Morning Crank: Fort Lawton Drags On, Spady Drags His Feet, and Enhanced Shelter Shortage Drags Out Homelessness

1. The wait for affordable housing at the Fort Lawton military base in Magnolia—on which, as I noted last week, the city is now spending hundreds of thousands of dollars for security —will continue to drag on at least until the end of this year, after a city hearing examiner agreed to delay a hearing in an appeal challenging the environmental impact statement on the project until the end of October so that the complainant, Magnolia activist Elizabeth Campbell, can secure a lawyer. The appeal process has already been delayed once, until the end of September, to accommodate Campbell’s lengthy vacation to Europe. Campbell said that she was requesting this second delay because of health concerns that have prevented her from participating in the appeal process.

The motion granting Campbell’s request for a delay, which also denied the city of Seattle’s request to dismiss the six-month-old case, includes a salty dismissal of Campbell’s claim that the hearing examiner, Ryan Vancil, should not be allowed to hear the appeal because he once served on the board of Futurewise, a conservation group with no stake in the Fort Lawton debate, and because he has represented the Seattle Displacement Coalition, which works to prevent the demolition of existing affordable housing, in the past.

The city’s rules, Vancil noted, require anyone who files an appeal before the hearing examiner to file any motions to disqualify a particular hearing examiner quite early in the process, typically at least 7 days before the first hearing. That hearing was in May.  “As explained at the prehearing conference [on May 15] the Hearing Examiner has not been a board member or officer of Futurewise for two years, and is not currently a member as alleged by Ms. Campbell. Ms. Campbell identified no specific interest in this appeal by either Futurewise, or the Seattle Displacement Coalition. … Ms. Campbell was clearly aware of these facts [and] raised [them] in the context of a response to the Hearing Examiner’s disfavorable order as a form of retaliation.” In other words, Campbell only decided Vancil’s past association with Futurewise was a problem after he ruled against her on an unrelated issue—specifically, the fact that Campbell hadn’t filed her list of witnesses and exhibits by a mid-September deadline.

(Side note: Vancil may not be on the Futurewise board anymore, but the group’s current board includes two attorneys, Jeff Eustis and Dave Bricklin, who have both fought against proposals to allow more density and housing, including Mandatory Housing Affordability, which allows developers to build more densely in exchange for funding affordable housing; a proposed 12-story building in Pioneer Square that would have replaced a “historic” parking garage; a proposed three-story apartment building in Phinney Ridge, which nearby homeowners opposed because they didn’t want to lose parking in front of their houses; and a proposal to make it easier for homeowners to build secondary units on their property. Given that track record among Futurewise board members, serving on the group’s board could be seen as an indication that Vancil is sympathetic to housing opponents like Campbell. The Displacement Coalition, meanwhile, often fights against density and development on the grounds that it displaces people and drives up the cost of housing.)

Campbell claimed that she was unable to file a list of witnesses because of her poor health. But Vancil was skeptical about that claim, noting that Campbell had managed to  five no fewer than separate, lengthy motions over a period of about two weeks in September, Vancil said, which “demonstrate[s] Appellants’ capacity to draft documents and work on this case, and/or the ability to have communicated at an earlier date that Appellants did not have the capacity to identify exhibits and witnesses within the time required.”

The next hearing on the Fort Lawton appeal will be at 9:30am on October 29.

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2. A city audit of the Navigation Team—a team  of police officers and outreach workers that removes encampments and offers services to people living unsheltered in Seattle—concluded that the city has not done enough to provide the kind of “enhanced shelter” that people living outdoors are most likely to accept, and should consider increasing the use of diversion strategies like “reunification”—that is, connecting people to family,  and sending them on their way. The idea of reunification is popular in California, where cities like San Francisco provide bus tickets out of town to homeless people who are able to find a friend or family member who will tell the city they are willing to take the person in. Such programs are controversial because, while they do relocate some chronically homeless people outside city limits, little is known about how people in such programs fare at the end of what are often cross-country journeys, and horror stories abound.

Mayor Jenny Durkan’s proposed budget for the Human Services Department notes that enhanced shelters, which provide case management, a place to store possessions, and a place to be during the day, result in significantly more exits to permanent housing than stripped-down, mats-on-the-floor, in-at-9-out-at-7 basic shelters. According to the Human Services Department, 21 percent of people who entered enhanced shelters, like the Navigation Center operated by the Downtown Emergency Service Center, exited into some form of permanent housing. (Permanent housing can include everything from supportive housing in facilities with case management and other services, or a “rapid rehousing” voucher for an apartment on the private market.) In comparison, just 4 percent of those entering basic shelters exited directly into permanent housing.

Despite their higher success rate, the audit found that enhanced shelters are often full, making it impossible for the Navigation Team to refer many, if any, unsheltered people to them. Between March and December of 2017, the report says, there was an average of 18 beds available for all Navigation Team referrals—an average that includes 27 days when fewer than 10 beds were available, and four months in which the average daily vacancy was less than one bed, citywide. This was during a period when the Navigation Team contacted more than 1,800 individual people, many of them more than once.

Finally, the auditor recommended that the city consider “bridge to housing” strategies like the ones in place in San Diego and Sacramento, which employ large, semi-permanent tentlike structures that can house tens or hundreds of people in dormitory-style or more private rooms. The structures are similar to enhanced shelter—24/7 and low-barrier, they allow singles and couples to bring pets and possessions with them—but are less expensive because the buildings aren’t permanent.

The idea, which council members Lisa Herbold and Teresa Mosqueda brought up yesterday, elicited a testy back-and-forth between Mosqueda and Navigation Team director Fred Podesta, who interrupted Mosqueda’s question about the bridge-to-housing strategy by saying, “We need to carefully think about, are people going to accept an enormous, 150-person dormitory that’s in a tent? Before we get too bound up in the efficiency of a particular structure type, we have to think about how our clients are going to respond to it.” When Mosqueda picked up her line of question, Podesta interrupted her again, interjecting, “I just think it’s worth asking the question—if our approach is going to be to offer [housing in that type of structure to] people—’Would you go or not?’ We need to ask those questions before we spend $2 million on a tent.” The city of Sacramento estimates that a 300-bed shelter of this type would cost between $3 million and $4 million a year.

3. Saul Spady, the Dick’s Burgers scion and political consultant last seen soliciting money to defeat the upcoming Families and Education Levy renewal and to fill the seven city council seats that will be up for grabs next year with “common sense civic leaders,” may be improperly raising funds for an election campaign without registering with the Seattle Ethics and Elections Commission and the Public Disclosure Commission.

As I reported, Spady sent an email to supporters in September seeking $100,000 in contributions for a campaign to “educate” voters on why they should oppose the Families and Education Levy ballot measure and support “common sense civic leaders” against incumbent council members next year. The email says that Spady hosted a meeting the previous week—that is, the week of September 3—of “potential 2019 Seattle City Council candidates focused on common sense, fiscally responsible & acountable [sic] government mixed with active citizens who are concerned about the continuing slide of Seattle into the ‘corruption of incompetence’ that we’re witnessing across all sectors of city hall.” The goal of the meeting, Spady continued, “was to engage likely candidates & political donors.”

This kind of unofficial campaigning could put Spady, who owns the ad firm Cre8tive Empowerment, in violation of state campaign finance law as well as the city’s own campaign finance rules. According to the Public Disclosure Commission,  new campaigns for or against ballot measures must register with the PDC “within two weeks of forming a committee or expecting to receive or spend funds (whichever occurs first).” The Seattle Municipal Code, similarly, requires campaigns to file with the Seattle Ethics and Elections Commission as soon as they’ve raised or spent any money, announced that they plan to support or oppose a candidate or an upcoming ballot measure, bought an ad or reserved ad space, or put a survey in the field about a candidate or ballot measure. Filing involves paying a fee (about $1,300), setting up a campaign office, opening a bank account, and designating campaign officers. All of this, again, must be done within two weeks of soliciting money or engaging in any other campaign activities. Spady’s email went out on Tuesday, September 11—more than three weeks ago. As of midnight last night, Spady had not filed any campaign paperwork with either agency.

Morning Crank: Another Interim Head for SDOT, More Streetcar Fallout, A Victory for Burke-Gilman Trail Advocates, and “Tolling to Make Congestion Worse.”

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1. The Seattle Department of Transportation (SDOT) has been headed up by an interim director, Goran Sparrman, for nearly seven months, since controversial director Scott Kubly left the position last December, a month after Jenny Durkan was sworn in as mayor. Durkan extended Sparrman’s tenure as interim SDOT chief by two months at the end of May, when the SDOT director publicly announced that he planned to leave at the end of August. At the time, Durkan’s office announced a national search to replace him, and put out a call for input from the public on what they would like to see in the next SDOT director.

Sparrman will reportedly be taking a job with the HNTB Corporation, a consulting firm that has a large contract to do the engineering work on Sound Transit’s Ballard to West Seattle light rail line and also has numerous open contracts with the city of Seattle.

Sparrman’s departure date is rapidly approaching, and Durkan has not announced his replacement, nor, apparently, does she plan to any time soon. Instead, The C Is for Crank has learned, will announce yet another interim director—reportedly Genessee Adkins, SDOT’s current chief of staff—and put off hiring a permanent director until this winter, possibly as late as January, according to sources close to the department. The ongoing lack of permanent leadership at the embattled agency, which is dealing with fallout from cost overruns on the delayed downtown streetcar as well as a vocal backlash from bike and pedestrian advocates over Durkan and Sparrman’s decision to delay implementation of the long-planned Fourth Avenue protected bike lane until 2021, has reportedly damaged morale at the agency and contributed to a sense of an agency in turmoil. Compounding the lack of leadership at the top is the fact that all four of SDOT’s deputy directors are also serving on an interim basis, as is the current chief of staff (Adkins is currently on leave), creating an org chart headed up almost entirely by people serving on an impermanent or contingent basis. (The org chart itself, unusually for a Seattle city agency, only includes the names of the seven people at the very top, followed by the general functions each of those people oversee.)

Sparrman will reportedly be taking a job with the HNTB Corporation, a consulting firm that has a large contract to do the engineering work on Sound Transit’s Ballard to West Seattle light rail line and also has numerous open contracts with the city of Seattle. Sparrman reportedly accepted his new private-sector position several months ago. I asked Durkan’s office whether it was a conflict of interest for Sparrman to be negotiating on behalf of SDOT with agencies that could soon be his clients. Her spokeswoman, Stephanie Formas, responded by referring me to the city’s ethics rules regarding former employees, which restrict current employees’ ability to be involved in their future employers’ “dealings with the city,” and restrict former employees’ ability to participate in certain activities, like bidding for contracts, for the first year or two after they leave the city, depending on the activity.

 

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2. Mayor Durkan issued an “update on the Center City Connector” yesterday that confirmed some of what city council member Lisa Herbold was talking about a full five days ago (when I was on vacation; sorry!): The vehicles the city ordered for the indefinitely postponed First Avenue Streetcar are wider and longer than the existing South Lake Union and First Avenue streetcars, suggesting that they may not be compatible with the existing systems the Center City Connector is supposed to connect.

Durkan, to the consternation of some transit advocates, has been lukewarm on the proposed downtown streetcar ever since initial operations cost estimates turned out to be off by as much as 50 percent and the cost to build the system ballooned by tens of millions. A long-awaited independent financial analysis of the project has been delayed because, according to today’s statement from the mayor’s office, the review “was much more complex than initially expected.” One question that could be deal-breaking is whether the new, larger vehicles are even compatible with the gauge of the existing streetcar lines, which run from Pioneer Square to First Hill and from Westlake to South Lake Union.

Formas, the mayor’s spokeswoman, says that it’s possible the lines will still be able to connect—the existing streetcars, for example, are built to slightly different specifications but can still run on each others’ tracks—but the episode brings to mind what happened with the downtown transit tunnel, whose original train tracks, installed almost as an afterthought in 1993, had to be torn out and replaced in the mid-2000s, resulting in additional costs of more than $45 million.

“We shouldn’t be tolling that and making our city streets free. We should be doing it the other way around. We should say, ‘Look if you want to drive [past downtown], take the tunnel, but if you come downtown, we’re going to charge you.”

3. Advocates for completing the long-delayed “missing link” of the Burke-Gilman multi-use trail in Ballard won a small victory last week, when a King County Superior Court judge dismissed a complaint by the Ballard Coalition, a group of businesses that opposes the completion of the trail as proposed by “missing link” advocates, charging that the city hearing examiner who approved the final environmental statement for the project had a conflict of interest. The Coalition argued, essentially, that because then-deputy commissioner Ryan Vancil was up for a promotion when he determined in January that the city’s environmental analysis of the project, which took five years and cost $2.5 million to complete, was adequate. The decision was a significant victory for trail advocates.

In its complaint, the business coalition argued that Vancil violated the appearance of fairness doctrine, which requires public officials to conduct business in a way that appears fair, by applying for and obtaining a promotion from deputy hearing examiner to chief hearing examiner while the city of Seattle had a case in front of him—specifically, the “long-running [Burke-Gilman] dispute.” In his ruling rejecting that argument, Judge Samuel Chung noted that if he were to assume that anyone who applied for a promotion within the hearing examiner’s office was biased in favor of the city, it “would impose a presumption that would taint all virtually all decision making by that body. Every hearing examiner is presumed to be fair and impartial, and an advancement within that office under these facts do not form a basis for an appearance of fairness violation.”

4. Deadlines prevented me from giving my full attention to a resolution the city council passed last week vowing to build out as much of the planned downtown bike network as possible while the Fourth Avenue protected bike lane remains in limbo, but I didn’t want to let one comment from council member Mike O’Brien, who sponsored the resolution, slip by. O’Brien made the remark while we were discussing the “period of maximum constraint” between now and roughly 2021, when construction projects and the closure of the downtown bus tunnel and the demolition of the Alaskan Way Viaduct are expected to jam traffic downtown.

O’Brien, who opposed the Alaskan Way tunnel project, pointed out that everyone who now uses the viaduct to get to points downtown will drive instead on surface streets, and even people going through downtown will use surface streets to avoid the tunnel, contributing to traffic jams during the “period of maximum constraint” from roughly now until 2021, when construction and demolition projects are expected to make downtown traffic worse than at any time in recent history. The day before we talked, O’Brien said, the Washington State Transportation Commission had approved tunnel tolls ranging from $1 to $2.25. “We shouldn’t be tolling that and making our city streets free,” O’Brien told me. “We should be doing it the other way around. We should say, ‘Look if you want to drive [past downtown], take the tunnel, but if you come downtown, we’re going to charge you.” Instead, O’Brien said, Seattle is going to have “anti-congestion pricing—pricing to make congestion worse.”

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