Category: Arts

Arts, City Council, homelessness, Mayor Durkan, Parks, Transit

Council Amendments Would Stall Downtown Streetcar, Preserve Laurelhurst Community Center, and Defund Salvation Army Shelter

Laurelhurst Community Center

By Erica C. Barnett

The battle over police funding may be the marquee issue at Thursday’s final public city council budget meeting, but the council will also be taking up dozens of other changes to Mayor Jenny Durkan’s proposed 2022 budget. Here are a few we’re tracking as the council winds up its deliberations over next year’s budget.

• A proposal by Councilmember (and perennial streetcar opponent) Lisa Herbold to cut $2.4 million that would re-start planning for the long-delayed downtown Seattle streetcar and reallocate that money to help improve Seattle Public Schools’ bus routing technology and to fund a citywide hiring incentive program.

Herbold noted earlier this month that there are currently vacancies across all city departments, not just SPD, and suggested funding incentives to fill those positions as well.

• Two amendments, both by Councilmember Tammy Morales, that would strip $5.1 million in federal funding from a Salvation Army-operated emergency shelter in SoDo and use the money to fund land acquisition for cultural space through the city’s Cultural Space Agency, to purchase a separate piece of land in SoDo for transitional housing to be run by the Chief Seattle Club, and to develop a new “City-run social housing acquisition program.” The Cultural Space Agency is a public real estate development agency established last year with a mission to create new, community-based arts and cultural venues and spaces in Seattle; an infusion of $1.1 million would allow the agency to set up a land acquisition fund.

Social housing is a somewhat loftier notion; according to Morales’ amendment, $2 million would be enough to hire a team that would “research portability of social housing acquisition program models currently operating in cities like Berlin, Paris and Vienna,” but any expansion of the program would require ongoing funds in future years.

PubliCola is seeking more information about the transitional housing project.

UPDATE: On Thursday afternoon, all three of Morales’ proposals to repurpose funding for the SoDo shelter failed; two, the transitional and social housing proposals, failed for lack of a second vote to put them up for discussion.

In her budget this year, Durkan proposed eliminating the creative industries director position altogether and demoting the city’s creative industry policy advisor to a lower-level “creative industries manager” job overseeing various special events and permitting staff.

The Salvation Army shelter receives additional funding from the city and county, but the loss of $3.1 million in annual funding would force the agency to close the shelter in 2023 or find funding elsewhere. The shelter, located in a former COVID isolation site inside a former Tesla dealership, enabled the Salvation Army to consolidate several existing shelters in one location, freeing up other spaces for use during weather-related emergencies. The building, which has a special air-filtration system, served as the city’s only smoke shelter during the 2020 summer wildfires.

• Morales has also proposed restoring a position at the Office of Economic Development to support and promote film, music, and other creative industries in Seattle. Over her term, Durkan has steadily chipped away at this longstanding city function, first by neutering the Office of Film and Music (whose director, Kate Becker, left for a job as King County’s first-ever Creative Economy Strategist in 2019 and was never replaced), then by attempting to eliminate the city’s nightlife advocate, and, finally, by bumping OED’s Creative Industries director position further and further down the OED org chart.

Currently, the Inclusive Creative Industry Director job is vacant; the city’s website describes the job of the office as helping creative workers “transition into middle and higher earning jobs,” promote economic recovery, and “Better connect businesses and workers with the creative skills that will be in high demand in the Network Economy,” whatever that means.

Laurelhurst is a wealthy area that ranks among the least diverse in Seattle. In his pitch to trade the parks workers’ pay increases for the community center, Pedersen argues that the center serves an important race and social justice purpose because it is “connected by a bridge to the adjacent [Laurelhurst] elementary school, where 45 percent of students are Black, Indigenous, or people of color (BIPOC) and 31 percent of students’ families are low income.”

In her budget this year, Durkan proposed eliminating the creative industries director position altogether and demoting the city’s creative industry policy advisor to a lower-level “creative industries manager” job overseeing various special events and permitting staff. Morales’ resolution wouldn’t reverse the demotion, but it would place a hold on the money to fund the manager position until OED provides the council with a “Creative Sector Action Plan” and a description of how the office will “reorganize so that this position can focus solely on policy development and implementation related to the creative industries and not be responsible for staff management.”

• Councilmember Alex Pedersen, who frequently talks about the need to treat “mom and pop landlords” differently than big property management companies, wants to set up a special “small landlord and tenant stakeholder group” at the city’s Department of Construction and Inspections. According to Pedersen’s proposal, “The group should propose a definition of ‘small landlord,’ estimate the population of small landlords with units in Seattle, make findings about how current regulations and market trends impact small landlords and their tenants, and identify whether those impacts are disparate.”

Support PubliCola

PUBLICOLA NEEDS YOUR HELP.

If you’re reading this, we know you’re someone who appreciates deeply sourced breaking news, features, and analysis—along with guest columns from local opinion leaders, ongoing coverage of the kind of stories that get short shrift in mainstream media, and informed, incisive opinion writing about issues that matter.

We know there are a lot of publications competing for your dollars and attention, but PubliCola truly is different: We’re funded entirely by reader contributions—no ads, no paywalls, ever.

So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution of any amount, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

The plight of smaller landlords came up frequently during the COVID pandemic, when many tenants who lost their jobs were unable to pay rent. Landlord advocates argued that the eviction moratorium and other tenant-friendly laws and policies put smaller-scale property owners at risk of defaulting on their mortgages.

• Pedersen is also behind a proposal that would eliminate pay increases for some salaried parks employees to fund the reopening of the Laurelhurst Community Center, which Durkan’s budget proposes closing and turning into a “premier rental facility” like those at Pritchard Beach and Golden Gardens. Durkan’s budget uses the money saved by shuttering the center to pay for a mobile recreation and playground program called Rec’N the Streets. The city’s parks department shut down all 26 of the city’s community centers last year because of the pandemic, and has reopened only nine.

Laurelhurst, a waterfront neighborhood in Northeast Seattle, is a wealthy area that ranks among the least diverse in Seattle. In his pitch to trade the parks workers’ pay increases for the community center, Pedersen argues that the center serves an important race and social justice purpose because it is “connected by a bridge to the adjacent [Laurelhurst] elementary school, where 45 percent of students are Black, Indigenous, or people of color (BIPOC) and 31 percent of students’ families are low income.”

However, the community center is one of the smallest in the city, lacks a gym, and does not offer child care, limiting its usefulness to families with school-age children. Across Seattle, community centers serve the entire surrounding community, not just nearby elementary school students, and are especially critical in lower-income areas where residents may lack the ability to pay for private sports lessons, child care, after-school activities, homework help, fitness classes, and other types of programming that community centers provide.

The Laurelhurst Community Club, a private organization that runs a beach club that’s open only to property owners in the neighborhood, has been a vocal advocate for reopening the community center, where the group has historically held its meetings.

Arts, City Council, City Hall, Mayor Durkan

Arts Commission Chairs Resign Amid Furor Over Durkan’s “Surprise” Arts Director Appointment

By Erica C. Barnett

On Tuesday, the two co-chairs of the Seattle Arts Commission abruptly resigned, citing “grave concern surrounding Mayor Durkan’s lack of process in the recent appointment of the Acting Director for the Office of Arts and Culture, superseding both community and Council.”

“After meeting with the Mayor’s Office this past Friday and in their subsequent decisions, it was very apparent to us that they had an ulterior motive that did not include any input or involvement  from the Arts Commission or arts and cultural community members,” the co-chairs’ resignation letter continued.

Office of Arts and Culture logoEarlier this month, Durkan appointed former Center on Contemporary Arts (CoCA) director Royal Alley-Barnes to serve as interim director for the office, which has lacked a permanent leader since December 2020, when longtime director Randy Engstrom resigned. She’ll replace Calandra Childers, whom Durkan appointed to serve as interim director when Engstrom left.

Alley-Barnes is the former head of the then-city-funded Langston Hughes Performing Arts Institute, which is now an independent nonprofit known as LANGSTON.

LANGSTON’s current director, Tim Lennon, wrote a letter to council members expressing his opposition “not to the candidate selected but rather to the total apparent lack of consultation with our sector [and] the utter lack of an articulated strategy for ARTS which necessitates this leadership change 4 months before the end of this administration.”

Members of the ARTS Director Search Committee, including artists, curators, and academics, also wrote a letter to the Arts Commission expressing their disappointment in the process and the “surprise appointment” of Alley-Barnes. The committee convened in early 2021 to begin the process of appointing a permanent, not interim, director, according to the letter.

“The work of this Committee was initiated and overseen by Deputy Director Calandra Childers who was serving as acting Director of ARTS since February,” the letter says. “Her deep commitment and wide-ranging expertise in directing the ARTS office throughout this challenging time, while also guiding the work of this committee, is to be respected, protected, supported, and even modeled—not discarded without a conversation or any thoughtful process.”

Currently, at least eight city departments are headed by interim or acting directors.

The mayor’s office also provided a number of letters supporting the appointment. Unlike the letters of opposition, most of these focused on Alley-Barnes and her record leading arts organizations, including CoCA, over many years. Supporters of her appointment included former King County Councilmember Larry Gossett, Community Police Commission member Harriett Walden, HistoryLink director Marie McCaffrey, and CoCA board member Dr. Judith Rayl, who wrote that she “has embraced a lifetime devoted to community flourishing. Her influence is evident at all levels: regionally, locally, organizationally, and interpersonally through her excellence in leadership and mentorship.”

When a mayor appoints a new permanent department head, the city council has to vote on whether to approve the nomination. An interim appointment, in contrast, requires only the “concurrence” of the budget committee chair (currently Teresa Mosqueda) and the council president (currently Lorena González.) Both signed off on the appointment, although González said she did so only after Durkan called the question by formally announcing Alley-Barnes as the new interim director.

“It would have been my hope that the Mayor would have fulfilled the commitments made to the commission and broader arts community,”  González said in a statement. “With an interim director in place, the City will be able to search for a permanent director via a process that includes and honors input from commissioners and community members, whose role it is to advise elected officials in decisions such as these.” (Emphasis González’).

Durkan’s office disputes González’s timeline and denies that the process for appointing Alley-Barnes as interim director was in any way unusual. Durkan spokeswoman Kamaria Hightower said the mayor’s office “reached out on September 8 regarding this appointment to which both offices confirmed receipt and expressed no concerns about the imminent announcement,” adding, “the Mayor’s Office has not run a stakeholder process when appointing the Interim or Acting Directors, understanding a longer stakeholder process is needed for permanent appointments.” Continue reading “Arts Commission Chairs Resign Amid Furor Over Durkan’s “Surprise” Arts Director Appointment” →

Arts, Mayor Durkan, Parks, Police

City’s Decision to Deny Permit for Event Commemorating Art at CHOP Could [UPDATED: Did] Backfire

By Erica C. Barnett

UPDATE: On Thursday afternoon, the ACLU of Washington and Public Defender Association sent a letter to the city attorney’s office, along with several city department leaders, calling the decision to deny CHOP Art’s permit “unconstitutional” and saying “we may need to take emergency legal action” if the city doesn’t act. The says the denial was clearly based on the content of the event itself rather than any legitimate “safety” concerns.

The city, as we reported this morning, has claimed that community members have said that any event commemorating CHOP, including an event celebrating the art of the protest, “would be disturbing or even traumatic” and that they applied a higher-than-usual safety standard because of violence that occurred during last year’s protests.

Original story follows.

Mark Anthony doesn’t know why the city declined his permit for an event in Cal Anderson Park after working with his group, CHOP Art, for the last eight months, but he has a theory: “I think that it got up to the mayor’s office, and I think they’re trying to say that CHOP itself is something that’s violent or negative, which isn’t true,” he said.

Capitol Hill Seattle was first to report on the city’s last-minute decision to deny a permit for a long-planned street fair this coming weekend commemorating the one-year anniversary of last year’s Capitol Hill Organized Protest. CHOP turned into a longstanding, entrenched protest area after Mayor Jenny Durkan and her police chief, Carmen Best, responded to protests against anti-Black police brutality by indiscriminately tear-gassing protesters and targeting them with blast balls, pepper spray, and other “less-lethal” weapons.

CHOP Art was formed to store and steward the art created at the event, which the city removed but promised to display at some later date. The location of the art is now unknown after a dispute between the organization’s founders that is still ongoing.

“They completely didn’t respond to me for over a week and a half, and then [Tuesday], three days before the event, they finally got back to me saying that due to the violence that has gone on in Seattle and the violent groups [at CHOP], they said that it was not going to be a safe environment.” — CHOP Art event organizer Mark Anthony

Anthony said his intent was to have a kind of “Black renaissance fair” on the site of the protest, with the blessing of the city’s Arts in the Parks program. “They’re the ones that reached out to me,” Anthony said, adding that he’s been meeting with Randy Wiger from the Parks and Recreation department regularly for at least six months to discuss the event. When the city told him they wouldn’t support “anything in relation to CHOP,” Anthony said, he changed the name of the event, “removed every reference to CHOP,” and reframed it as a Juneteenth celebration.

“They completely didn’t respond to me for over a week and a half, and then [Tuesday], three days before the event, they finally got back to me saying that due to the violence that has gone on in Seattle and the violent groups [at CHOP], they said that it was not going to be a safe environment,” Anthony said.

The Parks Department responded to PubliCola’s questions by providing a brief statement saying that they denied the permit because of community concerns. “We have heard from community members expressing concerns that any events celebrating or commemorating the events that occurred at Cal Anderson in summer of 2020 would be disturbing or even traumatic to the community,” the statement said.

In response to a followup question about which community members had opposed the event, a Parks spokeswoman said, “We heard from neighbors, artists who had previously worked with the CHOP Art group, and other members of the general public that the proposed event would be traumatic considering both the destruction to the park and the acts of violence that took place last summer.”

Charlotte LeFevre, an organizer of the Capitol Hill Pride March and Rally, said she was disappointed but not surprised that the city denied Anthony’s permit. “It’s infuriating that the city did the same thing they’re doing to Anthony they did that to us in 2017,” she said, when “the city yanked our permit before our scheduled National Pride march.” (The controversy over that event got wide coverage at the time.)

“The city does not have the right to deny a person or an organization the right to schedule a community public event in a public park based on so called perceived security risks,” LeFevre said. Continue reading “City’s Decision to Deny Permit for Event Commemorating Art at CHOP Could [UPDATED: Did] Backfire” →

Arts, Economy, land use, Maybe Metropolis, neighborhoods

Maybe Metropolis: Seven Must Dos for Seattle’s Recovery

Public right-of-way isn’t just for cars anymore.

by Josh Feit

In a recent opinion column for the Seattle Times, Seattle Metro Chamber of Commerce President and CEO Rachel Smith and Downtown Seattle Association President and CEO Jon Scholes published “7 ‘must dos’ for downtown Seattle’s recovery,” a prescription for renewing downtown after the pandemic. Their list is premised on the idea that, “Every great city has a great downtown. Downtowns are the heartbeat of a region.” In other words, downtowns make the city go.

I like a lit-up downtown as much as anyone, but their column represents pre-pandemic thinking. The focus on “saving downtown” that’s emerging right now (most recently as a nascent local campaign issue) is a revamped version of a bygone Seattle policy agenda dressed up as urbanism; while it appears to be about bright lights and big cities, following this fussy narrative will simply drag us right back to where we’ve always been stuck: In a mindset that promotes suburban seclusion within the city itself.

There are certainly some important ideas on Smith and Scholes’ list, especially their calls for a robust transit system and for keeping shovels in motion on major infrastructure projects (which repeats the mass transit shoutout). Additionally, two of their seven agenda items, which I see as intertwined—activating public space and making it easier for entrepreneurs to set up shop—are also smart.

But these concepts are more urgent and relevant in the rest of the city; promoting them as downtown ideas runs the risk of reiterating and re-instituting a false dichotomy that has set Seattle off course for decades: The old-fashioned idea that downtown, not the rest of the city, is the only place for growth and energy.

The post-pandemic focus for making Seattle vital again should be on harnessing the new neighborhood energy—not sending it back downtown.

What we’ve actually learned during the past year not spending much time downtown is this: neighborhoods are the magic quadrants of cities. I don’t mean this in the trite, anti-downtown tribalist way of the old neighborhood movement, which saw every public-private partnership as some elitist conspiracy to crush the Wedgwood Community Council and rob the city of its authenticity. What I mean—as I’ve documented before—is that the past year has energized business districts outside the city center and alerted us to a new Seattle model. The post-pandemic focus for making Seattle vital again should be on harnessing the new neighborhood energy—not sending it back downtown.

Our past strategy of channeling city action to core neighborhoods such as downtown and Capitol Hill has prevented density in other sectors of the city, which has led to a housing shortage, and thus untenable housing prices. It also makes for dull neighborhoods.

The good news is: There are signs we’re moving in a new direction. Talk of sticking with outdoor street dining is already afoot. And just look at one of the key items on the DSA/Chamber list: “Completion of major infrastructure projects.” This item (unwittingly?) pinpoints where the real focus already is and should be.

Their first example? Light rail expansion. Well, light rail already exists downtown. The bulk of the expansion is coming to the non-downtown neighborhoods. Starting this year, that means the University District, Roosevelt, and Northgate. In 2023, that means Judkins Park (perhaps the most underrated and overlooked transformative capital project in the city!) After that, it means four stations from SoDo out to West Seattle and nine stations from the International District out to Ballard.

Continue reading “Maybe Metropolis: Seven Must Dos for Seattle’s Recovery” →

Arts, human services, Mayor Durkan

Shakeups at the City: Durkan Announces New Interim Directors for Human Services and Arts Departments

By Erica C. Barnett

Seattle Human Services Department interim director Jason Johnson—interim, since 2018, because the city council declined to approve his nomination after a series of contentious hearings—is leaving his position at the end of the year. In his place, Mayor Jenny Durkan is appointing King County Housing Authority senior policy director Helen Howell on an interim basis “while the City embarks on an inclusive, nationwide search for the permanent director,” according to a press release announcement the appointment.

Interim deputy mayor Tiffany Washington—who just replaced Shefali Ranganathan in the mayor’s office—will head up the search for a permanent director.

Johnson will officially leave the city on January 15, but will be taking a “long planned vacation” starting next Monday, he told staff in an email. “My work throughout 2020 has been on borrowed time,” Johnson’s email continued. “As you may recall, I delayed an earlier announced departure from HSD in order to help the City and our partners respond to COVID-19, develop the department’s 2021 budget, and to ensure the governance structure of the regional homelessness authority was launched and positioned to hire a CEO. … This was not an easy decision for me to make—especially given how much the department is holding at this time—but with these priorities accomplished and in good hands, it is time for me to step away. ”

Howell, the new interim director, is also the former executive director of Building Changes, a Seattle-based group that focuses on homelessness.

Howell is In 2016 and again in 2018, Howell wrote op/eds for the Seattle Times promoting diversion—programs to move people from homelessness to better housing situations, such as “getting back in the good graces of a previous landlord or negotiating with a relative who can offer a place to stay”—as “a common-sense and cost-effective strategy that helps families identify immediate options for housing without relying on housing provided by or subsidized through the homeless system.”

In 2005, she stepped down from her position as director of the state Department of Financial Institutions. According to a Seattle Times report, she was popular with consumer advocates—and unpopular with the institutions she regulated, including payday lenders—because of her focus on consumer protection. She was also the head of Washington state’s Obama delegation in 2008 and one of 11 applicants to fill Dow Constantine’s county council seat when he was elected county executive in 2009.

The Human Services Department is transferring much of its role overseeing Seattle’s homelessness system to the King County Regional Homelessness Authority next year, although HSD will continue to oversee outreach to unsheltered people through the new HOPE team established in the 2021 city budget. Encampment removals, once the purview of the Navigation Team and largely halted during the pandemic, will likely resume to some extent next year, although it’s unclear how the responsibility for future removals will be distributed among the various departments that are responsible for them now.

Johnson officially resigned his position at the end of February, but stayed on because of the pandemic, which required major shifts in how the city responded to homelessness. The city council decided not to approve his appointment, in part, because several members felt he did not respond adequately to questions about his willingness to make decisions independent from Mayor Jenny Durkan, his commitment to race and social justice, and his lack of responsiveness to questions about layoffs at the homelessness division, among other issues.

In a statement, Mayor Jenny Durkan praised Johnson’s decision to stay on board during the pandemic. “His quick and decisive actions kept our most marginalized communities safe throughout the pandemic,” Durkan said. “Because of his vision and leadership, the Human Services Department is primed to build on these efforts for years to come.”

Although the job of HSD director will be less directly focused on homelessness in the future than it has been under Johnson, the new director will also be in charge of a perpetually dissatisfied Homelessness Strategy and Investment division that has been bleeding staff due to uncertainty over whether and when they’ll get jobs in the new RHA; the delayed hiring of a CEO for that authority has exacerbated the uncertainty.

Durkan also announced two other departmental shakeups this morning: Randy Engstrom, the longtime director of the city’s Office of Arts and Culture, will be replaced by current deputy director Calandra Childers on an interim basis. According to Durkan’s announcement, Engstrom “will turn his attention to teaching, advocating for national cultural policies, and spending time with his family.”

Durkan is also replacing the acting director of the Office of Emergency Management, Laurel Nelson since longtime director Barb Graff left (only to come back temporarily to head up the city’s COVID emergency response) in 2019, will be headed by Curry Mayer, who was most recently director of Bellevue’s Office of Emergency Management.

Arts, Business, City Council, Economy, Maybe Metropolis, Mayor Durkan, Transit, Urbanism

Maybe Metropolis: Night Vision

by Josh Feit

Mayor Jenny Durkan’s proposed 2021 budget eliminated a position that the city’s cultural community believes is essential, particularly as the COVID-19 crisis is strangling city nightlife: The Nightlife Business Advocate, also known as the Night Mayor. Fortunately, city council member Andrew Lewis took quick action to restore the position last month, getting four more council members—a majority—to sign on as cosponsors to his budget amendment.

The $155,000 save is on track to be part of  next week’s budget deal. I point out Lewis’ pivotal role because he’s the youngest council member (he just turned 31 this week), and still values nightlife as an attribute of city life. “It’s always bothered me that nightlife is seen as something that needs to be managed,” Lewis told me. “I think it’s something that needs to be cultivated.”

That’s essentially what the position, a formal liaison between nightlife businesses and city regulators, was created to do: Nightlife Advocate Scott Plusquellec helps music venues navigate the city’s complex licensing and permitting bureaucracy as well as helping with state regulators such as the Washington State Liquor and Cannabis Board. (Plusquellec was a legislative staffer in Olympia before coming to work at the city.)

The position was created in 2015 and housed in the Office of Economic Development’s Office of Film + Music under the office’s then-director Kate Becker. A veteran of Seattle’s music scene (and its storied battles against things like the Teen Dance Ordinance), Becker was both a founding member of all-ages venue the Vera Project and the Seattle Music Commission. When Becker left in early 2019 to take a job with King County Executive Dow Constantine as the County’s first Creative Economy Strategist, Plusquellec lost his high-level ally.

Becker was never replaced. After Becker left, Plusquellec reportedly had to write up a memo explaining his position to Mayor Durkan’s new OED director Bobby Lee, who started heading up the department in the summer of 2019. Judging from the mayor’s proposed cut, the new regime was not convinced.

Continue reading “Maybe Metropolis: Night Vision” →

Arts, Maybe Metropolis, Urbanism

Maybe Metropolis: Improvising in the Time of COVID

by Josh Feit

A dazzling array of posters adorns the entrance to the Crocodile, Seattle’s destination music venue on 2nd Avenue in Belltown. The colorful posters are an eerie museum of ghostly show bills announcing 2020 concerts that never happened: Wye Oak March 20; Vundabar March 30; Lords of Acid April 13; Patoranking April 26; Juana Molina May 5, Gioli & Assia May 6.

For your convenience, I made a Spotify playlist called “Museum of Lost Shows” commemorating the Crocodile’s spectral season.

“A survey of 51 King County music venues revealed that in the first few months of [COVID-19] 2,100 events were canceled, 650 staff were laid off, and 17,000 musicians’ paid gigs were canceled,” according to Keep Music Live, a relief fund started by local music community advocates who have a goal of raising $10 million to keep Washington state’s small venues (under 1,000 occupancy) open through and after the pandemic.

Their rallying cry that “music venues are hubs of a cultural and economic ecosystem that make Washington’s cities vibrant” is borne out by the numbers. According to the National Independent Venue Association’s 2019 Seattle impact report on live music venues, Seattle clubs generated nearly $67 million in direct economic impact, employed 1,200 people, and sold 1.3 million tickets last year. In short: When it comes to the defining attributes of successful cities, creative music scenes are on the list right alongside dense housing, jobs, universities, mass transit, restaurants, regional medical facilities, cultural diversity, and the fine arts.

Support PubliCola

PubliCola is supported entirely by generous contributions from readers like you. If you enjoy breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported site going—and expanding!

If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. We’re truly grateful for your support.

A line around the block for a music show is a political win for any city planning office. Be it Seattle’s Comprehensive Plan or a Saturday night out, SDOT planners and Kremwerk DJs are both trying to figure out how to make things last.

When it comes to the arts, you make it last by getting creative.

So, it’s with some Seattle pride that I note this bit of city planning news: Despite the empty stages, quiet dance floors, lonely box offices, and locked club doors, Seattle’s Earshot Jazz Festival is improvising this year’s programming by partnering with Town Hall Seattle, the Royal Room, and the Langston Hughes Performing Arts Institute to make sure the festival goes on with a series of virtual shows.

With outstanding local jazz acts like the Johnaye Kendrick Quartet (Friday, October 23), Marina Albero (Sunday, October 25), the Benjamin Hunter Quintet (Saturday, November 7) taking the stage for live feeds from the aforementioned venues, Earshot will be streaming a series of 25 shows over four weekends this month and into November. It’s a scaled-back version of the festival’s typical 60-concerts-in-30-days tradition, but the resilience of our nationally recognized festival, which debuted in 1989, is an example of Seattle’s crafty and incorrigible arts scene. Continue reading “Maybe Metropolis: Improvising in the Time of COVID” →

Affordability, Arts, City Council, Courts, Density, Development

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!

Arts, campaign finance, City Council, Density, Development, Elections, housing, Morning Crank, Politics

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.

Support

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.

Arts, City Council, Density, Development, Historic Preservation, housing, zoning

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.

Support