Tag: land use

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.

 

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

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

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

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

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

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

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

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

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

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

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

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

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

Emails Reveal Council Drafted Pro-Showbox Talking Points; City Lawyers Expressed Concerns About Landmark Status Based on “Popularity”

Emails obtained by the C Is for Crank reveal the extraordinary measures city council members and staff took to promote legislation that expanded the Pike Place Market Historical District to include the Showbox on First Avenue in downtown Seattle, scuttling a planned apartment building on the site and prompting a lawsuit claiming that the council violated numerous state and city laws when they voted to effectively downzone the Showbox property from 44 stories to two. The emails also reveal that the city attorney’s office advised the council against pursuing landmark status for the Showbox based on the “popularity” of the venue, and warned that making such a designation based on popular sentiment in favor of the Showbox, a tenant, could raise legal concerns about whether the decision was “arbitrary and capricious.”

Among other machinations, the emails reveal that the city council’s public information officer drafted talking points for Death Cab for Cutie singer Ben Gibbard, who testified in favor of the legislation in early August, based on comments he made to an NPR reporter about the Showbox the previous week. Gibbard was listed as one of the “advocates” for the legislation in an email from the spokeswoman, Dana Robinson Slote, suggesting actions council members could take to promote the legislation; the advocates were listed in contrast to the “‘pain point’ players” in the debate, which included Onni, the developer that planned to purchase the land and build a 440-unit apartment building; Seattle Department of Construction and Inspections director Nathan Torgelson; and Mayor Jenny Durkan.

In the email, Robinson Slote writes,

Ben— Thanks for your time by phone yesterday. As promised, below you’ll find suggested talking points for Monday’s Full Council meeting. In short, I summarized many of the themes from an interview you gave in June this year, which seems to fit well with the Resolution and Ordinance CM Sawant will introduce to #SaveTheShowbox

Also as discussed:

• I’ll plan to meet you on the first floor of the City Hall lobby approx. 1230p (Lyft can bring you to the 5th Ave entrance), and feel free to call if I can help guide you here.

• We’ll meet first with Sawant for fewer than 15:00; and,

• Then I’ll take you to O’Brien (Ballard, Fremont) and Herbold (West Seattle), followed by Citywide elected Gonzalez & Mosqueda (and the remaining Councilmembers Johnson, Juarez, Bagshaw and Harrell) as time allows. Public comment begins at 2:00 p.m., so we can decide in advance if you’d still like to speak (and sign you in) or watch from the Green Room. Thank you once again for sharing your time and talent on this important occasion and for this critical cause.   

Slote then lays out a full page of potential talking points, many of which focus on Gibbard’s experience growing into middle age in Seattle after moving here and falling in love with the city in the 1990s.

Kshama Sawant and  her staff used private gmail accounts, rather than their official city of Seattle email addresses, to discuss the Showbox legislation and the lobbying campaign to promote it, which was run out of Sawant’s office.

Robinson Slote says she did not give Gibbard special treatment during the Showbox debate, and points out that the “talking points” she wrote for Gibbard were based on his own previous comments. Gibbard ended up writing his own testimony, which differed significantly from the draft  Robinson Slote provided. However, the council’s solicitous treatment of Gibbard—which also included shepherding him from council member to council member and offering to host him in the council’s “green room,” away from the general public, during the council meeting—is not the standard treatment accorded to most members of the public, who must line up to speak, write their own testimony, and sit or stand in council chambers along with the rest of the general public.

Also unusual is the fact that legislation sponsor Kshama Sawant and her staff used private Gmail accounts, rather than their official city of Seattle email addresses, to discuss the Showbox legislation and the lobbying campaign to promote it, which was largely run out of Sawant’s office using city resources. It is standard practice for elected officials and public staffers to use their city email addresses to do public business, both because this practice just makes sense (all the other council members and staffers who are cc’d on the email use their public @seattle.gov addresses for all communications), and because private emails can more easily be withheld from public disclosure. If a journalist or member of the public requests email communications from an elected official or government staffer, it’s up to that staffer to volunteer their private emails for disclosure; the city’s public disclosure officers have no authority to go searching through people’s private email accounts. Additionally, public emails are archived by the city; private emails are not.  Sawant and her staffers’ email addresses all use the naming convention Firstnameatcouncil@gmail.com.

Seattle Ethics and Elections Commission director Wayne Barnett says the city’s ethics code is silent on the issue of whether city officials and employees are allowed to do city business using personal email addresses. The city IT department’s policy on use of city resources, however, does prohibit “The use of personally owned technology for conducting City business, where official City records are created but not maintained by the City.”

In another email, Sawant’s staff discusses the wording of a poster, ultimately produced by Sawant’s council office, urging the council to vote to “save the Showbox” by including it in the historic district. An early version of the poster included the suggestion to “Call in sick – go protest!”

The fact that Sawant and her staff, as well as Robinson Slote, were discussing how to influence the legislation could—if the inclusion of the Showbox in the historic district is deemed to be a spot downzone of the property—give the owners of the property important evidence in their case that the council and staffers engaged in illegal “ex parte” discussions and failed to remain impartial on a zoning decision.

In another exchange that could help the Showbox’s owners make the case that the council intervened improperly on a zoning decision, the city’s own attorney cautions against seeking landmark status for the Showbox based on the “popularity” of the venue. (The inclusion of the Showbox in the historic district is different from landmark status, but the emails demonstrate that the city’s attorneys cautioned against such a political approach to historic designation.) In an email dated July 31, assistant city attorney Bob Tobin told city council member Lisa Herbold that it would be “premature” for the city council to “take the position that the [Showbox] qualifies as a landmark, without first allowing the (expert) Board’s process to play out, and without applying the standards in the code, seems premature at best. From a legal perspective it is preferable for the Council to consider the designation decision in due course, pursuant to City ordinances. And certainly if a resolution is being considered, it shouldn’t suggest (as CM Sawant’s letter apparently did) that designation should be based upon popularity rather than the legal standards in the code, or that the City should apply the code to exert ‘leverage’ over the applicant. Those types of references invite legal challenges based upon the ‘arbitrary and capricious’ nature of the Council’s ultimate decision.” The Showbox owners’ lawsuit, of course, claims precisely that the council’s decision to include the property in the Pike Place Market Historical District was “out of step with the founding of the Pike Place Market redevelopment and is the definition of arbitrary and capricious.”

The city’s own attorneys advised the council against making the argument that the Showbox should be granted formal landmark status because of its “popularity” with the public: “And certainly if a resolution is being considered, it shouldn’t suggest (as CM Sawant’s letter apparently did) that designation should be based upon popularity rather than the legal standards in the code, or that the City should apply the code to exert ‘leverage’ over the applicant. Those types of references invite legal challenges based upon the ‘arbitrary and capricious’ nature of the Council’s ultimate decision.”

One day after sending the email to council member about landmark status, Tobin responded to an email from Sawant staffer Ted Virdone, who had posed several questions about what would happen if the city included the Showbox in the Pike Place Market Historical District, rather than seeking to make it a landmark on its own. Virdone’s questions are in italics.

Hi Ted. Here is a quick response to your questions below, in red.

  1. Is it possible to extend the boundary of the historical district to cover a property if the property owner objects? I believe the answer is yes, as owners typically can’t veto regulatory measures.
  2. If the Historical District is extended to cover this property, could it effect this development, or would the develop be vested in some way that would trump the procedures of the historical district? I believe that vesting of such a project would likely occur at the time that the Design Review process begins (SMC 23.76.026), and I doubt that process has begun. If the district were enlarged before the projects vests, then the applicant would be subject to historic district regulations, but that doesn’t necessarily mean that the Showbox would be preserved.
  3. Are there any other considerations we should be aware of? There likely are, but I would need more focus on your questions and goals. Bob

Five days later, Virdone’s boss, Sawant, introduced legislation to extend the Pike Place Market Historical District to include the Showbox and about a dozen other properties on the east side of First Avenue. After property owners ultimately objected, that legislation was scaled back to encompass (and effectively downzone) just the Showbox property. Less than a month after that, the owners of the Showbox sued the city, seeking $40 million in compensation for legislation that, they say, drastically devalued their property.

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The J Is for Judge: Save the Past, Jeopardize the Future

It turns out it wasn’t a NIMBY uprising in Seattle’s single-family neighborhoods that successfully blitzed new housing development in Seattle. Embraced by our supposedly progressive council and Mayor Jenny Durkan, a reactionary stand in the heart of downtown Seattle to save a two-story music venue, the Showbox, has set the precedent for successful self-centered obstructionism.

In 2017, the city council passed a series of six neighborhood upzones: five in densely populated commercial/residential Urban Centers  including downtown, South Lake Union, Chinatown International District, Uptown,  and the University District, and one in a  Residential Urban Village, 23rd & Union-Jackson, a less dense but still bustling multifamily combo residential/commercial zone. The unanimous council votes to upzone these multifamily, transit-rich neighborhoods were mostly embraced by neighborhood groups—most notably on 23rd, where community relations with the city had initially been tense.

The upzones, under a policy known as MHA (Mandatory Housing Affordability), tied new development to building affordable housing, trading increased density for affordable housing requirements; MHA has a goal of creating 6,000 affordable units in 10 years. Any developer that builds in these upzoned neighborhoods  has to either make a commensurate payment into a city affordable housing fund or build a corresponding amount of affordable housing on site.

What I didn’t expect was that a pro-housing, pro-density urban center like downtown, where the upzone is already on the books, would turn out to be the Seattle NIMBYs’ Battle of Yorktown.

Following up this year, the city turned to a comprehensive upzone in Seattle’s remaining Urban Centers and Urban Villages, multifamily areas of varying density ranging from the rest of the city’s more dense Urban Centers like Northgate and Capitol Hill to Residential Urban Villages such as Rainier Beach and Crown Hill. This larger rezone, which ultimately includes 27 neighborhoods, also encompasses additional multi-family and commercial zones on the outskirts of the city’s single-family zones. The 27 upzones would slightly expand ten of the Urban Center and Urban Village zones. The result: About six percent of the adjacent SFZs, where only detached single-family housing is currently allowed, would be rezoned into slightly denser Residential Small Lot zones, Lowrise zones, and Neighborhood Commercial zones, adding what pro-housing urbanists call “Missing Middle” housing—small-scale developments that fit in seamlessly with single-family housing.

Like the original six hub urban center upzones, the broader upzones all came with MHA requirements to build or fund affordable housing.

Given that SFZs take up a lopsided 65 percent of the city’s developable land, rezoning a slender six percent of the SFZs for multifamily housing seems more than reasonable, especially at a time when Seattle isn’t building enough housing to keep up with our dramatic population growth.

However, the upzones have stalled: A coalition of appellants representing single family zones are currently fighting the upzone in front of the city hearing examiner. And it drags on and on.

Despite the welcoming “In this House” signs that are ubiquitous throughout Seattle’s SFZs, the foot-stomping intransigence from exclusive single-family neighborhoods against adding housing to their suburban-style enclaves is hardly surprising. Seattle’s liberal hypocrisy rolls that way.

What I didn’t expect was that a pro-housing, pro-density urban center like downtown— where the upzone is already on the books—would turn out to be the Seattle NIMBYs’ Battle of Yorktown. The fight to “Save the Showbox” has stalled one of the first building proposals to come under the new progressive MHA policy—Vancouver developer Onni’s proposal to replace the Showbox with a 440-foot, 442-unit apartment tower with ground-level retail that would have raised $5 million in one fell swoop for affordable housing.

In yet another city hall 180, the council voted yesterday to turn last year’s unanimous yea vote to upzone downtown, into a unanimous nay vote for Rock and Roll NIMBYism. The city council voted this week to renege on downtown MHA by making the two-story Showbox off-limits.

I guess I shouldn’t be surprised by this either. With its 2018 Pearl Jam mania, Seattle idles in nostalgia.

I understand that unchecked hyper development comes with serious problems like gentrification. But the way to fight gentrification isn’t through symbolic battles on behalf of specific, popular businesses. The way to fight gentrification is by having integrated development and land-use policies that keep affordable housing in the mix in the first place. With the MHA upzones, the city had that very policy in place.

Now, by caving to the first reactionary uprising against the exact policy outcomes MHA was enacted to produce—more housing and more affordable housing—the council has shown that crowd politics informed by nostalgia and resistance-to-change have trumped (ahem) a well-calibrated policy.

I feel like Johnny Rotten walking around London in 1975 in his “I Hate Pink Floyd” T-shirt when I say this: ¯\_(ツ)_/¯ the Showbox.

Someone who supports saving the Showbox asked me if I would ever take the side of historic preservation over development. Of course. I visited the reclaimed Lorraine Motel in Memphis earlier this year. American History. Amazing. But arts venues with cool marquees are hardly a rare breed; the Moore, the Paramount, the Egyptian, and the Neptune all come to mind. And there’s plenty of great places to see music in Seattle. I’ve been to a ton of great shows already this year—DoNormaal and Nightspace (Kremwerk), Umami Goddess (Vermillion), Serpent With Feet (Barboza), Wayne Horvitz (the Royal Room), Lorde (Key Arena), Liz Phair and Lisa Prank (the Crocodile), Stas Thee Boss (Chop Suey), Mortuary Drape (The Highline), Mourn and Chastity (Barboza), Orpheus and Eurydice (Seattle Opera Studios).

But when it comes to stopping legal development that includes $5 million for affordable housing  because you want to save a club whose historic value is as omnipresent as 90s nostalgia? You lost me at NIMBY.

Morning Crank: Needles are a Longstanding Problem

Needles in libraries, a shift in the city’s protectionist industrial-land policies?, and more in today’s Morning Crank.

1. In my piece last month about a library employee who was stuck by a needle while changing the trash in the women’s restroom of the Ballard branch library, Seattle Public Library spokeswoman Andra Addison said that she was unaware of any other instance in which a library staffer had been stuck by a needle and said that the library’s administrative services division had determined that the system “just really [doesn’t] have the need” for sharps containers.

Since then, the library has changed course, and is installing sharps containers at three branches—Capitol Hill, Ballard, and the University District. A review of the “shift logs” (daily logs of notable incidents and interactions with patrons) at the Ballard branch indicates that far from being an anomaly, needle sightings are a regular, even banal, occurrence. Over the course of just six weeks, spanning from late December 2017 to mid-March of this year, Ballard library staff recorded a dozen needle-related incidents, including a man slumped over after shooting up at the library, a needle left unattended in a Pop-Tart box in the lobby, needles found floating in toilets on two different occasions, and an oversized CD case stuffed with needles and empty baggies that had been tossed in the book drop. In one case, an uncapped needle was found lying on the floor in the teen area of the library; in another, a library staffer discovered two needles in the restroom while cleaning up piles of trash and clothes that a patron had left behind.

“We could see the man slumped over and the needle was lying in front of him,” one log report says. “I called 9-11 to report a man shooting up in front of the library. I also called security. I then went back out to check on the man. At this time he was holding the needle in his hand. I told the man that I was excluding him from SPL for 2 weeks. He became very upset and said that he had found the needle on the ground and that the library was putting him at risk. He then came into the library and threw the needle in the garbage in the lobby.”

The logs, which detail many other security incidents as well as a case of mistaken identity (a giant stuffed panda that appeared to be a sleeping patron), make a couple of things clear: First, that improperly discarded syringes, far from being an unusual or notable occurrence, were a well-documented issue at the Ballard library long before the custodian was stuck with a needle and rushed to the hospital. And second, library workers are doing double duty as security guards and hazardous-waste cleanup crew, a situation that has complex causes but that can’t be addressed by merely telling workers to use heavier rubber gloves, or even by installing sharps containers in a couple of branches. As long as the city fails to adequately fund housing and treatment, and delays building safe consumption spaces for people living with active addiction, as a county task force unanimously recommended a year and a half ago, our libraries are going to continue to be de facto safe consumption spaces, crisis clinics, and emergency waiting rooms.

2. Seattle may be known for its rigid rules protecting single-family neighborhoods from incursions by off-brand housing like duplexes, townhomes, and apartments, but when it comes to protected land-use classes, nothing compares to the city’s industrial districts. Since the 1990s, it has been official city policy to wall off industrial areas from other uses by restricting or prohibiting uses (like offices and housing) “that may negatively affect the availability, character, or function of industrial areas.”

That quote is from a presentation Seattle Office of Planning and Community development senior planner Tom Hauger delivered to the Seattle Planning Commission yesterday, and it was meant to show the way the city has viewed industrial lands historically—not necessarily the way they will be viewed in the future. In fact, Hauger said, an industrial lands advisory panel that has been meeting since 2016 to come up with proposed changes to the city’s industrial lands policy is about to release a somewhat radical-by-city-standards) “draft concept” (don’t call it a proposal) that could open much of the industrial land in the SoDo district, around the stadiums and within walking distance of the two south-of-downtown light rail stations, to office uses. This could help reduce the traffic impact of the nearly two million new workers that are expected to move to the region by 2050, and it could provide a bridge to the kind of hybrid office/industrial spaces that are already taking root in other cities as the definition of “industrial” itself evolves.

Under rules adopted in 2007 (and reviled by developers ever since), office buildings in industrial areas are restricted to 10,000 square feet (retail is restricted to 25,000), meaning that in practical terms, there is virtually no office space in the city’s two industrial areas, the Duwamish Manufacturing Industrial Center (which includes SoDo) and theBallard Interbay Northend Manufacturing Industrial Center. The change that’s being contemplated, known as the “SoDo concept,” would allow developers to build office space in the  district if they provide space for industrial businesses on the lower levels, up to a floor-area ratio (FAR) of 1.0, which can be visualized (roughly) as a single story stretching across 100 percent of a lot, two stories that cover half the lot, and so on. In exchange, developers could build up to five times as many stories of  office space, up to the height limit, although Hauger said the task force would probably end up settling on two to four additional office stories (again, roughly) for each full story of industrial space.

This sounds like minor stuff, but in the context of the industrial lands debate in Seattle, it’s a shot across the bow. More radical proposals, such as allowing housing near existing and future light rail stations in SoDo and Interbay, are, for the moment, off the table. “The advisory panel has talked about housing, but it’s been a minority view, and the majority has decided that, especially in the Duwamish area, that housing near the light rail stations is off the table,” Hauger said.

3. King County Democrats chair Bailey Stober gave himself a full week to wrap up his affairs before formally stepping down after his executive board found him guilty on all five charges against him, which included allegations of financial misconduct, conduct unbecoming an officer, and creating a hostile work environment last Sunday. The nearly 14-hour trial ended Stober’s nine-week-long effort to keep his position after an initial investigation concluded that he should step down.

Although it’s unclear why Stober announced his resignation a week in advance instead of stepping down immediately, he did knock out one task right away: Sending an email out to all the precinct committee officers in the county—the same group that would have voted this coming Sunday, April 15, on whether to remove Stober if he had not resigned—thanking them “for the honor and the privilege.” Stober frames the decision to step down as his own voluntary choice—”I have decided to resign,” he writes—and enumerates the Party’s achievements under his leadership before concluding, “Most importantly, we had fun doing all of it. I am so proud of the things we did together – thinking about it brings a smile to my face.” The only hint of an apology to the woman he fired after another woman in the Party who had witnessed his behavior filed a complaint on her behalf? A vague “to those I have let down and disappointed – I am truly sorry,” followed by four sentences of thanks to the people who “have stood by my side.”

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Diminishing Returns at HALA Focus Groups

When the city’s Department of Neighborhoods (DON) first put out the call for citizens to apply as neighborhood representatives serving on one of four new community focus groups that would advise the city’s Office of Planning and Community Development on the mayor’s proposed Housing Affordability and Livability Agenda (HALA), residents of mostly white North End neighborhoods—many of them vocal opponents of the plan—applied en masse. With just two weeks before the application deadline, fully half of the applicants came from only three North Seattle neighborhoods.

DON staffers, sensing that without more geographically diverse neighborhood representation, the focus groups would be dominated by white, north-end homeowners, put out a second call. DON solicited applications from other parts of the city, including West and Southeast Seattle, and got them—eventually, after I published a story on the demographic disparity and DON ramped up its outreach to community organizations, 661 applications poured in from across the city.

Of that initial group, 181 applicants, many of them renters, people of color, community activists, and members of other groups that have traditionally been excluded from city planning processes, were chosen to serve on the four HALA focus groups that have been meeting monthly since last April. The focus groups are organized based not on geography, but by type of neighborhood—low-density urban villages, medium-density urban villages, hub urban villages, and urban villages expansion areas. According to DON Director Kathy Nyland, the idea was to bring together “folks who are going to be experiencing like changes, though not necessarily in like parts of the city”. At the meetings, the groups typically have received a presentation on some aspect of the HALA plan, followed by opportunities to ask questions, provide input, and engage in small-group discussions. The goal is to use feedback from the focus groups to help shape the zoning legislation that is the heart of HALA.

Attendance logs, obtained from OPCD through a records request, show that 137 focus group members showed up for that first meeting in April—a not-bad 76 percent attendance rate. Since then, though, attendance has curved downward sharply: from 60 percent in May to just 41 percent in September. The numbers for October aren’t available yet, but based on anecdotal reports from group members and my observations at the medium-density focus group I attended near the end of the month, with only 15 of 40 original members present, October attendance was probably lower still.

As important as the sheer numbers is who is no longer showing up. Although the city hasn’t taken any demographic surveys, anecdotal accounts from participants and city staffers, as well as a survey of monthly attendance sheets, indicate that many of the no-shows seem to be people of color, immigrants, and residents of South Seattle  neighborhoods—the exact folks DON had hoped would help bring some new perspectives to the planning process. The one clear exception to this rule is eight focus group members who were recruited by Puget Sound Sage, which provided them with ongoing technical support and follow-up meetings on the fundamentals of zoning and land use law.

Laura Bernstein, a University District community activist who resigned from her focus group in September, says she got discouraged when she saw her group being dominated by the “observers” who were supposed to watch quietly and not participate. (Observers are members of the public who watch the meetings and receive a block of time to comment at the end; their names are recorded and included in official meeting attendance records). She says, “there were a lot of really angry outbursts and a lot of whispering form the observers. So you’re trying to get OPCD to answer your question and there’s someone whispering behind you. It was very disruptive and intimidating.” Bernstein’s resignation letter concluded: “What was the point of getting such a diverse group of people if the people with power weren’t going to do more to foster an inclusive environment to retain them at the table[?] This is what fake equity looks like.”

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Observers at an October focus group meeting. [Photo: Erica C. Barnett]

The medium-density focus group meeting I attended in late October ostensibly included multiple representatives from the Central Area and North Rainier neighborhoods, two areas that are generally more diverse than, say, Phinney Ridge. Nonetheless, for the first half-hour, there was just one person of color, David Osaki from Aurora-Licton Springs, in the meeting room in the basement of city hall.When Rokea Jones, from the Central District, arrived after finishing a meeting of the Seattle Women’s Commission upstairs, she noticed immediately that the wall-size map of her neighborhood had no “dots” (green stickers representing areas or spots participants wanted the full group to discuss further) in her neighborhood. Jones slapped one down on 23rd Ave. S and waited to speak.

Waited, that is, for longtime Fremont neighborhood activist Toby Thaler–a homeowner steeped for decades in the jargon and minutia of land-use decisions—to finish delivering a lengthy jeremiad about how the city “has abandoned neighborhood planning.” Standing up and jabbing his finger down at the seated audience, Thaler denounced the whole focus group process, suggested that the city chose people for the focus groups based on “some other criteria” than aptitude to serve, and lamented how far neighborhood planning had fallen since the 1980s, allowing “horrendous…ugly crap” in once-protected single-family neighborhoods.

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Toby Thaler passionately voices his opinion about the focus group process during an October meeting. [Photo: Erica C. Barnett]

When Jones finally got a word in edgewise (thanks in large part to aggressive hand-waving by OPCD senior planner Geoff Wendlandt, who struggled to get the attention of facilitator Susan Hayman, a consultant for EnviroIssues hired by the city), she talked about the need to prevent displacement in the Central Area. One way to do that, Jones, suggested, was by increasing the amount developers have to pay into an affordable housing fund before they can to build in gentrifying areas. “There’s a vast amount of displacement with this neighborhood,” Jones said. “I understand that there’s developers and a great deal of concern about them losing money, but frankly, I don’t give a shit about them losing money.” It was the first time the issue of displacement had come up all night.

Read more at the South Seattle Emerald.