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.

Bikeshare Delayed After Complaint from Magnolia Activist

Coming soon? Lyft wants in to the bikesharing market.

The city’s decision to do a full State Environmental Policy Act analysis of a proposed expansion of its bikesharing pilot program, which I reported earlier this week, was spurred in part by a request for a SEPA analysis by Elizabeth Campbell, a Magnolia activist with a long history of filing legal complaints against the city. Campbell sent a letter demanding a full SEPA review on August 6. Sometime that same month, SDOT decided to do the review—a process that likely added at least couple of months to the timeline for expanding bikeshare. SEPA reviews are typically performed for projects that exceed a certain threshold, in terms of their potential environmental impacts.  Projects that are generally subject to SEPA review include things like new apartment buildings and projects that involve significant impacts on city rights-of-way. (To give just one point of comparison, new parking lots for fewer than 40 vehicles are categorically exempt from environmental review under SEPA. The bikeshare program does not include any new permanent structures in city right-of-way.)

The city’s experiment with free-floating bikesharing began in 2017, with a pilot program that allowed companies like Lime, Spin, and Ofo to disperse thousands of rental bikes around the city. The city approved new permanent rules for bike share companies in June, and three companies applied for permits—Uber, Lyft, and Lime. Both Uber and Lyft told me that they had expected to launch their bike share programs in September. However, the city still has not announced a date for the official expansion or granted permanent permits.

In her letter to the city, which was addressed to then-SDOT director Goran Sparrman and bikeshare program director Joel Miller and cc’d to Mayor Jenny Durkan, council member Mike O’Brien, and the heads of the city’s parks and neighborhoods departments, Campbell enumerates what she sees as the likely public costs associated with the program. Then she requests a SEPA analysis.

“The sheer number of pieces of business equipment that are to be unleashed upon Seattle’s streets, up to 24,000 bicycles and cycles, coupled with the fact that the majority of the bike-share business operators’ business equipment is to be placed, stored, and located by a number of means, including by mischief or abandonment, at any one time on the City of Seattle’s right-of-ways, parks, lands, public commons, and/or upon private property has immense environmental implications,” Campbell wrote. “At a minimum a SEPA checklist must be prepared and a threshold determination made before the Free-Floating Bike Share Program proceeds.”

The SEPA review wrapped up earlier this month.

Campbell says she asked for the review because she considers the bikes “litter” and believes they’re cluttering sidewalks like so much “trash on the streets.” SEPA seemed like an appropriate avenue, she says, because it pertains to business equipment. “I used to run a bakery,” she says. “What if I took all my bakery carts and set them out on the sidewalks [all over the city]? Realistically, it is that kind of a practice. It’s not the same as, say, a taxi business, where you’re going to take your taxis back to your garage” when they aren’t in use, she says.

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I asked SDOT and the mayor’s office several times if a citizen complaint had influenced SDOT’s decision to delay the bikeshare program and  go forward with a full environmental review.  SDOT repeatedly denied there was any such complaint, saying that the city undertook the analysis in response to the results of two surveys (one by EMC Research conducted back in February, the other an unscientific online poll) and the gist of negative feedback from the public. “After continued conversations and community engagement around these concerns, the Department [moved] forward with SEPA in an effort to launch a formal program that not only enhances mobility, but also considers environmental impacts,” Hobson wrote. “I don’t know of any formal complaints.” Later, Hobson added that “the impetus for the SEPA review” was “the final evaluation that included the comments and concerns of community groups about safety.”

That final evaluation, which came out in August, is here. The complaints listed in the evaluation are mostly about bikes being left in places where they don’t belong, as well as the fact that many riders don’t wear helmets—not exactly the type of environmental impacts that the State Environmental Policy Act checklist is intended to address. The checklist, which is standard for all projects, includes questions about the impact a proposed project or development might have on erosion, air and water quality, native plants and animals, shorelines, and environmental health.

On Tuesday, I asked SDOT representatives again whether Campbell’s request was the reason, or a reason, for their decision to do a SEPA analysis. Initially, Hobson responded that this was “the first [she had] heard of” Campbell’s letter and request for SEPA analysis. Later, I heard back from another SDOT spokeswoman, Dawn Schellenberg, who said in an email, “After hearing some concerns, including written correspondence from Elizabeth Campbell … and wanting to do our due diligence, the department decided to complete a SEPA analysis and confirm there were no items of significance we needed to address.”

Conceivably, the city could have decided to do a full SEPA review back in August based solely on survey results and subsequent “concerns” expressed by many citizens, incidentally including Campbell. It’s also possible that there were other specific requests for a SEPA analysis. (I have a records request in to the mayor’s office and SDOT for all communications from the public that contain negative feedback on the program).

But it’s worth noting that Campbell isn’t just any random citizen: She’s a perennial thorn in the city’s side. Over the years, Campbell has filed many complaints against the city, including several that are still working their way through the legal process. For example, the city hearing examiner is currently considering complaints filed by Campbell about a tiny house village on Port of Seattle-owned property in Interbay and a proposal to build affordable housing at the Fort Lawton site near Discovery Park in Magnolia. Campbell, in other words, has been very effective in the past at delaying and deterring projects. This fact alone could give her complaints more weight at the city, which does not typically do full environmental reviews for projects with minimal impact on the natural or built environment, like the addition of a few thousand bikes throughout the city.

The SEPA review concluded with a determination of nonsignificance (DNS), meaning that expanding bikeshare has no significant negative environmental impact. Campbell, who says she was not aware that the city had decided to do a SEPA analysis, says she was disappointed to learn that the window for appealing the DNS closed on October 18; had she known, she says, she might have appealed. “They did a quick and dirty and they didn’t really address the things that I was talking about, which is that [the bikes] are disruptive,” Campbell says.

She says she’s still deciding whether to find another avenue to appeal the bikesharing program. “I’m kind of not known for letting things go,” she says.

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.

Homeless Service Opponents Seek Homeless Service Funding from City

Poring through a pile of requests for funding by homeless services providers under the new Pathways Home criteria for funding (more about that here), I came across this application (and associated budget proposal) from Safe and Affordable Seattle, a group headed up by Elizabeth Campbell (a Magnolia homeowner and pro-viaduct activist who opposes low-income housing near Discovery Park) and Gretchen Taylor (a Magnolia homeowner and neighborhood activist who co-founded the Neighborhood Safety Alliance, argues that homeless people just want to take advantage of the system, and went to this event.) In its previous incarnation, Safe and Affordable Seattle was a group, also headed up by Campbell, that filed papers with the Seattle Ethics and Elections Commission to oppose a levy for homeless services that never happened. The group/Campbell now runs a website dedicated to banning homeless encampments and pursuing “s legal actions against the City and its elected officials who have failed in their very basic duties to keep all Seattlelites safe.”

SAS asked for $264,000 in city funding (including $175,000 for “consultant services”) to produce [sic throughout] a “book and video documentary about the past and present history of 1) homeless individuals and populations in Seattle, the society and culture of homeless-ness, and associated counter cultures or societies associated thereto, 2) solutions and providers organization and local personalitiies that work with homeless people or homeless related matters, 3) City of Seattle policies, programs, and activities related to homeless people or homeless related matters; all between the years 2007 to 2018.”

I’m stunned, of course, that this completely sincere and totally professional application for public funding did not receive the due consideration it deserved from the city. Perhaps Campbell and Taylor can dip into their own funds to produce a “book” on homeless “personalitiies” and “sub cultures” themselves.

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