Morning Crank: “Madame Chair, I Agree With You Completely.”

1. After a two-and-a-half hour meeting Wednesday night, city council member Kshama Sawant cast the lone vote for her own resolution to send interim Human Services Department Jason Johnson’s nomination as HSD director back to the mayor’s office. However, since no one on the human services committee, which Sawant chairs, voted “no,” the resolution will move forward to the full council.

Sawant’s resolution calls for a formal search process by a search committee that includes nonprofit human service providers, people experiencing homelessness, and HSD employees. The resolution does not explicitly express opposition to Johnson or make the case that he is unqualified for the job. However, Sawant—who is up for reelection this year—has made little effort to hide the fact that she is not a fan of the interim director, who took over after former director Catherine Lester resigned almost a year ago, and many of the people who showed up to testify last night expressed their explicit opposition to his appointment.

Prior to last night’s meeting, as she did prior to a last-minute public hearing on Johnson’s appointment in January, Sawant sent out a “Pack City Hall!” rally notice, urging her supporters to show up and “Hold Mayor Durkan accountable to the community and Human Services workers!” Perhaps as a result, the overwhelming majority of the testimony was in favor of Sawant’s resolution.

(In a somewhat novel twist, a few of the speakers opposing Johnson did so because they felt he was too supportive of groups like the Low-Income Housing Institute and SHARE, whose members also showed up to oppose Johnson’s appointment, but for completely different reasons; one of these speakers called Johnson “incompetent,” and another blamed the city for “an extremely drunk woman” he said had been “terrorizing Magnolia.”)

In addition to inviting her supporters to show up and testify, Sawant took the highly unusual step of inviting eight people who supported her resolution  to sit with the council at the committee table as they deliberated and took a vote. This setup gave the advocates an opportunity to echo Sawant’s statements and respond whenever council members Bruce Harrell or Lisa Herbold said anything contrary to Sawant’s position. (A quote from one advocate that paraphrases many others made around the table over the course of the meeting: “Madame Chair, I agree with you completely.”)  The result was an atmosphere in council chambers even more circus-like than most Sawant rally/hearings, with Harrell, in particular, barely able to disguise his frustration when advocates at the table talked over him (“I feel like I have to raise my hand here,” he said) or accused him of being “afraid” of doing a national search.

The advocates, including representatives from the homeless advocacy group SHARE, the Human Services Department,  the Seattle Indian Center, and the Seattle Human Services Coalition, argued that the council should open up the nomination process and, in the words of Tia Jones with the Seattle Silence Breakers, “just make [Johnson] apply—post it on the site and make him apply like everybody else.”

Herbold and Harrell responded that if the process for appointing Johnson was inadequate, the appropriate thing to do would be to revisit the process after Johnson’s nomination moves forward, given that the nomination took place legitimately under rules the council established in 2007. “Those are the rules that we all agreed to,” Herbold said. “I’m appreciative of the idea that the status quo isn’t acceptable.” But, she added, “I’m inclined to consider the individual when we have an individual before us,” and to make that process transparent and accountable, rather than rejecting Johnson’s nomination out of hand. “I feel like sending [the nomination] back is making it about the person,” Herbold said.

Sawant countered that the rules delineating the council’s role in considering mayoral appointments have to be a “living body, meaning, when we hear from hundreds of people, we can’t tell them, ‘These are the rules, so we can’t do what you’re asking us to do.’ … Clearly, we’re hearing loud and clear from people that they want to do something different. How can we ignore that?”

In a final bit of political theater, Sawant opened up the question of whether she should call for a vote on her own resolution to the audience, most of whom had already spoken in favor of the resolution. “All here who are not on council or staff, do you think we should vote for this resolution?” Sawant said. Herbold pointed out that she had received many letters from people who support Johnson and want to move the process forward. “Where are they?” shouted someone in the crowd—suggesting, it seemed, that either Herbold was making up the emails or that the people who showed up in person should count more than the people who wrote emails or called their council members on the phone.

Sawant addressed her supporters again: “Should I call this for a vote? I’m asking members of the public because that’s who I’m accountable to.” After a chorus of “Ayes” from the audience, Sawant called the vote. It passed by a vote of 1, with both Harrell and Herbold abstaining.

The resolution now moves on to the full council, where it faces long odds.

2. Steve Daschle, with the Human Services Coalition, said that the thing he found most “irksome” about Durkan’s human services approach was that she still has not met with the coalition after more than a year in office. “In the 30 years I’ve been involved in the Human Services Coalition, this is the first mayor who has not met with the coalition in a full year and two months of her term, and we think it’s imperative that the chief executive of the city take the time to come and talk to one of the key constituencies that would help shape that decision, and it wasn’t done,” Daschle said.

3. In City Council news, two more candidates entered the race for District 4, the seat currently held by Rob Johnson: Abel Pacheco, a STEM education advocate who sought the same seat in 2015 and received 8.4 percent of the vote, and Cathy Tuttle, the founder of Seattle Neighborhood Greenways. Pacheco sent out an announcement that he was running Tuesday; Tuttle confirmed that she was running to The C Is for Crank yesterday afternoon.

Also, as I noted on Twitter Monday, nonprofit director Beto Yarce, who was one of the first candidates to challenge Sawant in District 3 (Capitol Hill, the Central District, Montlake), has dropped out of the race. Yarce drew criticism early on for the fact that he and his partner live in Mill Creek, not Seattle. Yarce said he and his partner, who owns a house in the Snohomish County suburb, were planning to move to Capitol Hill; during his campaign, Yarce was renting a space in the neighborhood from a friend on a short-term basis, his campaign consultant confirmed.

4. The city has finally hired a consultant to conduct outreach on a proposal to make the building that houses the Showbox nightclub a permanent part of the Pike Place Market Historical District. (The city council adopted “emergency” legislation making the Showbox a temporary part of the market last year, in order to prevent the property, which was recently upzoned to allow very dense housing, from being developed as apartments. In response, the owner of the building sued the city). The consultant, Stepherson and Associates, has also done outreach work for the city on the First Hill Streetcar, the downtown seawall replacement project, and the Move Seattle levy. Because the contract is for less than $305,000 and Stepherson and Associates is on the city’s consultant roster, the contract did not have to be bid through an open process.

The city’s schedule calls for all of the outreach work on the Showbox proposal, as well as a full environmental review under the State Environmental Policy Act, to be done by March, with a council vote this June. As I noted when I reported on the search for a contractor in January, that’s a remarkably quick timeline for an expansion of the Market, at least by historical standards:

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.

AEG Live, which owns the Showbox, is free to close or relocate the venue when its current lease runs out in 2021; the question at hand is whether the building itself is historic, and whether the city can require that it remain a live-music venue in perpetuity.

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Morning Crank: Streetcar Questioned, Sawant Challenged, and Fort Lawton Moves Forward

1. Ever since Mayor Jenny Durkan announced she was moving forward with the stalled First Avenue streetcar last month, supporters and skeptics have been honing their arguments. Fans of the project, which a recent report costed out at $286 million, say it will create a critical link between two disconnected streetcars that each stop on the outskirts of downtown, boosting ridership dramatically while traveling swiftly in its own dedicated right-of-way; skeptics point to a $65 million funding gap, the need for ongoing operating subsidies from the city, and past ridership numbers that have been consistently optimistic.

Today, council members on both sides of the streetcar divide got their first chance to respond publicly to the latest numbers, and to question Seattle Department of Transportation and budget staffers about the viability of the project.  I covered some of the basic issues and streetcar background in this FAQ; here are several additional questions council members raised on Tuesday.

Q: Has the city secured the $75 million in federal funding it needs to build the streetcar?

A: No; the Federal Transit Administration has allocated $50 million to the project through its Small Starts grant process (the next best thing to a signed agreement), and the city has not yet secured the additional $25 million.

Q: Will the fact that the new downtown streetcar will parallel an existing light rail line two blocks to the east be good or bad for ridership? (Herbold implied that the two lines might be redundant, and Sally Bagshaw noted that “if I was at Westlake and I wanted to get to Broadway, I would jump on light rail, not the streetcar.” Rob Johnson countered that “redundancy in the transportation system is a good thing,” and suggested the two lines could have “network effects” as people transferred from one to the other.)

A: This is a critical question, because the city’s ridership projections for the two existing streetcar lines were consistently optimistic. (Ridership is important because riders are what justify the cost of a project, and because the more people ride the streetcar, the less the city will have to subsidize its operations budget). The city’s answer, basically, is that it’s hard to say. Lines that are too redundant can compete with each other; on the other hand, the existence of multiple north-south bus lines throughout downtown has probably helped ridership on light rail, and vice versa. SDOT’s Karen Melanson said the city took the existence of light rail (including future light rail lines) into account when coming up with its ridership projections, which predict about 18,000 rides a day on the combined streetcar route, or about 5.7 million rides a year.

Q. Can the city afford to operate the streetcar, especially when subsidies from other transit agencies run out? King County Metro has been paying the city $1.5 million a year to help operate the existing streetcars, and Sound Transit has kicked in another $5 million a year. Those subsidies are set to end in 2019 and 2023, respectively. If both funding sources do dry up (city budget director Ben Noble said yesterday that the city could make a case for the Metro funding to continue), the city will have to find some other source that funding as part of an ongoing operating subsidy of between $18 million and $19 million a year.

A: It’s unclear exactly where the additional funding for ongoing streetcar operating costs would come from; options include the commercial parking tax and street use fees. Streetcar supporters cautioned against thinking of the ongoing city contribution as a “subsidy.” Instead, Johnson said, council members should think of it as “an investment in infrastructure that our citizens support,” much like funding for King County Metro through the city’s  Transportation Benefit District—or, as O’Brien chimed in, roads. “Roads are heavily subsidized,” O’Brien said. “When we talk about roads, we don’t talk about farebox recovery, because we don’t have a farebox.”

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2. In response to reporting by Kevin Schofield at SCC Insight, which revealed that the Socialist Alternative party decides how District 3 Seattle City Council member Kshama Sawant will vote and makes all the hiring and firing decisions for her council office, an anonymous person has filed an ethics complaint against Sawant at the Seattle Ethics and Elections Commission.

The complaint, signed, “District 3 Resident,” charges that Sawant:

• Violated her obligation to represent her constituents by allowing Socialist Alternative to determine her actions on the council;

• Misused her position as a council member by allowing SA to make employment decisions for her council office;

• Improperly “assisted”  SA in matters involving her office by allowing them to determine her council votes;

• Accepted gifts in exchange for giving SA special access and “consideration,” including extensive travel on the party’s dime; and

• Either disclosed or withheld public information by discussing personnel matters on private email accounts, depending on whether that information turns out to have been disclosable (in which case, the complaint charges, she withheld it from the public by using a private account) or confidential (in which case Sawant violated the law by showing confidential information to outside parties, namely the SA members who, according to SCC Insight’s reporting, decide who she hires and fires.)

“Sawant is not independent, not impartial, and not responsible to her constituents,” the complaint concludes. “Her decisions are not made through the proper channels, and due to her actions, the public does not have confidence in the integrity of its government.”

It’s unclear when the ethics commission will take up the complaint, which was filed on January 8. The agenda for their committee meeting tomorrow, which includes a discussion of the rule requiring candidates who participate in the “democracy voucher” public-financing program to participate in at least one debate to which every candidate is invited, does not include any discussion of the complaint against Sawant.

According to the Seattle Ethics and Elections website, “Seattle’s Ethics Code is a statement of our shared values — integrity, impartiality, independence, transparency. It is our pledge to the people of Seattle that our only allegiance is to them when we conduct City business.”

3. On Monday, the city’s Office of Housing published a draft of the redevelopment plan for Fort Lawton, a decommissioned Army base next to Discovery Park in Magnolia, moving the long-delayed project one step closer to completion. For years, the project, which will include about 200 units of affordable housing, has stagnated, stymied first by a lawsuit, from Magnolia activist Elizabeth Campbell, and then by the recession. In 2017, when the latest version of the plan started moving forward, I called the debate over Fort Lawton “a tipping point in Seattle’s affordable housing crisis,” predicting, perhaps optimistically, that Seattle residents, including Fort Lawton’s neighbors in Magnolia, were more likely to support the project than oppose it, in part because the scale of the housing crisis had grown so immensely in the last ten years.

The plan is far more modest than the lengthy debate might lead you to expect—85 studio apartments for homeless seniors, including veterans, at a total cost of $28.3 million; 100 one-, two-, and three-bedroom apartments for people making up to 60 percent of the Seattle median income, at a cost of $40.2 million; and 52 row homes and townhouses for purchase, at a total cost of $18.4 million. Overall, about $21.5 million of the total cost would come from the city. Construction would start, if all goes according to the latest schedule, in 2021, with the first apartments opening in 2026—exactly 20 years, coincidentally, after the city council adopted legislation designating the city of Seattle as the local redevelopment authority for the property.

Tempers Fray Over Human Services Director Nomination

City council member Kshama Sawant has proposed delaying the appointment of a permanent director for the city’s Human Services Department until “a formal search process can be completed,” according to the text of a resolution Sawant plans to introduce next week. HSD has been operating without a permanent director for nearly a year, since Catherine Lester, the director under former mayor Ed Murray, left in March. Last month, Durkan formally nominated interim director Jason Johnson, who previously served as deputy director, for the permanent position. Sawant has not scheduled a hearing on the nomination, which is supposed to go through her Human Services, Equitable Development, and Renters’ Rights committee.* Sawant has only held one regular meeting of her committee, which is supposed to meet on the second and fourth Tuesdays of every month, since last July,

Several groups, and at least three council members, have formally expressed misgivings about the process that led to Johnson’s nomination. On January 15,  the Seattle Human Services Coalition—a group that includes the Seattle King County Coalition on Homelessness as well as groups that advocate for seniors, people of color, domestic-violence survivors, and people with disabilities—sent a letter to council members urging them “to return the nomination to Mayor Durkan and request a full search process that includes integral participation of human service providers, program participants, HSD employees, and other public partners.” One week later, city council members Teresa Mosqueda and Lorena Gonzalez sent their own letter to Durkan, suggesting that the HSD appointment should go through to the same kind of public process as the nominations of Seattle City Light director Debra Smith and Police Chief Carmen Best. And one day after that, members of the Human Services Department’s Change Team, which oversees HSD’s implementation of the city’s Race and Social Justice Initiative, wrote an email to council members saying that Seattle deputy mayor Shefali Ranganathan had told HSD staff that “there would be an inclusive process for the selection of the permanent director. … Instead, staff learned Mayor Durkan made the decision to directly appoint our interim director into a permanent position—foregoing an inclusive process that many believed would take place.”

“While the Mayor has had a thoughtful hiring process for each of her appointments, Councilmember Sawant  is refusing to move forward on confirming a qualified LGBTQ candidate who has a proven record, including over the last year as Interim Director. Jason has gone through the most exhaustive and exhausting process by actually doing his job. It’s time for Councilmember Sawant – who has been absent as chair of her committee – to do hers.”

In the middle of all this back and forth, on January 22, Sawant announced she would hold a special meeting of her committee to take public comment on the nomination  on the night of January 24, at the Miller Community Center on Capitol Hill. About 35 people spoke at the meeting—all but one opposed to either Johnson himself or to the process that led to his nomination.

No one else from the council came to at Sawant’s last-minute “listening session,” prompting Sawant to suggest that her colleagues had different “priorities” than she did. On Monday, she urged her colleagues to watch the video of the testimony, which she called proof that the community wanted a more inclusive nomination process.  Not only did Durkan “not even conduct a nominal process,” Sawant said Monday, she had ignored Sawant’s repeated requests for a meeting to discuss the nomination. “My office has been asking the mayor for [a discussion about the search process] and there was no response,” Sawant said. “Week after week after week there was no response, and then they just sent the nomination.”

The mayor’s office sharply disputes this characterization. Durkan spokesman Mark Prentice says Sawant never requested a meeting with the mayor or her office to discuss the nomination,  and has not attended any of her regularly scheduled monthly one-on-one meetings with the mayor in nearly a year.

“While the Mayor has had a thoughtful hiring process for each of her appointments, Councilmember Sawant, who fires and hires staff at the direction of an outside political committee, is refusing to move forward on confirming a qualified LGBTQ candidate who has a proven record, including over the last year as Interim Director,” Prentice said. “Jason has gone through the most exhaustive and exhausting process by actually doing his job. It’s time for Councilmember Sawant – who has been absent as chair of her committee – to do hers.”

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Last week, the mayor’s office sent two letters to council members defending Johnson’s the nomination. The first, addressed to Gonzalez and Mosqueda, thanked the council members for their letter and their “individual commitments to ensure Seattle is centered on equity, justice, and compassion in all our work.” The second, addressed to Sawant, castigated the council member for holding a public hearing on the nomination process “with no meaningful notice” and “without extending an opportunity to have Jason” attend and defend his record. “We look forward to you finally scheduling a meaningful hearing with Jason regarding his appointment as the permanent director of the Human Services Department in the coming weeks,” the letter concluded. In what is hard not to see as a deliberate slight, that letter was signed not by Durkan, but by her legislative liaison, Anthony Auriemma.

Sawant’s resolution, if passed with the blessing of a council majority, would effectively force the mayor to undertake a formal search process, led by a committee that includes HSD employees, for a new director. What’s unclear is how long such a process would take; at what point Sawant would consider the process sufficient to let the nomination move through her committee; and, importantly, whether a public, nationwide search would turn up a robust list of qualified candidates for a job that could be hard to fill. The HSD director implements the mayor’s priorities for funding human-services providers, oversees the controversial Navigation Teams, and is the conduit for public criticism of the city’s response to the homelessness crisis. Since 2014, the department has had four acting or interim directors, two of whom went on to become permanent  The director before Johnson, Catherine Lester, served as acting or interim director twice before her permanent appointment to the position.

* While director nominations typically go through the committee assigned to that subject area, the council has the authority to remove any legislation, including a nomination, from one committee and put it into another, although that would require extraordinary circumstances.

Sawant, Predicting $1 Million in PAC Spending Against Her, Won’t Participate in Democracy Voucher Program

At her reelection kickoff rally/press conference at Saba Ethiopian Restaurant in the Central District Thursday morning, District 3 city council incumbent Kshama Sawant said she will not participate in the city’s “democracy voucher” program, because its spending limits would make it impossible for her to compete against “corporate [political action committees] and Republican and Democratic establishment people” who want her out of office. Sawant has been in office for six years, including one full four-year term as the council member for District 3, which includes a swath of east-central Seattle between Montlake and the Central District, along with part of Beacon Hill.

“We’re going to have, definitely, more than half a million, probably a million [dollars] thrown at this race to try and defeat us,” Sawant predicted. “As long as corporate PACs and big business lobbyists and big developers don’t have a spending cap, working people need dollars to fuel their campaign, and we do that unapologetically.” Last time she ran, Sawant outspent her challenger, Pam Banks, by nearly $100,000; independent expenditures for Banks totaled about $40,000, while IEs for Sawant or against Banks came to about $27,000.

Democracy vouchers, adopted by voters as part of a package of election reforms in 2015, are supposed to serve two purposes: To level the playing field so that people don’t have to be rich or well-connected to run for office; and to give ordinary people a financial stake in local elections, by providing every Seattle voter with $100 to spend on the candidate or candidates of their choice. In 2017, when two council seats were on the ballot, five council candidates participated in the program, spending a total of almost $1 million. Two of those candidates, Jon Grant and Teresa Mosqueda (who was elected to council Position 8) repeatedly (and successfully) petitioned the city to raise the cap on contributions from $250 to $500. The city also released both candidates from the $300,000 total spending cap, making the first election under the new system one of the most expensive—at $818,000 between the two candidates—in recent Seattle history.

Candidates running for district seats face lower spending limits—$150,000 for the primary and the general combined—and the same $250 contribution limit. By opting out of the program, Sawant will be able to accept contributions of up to $500 and will face no total cap on spending.

Sawant’s claim that business PACs and “CEOs” will amass a million dollars to defeat her is impossible to prove until it happens, and recent history doesn’t provide an exact comparison. The last district elections, in 2015, occurred before the current spending limits and the advent of democracy vouchers, and the only election with democracy vouchers so far included only citywide candidates. But it’s noteworthy that in 2015, Sawant, as an incumbent, outspent all other candidates in her own and every other district—including candidates who actually were targeted by PACs that spent hundreds of thousands of dollars, like District 1 council member Lisa Herbold. The big PAC money that year was for Herbold opponent Shannon Braddock ($229,000),Position 9 candidate (and pre-districts council incumbent) Tim Burgess ($219,000), and District 4 victor Rob Johnson ($80,000)—not for or against Sawant. Two years later, both business and labor PACs maxed out at roughly similar levels. So there’s no precedent for the kind of PAC spending Sawant is predicting in any local council race—including her own most recent reelection bid.

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Although Squirrel Chops owner and Socialist Alternative party member Shirley Henderson—who hosted a rare in-district meet-and-greet with Sawant at her salon/coffee shop in the new Central apartment building at 23rd and Union last year—praised Sawant’s “accessibility” on Thursday, the council member has been criticized for focusing on issues outside her district and being unresponsive to constituents outside her political circle. Sawant characterized claims that she is unresponsive to people in her district as farcical. “I think there are going to be countless people in the district who would not only disagree with that assessment but who would find that patently untrue and, quite honestly, absurd,” she said. “If you look at just the day-to-day work that we do— first of all, we get dozens of phone calls every day, emails, and other forms of communication. People come in personally. People talk to me in grocery stores, coffee shops, just walking along the street, and we hear about their day-to-day situations related to parks or crosswalks or potholes or any other situation. … We work tirelessly to help address those issues.” (Anecdotally, as a reporter and a resident of District 3, I have heard complaints from Sawant’s constituents that her office is unresponsive to emails and requests for meetings; I have also seen emails to Sawant’s office complaining about her focus on issues specific to other parts of the city, like the “Save the Showbox” campaign.)

But, she added, the “overarching” issues in the district are the same ones that impact the entire city—”the lack of affordable housing [and] the fact that the entire character of our district and of our city is transforming, where ordinary working people and their families … are getting pushed out of the city because the rents have skyrocketed and the city is becoming a playground for the wealthy and corporate developers.” Say what you will about Sawant, but she’s always on brand.

As Council Moves to Protect Mobile Home Park, It’s Important to Remember How We Got Here

Next week, the city council is expected to adopt an emergency one-year moratorium on development at the Halcyon Mobile Home Park in North Seattle, to prevent developers from buying the property while the council crafts legislation to preserve the park in perpetuity. That future legislation, which will be developed in council member Rob Johnson’s land use committee, would most likely create a new zoning designation allowing only mobile or manufactured homes on the two properties, similar to a law Portland adopted last year.

If this is the first you’re hearing about the plight of the Halcyon Mobile Home Park,  you’re not alone. Although the park, which houses dozens of low-income seniors and their families, has been on the market since last June, it recently caught the attention of council member Kshama Sawant, who called a special meeting of her human services and renters’ rights committee last Friday afternoon to discuss her emergency legislation, which she said was necessary to prevent “US Bank, a big financial institution that does not care about ordinary people, [from] selling the property to a corporate developer called Blue Fern.”

Urging Halcyon’s elderly residents to write to the council and turn out in force for public comment at the full council meeting on Tuesday afternoon, Sawant did not mince words. “It’s important to remind the council that if they don’t act on this, they will be kicking Grandma out, and that’s going to be on their conscience, so we need to make sure that they understand what political price they have to pay for it,” Sawant said.

“It’s important to remind the council that if they don’t act on this, they will be kicking Grandma out, and that’s going to be on their conscience, so we need to make sure that they understand what political price they have to pay for it.” —Council member Kshama Sawant, urging residents of the Halcyon Mobile Home Park to write the council

The sudden “emergency” was news to  council member Debora Juarez, who said she couldn’t attend Sawant’s special committee meeting on Friday due to a prior commitment. (Sawant’s committee ordinarily meets on the second and fourth Tuesdays of every month, although it has only met once since last July.) On Tuesday, after Sawant repeated her claim that “the developer, Blue Fern, could vest literally any day now,” Juarez took the mic to “correct the record.”

Among those corrections: Blue Fern has not filed plans to develop the property. The property is not owned by US Bank. And no development plans are in the offing.

It’s true that the property, which was owned by one family but is now part of a trust, of which the University of Washington is a beneficiary, is on the market—with US Bank as the trustee and Kidder Matthews as the broker—but Blue Fern, after inquiring about the preapplication process last October and attending a meeting with the city in December, has decided they do not plan to move forward with the proposal. According to a spokesman for Blue Fern, Benjamin Paulus, “Neither Blue Fern Development, LLC or its affiliated companies are under contract to purchase this property.”

The sudden panic—the last-minute committee meeting, the declaration of emergency, the chartered bus that ferried Halcyon residents and supporters to today’s council meeting—was, in other words, at least partly based on misinformation. Confronted by her colleagues about this, Sawant said the specific details didn’t matter, because “it is only a matter of time before another corporate developer comes along and decides to buy this property, so the residents haven’t been misled.”

Every individual decision to “save” a property, however justifiable in isolation, puts off until another day a discussion we’ve been avoiding since well before the current building boom. Imagine if the city had reexamined  single-family zoning and adopted mandatory affordable housing laws 20 years ago, back when the council was busy arguing over every dilapidated apartment building being torn down in South Lake Union. Maybe we would have built thousands of units of affordable housing, and the “luxury” apartments of that era would be affordable to middle-income renters today. Maybe residents of Halcyon Mobile Home Park, and other naturally-occurring affordable housing, wouldn’t feel so desperate at the prospect of moving elsewhere if we had built somewhere else for them to go.

Many of the residents themselves—one of whom fell down during yesterday’s council meeting, causing a brief hush in the room —appeared to believe, as late as yesterday afternoon, that they were at imminent risk of losing their homes. Several residents choked back tears as they testified, saying they were terrified about becoming homeless. These are real, legitimate fears—of nine mobile home parks that existed in Seattle in 1990, when the city council passed a series of similar development moratoria,  just two remain—but it’s hard to see how stoking them, by suggesting that the bulldozers are practically at the gate, serves the interests of vulnerable low-income seniors.

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Mobile homes are naturally occurring affordable housing, and developing them into other kinds of housing—in this case, townhouses or apartments—creates a very literal kind of physical displacement. It’s understandable that the city council, faced with the prospect of tossing dozens of senior citizens out of their homes, would do everything in their power to prevent that from happening, including creating special new zones that protect mobile home parks in perpetuity.

But there’s a larger question such parcel-by-parcel anti-displacement efforts elide: Why are apartments still illegal almost everywhere in Seattle?  Every time the city decides to preserve one apartment building, or one mobile home park, without asking about the opportunity cost of that decision, they are putting off a crucial conversation about Seattle’s housing shortage, and how to solve it. Every time the city walls off another block from development—whether it’s the Showbox, which also got the “emergency moratorium” treatment, or a mobile home park for low-income seniors—without addressing the astonishing reality that two-thirds of Seattle is zoned exclusively for suburban-style detached single-family houses, they are making a deliberate decision that this same thing will happen again.

None of these choices happen in a vacuum. Every individual decision to “save” a property, however justifiable in isolation, puts off until another day a discussion we’ve been avoiding since well before the current building boom. Imagine if the city had reformed single-family zoning and adopted mandatory affordable housing laws 20 years ago, back when the council and anti-displacement advocates were busy litigating the fate of every dilapidated apartment building being torn down in South Lake Union. Maybe we would have built thousands of units of affordable housing, and the “luxury” apartments of that era would be affordable to middle-income renters today. Maybe the residents of Halcyon Mobile Home Park, and other naturally-occurring affordable housing, wouldn’t feel so desperate at the prospect of moving elsewhere, if we had built somewhere else for them to go.

Durkan’s Public Disclosure Practices Raise Concerns About Transparency

I highly recommend reading Lewis Kamb’s story in the Seattle Times this weekend, about how Mayor Jenny Durkan’s staffers used private Gmail accounts to craft a deal to overturn the employee hours tax, and then failed to disclose those emails in response to a Times records request.  As Kamb reports, the emails came to light as part of a lawsuit by open government activists seeking to prove that Durkan’s office and the city council tried to subvert the state’s Open Public Meetings Act by “secretly predetermining the outcome of the June 12 repeal vote,” as Kamb put it, which overturned a tax that Durkan had previously supported (after private conversations with Amazon and other business leaders who apparently assured the mayor they would not oppose the tax).

The revelations are alarming not only because they reveal Durkan’s propensity for doing city business in private (her office contends that the Gmail conversations about the council’s upcoming vote on the tax were “private political discussions,” according to Kamb, and provided them with the Gmail records as a “courtesy”), but because it took a lawsuit to make the emails sent from private accounts public. (The Times received a separate cache of emails that the mayor’s office initially withheld after the Times appealed the closure of the request, “believing not all responsive records had been turned over,” according to Kamb’s story). In other words: The mayor’s office closed the Times‘ records request without releasing many of the records that they should have provided. They only provided some of those records after the Times appealed. And they handed over the remainder of the documents—the ones sent from private Gmail accounts—in response to a lawsuit by a third party.

I had a similar experience with the mayor’s office recently, one that—while it didn’t directly involve emails sent from staffers’ personal accounts—did raise similar, troubling questions about the Durkan administration’s commitment to public disclosure and transparency. Back in August, I filed a request seeking all emails from the mayor’s communications staff that included sample social media posts—pre-written Facebook posts and tweets that supporters are supposed to cut and paste and present as their own—about a list of 19 specific events. I also asked for a list of every bcc’d recipient for these emails, as well as any emails sent from mayoral staffers’ personal accounts.

The mayor’s office responded, on October 12, by sending me multiple copies of a single document, sent from mayoral spokesman Mark Prentice’s official government account to about 200 people: An email offering sample social media posts supporting the creation of the mayor’s Innovation Advisory Council. Mayoral public disclosure officer Stacy Irwin then closed my request, without providing a single document about the other 18 events I had listed. The fact that the mayor’s office only provided emails for one event on the list I provided would have raised eyebrows on its own, but I also happened to already have copies of some of the emails I requested,  so I knew they hadn’t fulfilled my request. That same day, I requested the rest of the documents. For ten days, I got no response. On October 22, I emailed again, and finally heard back from Prentice that night. “I’m working on rounding up my emails and sending to you as attachments if that works – I can get those to you by the end of the week,” he wrote. The next day, I asked Prentice again for an explanation of why the mayor’s office had closed my request, but I never got a response. On November 5, I  emailed Prentice, his boss, Stephanie Formas, deputy mayors Shefali Ranganathan and Mike Fong, and Irwin, the following:

After several weeks of asking (documented in my previous email to you, from last week) I STILL have not heard back on why my request was shut down with only some relevant records provided. …The reason I consider this total lack of response from the mayor’s office serious is that closing a request without explanation—and without providing all the responsive records—is a potential violation of state public records law. It’s not just the principle of the thing; it’s the thing (complying with the law) itself.

A series of back-and-forth emails followed, in which the mayor’s office said repeatedly that it was working to provide the documents I requested (my request was never, to my knowledge, formally reopened), and blamed “some confusion on the email accounts that I searched in order to fulfill your request” for the fact that I only got records about one of the 19 events. But when the rest of the documents did come through, it turned out that most of them originated from the same email as the first batch—Prentice’s official government address—which makes this explanation (that they hadn’t searched the right accounts) dubious. I asked several more times, via phone and email, for an explanation. To date, I still have not received one. Note: At Prentice’s request, I have redacted his and Formas’ gmail addresses and Prentice’s phone number from the documents. I removed this information, which is public (and disclosable), as a courtesy.

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Kamb’s story made me realize that I wasn’t the first reporter who had been stonewalled by the mayor’s office on a records request (although his, which concerned private negotiations about a matter of huge public interest, was obviously of more import than the mayor’s social media strategy.) It also made me wonder if, in addition to withholding records that were indisputably public, the mayor’s office had initially withheld any private emails from me. In 26 pages of emails the office eventually provided me last month, there was one such email—sent from Prentice’s Gmail and forwarded to his official account, apparently for record-keeping purposes. However, it’s impossible to know whether more such private emails exist. All I can say for certain is that the mayor’s office didn’t provide any.

This is true in general, too: I have no way of knowing if the mayor’s office actually provided all the outgoing emails that I requested, including the ones from official addresses. (I do know that they did not provide the bcc lists I requested for the emails they did send, because none of the additional emails includes any information about who they went out to. To that extent, at least, the mayor’s office still has not fulfilled my request.) This is a problem that extends beyond me, and beyond this specific request. I happened to already have some of the emails I should have been provided at the very beginning, which is how I knew the mayor’s office had closed my request without handing over what I asked for. What if I hadn’t? What if I had just accepted that the one email they provided, along with the list of recipients, was the only document that was responsive to my request? What if I had been an ordinary citizen rather than a reporter with decades of experience filing public disclosure requests? What if I had had every resource, including a team of attorneys and supportive editors, and the mayor’s office just didn’t hand them over? That’s the situation the Times was in, and, in a way, still is. Durkan’s office has admitted no wrongdoing in their initial refusal to provide all the records Kamb requested, and still say that they provided the latest batch as a “courtesy,” not an obligation. This should concern anyone invested in transparency in local government, which is to say, everyone.

Mayoral staffers’ use of private emails is just a small part of the broader issues I described above, but it’s worth noting that mayoral staffers are hardly the only city employees doing city-related business with private email accounts.  As I have reported, city council member Kshama Sawant and her staff routinely use private Gmail accounts (both custom “[firstname]atcouncil@gmail.com” accounts and their own personal emails) to conduct city business, such as the recent “Save the Showbox” legislation. Because city public disclosure officers can’t access city employees’ private email accounts directly, any disclosure of private emails happens, essentially, on the honor system. It doesn’t require any particular paranoia to believe that public officials sometimes use private emails (or Facebook messages, or encrypted, message-erasing apps like Signal) to skirt disclosure laws. All you have to do is look back to the time when elected officials in Seattle first started to use text messages, but never turned them over in response to records requests, citing the technological difficulty of finding messages they had deleted. Or, for that matter, to the existing practices of the current mayor’s office.

“F the Showbox!” Emails Reveal District 3 Discontent With Sawant’s Club Crusade

Although crowds of music fans showed up to cheer city council member Kshama Sawant’s efforts to “Save the Showbox” earlier this year, emails obtained through a public disclosure request reveal that many of Sawant’s District 3 constituents and longtime supporters were baffled by or outright opposed her decision to prioritize a downtown club owned by a billionaire Republican over other pressing needs, including affordable housing and promoting small, minority-owned businesses in her own district. Sawant, whose district includes the Central District, Capitol Hill, Montlake, and part of Beacon Hill, is up for reelection next year.

Back in October, Sawant led a successful effort to “Save the Showbox” by adding the Showbox to the Pike Place Market Historical District, preventing the development of a planned 44-story apartment building on the property. (The Showbox, which is owned by the Anschutz Entertainment Group, is a tenant; AEG’s lease expires in 2021.) The move sparked an immediate lawsuit by the owners of the property, who argued that the legislation represents an illegal spot downzone of prime real estate that the council has already upzoned twice specifically to encourage residential development on First Avenue.

In the weeks leading up to the September vote, Sawant gave the Showbox the full Sawant treatment, with hundreds of red-and-white posters, multiple City Hall rallies, a sizeable ($1,325) ad buy in the Stranger, and even a concert on the plaza outside City Hall, held to coincide with the council’s vote inside. But as music fans and Showbox employees signed petitions and testified in favor of the legislation, some of Sawant’s constituents wondered why she was spending so much time and political capital “saving” a club that wasn’t even in her district. “I’m not interested in saving the showbox,” one District 3 constituent wrote. “I’m interested in building affordable housing. We/You are burning political capital on a fight we should not be in.”

What’s interesting about the emails, which came in response to two email blasts urging Sawant’s supporters to show up for an “organizing meeting” on September 11 and a “FREE CONCERT & Public Hearing” on the 19th, is that most of them aren’t from diehard Sawant opponents, but from people who say they support Sawant but oppose her single-minded focus on the Showbox.

“We’re spending a lot of energy and political capital on one building. It won’t create more housing or prevent people from being driven out of Seattle,” another District 3 resident wrote. “It won’t reduce Seattle’s climate impact. It won’t help our problems with homelessness, congestions or anything else. We could be spending this energy on the Mercer Megablock, but we’re not. How much staff time is being spent on this rather than more pressing issues?”

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Another District 3 resident wrote: “I’m a big fan of yours, but this is such a waste of time and energy. …  The city will be fine without the showbox- it won’t be fine without lots and lots of serious investment in housing.” And another, which I’ve taken out of all-caps: “You and your office team are failing to help black folks in the Central District!!!! Fuck the Showbox! You can count on one hand the persons of color who actually make a living by working for the Showbox! Save black and persons of color owned places in seattle too!!”

Caveat time. Emails from constituents represent the views of an unrepresentative sample of people motivated to write their council member. And Sawant, who won her last election with nearly 56 percent of the vote, hasn’t drawn an opponent yet. (Nor has she officially said whether she’s running for reelection.) However, it’s not hard to see Sawant’s focus on the Showbox emerging as a campaign issue, especially after a year in which the council’s lone socialist logged few major wins. The head tax is dead, Sawant’s lengthy speeches denouncing her colleagues for failing to support a series of hastily drafted affordable-housing proposals played to a mostly empty room, and the most noteworthy gains for low-paid workers—modest wage increases for social-service providers who contract with the city—were sponsored this year by council freshman Teresa Mosqueda, as part of a budget Sawant cast the lone vote against. None of this necessarily spells trouble for Sawant’s reelection chances. But it does suggest that she’ll have to do more than hold cheering sessions for citywide causes like the Showbox to rally the troops who actually matter—the 92,000-plus residents of her own council district.

After Acrimony and Battles, Council Passes Mayor’s Budget Mostly Intact

L-R: David Helde, Downtown Emergency Service Center; Teresa Mosqueda and Lorena Gonzalez, Seattle City Council

After a surprising amount of acrimony for a document that contained so little fiscal wiggle room, the city council adopted a 2019-2020 budget today that increases the size of the Human Services Department’s Navigation Team, grants modest wages to front-line human service workers, spends tens of millions of dollars on retroactive back pay for police who have been working without a contract since 2015, and funds projects in every council district.

The debate over this year’s budget—during much of which I was out of town—centered largely on a few million dollars in human services funding, including, in the last few days, funding for the Navigation Team, which removes homeless encampments and offers services to people displaced by their activities. After council member Teresa Mosqueda proposed using some of the funds Durkan earmarked for Navigation Team expansion to broaden a 2 percent “inflationary” pay increase for city-contracted human services providers to include all such workers (rather than only general fund-supported workers, as Durkan initially proposed), Durkan denounced the move.

Describing the reduced expansion as a “cut” that would harm neighborhoods, Durkan’s office claimed that the new positions that she had proposed in her budget had already been filled and that reducing the amount of new funds would “cut” those critically needed jobs—a statement that local conservative media took as a cue to write largely inaccurate pieces claiming, for example, that Mosqueda was “slow[ing] tent cleanups with huge staff cut to Nav Team.” (Durkan also reportedly contacted council members to let them know that if they voted against the Navigation Team expansion, it would be on them to explain to their constituents why they had allowed crime to increase in their districts; all seven district council positions are on the ballot next year. UPDATE: Durkan’s office categorically denied that any such calls took place.) However, this turned out not to be the case; as a central staffer told the council in a followup memo, the positions have only been filled on a temporary or emergency basis. “These are all short term actions that are funded with the $500k [in one-time funding] from the County and would be discontinued” once the budget passes, the central staffer wrote.

No matter—despite all the drama, the council figured out a way to fund the full Navigation Team expansion and add one mental health counselor to the team while also giving service providers their 2 percent increase (which is actually below the local inflation rate). The money, a little less than $500,000 a year, came from eliminating the a business and occupation tax exemption for life sciences companies, which Mosqueda said has been dormant since 2017.

In a press conference between the morning’s budget meeting and the final adoption of the budget at 2pm, four council members, plus 43rd District state representative and former Downtown Emergency Service Center director Nicole Macri, joined several front-line human service workers and representatives from housing and human-service nonprofits at DESC’s offices in the basement of the Morrison Hotel homeless shelter.

David Helde, an assistant housing case manager at DESC,  said that since he started at the agency three years ago, every single person who worked in his position when he started had left the agency. Jobs at DESC start at just over $16 an hour, or slightly more than Seattle’s $15 minimum wage. “The rewards do not outweigh the benefits,” Helde said. Recalling a client with a traumatic brain injury who had short-term memory impairment but still remembered him when she returned to the shelter after a year away, Helde continued, “that is why the staff turnover is unacceptable—because it affects the quality of life for the most vulnerable people in this city.”

Council member Mike O’Brien, who has been raising the issue of human service worker pay for several years, said the city needed to figure out a way to “normalize” cost-of-living increases for employees at nonprofit human service agencies, in addition to city employees (and cops.) However, asked about how the city would ensure that (as Mosqueda put it) “we’re not back here every year,” O’Brien acknowledged that “the level of specificity is not extensive” about how to ensure future COLAs. “This is about expectation-setting,” O’Brien said. “In a budget where we have finite resources and we’re making tradeoffs, we have to figure out how we identify a three-, five-, ten-year [plan] to make changes” so that human-service workers can have not just sub-inflationary pay hikes, but living wages, in the future.

Although Durkan did (mostly) get what she wanted on the Navigation Team, the group will be required to submit quarterly reports showing progress on steps the city auditor outlined a year ago before the council will release funding for the coming quarter—a significant change that amplifies the council’s power over the team.

Other notable changes the council made to Durkan’s budget included:

• Additional funding for food banks, which will come from excess revenues from the city’s sweetened beverage tax. Council member O’Brien wanted to use some of the excess money from the tax—which Durkan had proposed using to replace general fund revenues that were paying for healthy-food programs, rather than increasing funding for those programs—to fund outreach programs, as a community advisory board had recommended. The budget puts a hold on the outreach spending, a total of about $270,000, but keeps it alive for future years; today, Juarez objected to this provision, arguing that  spending $270,000 promoting healthy food when the soda industry spent $22 million to pass the anti-soda-tax Initiative 1634 was tantamount to “wast[ing]” the money. “Why are we attempting to counter corporations prepared to spend millions of dollars on advertisements with a $250,000 campaign?” she asked.

• A total of $1.4 million for a supervised drug consumption site, which council member Rob Johnson—who sponsored the additional funding—said should be enough to allow the city to actually open a “fixed-mobile” site this year. Durkan’s initial budget simply held over $1.3 million in funding for a site that was not spent the previous year, with the expectation that no site would be opened this year.

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• About $100,000 for a new attorney to help low-income clients facing eviction. Council member Kshama Sawant had sought $600,000 for six more attorneys, but the rest of the council voted that down.

• An expansion of the city’s vacant building inspection program, which keeps tabs on vacant buildings that are slated for redevelopment to ensure that they aren’t taken over by squatters or allowed to fall into disrepair. The proposal, by council member Lisa Herbold (who proposed the original legislation creating the program last year) would ramp up monitoring and inspections of vacant buildings that have failed previous inspections, and would not take effect until next June. Council member Johnson continued to oppose Herbold’s proposal, on the grounds that it represented a sweeping and burdensome policy change that was inappropriate for the budget process; but council president Bruce Harrell reiterated his support for the plan, noting that the council would have time to hammer out the details next year before it took effect. “We’ll have, I think, ample time to work with the department [of Construction and Inspections, which sent a letter to council members last week raising concerns about the bill) to get their feedback,” Harrell said, and “if there has to be some tweaks there will be time to make tweaks.”

City Budget Office director Ben Noble sent a memo to council members today opposing the budget item, which Noble said would force the city’s Department of Construction and Inspections to expand the program too much, too fast. “As proposed, the enhanced program would likely be over 25 times the size of the current program,” Noble wrote, comparing the number of inspections last year—179—to a possible 5,000 inspections that would be required under the new program.  Noble said Herbold’s proposal did not reflect all the costs associated with increasing vacant building inspections so dramatically.

The budget put off the issue of long-term funding for additional affordable housing, which lost a major potential source of revenue when the council and mayor overturned the employee hours tax on businesses with more than $20 million in gross revenues earlier this year. Council member Sally Bagshaw has said that her priority in her final year on the council (she is not expected to run again next year) will be creating aregional funding plan to pay for thousands of units of new housing every year. Such a proposal might be modeled, she suggested recently, after a tax on very large businesses that was just approved by voters in San Francisco.

Budget dissident Kshama Sawant—who had earlier proposed numerous dead-on-arrival proposals to fund about $50 million in housing bonds by making cuts to various parts of the budget—delivered a 13-minute speech denouncing her colleagues for passing an “austerity budget” before voting against the whole thing. The room was noticeably subdued as Sawant quoted MLK and demonized Jeff Bezos—the red-shirted members of “the Movement,” whose efforts she cited repeatedly during her oration, were mostly absent, and instead of the usual applause, shouts, and cheers, Sawant spoke to a silent chamber.

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.

 

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

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

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

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

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

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

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

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

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

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

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