Bonus Crank: “Why Can’t It Be an ‘And’?”

1. In a letter sent on Tuesday to members of the city council’s select committee on Mandatory Housing Affordability, the Seattle Coalition for Livability, Affordability, and Equity (SCALE) urged council members to adopt a raft of amendments scaling back the (already watered-down) citywide Mandatory Housing Affordability plan, which would allow duplexes, townhomes, and some small apartment buildings on six percent of the city’s exclusive single-family areas.

SCALE’s letter encourages the council to adopt all “neighborhood self-determined amendments and resolutions,” which I wrote about last week, and zeroes in on a few specific amendments, including:

• An amendment reverting the MHA zoning back to whatever it was before the council adopted the plan, “should the courts find the affordability housing requirement sections (e.g. requirements to build on site or in-lieu fees) not legal.” MHA requires developers to fund or build affordable housing in exchange for the higher densities allowed by the plan.

• An amendment requiring “one-for-one replacement” of any housing removed as the result of development under MHA. The city has argued that mandatory one-for-one replacement discourages new development and does not accomplish the broader goal of producing more affordable housing throughout the city than is lost directly to development through physical displacement.

• Another, similar amendment requiring that any new development that results from developers paying a fee into an affordable housing fund be inside the same urban village as, or no more than 10 minutes’ walking distance from, the new development. This would also have the impact of reducing development, and thereby lowering the number of new affordable housing units built under MHA.

• Amendments mandating large new setbacks (15 feet in the front and rear, and between 5 and10 feet on the sides) and yards for new development, including small, low-rise apartment buildings, which would be required to have “at least one 20′ x 20′ area at grade for landscape and a large tree planted in natural soil.”

• An amendment changing the definition of “family-sized housing,” which is required in some affordable-housing developments, to three bedrooms (from the current two). The letter justifies this change, which would likely prevent some development because larger apartments are both more expensive and less lucrative, by arguing that “[f]amily sizes for low income, immigrants and refugees and people of color tend to be larger.” The average household size in Seattle, as of the 2017 American Community Survey, was 2.11—1.85 for renters.

The city council took up the first set of district-specific MHA amendments, including some proposed by residents and some from council members themselves, on Monday; on Wednesday, they’ll consider the second batch. I wrote about all those amendments here.

Mayor Jenny Durkan and citywide mobility director Mike Worden

2. As the longest (by one week) Seattle highway closure in history enters its third weekday, predictions of “viadoom” and “carpocalypse” haven’t come to fruition. But as city, state, and county leaders reminded the city at a press event last week, the “period of maximum constraint” is a long-term issue, which is one reason, Mayor Jenny Durkan explained, that the city needed to hire retired Air Force general Mike Worden, one of the two finalists for the Seattle Department of Transportation director job that was ultimately filled by Washington, D.C.’s Sam Zimbabwe, to oversee the city’s “mobility operations.”

It didn’t get coverage at the time (most of the assembled press were focused, understandably, on the coming permanent closure of the Alaskan Way Viaduct), but Durkan offered her most detailed explanation yet of why she believes the city needs not only a new SDOT director and a director of downtown mobility, but a “director of citywide mobility operations coordination,” which is Worden’s full, official title.

“Both Sam and the General came up through the SDOT search, and both of them were enthusiastically supported by the search committee, who said, ‘Either one, you’re going to get a winner.’ And I said, ‘Why does it have to be an or? Why can’t it be an and?'”

Durkan went on to joke that Worden would benefit from his past experience under “enemy fire” and reiterated that Worden’s job wasn’t just monitoring traffic, but coordinating responses from “29 city departments” (which is, incidentally, all of the city departments). For example, “When a tree comes down and blocks a road, that’s not necessarily a Seattle Department of Transportation issue; it could be a City Light issue because it could take wires with it. It could be a Parks Department issue, because the tree was originally in a park.”

Worden also cited his military experience as something that uniquely prepared him for his new job as, effectively, the city’s traffic czar. “My experience with coming together on the eve of a crisis with a bunch of strangers who are arriving from different locations, different countries, facing a crisis, and the ability to work with them to build relationships, to get everyone on a common frame of reference, to achieve the objectives, may come into play … as we transform like a butterfly into the city that everybody wants to be,” Worden said.

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Morning Crank: “Some Kind of Magical Treatment Carwash”

1. Homeless service providers and advocates expressed skepticism, and some support, for the idea of consolidating the city and county’s response to homelessness under a single regional agency on Monday. Kevin at SCC Insight has a thorough writeup of the report from NYC-based Future Laboratories, but the key bullet point was the recommendation that Seattle and King County should consolidate all the agencies providing services to people experiencing homeless in the region into a single regional über-agency, while keeping capital projects (i.e. housing construction) under the purview of individual cities.

Some of the issues service providers raised after consultant Marc Dones’ presentation were familiar. Daniel Malone, the director of the Downtown Emergency Service Center, cautioned that in the absence of additional funds for housing, it would be almost pointless to provide more funding for treatment and behavioral health care, which was among Future Labs’ 10 recommendations. “We are not going to realize the benefits from all of those additional investments if we don’t pair them with housing, and too many of the proposals so far are really just for the allocation of additional treatment beds,” Malone said. “There’s this idea that some people have that there’s some kind of magical treatment carwash that we can run people through, and they come out through the other end all better.” In reality, Malone said, it’s hard for people fresh out of treatment to stay on track while living on the street. “We ought to make sure that there’s a commitment to [housing] before we move on the rest of these investment changes.”

Paul Lambros, the longtime head of Plymouth Housing Group, cautioned that any new regional agency needed to have real authority, lest it get “watered down” the way previous efforts at a “regional response to homelessness” have. During the Ten-Year Plan to End Homelessness (which wrapped up in 2015 with homelessness more pervasive than ever), “we made recommendations, and then, through … the city council’s process and the county council’s process and others, it got watered [to the point that] there wasn’t a lot of authority there,” Lambros said.

Alison Eisinger, director of the Seattle/King County Coalition on Homelessness, agreed with Dones’ statement that the success of a system shouldn’t be judged on how many times someone has to come back to get a new ID, but pushed back on the notion that having to get an ID again and again and again was somehow normal. “Just as we should not require people to share their personal information many, many times over and measure things like how many times someone has gotten an ID card, we should question how it is that peoples ID’s are lost so frequently, including in sweeps that are funded by public dollars,” Eisinger said.

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2. Fred Podesta, the former Finance and Administrative Services Department director who had served for several months as head of the city’s Navigation Team, left the city earlier this month to take a new position as the COO for Seattle Public Schools (Podesta’s reassignment, last August, was widely viewed as a demotion; he took a new). His replacement will reportedly be Jackie St. Louis—the current coordinator for the Navigation Team and part of the social-worker component of the team, which also includes Seattle Police Department officers.

Durkan has been forceful in her support of the Navigation Team, which was doubled in size thanks to a one-time grant from King County in 2018. During last year’s budget negotiations, when council member Teresa Mosqueda proposed rolling back the team to its pre-grant size in order to give city-contracted human service workers a 2 percent raise, Durkan went on the offensive, and one of her deputy mayors, Mike Fong, sent letter to council members suggesting that rolling back the size of the team, which sweeps encampments and directs camp residents to services and shelter beds, would result in “400 more people living on our streets” and “200 more encampments in our parks and public spaces.”

Durkan spokeswoman Chelsea Kellogg says the mayor’s office came up with these numbers by reducing the actual 2018 numbers “by the percentage of the proposed cut.”

In an email labeled “Talking Points-Nav Team cuts,” Durkan staffer Anthony Auriemma suggested several talking points that didn’t make it into Fong’s email, including the claim that if the council rolled back funding for the Navigation Team, “the City will struggle to deliver basic services such as keeping parks open for everyone to enjoy or ensuring sidewalks are safe and accessible.”

It’s hard to say whether Durkan’s office would have actually argued that reducing the Navigation Team to its 2017 size could have forced the city to shut down public parks or that Mosqueda’s plan would have rendered sidewalks across the city unsafe and unusable. It’s easy to see, however, how such talking points (combined with claims that council members were swelling the city’s unsheltered population by hundreds of people) could be politically damaging to council members seeking reelection this fall. Back in November, Durkan’s spokeswoman categorically denied reports that the mayor had called council members to let them know that if they voted against the Navigation Team expansion, they would have to explain to their constituents why they had allowed public safety to deteriorate in their districts.

In the end, Durkan got her permanent Navigation Team expansion, and the human service workers got their 2 percent inflationary pay increase. Imagine what this debate would have looked like during an economic downturn.

Campaign Crank: O’Brien Robopolls, Pedersen Hits Delete, and Rufo Writes His Own Company a Check

1. City council incumbent Mike O’Brien has not said yet whether he plans to run for reelection, although was behind a robopoll testing support for O’Brien as well as two potential candidates, state Rep. Gael Tarleton and Fremont Brewing co-owner Sara Nelson, in December.  O’Brien has not released the results of the poll, but the news was reportedly not great; the embattled incumbent has come under heavy fire over the last year from neighborhood activists who disagree with his opposition to homeless encampment removals, his support for density, and his advocacy for the scuttled $275 “head tax” on large businesses, which would have paid for housing and homeless services. All seven of the districted council positions will be on the ballot this year; so far, three of the incumbents—Sally Bagshaw (District 7), Rob Johnson (District 4) and Bruce Harrell (District 2) have announced that they will not seek reelection.

2. One of the candidates for Johnson’s position, former Tim Burgess aide Alex Pedersen, ran a blog and newsletter for several years focusing on family life and businesses in District 4. But Pedersen also used the site, called “4 To Explore,” to expound on his own political views. Although Pedersen has delated the blog’s archives from his website—which now displays a statement saying that the blog is “on hiatus” and that anyone who subscribed to the site as an email newsletter can “simply search your old e-mails”—the site lives on in the Internet archive, where it’s possible to read Pedersen’s past writings on everything from the Sound Transit 3 ballot measure (which he opposed) to local levies (he supported the housing and preschool levies but opposed Move Seattle because, among other reasons, he thought it included too much for bike lanes) to homelessness (he wanted the city to “Make it clear we will prioritize housing and taxpayer-funded services for Seattle and King County residents” because “Seattle is branded across the country as “a Mecca” for services” and “seems to be attracting homeless from around the nation”). In 2015, Pedersen endorsed longtime anti-density activist Bill Bradburd over council incumbent Lorena Gonzalez.

Pedersen also described the downtown streetcar, which Mayor Jenny Durkan has put on hold, as “incredibly expensive and redundant“; referred to the Housing Affordability and Livability Agenda as “former Mayor Ed Murray’s backroom deal for real estate developer upzones”; denouncedCOUNCILMEMBER ROB JOHNSON’S TWISTING OF THE TRUTH” in a post trashing the city’s decision to allow more density in the University District; and supported impact fees on developers who add density to neighborhoods.

Pedersen’s new campaign website does not yet include an “issues” page.

3. Christopher Rufo, the former District 6 City Council candidate, contributed $10,000 to his own campaign against city council incumbent Mike O’Brien last year. After dropping out of the race in November, and after refunding about $3,700 of the $12,390 he received in contributions, he wrote two more checks—one, for $5,600, to the Union Gospel Mission, and another, for $10,000, to the Documentary Foundation—the California-based nonprofit film company that Rufo runs. In 2017, the Documentary Foundation reported revenues of $123,819 and expenses of $390,065, including Rufo’s $58,285 salary.

Rufo says he gave his contributors the option of getting their money back or having him contribute it to UGM. “After hearing back from donors, I sent checks to everyone who requested a refund, paid down the campaign’s expenses, and sent the remaining $5,600 in donor contributions to Union Gospel Mission (in that order).” Rufo says he gave the rest of the money to the Documentary Foundation “with the goal of continuing to engage on Seattle political issues,” because he could not legally refund it to himself. (Wayne Barnett, the director of the Seattle Ethics and Elections Commission, says Rufo could have refunded himself up to $6,000 under state law).

Rufo says he’s now working on a new film, “America Lost,” which, according to the Documentary Foundation’s website, ” shows the dramatic decline of the American heartland through a mosaic of stories including an ex-steelworker scrapping abandoned homes to survive, a recently incarcerated father trying to rebuild his life, and a single mother struggling to escape her blighted urban neighborhood.”

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Morning Crank: SDOT Will Help Fund Runner-Up’s Salary; Agency Gets Acting Director During Viaduct Closure

1.

1. Sam Zimbabwe, the incoming director of the Seattle Department of Transportation (pictured), won’t be able to start for several more weeks, so SDOT is getting another temporary director—current SDOT interim deputy director Kevin O’Neill, who will serve as acting director until Zimbabwe starts, most likely in February. The Alaskan Way Viaduct will be shut down for three weeks, starting this Friday, for the state to reroute SR99 into the new waterfront tunnel.

Since Durkan asked for the resignation of the last permanent transportation director, Scott Kubly, in December 2017, the department has had two interim directors—Goran Sparrman, who left the city for a job with the engineering firm HNTB, and Linea Laird, the former administrator for the Alaskan Way Viaduct replacement project at the state department of transportation.

2. Last week, Durkan announced that she was hiring the runner-up for the SDOT position, retired Air Force general Mike Worden, to a “cabinet-level position” in her office, from which he will coordinate operations between city departments during the coming “period of maximum constraint,” when traffic into and through downtown will be impacted by a number of construction projects as well as the permanent viaduct closure.

When reporters asked Durkan last week whether Worden risked stepping on Zimbabwe’s toes (in addition to the new director, who Durkan has said will be in town this month to “help with the planning” for the viaduct closure, SDOT has a director of downtown mobility whose job encompasses “traffic management, transit investments, transportation demand management, right-of-way management, coordinated regional communications, planned infrastructure investments, strategic data, and metrics”), Durkan reiterated that Worden’s job involved many other agencies, not just SDOT.

But although the mayor’s office is trying to distance Worden from the department he originally applied to direct, his $195,000 salary will be paid, at least in part, by SDOT. Given that the mayor’s office is wedded to its talking point that Worden is not part of SDOT, the fact that SDOT dollars will fund his position in the mayor’s office seems a bit like adding an insult to a snub.

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Asked to confirm reports from several sources that SDOT would be footing the bill for Worden’s salary, mayoral spokeswoman Chelsea Kellogg said the money would come from “braided funding” and that the exact dollar amounts that would come from various city departments hadn’t been determined yet.  Still, it hasn’t escaped notice inside city hall that the transportation department will be paying the salary of the man who didn’t get the top job, but got hired anyway, and who the mayor insists will not be looking over the new director’s shoulder.

3. Worden, who worked for defense contractor Lockheed Martin from 2010 to 2016 after retiring from the US Air Force, has reportedly instructed all city staffers to address him as “General,” which helps explain why not only Durkan but all her communications staffers consistently refer to him as “the general” or, in writing, as “the General.” City staffers say that Worden’s executive assistant has been meeting with employees to let them know that they should use the honorific when addressing or referring to him.

UPDATE: Late this morning, senior staff were reportedly told to tell their employees to begin addressing Worden as “Mike,” a reversal of the previous directive. I have a message out to the mayor’s office to find out when this decision was made, and why. In an email chain about Worden that began yesterday, a spokeswoman for the mayor shifted from referring to Worden as “the General” (last night) to “Mike” (this afternoon).

There doesn’t seem to be any hard and fast rule on whether retired military officials should use their rank in a professional setting. They’re certainly allowed do so so (except in federal civil service jobs)‚ but many of the protocol and etiquette guides I found online caution against it, for obvious reasons: 1) It’s weird (and potentially intimidating) to pull rank in a non-military setting; and 2) no one wants to be that guy who got a Ph.D and now insists that everyone address him as “doctor.”

 

Afternoon Crank: Density Opponents Sharpen Their Pencils, City Seeks Consultant for Quick-Turnaround Showbox Review

1. As the city council begins what could—could—be the final round of discussions about the Mandatory Housing Affordability proposal (the plan, in the works for two years now, would upzone 6 percent of the city’s exclusive single-family areas and require developers to fund new affordable housing), density opponents are sharpening their pencils.

The Seattle Coalition for Affordability, Livability, and Equity (SCALE), which blocked the plan for a year with environmental appeals, produced a list of proposed amendments to the plan that would effectively gut the proposal, by forcing the city to charge developers to pay new “impact fees” to offset the perceived negative impacts of new housing, instituting minimum parking requirements for new developments, quadrupling the fees developers would pay toward affordable housing under the ordinance, and rolling back many of the zoning changes entirely.

The proposed amendments include things like increasing tree canopy requirements (thereby reducing development capacity) in low-income neighborhoods; changing the definition of “family-sized” housing to exclude two-bedroom apartments; requiring large open spaces or even yards for new multifamily developments; and reducing the MHA rezones to reflect the affordable housing targets in existing neighborhood plans, which did not contemplate the massive population growth nor the rise in inequality that Seattle has experienced over the last ten years.

SCALE’s Toby Thaler, who argued the group’s case against MHA before the city hearing examiner, did not respond to an email with questions about the document. While some of the amendments the group is proposing are obviously fanciful—no one is seriously talking, for example, about blowing up the “Grand Bargain” with developers by requiring them to fulfill 50 percent of their affordability requirements with on-site housing—they could serve as a kind of Overton window (or, if you prefer, opening gambit) for the upcoming discussion about neighborhood-specific changes to the plan, which begins next week.

Housing advocates will want to keep an eye out for what citywide and block-by-block changes council members (and Mayor Jenny Durkan) propose, and whether those changes track with the proposals put forward by SCALE. (The amendments aren’t available yet, but I’ll post about them as soon as they are.) Durkan has said in the past that she believes “neighborhoods” should have more input into the city’s development decisions; whether that means acceding to homeowner advocates’ demands during the final stretch of the MHA debate will become clear in the coming weeks.

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2. The city will spend $75,000 this year (of $100,000 allocated in last year’s budget) on a contractor who will advise the mayor and council on whether the Showbox should become a permanent part of the Pike Place Market Historical District. According to the scope of work for the contract, obtained through a public records request, the contractor will “Review the historic significance of the Showbox theater, study the relationship between the Showbox theater and the Pike Place Market, consider amendments to the PPMHD Design Guidelines related to the Showbox theater, draft legislation, conduct outreach to stakeholders, and conduct State Environmental Policy Act (SEPA) review on permanent expansion of the Historical District, as appropriate.” According to a spokeswoman with the city’s Department of Neighborhoods, DON has not chosen a consultant yet, but remains on the schedule outlined in the work plan.

The contractor will have to get all that work done quickly; the city’s schedule calls for any SEPA findings to be published in March, with all the work wrapping up in April, and a council vote to permanently expand the historical district in June. Two to three months is a remarkably short time frame for a single contractor to conduct a full public outreach process, do a thorough environmental review, and draft legislation for the council to consider and pass. To put this timeline in historical context, the Market Historical District has been expanded twice before: Once, in 1986, to include Victor Steinbrueck Park, and again in 1989, to add a parking garage and senior housing. Seattle Times archives show that the debate over the latter addition lasted more than three years, and archival records at the city clerk’s office show that the council was receiving letters on the draft legislation fully nine months before they adopted the expansion.

Under the city’s current schedule, the Showbox building would become a permanent part of Pike Place Market three months before a trial is scheduled to begin in a lawsuit the property owners filed against the city; that suit charges that the city violated the Appearance of Fairness Doctrine, which requires council members to remain neutral on so-called quasi-judicial decisions like historic district boundary expansions, as well as the owners’ First Amendment and due process rights.

The debate over the Showbox’s fate began when a developer, Vancouver-based Onni, filed plans to build a 44-story apartment building on the property, which the council had recently rezoned to allow just such a development. The Showbox itself is owned by Anschutz Entertainment Group, and is a tenant in the building, which is owned by strip club magnate Roger Forbes; AEG’s lease expires in 2021.

3. After pushback over the fact that its original “service area” was confined almost exclusively to  neighborhoods north of I-90 (including many north of the Ship Canal), Uber announced today that its JUMP bikes will be available in South and West Seattle. The company, which launched its bikesharing service in Seattle late last year, got some bad press last week when the Seattle Times reported that riders who left bikes outside the service area could be charged $25. (An Uber spokesman says the company has not imposed the fee on any riders.) Lime Bikes, Uber’s competitor, launched citywide in the summer of 2017.

The red outline on this map shows the new service area, which includes three of four “equity areas” (low-income communities and communities of color) designated by the city. The original, blue-outlined area included just one of the equity areas, which includes the Central District and a sliver of South Seattle that extends down to the Mount Baker light rail station.

This is hardly the first time a “sharing economy” company has decided to serve the wealthier, whiter areas of the city first. Six years ago, Car2Go launched with a service area that excluded the entire South End and West Seattle while serving areas as far north as Bitter Lake.

Morning Crank: If It Isn’t Anybody’s Job It Isn’t Anybody’s Job

Friends of the Waterfront Seattle chair Maggie Walker gives Mayor Jenny Durkan a medal at a press conference announcing an agreement on the waterfront funding plan yesterday.

1. Waterfront property owners have reached a deal with the city in a longstanding dispute over how much they will pay for improvements that are expected to dramatically increase their property values over time. The deal, which Mayor Jenny Durkan announced at the Seattle Aquarium yesterday, is essentially the one I described back in December: Property owners impacted by the one-time assessment, known as a Local Improvement District, will pay about 20 percent less than the city originally proposed—a total of $160 million, rather than $200 million, total—and, in exchange, will agree not to challenge their assessments. A nonprofit established to help fund and operate the waterfront, Friends of the Waterfront, will contribute $110 million to the project ($10 million more than originally planned), while the city will kick in an extra $25 million from commercial parking tax revenues, for a total city contribution of $249 million. The total waterfront budget will be reduced very slightly, from $717 million under the old plan to $712 million under the new one.

At Thursday’s press conference, Durkan said the city would pay for the additional $25 million by issuing additional bonds against the city’s existing commercial parking tax as existing bonds are retired. Besides requiring the Friends to come up with $110 million, the legislation Durkan will transmit to the city council tomorrow commits the city to spending $4.8 million a year (adjusted upward annually for inflation) on park operations and maintenance for the park, a catch-all term that includes the city’s contribution to security. That money would come from the existing parks levy (passed in 2014), the parking tax, and the city’s general fund. The legislation includes an emergency clause that allows the city to spend less on maintenance and security if general fund revenues decline in a future financial downturn.

2. The press conference included an awkward moment, when the mayor introduced Pike Place Market Public Development Authority council chair Rico Quirindongo (pictured, clapping, above), as Brian Surratt, the head of the city’s Office of Economic Development under former mayor Ed Murray, who also happens to be black but does not look like Quirindongo. After Quirindongo introduced himself and said a few words, Durkan returned to the mic and, without missing a beat, spelled his (actual) last name out loud for the press.

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3. Durkan also answered several questions about her decision to hire retired Air Force general Mike Worden, who was a runner-up for the Seattle Department of Transportation director position, as “mobility operations coordinator” during the “period of maximum constraint,” when mobility downtown will be pinched by several major projects around the center city, including the demolition of the Alaskan Way Viaduct, the construction of the Washington State Convention Center expansion, and the closure of the downtown transit tunnel to buses. Worden, whose career spans more than 30 years in the Air Force and six years as a director at defense contractor Lockheed Martin, has little direct experience in transportation planning.

Durkan announced her selection of Sam Zimbabwe, most recently the chief project delivery officer for Washington, D.C.’s transportation department, as SDOT  director last month. By choosing Worden for the newly created $195,000-a-year position, Durkan was effectively able to hire both of the remaining SDOT finalists—one for the position that both men originally sought, and one for a position created specifically for him. (A third finalist, Sound Transit division manager Kamuron Gurol, reportedly dropped out of the running late in the process). A similar scenario played out in Durkan’s selection of a new police chief, a drawn-out process in which she rejected, then reconsidered, then appointed then-deputy chief Carmen Best to the position, while also hiring one of the finalists, former Philadelphia police chief Cameron McLay, as a senior policy advisor.

The mayor said yesterday that she made the decision to hire Worden with Zimbabwe’s full collaboration and support. “He was very much in favor of having a person who would coordinate across all departments, because this isn’t just [about] the Seattle Department of Transportation. It’s much [bigger] than that,” Durkan said. For example, the city might need to redirect fire trucks to go around a traffic jam downtown, or offer flexible hours for people to file permit applications. “If it’s nobody’s job, it’s nobody’s job,” Durkan said. Currently, though, coordinating the city’s response to the so-called “Seattle squeeze” is somebody’s job—SDOT’s own Heather Marx, whose job title is “director of downtown mobility.” Marx did not play a role during yesterday’s press conference, and I didn’t see her in the crowd.

4. Also conspicuously absent: Deputy mayor Shefali Ranganathan, the former Transportation Choices Coalition director who oversees “major transportation-related policy” for the mayor’s office and who would seem to be the natural choice to oversee Worden’s work in the mayor’s office. Instead, that role will go to deputy mayor Mike Fong, who also oversees almost a dozen city departments. Asked why she decided to have Worden report to Fong instead of transportation expert Ranganathan, Durkan said, “Again, this isn’t just about transportation. Senior deputy mayor Fong is the senior deputy mayor so [Worden] actually reports to me [and] coordinates with senior deputy mayor Fong.”

In October, when Ranganathan’s portfolio was reduced in a reorganization of the mayor’s office, she told me the changes would give her time to focus on “major initiatives” like congestion pricing downtown. Yesterday, both she and Fong echoed Durkan’s line that Worden’s job will mostly involve coordinating between departments like police, fire, and utilities—a point everyone at the mayor’s office hammered home so consistently that I started to wonder if traffic coordination had anything to do with transportation at all. SDOT—the agency everyone was so keen to de-emphasize—is, of course, the primary agency that will have to deal with traffic backups, transportation construction, transit access, illegal parking, bikesharing, enforcing new restrictions on Uber and Lyft, and any number of other initiatives related to center-city mobility.

Morning Crank: Period of Maximum Complaint

1. Mayor Jenny Durkan, joined by staffers from the Washington State Department of Transportation, King County Metro, Sound Transit, and the Seattle Department of Transportation, held a press briefing yesterday to lay out the regional plan for dealing with the upcoming three-week closure of SR 99 through downtown. Although the city has presented most of the details before (this PowerPoint provides a lot of useful details), the officials addressed (or, in some cases, dodged) some of the outstanding questions about their plan, including everything from why Metro can’t just make buses free during the closure to why the city is encouraging commuters to take advantage of a promotion that gives Uber and Lyft riders a discount if they use the car service to get to light rail stations.  A few of those questions and answers of particular interest to those who don’t plan on driving downtown (for everyone else, the TV stations and Joel Connelly have got you covered):

• Given that one of the major contributors to congestion is cars “blocking the box”—that is, sticking out into intersections and preventing cyclists, pedestrians, and other vehicle traffic from getting through—why doesn’t the city’s plan include beefed-up police enforcement of laws that make box-blocking illegal?

According to Mayor Durkan, more vigorous real-time enforcement by officers would only make the problem worse. “Normal traffic enforcement can’t help that much, because when you have a police officer pulling traffic over it just blocks traffic more,” Durkan said. The city is hoping that the state legislature will give it the authority to use cameras to enforce the law in the future.

• With the Downtown Seattle Transit Tunnel becoming light-rail-only on March 23, how does the city plan to ensure that buses move smoothly on surface streets?

A lot of the plans are highlighted in the city’s presentation, but here are a few you may not know about. King County Metro plans to institute off-board payment, and all-door boarding, for all buses on Third Avenue, which will require the agency to install ORCA card readers at bus stops. For bus stops that don’t have readers, Metro will be paying off-duty bus drivers to stand at the back entrance to buses and manually scan passengers’ cards as they board in the back. All-door boarding—standard in many cities—reduces the amount of time buses sit at stops, and is considered a best practice by groups like the National Association of City Transportation Officials. Many cities have instituted both all-door boarding and a proof-of-payment system that doesn’t require the installation of card-tapping machines at single bus stop; although Bryant noted that Metro has to have some way of collecting fare, other cities have systems like this, with fare payment enforced by transit workers. Other cities also have card readers right on board buses; it’s hard to see why Seattle couldn’t install a similar system’s to, say, San Francisco’s, which relies on a combination of trust and enforcement.

• Couldn’t Metro really speed things up by bringing back the Ride-Free Area?

The Ride-Free Area, a zone encompassing most of downtown where riders could board buses for free (if you went outside the zone, you had to pay as you exited the bus) was discontinued on September 29, 2012, to the consternation of advocates for low-income and homeless bus riders and anyone who liked to hop on the bus for short trips downtown but didn’t have an employer-funded transit pass. Metro planner Bill Bryant said yesterday that the Ride-Free Area led to fare evasion and slowed buses down when they got to their destinations downtown, as people lined up to pay when deboarding the bus. If the point of all the changes discussed yesterday is to improve travel times through downtown, though, the ride-free area seems worth revisiting; the passenger-bunching problem, meanwhile, seems fixable—perhaps by installing on-board card readers on buses, as described above.

• Why is the city of Seattle promoting a promotion by ride-hailing companies Uber and Lyft to give passengers a $2.75 discount—the amount of a Metro transit ride—if they use one of the companies’ cars to get to a light-rail station or transit center? Durkan has suggested tolling Uber and Lyft trips into downtown on the grounds that the car-hailing companies increase vehicle miles traveled, so promoting their use seems potentially inconsistent with the goal of getting people out of cars, whether those cars are privately owned or operated by a ride-hailing company.

Durkan has apparently been feeling the pushback on this issue, because she gave a heated response to my question about why the city was promoting the companies’ discount program, which began on December 17, almost a month before the viaduct will close. “I think that’s a totally false framework,” she said. “We’re not saying it’s going to remove all these trips; what we’re trying to do is have a range of services [to]… increase the number of people that get to transit. They think that can be one way. It’s their program. If it works, that’s great.” (I did not suggest in my question that Durkan was saying that Uber and Lyft were the only solution.)

Durkan continued:  “Some people will say no one will take the bikes, but we made bikes available at every transit stop. People have to pay for those bikes. It’s not a one-seat ride. I think no one of these pieces is going to fix everything. But by hopefully having a range of choices, we can make sure that people can do what they need to do to get out of their single-occupancy vehicles and driving them into town.”

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2. Linea Laird, the city’s interim SDOT director, sent a letter to scooter-sharing companies, including Lime and Bird, this week requesting that the companies indemnify the city from legal responsibility for any injuries or deaths that result from scooter crashes, and asking the companies to reveal whether they had technology that could prevent scooters from functioning on sidewalks or in bike lanes, suggesting that if scooters are allowed, people will only be able to ride them in vehicle traffic (a situation that would, logically, result in a lot more injuries and deaths.) Portland, which started allowing scooters earlier this year, allows riders to operate them in bike lanes, but not on sidewalks.

Laird’s letter reads, in part:

Thank you for your interest in obtaining the necessary permits to utilize Seattle city right of way for free-floating scooter sharing. Seattle’s successful Free-Floating Bike Share Program has provided new choices for mobility and fun. Key to the program’s success is our commitment to equitable and safe micro mobility policies that ensure Seattle taxpayers get fair value for the use of the public right-of-way.

Although the City of Seattle currently does not allow scooters, we are aware of the positive benefits this mobility option has brought to other cities. We are also aware of the safety challenges and concerns. As we evaluate your interest in deploying scooters in Seattle and weigh the public benefits of doing so, we request that you provide some additional information including the following: […]

How many injuries have occurred related to use of your scooters in each city where you have deployed? For each incident, please provide any information available regarding:

• who was injured (e.g. the scooter rider, somebody else);
• the nature of each injury;
• the cause or causes of the incident; and,
• the location of the scooter during the event (e.g. sidewalk, bike lane, road)

If Seattle permits scooters, would you agree to indemnify the City in any claim, lawsuit or other dispute relating to their deployment or use? […]

Does your company have any technology or other method for preventing or discouraging motorized scooter use on sidewalks, bike lanes, and other areas where they are not permitted under Seattle Municipal Code § 11.46.010? Alternatively, does your business plan envision scooter use on sidewalks or bike lanes?

Durkan has previously indicated that she considers electric scooters a bit of a menace (“Every mayor who’s got ‘em comes up to me and says, ‘Don’t take ‘em,” she said at a recent event), so scooter companies may see the very fact that her transportation department is looking for solid data and asking about compliance plans as a sign of progress—or an opening gambit. The city’s contracts with e-bike companies like Lime and JUMP contain a section that indemnifies the city for damages from crashes (except when a crash results from the city’s own negligence); the version posted online says that the indemnity clause only applies when a rider is not wearing a helmet, but the mayor’s office provided more recent version in which the city is indemnified whether or not a rider is helmeted.

Morning Crank: Incongruous With Their Fundamental Mission

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1. For years, environmental advocates who support urban density as a tool against sprawl have grumbled about the fact that the anti-sprawl nonprofit Futurewise has two men on its board who make a living fighting against the foundational principles of the organization—attorneys Jeff Eustis and David Bricklin. Both men were ousted from the Futurewise board last month after the board voted to impose term limits on board members, who will be limited to no more than three successive terms from now on.

Both Eustis and Bricklin are crossways with Futurewise on a number of high-profile local issues, including the question of whether Seattle should allow more people to live in single-family areas, which occupy 75 percent of the city’s residential land but house a shrinking fraction of Seattle’s residents. Eustis is currently representing the Queen Anne Community Council, headed by longtime anti-density activist Marty Kaplan, in its efforts to stop new rules that would make it easier to build backyard cottages and basement apartments in single-family areas. Bricklin represents homeowner activists working to stop the city’s Mandatory Housing Affordability plan, which would allow townhouses and small apartment buildings in  7 percent of the city’s single-family areas.

To get a sense of how incongruous this work is with Futurewise’s primary mission, consider this: Futurewise is one of the lead organizations behind Seattle For Everyone, the pro-density, pro-MHA, pro-housing group. Bricklin co-wrote an op/ed in the Seattle Times denouncing MHA and calling it a “random” upzone that fails to take the concerns of single-family neighborhoods into account.

Bricklin’s firm also represents the Shorewood Neighborhood Preservation Coalition, a group of homeowners who have protested a plan by Mary’s Place to build housing for homeless families on Ambaum Blvd. in Burien on the grounds that dense housing (as opposed to the existing office buildings) is incompatible with their single-family neighborhood. The Burien City Council approved the upzone, 4-3, after a heated debate this past Monday night at which one council member, Nancy Tosta, suggested that instead of allowing homeless families to live on the site, the city should preserve it as office space, since “part of the way of dealing with homelessness is to have people make more money.”

Bricklin is still on the boards of Climate Solutions, the Washington Environmental Council, and Washington Conservation Voters.

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2. Seattle City Council members reached no resolution this week on a proposal from the mayor’s office to approve the city’s purchase of GrayKey, a technology that enables police to easily (and cheaply) unlock any cell phone and review its contents, including location data, without putting the technology through a privacy assessment under the city’s stringent surveillance ordinance. If the city determines that a technology is a form of surveillance, the city has to prepare a surveillance impact report that “include[s]  an in-depth review of privacy implications, especially relating to equity and community impact,” according to the ordinance. The process includes public meetings, review by a special advisory group, and approval by the council at a meeting open to the public. In contrast, technologies that intrude on privacy but aren’t considered surveillance only require a “privacy impact analysis” that is not subject to formal public process or council approval. Previous examples of technologies the city has deemed to be surveillance include license-plate readers (used to issue traffic tickets) and cameras at emergency scenes.

The city’s IT department, which answers to the mayor, determined that GrayKey is not a “surveillance technology” after the company submitted answers to a list of questions from the city suggesting that the technology would only be used if the Seattle Police Department obtained a warrant to search a person’s phone. In an email appended to that report, Seattle’s chief privacy officer, Ginger Armbruster, wrote, “If phones are acquired either under warrant or with suspect[‘]s knowledge then this is not surveillance by ordinance definition.” In other words, Armbruster is saying that as soon as SPD gets a warrant to break into someone’s phone and scrape their data, the surveillance rules, by definition, no longer apply.

ACLU Technology and Liberty Project Director Shankar Narayan disagrees with this interpretation, noting that the surveillance law doesn’t include any exemption for warrants. “The ordinance is about the entire question of whether it’s an appropriate technology for an agency to have, and encompasses a much broader set of concerns. If the warrant serves the same function as a surveillance ordinance”—that is, if anything the police do after they get a warrant is de facto not surveillance—”then why do we need a surveillance ordinance? The intent of the council was to put scrutiny on technologies that are invasive—as, clearly, a technology that allows police to open your cell phone and download data about the intimate details of your life is.” It’s the technology, in other words—not how the city claims it will be used—that matters.

The city’s initial privacy assessment is brief and unilluminating. GrayKey skipped many of the city’s questions, answered others with perfunctory, one-word answers, and followed up on many of the skipped questions with the same all-purpose sentence: “this solution is used for Police case forensic purposes only. ”

Proponents of GrayKey’s technology (and GrayKey itself) say that the police will limit its use to child sexual abuse cases—the kind of crimes that tend to silence concerns about privacy because of their sheer awfulness. Who could possibly object to breaking into the phones of child molesters? Or terrorists? Or murderers? As council member Bruce Harrell, who said he does not consider GrayKey a surveillance technology, put it Tuesday, “No one has a right to privacy when they are visiting child pornography sites.”

The problem is that in the absence of review under the surveillance ordinance, even if police claim they will only use GrayKey to investigate the worst kinds of crimes, there will be no way of knowing how they are actually using it. (Narayan says police departments frequently claim that they will only use surveillance technology to hunt down child molesters, or terrorists, to create political pressure to approve the technology or risk looking soft on crime.) The council can state its preference that the technology be limited to certain types of especially heinous crimes, but if the phone-cracking technology isn’t subject to the ordinance which allows the city council to place legally binding limits on the use of surveillance tools, the decision facing the city is essentially binary: Approve (and purchase) the technology and hope for the best, or don’t.

This is why privacy advocates consider it so important to look at surveillance technology thoroughly, and to give the public real opportunities to weigh in on granting the city sweeping authority to review people’s movements and access their data.  Harrell said Tuesday that he didn’t want to “jump every time the ACLU says [a technology] raises issues,” and that he was confident that additional review by the executive would resolve any questions the council might have. But, as council member Lisa Herbold pointed out, there’s no requirement that the mayor’s office present the results of any future internal privacy assessment to the council—they can run it through a privacy impact assessment, reach the same conclusions they’ve already reached, and post it on the website with all the others without any additional input from the council or the public. The only way to ensure that concerns are daylighted before the city buys this, or any other, technology that could invade people’s privacy is to determine that GrayKey is surveillance, and put it through the process. At the end of Tuesday’s meeting, the council’s governance, equity, and technology committee had made no decision on whether to subject GrayKey to additional scrutiny or wait to see what the mayor’s office does next. The city currently plans to purchase the phone-cracking technology sometime in the third quarter of next year.

Morning Crank: Details Emerge About Megablock Sale

1. Yesterday, six months after the city put the largest remaining piece of publicly owned land in South Lake Union on the market, the city council got its first look at the bids for the property. The conjoined parcel, which some affordable housing advocates have argued the city should hold onto and develop as public housing, is worth upwards of $90 million on the open market.  Although the city budget office wasn’t willing to say much about the bids in open session (for fear, according to city budget office director Ben Noble, of weakening the city’s bargaining position), a few details did emerge during the public discussion.

First, budget staffers revealed that seven teams presented proposals to either purchase or lease and develop the property, and that the city determined that six were responsive. After a team made up of city staffers and one private citizen—former Downtown Seattle Association director  and deputy mayor Kate Joncas—reviewed the applications and interviewed the candidates, they decided to move all six forward to the “best and final offer” stage of the process rather than eliminating any of them right away. Noble said that most, but not all, of the proposals included the 175 units of affordable housing suggested in the request for proposals, and that some of the bidders proposed developing the land under a long-term ground lease, rather than buying it outright. Some of the bidders apparently proposed two different offers—one price with affordable housing, and another, higher price without—and staffers said that one goal of the negotiations will be reducing the difference between those two numbers. If the city decided to keep the property and develop it in cooperation with a nonprofit housing provider, budget office staffer Steven Shain said, the cost to the city would be about $100,000 a unit, or about $100 million for 1,000 units of affordable housing.

City council members questioned why Joncas was the only non-city employee on the committee reviewing the bids for the Megablock property. “I was unaware until very recently that it is even possible to have somebody not of the city family to participate in a process like this,” council member Lisa Herbold said. “It would have been really helpful, knowing now  that we could have external stakeholders participate… having somebody participate with expertise in nonprofit affordable housing production.” Shain said the executive reached out to other people and organizations, including Capitol Hill Housing, but they weren’t able to commit the amount of time the job required without any kind of compensation from the city.

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“As the issues facing our city become more critical and more complicated, we are as elected leaders… pursuing the expertise of subject matter experts within the community more and more often,” council member Lorena Gonzalez said, but there isn’t a clear policy about how and when to pay people who work for nonprofits, rather than for-profit consulting firms. “That’s an inherent inequity in how we engage subject matter experts in a variety of areas. We tend to not monetarily value nonprofits, but we will monetarily value people who are literally in the business of providing expert consultant opinions.”

Gonzalez also suggested that the council think about whether they’re overusing executive sessions and invoking confidentiality provisions when they don’t have to. “My frustration is that we just assume that everything is confidential, and we don’t afford ourselves the opportunity to take a scalpel approach to the issues related to confidentiality,” Gonzalez said. “So, yes, while the details of the transactions and the proposals mightbe subject to confidentiality, there are several details around the transactions… that could have been daylighted in a more transparent way that could, at a minimum, contribute to a higher level of public confidence in whatever deal that we’re going to be judged for approving or not approving.”

Then the council went into executive session.

2.  After the council approves Mayor Jenny Durkan’s appointment of two more Transportation Choices Coalition staffers to the city’s bike and transit boards next week, there will, by my count, be just one person on TCC’s entire full-time staff who Mayor Durkan has not appointed to a city board, commission, or advisory committee during her first year in office. This year, Durkan has appointed TCC staffers to serve on the advisory committee overseeing the selection of a new Seattle Department of Transportation director; the Bicycle Advisory Board; the Transit Advisory Board; and the Levy to Move Seattle Oversight Committee. And, of course, her deputy mayor is Shefali Ranganathan, who left her job as TCC director to join the Durkan administration last year.

Honestly, there are worse things than a takeover by the IlluminaTCC. As I wrote back in November, the group is a strong, effective voice for alternatives to driving, especially transit, in a city that too often takes a windshield perspective on transportation planning. (New director Alex Hudson, who ran the uber-YIMBY First Hill Improvement Association, was an especially inspired hire.) Still, it’s worth asking whether other voices—the voices of groups that did not support Durkan’s election campaign, as TCC did, for example—are being displaced. As advocates from advocacy groups like the Cascade Bicycle Club and Seattle Neighborhood Greenways worry that they’re being shut out of official city appointments, TCC’s presence inside the city’s power structure appears to only be growing.

Morning Crank: “Not On Track” for “Even Seattle’s Insufficient Climate Action Plan”

1. Mayor Jenny Durkan’s legal counsel, Ian Warner, has left the mayor’s office for a job as public policy director  at Zillow, the  mayor’s office confirms. His replacement, who started Monday, is Michelle Chen, most recently a deputy city attorney who worked on land use. With Warner out, the mayor’s office retains just two high-level staffers from the Ed Murray era—legislative affairs director Anthony Auriemma and deputy mayor Mike Fong.

2. Speaking of departures: Moxie Media, the political consulting firm that ran Cary Moon’s unsuccessful (and costly) campaign for mayor in 2017, just lost four of its key staffers, including two veteran local political consultants who are striking (back) out on their own: John Wyble, whose firm, Winpower Strategies, merged with Moxie almost exactly one year ago, and Heather Weiner, who has been with the firm since 2016. Wyble was a partner at Moxie for most of the 2000s; when he rejoined the firm, which was founded by Lisa MacLean, last year, I wrote that “A look at Winpower’s local electoral record suggests this is not a merger of two equal partners—as does the fact that the firm will retain the Moxie name.” Wyble’s clients have included include two-time city council candidate Jon Grant and former mayor Mike McGinn, and numerous campaigns for Democratic state legislators, who run in even years. Weiner previously did work for Honest Elections Seattle (the pro-public campaign financing campaign) and several union-backed statewide campaigns.

Asked about the mass departure, both Weiner and Wyble gave versions of the same response: Campaigns are cyclical, it was time to make a change, consulting firms sometimes split up and sometimes come back together. “For me personally, I ran my own company, and I liked that better. That’s what I learned this year,” Wyble said. Weiner put it this way: “Political firms are kind of like boy bands, where they break up and get back together. It makes more sense for me to [go into the slow 2019 campaign season] as an independent consultant.”

Other possible reasons for the breakup: Personality conflicts (MacLean: “I’m not going to get into all of that in this conversation”), or financial difficulties, which MacLean denies. In fact, MacLean said Moxie had “an incredible cycle,” financially speaking, in 2018—”probably our biggest ever”—and explained the split as “typical end-of-cycle, shuffling the deck, musical chairs kind of stuff—people moving on.” The departures—which also include account executive Maria Leininger, who is going to work for Congresswoman-elect Kim Schrier, and Delana Jones, another partner at the firm—will leave Moxie at about half the size it was during the 2017 and 2018 campaigns.

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3. The city council will reportedly get its first look at the bids for the Mercer Megablock redevelopment in executive session on Monday morning, with the possibility for some public discussion before the closed-door meeting. The three-acre site is the largest remaining piece of city-owned land in South Lake Union; the city put it on the market earlier this year, in a request for proposals (RFP) that asks potential buyers to include at least 175 rent-restricted apartments in their bid. Affordable housing advocates have suggested that the city hang on to the property and build affordable housing on the site. On the open market, the combined megablock property is likely worth in the range of $90 million; but because the land was purchased, in part, with gas and commercial parking taxes, more than half of the proceeds of any sale or long-term lease will, under state law, have to go to the city’s transportation department.

4. Move All Seattle Sustainably, a new coalition made up of transit, bike, and pedestrian advocates—including the Cascade Bicycle Club, Seattle Neighborhood Greenways, and the Transit Riders Union—is demanding that Mayor Jenny Durkan take concrete actions before the end of 2018 to prioritize transit, biking, and walking during the upcoming “period of maximum constraint,” when construction projects and the closure of the Alaskan Way Viaduct are expected to create gridlock downtown. The coalition’s list of priorities includes completing the stalled Basic Bike Network downtown; implementing transit speed and reliability improvements (like bus bulbs, longer hours for bus-only lanes, and queue jumps) on 20 transit corridors across the city; and keeping sidewalks open for pedestrians during construction.

In recent weeks, advocates have expressed concern that Mayor Jenny Durkan’s office is shutting members of Cascade and Seattle Neighborhood Greenways out of positions on advisory groups like the Seattle Bike Advisory board, whose former chair, Cascade board member Casey Gifford, was abruptly replaced by Durkan last month.  The mayor’s office denies this (in an email to a group of advocates late last month, deputy mayor Shefali Ranganathan said there was “no truth” to the rumor and asked for help in “quashing” it) and notes that Cascade director Richard Smith was on the committee that is helping to select the new Seattle Department of Transportation director. In any case, it’s clear that the transit, bike, and environmental activists on the coalition don’t see eye to eye with the mayor’s office on transportation. On the new MASS website, the group declares the city “off track” and unprepared not only for the upcoming traffic crunch, but “to achieve Vision Zero”—the goal of reducing the number of deaths and serious injuries from traffic violence to zero— “or even Seattle’s insufficient Climate Action Plan.”