Category: Equity

Washington Can’t Wait for Action on Equitable Housing and Climate Change

Tents on 4th Avenue, downtown Seattle

By Deborah Beckwin

Last January, I moved to Seattle from Florida and was disheartened by the lack of affordable housing—not only for me, but for unhoused folks.

A couple of weeks after my arrival, I was welcomed with about a foot of snow—an example of the kind of extreme weather that’s becoming more common in our region due to climate change. Although this was a temporary inconvenience and a little bit of fun for most of us, our unhoused neighbors were dealing with colder temps and a lot of snow, wet, and cold.

These two issues, climate change and a lack of affordable housing, collide and create unlivable conditions for everyone, but especially those experiencing homelessness.

As I started to venture out into Seattle, I started to see the tents and the RVs, as well as the places where unhoused folks called home, like downtown, SoDo, Ballard, and Belltown. As someone who has worked as a social worker with people who have a history of homelessness and severe mental health issues, I found it a very bewildering experience. Seattle is so wealthy and progressive. How is this happening? Why is it continuing to happen?

And then, a few months later, there was record heat in late June and wildfires. Choking smoke kept me indoors and had me purchasing an air filtration system. I was lucky to even have air conditioning.

But other people were not so lucky. Other people died—at least 13 people due to heat exposure. Our unhoused neighbors took the brunt of those unseasonably hot and smoky days.

And then, there was the recent deep freeze which brought Christmas snow and ice that didn’t melt for a week. Then the snow melted and there was yet another atmospheric river, bringing down inches of rain, causing flooding.

House Bill 1099, which came close to passing last year, would require local governments to address the impacts of climate change in their comprehensive plans by reducing vehicle miles traveled and cutting greenhouse gas emissions—offering local governments an array of options to help stem the tide of climate change.

You can look at all this and feel helpless and demoralized. It can be scary and overwhelming. But there is so much we can do to tackle our current climate emergency and to make sure that everyone is in safe and affordable housing.

One immediate thing we can do, right now, is support two pending bills in the Washington state legislature. We have a unique opportunity to shape the next 10 years and beyond and create a more equitable city and state by updating Washington’s Growth Management Act, which limits sprawl beyond city boundaries.

So let’s start with what’s already been accomplished.

Legislators passed HB 1220 in 2021, forging a way for creating more equitable housing by dismantling the racist and income-based discriminatory state housing policies that have caused people to become displaced, including our unhoused neighbors. The new law prohibits cities from banning shelter and housing for people experiencing homelessness and encourages the development of accessory dwelling units (ADUs), such as backyard cottages, in cities. It also requires cities with comprehensive plans, such as Seattle, to plan for more affordable housing for people at all income levels, establish anti-displacement policies, and address discriminatory and exclusionary housing rules and regulations. Continue reading “Washington Can’t Wait for Action on Equitable Housing and Climate Change”

Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget

1. Starting January 1, King County will a new interim sheriff: Patti Cole-Tindall, previously an undersheriff in the King County Sheriff’s Office, will assume the role until County Executive Dow Constantine appoints a permanent sheriff in mid-2022.

Last year, county voters approved a charter amendment that sets up a process for appointing, rather than electing, the King County sheriff. Tindall will be King County’s first appointed sheriff in more than two decades.

Before joining the sheriff’s office in 2015, Tindall served as both the director of the county’s labor relations unit and interim director of the Office of Law Enforcement Oversight, an independent agency that investigates misconduct and systemic problems in the sheriff’s office.

At a press conference Tuesday, Tindall said that she doesn’t plan to apply for the permanent sheriff or for permanent chief of the Seattle Police Department, the two most prominent law enforcement job openings in the county. “I see my value in this appointed process as being there to help the permanent sheriff be successful,” she said. The county council, with input from a panel of sheriff’s staff, community members and local government representatives, is still reviewing candidates to become the permanent sheriff.

Constantine also debuted his proposal to provide hiring and retention incentives for sworn sheriff’s officers, which county council budget chair Jeanne Kohl-Welles introduces as an emergency amendment to the county’s 2022 budget today. The proposal would provide $15,000 to officers who transfer from other departments, $7,500 to new hires, and a one-time $4,000 bonus to every officer in the department. Constantine argued that while the sheriff’s office, which has 60 vacant officer positions, isn’t currently struggling to meet demand, the incentives might help attract and retain officers as a growing number of officers reach retirement age.

King County Police Officers’ Guild (KCPOG) President Mike Mansanarez told reporters he supports the hiring and retention incentives. His counterpart at the Seattle Police Officers’ Guild, Mike Solan, voiced his skepticism about a similar hiring incentive program introduced by Seattle Mayor Jenny Durkan in October.

2. On Monday, the Seattle City Council approved a $7.1 billion 2022 city budget that provides new funding for the King County Regional Homelessness Authority, preserves the JumpStart payroll tax spending plan while restoring the city’s depleted reserves, and keeps Mayor Jenny Durkan’s proposed budget for the Seattle Police Department largely intact, shaving about $10 million off the mayor’s initial $365.4 million proposal.

As budget chair Teresa Mosqueda emphasized twice on Monday, the budget the council adopted doesn’t require SPD to lay off any officers, nor does it eliminate any officers’ salaries. Instead, the council saved $2.7 million by assuming SPD will lose more officers next year than Durkan’s budget projected—125, instead of 91—and moving their unspent salaries out of SPD’s budget. Continue reading “Afternoon Fizz: New Sheriff In Town, Council Adopts $7 Billion City Budget”

Judge Strikes Homelessness Charter Amendment from Ballot; King County Equity Now Gets New City Contract

1. Late Friday afternoon, King County Superior Court Judge Christine Shaffer struck Charter Amendment 29, the “Compassion Seattle” homelessness initiative, from the November ballot, agreeing with opponents of the measure that it went beyond the scope of the initiative process. Specifically, Shaffer said, the amendment attempted to overrule the city of Seattle’s authority to determine its own homelessness and land-use policies—authority granted to local jurisdictions by the state legislature that cannot, she said, be overturned by an initiative at the local level.

The amendment, if adopted, would require the city council to spend a minimum of 12 percent of its general fund revenues on homelessness, dictating further that in the first year, that money would have to pay for 2,000 new units of “emergency housing” (shelter). It would also change local land use and zoning laws by requiring the city to waive code requirements, regulations, and fees to “urgently site” the projects it would mandate.

The groups that sued to remove the proposal from the ballot, including the Seattle/King County Coalition on Homelessness and the ACLU of Washington, argued that the voters of Seattle lack the authority to overturn these sort of legislative decisions, and that the amendment would effectively undo the agreement the city and county made to create the new King County Regional Homelessness Authority. Judge Shaffer agreed.

“There’s a direct effort in Charter Amendment 29 to control the city’s budgetary authority and that is not disputed in this record, any more than the efforts to control zoning and land use is disputed,” Shaffer said. “These are measures specifically required by Charter Amendment 29, and they both are outside the scope of a proper initiative in a way that is not even close. There are so many prior Supreme Court cases on both those topics.”

In arguing for the amendment, Compassion Seattle’s attorney Tom Ahearne said the court should let the proposal move forward and give opponents a chance to challenge it if and when it’s adopted. “When thousands of voters have signed a petition, opponents should not be able to hold the people’s measure hostage, merely because it opposes the policy or raises questions about the measure’s validity,” he said. “Instead of rushing to suppress the vote, this court should allow citizens to consider this charter amendment in November, and if citizens adopt it, allow the plaintiffs’ claims to be fully litigated and resolved through the trial court and appellate process.”

Judge Shaffer said she personally liked the solutions proposed in the amendment, and might vote for it if it was on the ballot. “But as judge,” she continued, “it cannot stand, and I am required to strike it from the ballot.”

“Judge Shaffer’s ruling affirms well-established limits to the local initiative process and recognizes the importance of the proper functioning of our democratic systems,” ACLU of Washington staff attorney Breanne Schuster said in a statement. “We are pleased that CA 29 will not stand as an impediment to solutions that meaningfully address our housing crisis and do not punish people for trying to meet their basic life-sustaining needs like shelter, sleep, and food.”

In a statement issued after the ruling, the Compassion Seattle campaign said that while they were “gratified that Judge Shaffer said that she would have voted for Charter Amendment 29 if given that option, we strongly disagree with her ruling today denying Seattle voters the opportunity to have their voices heard on the number one issue facing our city.” Because an appeal could not play out before the November election, the campaign continued, “We can still make our voices heard in the elections for Mayor, City Council, and City Attorney. In each race, the difference between the candidates is defined by who supports what the Charter Amendment was attempting to accomplish and who does not.”

2. Last month, Seattle Mayor Jenny Durkan and the city’s Human Services Department (HSD) announced that 33 community organizations would share the $10.4 million set aside to invest in “community safety capacity building,” one of many simultaneous efforts to support non-law enforcement approaches to public safety sparked by last summer’s protests.

One of the groups that will receive funds is King County Equity Now (KCEN), the coalition-turned-nonprofit that led the push for a city-wide participatory budgeting program—and, when the council supported their plan, took the reins of the Black Brilliance Research Project, intended to lay the foundations for public-safety-focused participatory budgeting in Seattle. KCEN’s brief tenure as a city sub-contractor ended ignominiously when the project’s head researchers left the organization because of alleged financial mismanagement, as well as alleged mistreatment of queer researchers and researchers born outside Seattle. The group lost their city subcontract, and the research project finished weeks later without KCEN.

But after several months out of the spotlight, KCEN is making its quiet return to the world of city contracting. With the new grant, KCEN says it will partner with “incredible local Black-led housing service providers, like First Place Schools [a charter school provider] and Monica’s Place,” a housing development in the Central District, to conduct another research project. KCEN initially asked for $789,391; however, HSD capped grants at $585,410 because of the volume of applications. The group will have a new fiscal sponsor—Parents for Student Success, a nonprofit cofounded by King County Equity Now board chair Dawn Mason.

This second project will include “an inventory of Black community resources, hubs, places to tap in, needs, current and potential Black partnerships, current policies successes, failures, and gaps to address anti-gentrification and spatial community toward building holistic support,” according to KCEN’s response to the city’s request for proposals. The core question that would guide KCEN’s proposed research—”what does community safety and wellness look like for you in place?”—is nearly identical to the central question of the Black Brilliance Research Project. The results of the research, they wrote in their proposal, would help them and their partners create “scalable, replicable anti-gentrification models.”

The organization asked for funds to pay existing staff, to hire more people to work on the new research project, and to pay for consultants, office space, and supplies.

Since the organization’s unwilling exit from the Black Brilliance Research Project, KCEN has focused on anti-gentrification projects; the group is an offshoot of the Africatown Community Land Trust, which focuses largely on land acquisition in the Central District.

During the Black Brilliance Research Project, measuring the success of multiple wide-ranging research teams became a key challenge for KCEN. In their latest grant application, KCEN says they will track their project’s success by assessing the number and “effectiveness” of their community meetings and workshops, the “thoroughness” of their partnerships and the “quality and reach of community-led research,” among other metrics.

Fizz: SPD Asks to Spend $15 Million in Salary Savings; Council Okays Durkan’s Equitable Communities Contracts

1. The Seattle City Council’s public safety committee heard a presentation on Tuesday morning outlining SPD’s proposals for spending more than $15 million in unspent salaries—a byproduct of skyrocketing attrition within the department, including 100 departures in the first six months of 2021 alone.

There are currently two pots of unspent money in SPD’s budget. Last November, the council passed a series of provisos preventing the department from spending roughly $9 million until SPD complied with some of the council’s reform goals; one of those provisos specifically captured $5 million of any salary savings SPD incurred as officers left the department in droves. But the department’s staffing woes have escalated, leaving the department with far more unspent salary dollars than anticipated—more than $10 million of which isn’t captured by the council’s provisos.

According to SPD budget director Angela Socci, the department needs to keep those savings to handle internal crises that arose over the past year—a proposal that counts on the council lifting provisos, and one that wouldn’t allow the council to redirect most the savings to newer, non-police public safety programs. In fact, SPD has already started using some of the $15 million to cover separation costs for departing officers, as well as to pay officers overtime to fill in gaps in patrol shifts. The department also began spending money on consultants, including a contract with the National Institute for Criminal Justice Reform that determined the city could eventually shift half of SPD’s current emergency call load to other responders.

The department’s decision to spend salary savings without the go-ahead of the council raised some eyebrows Tuesday. “Is it an accepted budget practice to move forward on spending in areas that the council hasn’t authorized yet,” asked councilmember Lisa Herbold, who chairs the committee.

According to council central staffer Greg Doss, who led the presentation, SPD is allowed to shift dollars in its personnel budget around as needed—from salaries to separation pay, for instance.

But SPD presented a much broader array of spending proposals that will need support from the council and mayor’s office, including a vote from the council to lift provisos on the department’s budget. The requests include $1.5 million to hire new civilian staffers, including community service officers and public disclosure staff, as well as $520,000 for “hiring and retention incentives”; in total, the department’s proposed spending would use $13.7 million of the salary savings. A much smaller portion—only $1.5 million—would shift out of SPD’s budget to fund programs like the “Triage One” civilian response teams proposed by Mayor Jenny Durkan last month.

Council President Lorena González pressured SPD strategy director Chris Fisher to outline a plan for stemming the tide of officers leaving the department. “I think these numbers tell the story,” she said, “that SPD management have significant room for improvement for retaining the new officers and existing officers.”

Fisher responded that the solution to SPD’s attrition problems may lay outside of the department itself. “Many officers say that money helps, but if it were just about the paycheck, they could do something else that would make just as much with a lot less time away from family,” he told the committee. “They want to know that people are invested in the department, and that they are appreciated.”

But councilmember Teresa Mosqueda offered a more optimistic view of the situation, saying the council  “could create a chart that pairs a downward trend [in police staffing] with an upward trend in spending on community safety”—a goal, she said, that the council shouldn’t lose track of.

2. On Wednesday morning, Seattle Mayor Jenny Durkan signed legislation releasing $30 million from the city’s general fund to spend on racial justice-related programs recommended by the Equitable Communities Initiative Task Force—a group assembled by her office last October that included representatives from an array of prominent local BIPOC community organizations.

“There was talk that certain groups were being pitted against each other,” said councilmember Deborah Juarez, who also served as a member of the task force. “Guess what? That didn’t happen.”

The city council voted unanimously on Monday to lift a proviso on the $30 million, raising no objections to the plan laid out by the task force earlier this summer. The proposed investments include nearly $9 million to be spent on affordable housing and land ownership program for Seattle’s BIPOC residents, as well as $7.5 million to provide capital and technical support to BIPOC-owned small businesses.

In earlier discussions of the plan, some councilmembers raised questions about the potential for overhead costs to consume an outsized proportion of the $30 million. Chris Lampkin, a task force member and political director with SEIU 1199NW, told the council’s finance meeting on July 20 that “most of the funding recommendations are intended to channel money directly to community through existing programs, as opposed to spending money to stand up new programs.”

The task force, which began as follow-up to Durkan’s ambitious promise last summer to invest $100 million in BIPOC communities, faced early public opposition from some activists, who argued that the group would butt heads with the council’s own participatory budgeting plan. The Seattle City Council also cut the project’s budget from $100 million to $30 million, directing the rest to the participatory budgeting process and other priorities that predated Durkan’s proposal.

But the council’s brief discussion on Monday suggested that most of the anticipated tensions surrounding the task force dissipated over the past half-year. “There was talk that certain groups were being pitted against each other,” said councilmember Deborah Juarez, who also served as a member of the task force. “Guess what? That didn’t happen.”

Federal Judge Doesn’t See Path Yet Toward Ending Consent Decree

By Paul Kiefer

For the first time since the pandemic began more than a year ago, representatives from the US Department of Justice, Seattle City Attorney Pete Holmes, and other police oversight figures gathered for a status update on Seattle’s consent decree—a nearly decade-old agreement empowering the DOJ to oversee police reform in Seattle.

Though the city has spent years re-working Seattle Police Department policies and training to satisfy several of the court’s key expectations including reductions in the use of deadly force by police officers, Seattle’s progress slipped in the past three years—in part because of a widely-criticized 2018 Seattle Police Officers’ Guild (SPOG) that undercut landmark improvements to the city’s police oversight system. That reversal on reforms, along with the SPD’s heavy-handed response to last Summer’s Black Lives Matter protests, raises the prospect that Seattle will remain under the consent decree for much longer than expected.

Federal District Court Judge James Robart, who has overseen the consent decree since its conception in 2012, is grappling with two key questions as he tries to determine the path forward: First, whether the city and police department has successfully re-implemented police oversight reforms that the (SPOG) contract wiped out; and second, whether SPD’s response to massive citywide protests in 2020 will set back the city’s progress towards ending the consent decree.

Tuesday’s hearing at the US District Courthouse in downtown Seattle did not provide Robart with clear answers on either front. While making a case that the city has made progress towards meeting the court’s demands, City Attorney Pete Holmes pointed to some notable accountability victories in the past three years. Unfortunately, he offered no promises that the upcoming SPOG contract negotiations won’t upend the city’s commitment to accountability. Meanwhile, Dr. Antonio Oftelie, the court-appointed consent decree monitor who acts as Robart’s eyes and ears on police oversight, told the judge that his team is still reviewing last summer’s SPD response to protests; they won’t decide whether SPD’s actions during the Black Lives Matter protests put the city out of alignment with the consent decree until the end of 2021, he said.

The hearing came at a critical point for the future of the consent decree. In its tenth year, a growing number of community activists argue that the consent decree has become an obstacle to efforts to downsize SPD and invest in alternatives to traditional policing. But an array of unknown variables—including the next contract with SPOG, which the city will likely begin negotiating in the next six months—raise the possibility that the consent decree could end up shaping Seattle’s police reform efforts for years to come. “This was supposed to be a five-year gig,” Judge Robart quipped; instead, come January, Seattle will inaugurate its fifth mayor since the consent decree began.

“My role is to tell you when you don’t get things right,” he said, “not how to do things.” —Federal District Court Judge James Robart

During Tuesday’s hearing, Robart took time to criticize the Community Police Commission (CPC), a civilian group that acts as a quasi-think tank on police accountability, for filing a request on July 27 to direct Oftelie’s monitoring team to take a more active role in SPD accountability, including in negotiations with police unions. Edgar Sargent, an attorney representing the CPC, told Robart that union negotiations are really just “a black box,” and suggested the monitoring team should be privy to union contract negotiations and provide progress updates directly to the court.

Continue reading “Federal Judge Doesn’t See Path Yet Toward Ending Consent Decree”

It’s Time for a Biden-Era Mandatory Housing Affordability Plan

by Josh Feit

The report is out. Mandatory Housing Affordability: Fail.

With such solid results, how can I say that?

It’s true, the numbers are impressive. MHA dollars accounted for 45 percent of the city’s affordable housing spending in 2020, or $52.3 million. (MHA actually brought in $68.3 million total last year, and the city will carry over the additional $16 million in MHA money for 2021 affordable housing projects.)

And while the longtime Seattle Housing Levy’s $56.7 million accounted for more of 2020’s affordable housing spending, 48 percent, MHA actually created 110 more rent-restricted units than the venerated levy—698 funded by MHA versus 588 funded by the levy.

In short, this brand-new inclusionary housing mechanism, which came online in 2019 after five years of old-school neighborhood lawsuits and challenges, more than matched the levy, a 40-year-old property tax program that cost homeowners a median of $122 a year in 2016.

MHA is an affordable housing mandate that upzoned a sliver of Seattle’s exclusive single-family areas while requiring developers to either pay a fee, which goes into an affordable housing fund, or build a percentage of affordable units on site. MHA applies to every new multifamily or commercial building in the city. And it costs you nothing. Oh, and the $52.3 million for 698 units doesn’t even include the 104 on-site affordable housing units that MHA created; the city does not track on-site units as affordable housing dollars.

So, with such glowing stats, why “fail?”

I mean it the same way Obama’s $800 billion stimulus package was a failure and Democrats are now applauding Biden for going big on his $4.1 trillion infrastructure plan. In other words, if we’re getting a nearly-$70 million-a-year bang for our buck on affordable housing dollars from the polite MHA upzones the council passed in 2019, it’s time to do a Biden and go bigger.

If a bumper-bowling upzone was able to create a fund comparable to the Housing Levy without raising any taxes, imagine what a grown-up upzone would do for affordable housing.

MHA only upzoned 6 percent of the city’s single-family zones, which make up around 65 percent of the city’s developable land. Under MHA, the city also did some earlier upzones between 2017 and 2019 in parts of six  neighborhoods where some density was already allowed, such as downtown, the University District, South Lake Union, and 23rd Avenue in the Central District

Back when the council passed the final pieces of MHA two years ago, the city’s two at-large council members, Lorena González and Teresa Mosqueda, were already playing Elizabeth Warren to the mayor’s Larry Summers. Caving to pressure from the slow-growth Seattle Times, former mayor Ed Murray scrapped his initial MHA upzone proposal, which would have raised the ceiling on height regulations in single family zones at large.

“For some, this housing affordability legislation goes too far,” González said from the council dais when the council passed MHA in March 2019, “for others it does not go far enough.” It was clear which side González was on. “So, let’s chat a little bit about that dynamic,” she said. “Contrary to the name of the Select Committee on Citywide MHA, this legislation is not even close to citywide. This legislation impacts a total of only 6 percent of existing areas currently and strictly zoned as single family home zones. That means even with the passage of MHA legislation, approximately 60 percent of the city of Seattle is still under the cloud of exclusionary zoning laws.” She went on to give a history lesson of racist housing covenants in Seattle.

Councilmember Mosqueda sounded the same note. “I’m sad that we’re not actually having a conversation about citywide changes,” she said. “I think that’s the next conversation to have. Larger changes that create a more inclusive Seattle. Again, this is just an effort to look at 6 percent of the single family zoning in our city.”

González is running for mayor this year, and Mosqueda is backing her. Here’s hoping González is actually committed to doing something about “the cloud of exclusionary zoning.” Not only because it will help create a more inclusive city, but according to the numbers, it would be good affordable housing policy.

Think about it. If a bumper-bowling upzone was able to create a fund comparable to the Housing Levy without raising any taxes, imagine what a grown-up upzone would do for affordable housing. While we created 1,300 units last year, we should be building a total of 244,000 net new affordable homes by 2040, according to the King County’s Regional Affordable Housing Task Force, or about 12,000 a year.

Another important stat, one that’s not in the report: $10 million of all MHA proceeds to date have come from developments within the sliver of city land that used to be zoned exclusively single-family.

Upzoning the rest of the city—the part that remains exclusively single-family—would certainly help. Another important stat, one that’s not in the report: $10 million of all MHA proceeds to date have come from developments within the sliver of city land that used to be zoned exclusively single-family.

This is noteworthy. Here’s why. There are three main streams of MHA money: first, payments from developments in selected multifamily hubs that became subject to MHA in 2017, including parts of 23rd Ave. in the Central District, the University District, and Uptown; next, payments from developments in all multifamily zones, from the new MHA legislation that took effect in 2019; and also payments from developments in the upzoned sliver of former single-family zones.

Over the four years between 2016 and 2020, the hub upzones, which went into effect earlier, have generated about 60 percent of the money from MHA, most of that in 2020. But since 2019, when MHA dollars started flowing in from the multifamily areas and the former single-family areas, nearly a third of the additional money from those new revenue sources—$10 million of $36 million remaining total—has been from development in the sliver that used to be single-family.

That outsized stat indicates just how attractive these formerly verboten zones, which sit on the edges of existing urban centers and urban villages, are for new housing. If we actually upzoned all of the city’s exclusive single-family areas, instead of just six percent, we’d have a better chance at generating the money to build the affordable housing stock this city needs.

While the upzoned former single-family zones did generate $10 million for affordable housing, there is another MHA fail. None of the on-site MHA housing was built in those areas. That needs to change. Opening up the entire city to multifamily housing, as opposed to the begrudging 6 percent allotted in MHA, would create more options for on-site multifamily development in these zones themselves. Hopefully, the next conversation about upzones will address how to actually put multifamily housing in amenity-rich SFZs.

The name of this column is Maybe Metropolis. My verdict on MHA?  Emphasis remains on “maybe” until we do mandatory housing affordability right and make it actually citywide.

Josh@PubliCola.com