Seattle City Council 5/20/19

Good afternoon.

Thank you for being here at City Hall the May 20th 2019 City Council meeting of the full Seattle City Council come to order It's 2 o'clock p.m.

I'm Bruce Harrell president of the council with the clerk.

Please call the roll her bold here Juarez Mosqueda here O'Brien put Chaco here.

So what?

Yeah Gonzales here President Harrell here a present.

Thank you very much.

I The record Council Member Baxter has an excused absence.

We sure will.

If there's no objections, today's introduction and referral calendar will be adopted.

Hearing no objections, the introduction and referral calendar is adopted.

If there's no objections, today's Agenda will be adopted, but I do believe Councilmember Herbold would like to propose an amendment.

Thank you so much.

I move to amend the proposed agenda by holding item 1 Council Bill 1192-88 until September 9th, 2019.

It's been moved and seconded to hold the legislation as described by Council Member Herbold.

Any other comments?

Council Member Herbold.

Thank you.

Just for folks who may be viewing at home or here in the audience, this action to move the vote on this bill until September 19th.

The bill in question is hate crimes legislation.

that passed out of my committee last week, and the date of September 9th, 2019 is the date that has been requested by the Director of the Office for Civil Rights as an opportunity to do additional engagement and a racial equity toolkit analysis.

I'm going to support the amendment.

I did want to state for the record that I've had discussions with the city attorney about this, as I'm sure you have and many of you have, that I fully support this kind of analysis being done, and I enjoyed our conversation this morning at the briefing table, because of the issue itself.

I think time is critical, and so I'm hopeful that before September, maybe we can either accelerate the work or have something a little more timely than that.

For purposes of today, I certainly support the amendment, but again, giving the increase of hate crimes that we are seeing in this city.

I think that we need to, our speed with which we work on this should reflect this increase, and so I'm sure you're all on top of that issue, but I'll support this till September, and we'll see if we can maybe accelerate it.

Thank you.

Any other comments on that amendment?

All those in favor of the amendment, please vote aye.

Aye.

Opposed?

The ayes have it.

And I'd like to make an amendment as well.

I'd like to move to amend the proposed agenda by moving agenda items 25 and 26, which is the clerk file 314425 and the council bill 119511. Before item one such that we can take care of that matter We have some public testimonies on that particular quasi judicial matter that we'd like to move to the front of the agenda and that we think that makes sense So I'm proposing to move those items Before item one second.

They're saying any discussion on that all those in favor of that amendment, please vote aye aye Opposed the ayes have it okay, having done that those in favor of approving the today's agenda As amended, please vote aye.

Aye.

Opposed?

The ayes have it, and today's agenda is amended as stated.

The minutes of the May 6 and May 13, 2019 City Council meetings have been reviewed, and if there's no objection, the minutes will be signed.

Thank you, the minutes have been signed.

Presentations, I believe Council Member Herbold has an exciting presentation and a very meaningful presentation that she'd like to share with us.

Thank you so much.

I am honored to present today to the council and to folks joining us today in chambers a proclamation honoring the life of Sharon Jones.

The proclamation itself identifies many of Sharon's attributes and the ways in which she has helped influence the work that we do here.

I'd like to read it, but before I get into that, just a couple words.

Sharon passed last month at the age of 66 from Lou Gehrig's disease, a myotrophic lateral sclerosis.

She was a real change vendor and had a frequent presence here at City Hall.

in her advocacy on behalf of folks experiencing homelessness.

I understand that Sharon had a lot of people in her, had a lot of pride in her home in Federal Way.

She wished to share the stability she had gained from having a home with others, and she was bringing her vision of the greatest love, homeless ministry, affordable housing community to life.

Sharon saw the risk and health impacts of homelessness and fought to change it.

And we're looking at these issues at city council too.

A 2018 King County medical examiner report shows that of the 194 known deaths of people experiencing homelessness in the county, the majority were by natural causes.

but at a median age 25 years younger than the King County average.

The recent auditor report on hate crimes provided background and data that people living sheltered are far more likely to experience violence and harassment due to their housing status.

In addition to Sharon's advocacy, her optimism, energy, and open-mindedness made her a beloved community member, and she will be deeply missed.

I'm very happy that we have some of her friends here with us today to join us.

And I know that we can rely on those folks to continue to push our city to better serve, protect, and represent people experiencing homelessness.

Thank you, Councillor Herbold.

Would you like to, were you going to read the proclamation?

If I could, yes.

Oh, please, please do.

Sharon Jones was born in Shrevepoint, Louisiana into an Air Force family.

And after succumbing to amyotrophic lateral sclerosis, she passed away in hospice care at the age of 66 on Sunday, April 28, 2019. Sharon Jones was a tireless advocate for people experiencing homelessness with a frequent presence in City Hall and a beloved part of the Real Change Resident Action Project and Top Pot Donuts communities.

Sharon Jones was active in local and statewide advocacy for homelessness services and affordable housing.

She modeled the importance of vision with her The Greatest Love Homeless Ministry Affordable Housing Plan that espouse the principles of housing first, resident self-management, transit-oriented development, and communities of opportunity.

Whereas in King County, three out of four extremely low-income households pay more than half their income towards rent.

And according to the 2018 Count Us In report, people of color, survivor of domestic violence, and people with disabilities are disproportionately represented in the homeless population.

And whereas the lack of affordable housing and rising rents are primary drivers of homelessness, and the trauma of living unsheltered takes a significant health toll.

And whereas a 2018 King County medical examiner report records that 194 known deaths of people experiencing homelessness, primarily by natural causes, but at a median age 25 years younger than the King County average.

And recent studies show people living unsheltered are as much as 19% more likely to experience violence than housed people.

And according to the Seattle Times, more than 10% of homicide victims in 2018 were homeless when they were attacked.

And Sharon Jones dedicated herself to changing these conditions by telling her story, using ingenuity to advance the public good, and highlighting structural barriers of racism and poverty.

Sharon was known for her reliability, her loyalty, her selfless attitude, despite the demands of commuting from Federal Way and working multiple jobs.

And whereas Sharon Jones's iconic greeting, I'm blessed and well, reflects the optimism and humility by which the city strives to approach public service and work to end suffering.

And whereas the city of Seattle and its elected leaders mourn the loss of Sharon and graciously celebrate her life, and the efforts to affect justice.

Now, therefore, the Seattle City Council hereby proclaims May 14, 2019 to be honored for the life and service of Sharon L. Jones.

Thank you, Council Member Herbold.

Before we suspend the rules, I want to make sure any other Council Members, if they'd like to say anything, We could hear from our guests, give you the opportunity.

If not, I will simply say that I thought it was just a great piece that your paper did to honor Ms. Jones, and she was, again, a remarkable human being, and many communities will miss her.

And I know she was a Seahawks fan, too, and so hopefully she'll still be watching some games from her new view, but she was certainly a loss.

So if no objection, we'll suspend the rules, and maybe we can hear from a guest or two.

And no pressure.

Don't know if, Tim, would you like to say a few words, or would any of you like to say a few words?

Can I take a picture with all of you, please, if you don't mind?

Thank you.

Ready?

1, 2, 3. 1, 2, 3. Awesome.

Thank you.

Thank you.

Thank you, Ms. Serpell, and thank you, city council members.

My name is Lisa Sawyer.

I've known Sharon Jones throughout the whole nine, throughout a little bit over seven years since I've been homeless.

Just recently, I got into housing in this past February.

During the time that I found out that Sharon died, my dad passed away.

So it was a double whammy.

I was told by Lisa Herbold's aide that this is going to be happening.

So thank you for taking this time for listening to us today.

Sharon Jones had a vision.

She had a vision that no one will be homeless.

She had this big huge plan on a property and that Homeless people will not have to worry about being outside.

Don't have to worry about being raped.

Don't have to worry about being beaten.

Don't have to worry about looking over their shoulder.

I am experiencing from a transition of being outside to inside.

For people that take a long time from being outside for so long, it does take a long time to transition.

I'm still looking constantly over my shoulders for being outside.

I'm still sleeping with the lights.

Sometimes I'm sleeping outside because I'm still at that mindset.

Sharon always brighten my day.

Every time I see her, she always says, bless and well.

And every Wednesday morning, we always see her at the office and she always asks what day it is and she keeps saying payday.

That was one first last I heard of Sharon.

That was the first day I started at Real Change.

Since I've been with Real Change, everywhere I went, Sharon was there.

She was with me at city council hearings, most of you know.

Some of you guys might know that she was also a part of the Resident Action Project through the Washington Low Income Housing Alliance.

She also She hosted a workshop just this past conference we had over in Yakima.

She's put everything out there just to see no one outside.

She even slept outside when we were all capping out in front of the city hall and up here.

Although she had a place, she thought it was best just to have a safe place and healthy, affordable housing.

I'm in a place that's over $1,000 for rent, with not just me, but me and my boyfriend.

What is affordable housing?

A lot of people keep asking me that.

Most people don't know, but a lot of people are on Social Security benefits.

Most people on social security benefits do not make over 700 a month sometimes even less Seniors should probably get a little bit more than that But most of people at homelessness is around my age i'm 32 probably 33 This is the time that we need affordable housing I am going to keep on fighting in memories of Sharon for affordable housing, and I can't wait to say that the three-day pay of vacate, no more.

Fourteen days, here we go.

And thank you guys for dedicating a day to Sharon Jones on behalf of Rail Change and the Resident Action Project.

You guys are the best, and I can't wait to talk to you guys again.

Thank you.

Thank you very much.

I'll be very brief.

My name is Shelly Cohen.

I've been up here many times trying to follow Ms. Real Change.

You can't follow her.

It doesn't happen.

Amazing woman.

I can't visualize another Ms. Real Change.

Now I'm gonna put one of my other hats on.

As a board member of Real Change, she will dearly be missed.

Improve on your good work.

It needs to be improved.

Thank you.

Thank you, sir.

Thank you.

City Council members.

Thank you.

Thank you, Council Member Herbold, for the presentation.

Okay, at this point, we'll move on to our public comment section, and I'll call you out in the order with which you were signed up.

And we'll start off with Brian Simpson, followed by Shelly Cohen.

Okay, very good.

So, go ahead.

It's Byron Simpson.

Byron, I'm sorry.

No worries.

My apologies.

Seattle's LGBTQ Commission would like to acknowledge and thank Council Member Herbold for her responsiveness to community input, including our own letter forwarded to Council on Friday, May 17th, and moving to delay the vote on Council Bill 1192.88.

We appreciate the extra time to consider the actual impacts of this bill.

We encourage council to vote against this bill unless the racial equity toolkit is able to confirm that there will be no increase in disproportionality related to the prosecution of black and native people in the city.

As council is aware, we have been found to be out of compliance with the Justice Department's consent decree.

And as such, we urge careful consideration at this time.

It is imperative that any future action regarding this legislation have robust community input from those most impacted by hate crimes and those most impacted by the racist and classist function of criminal justice in this city and this country.

Specifically, the input of Black and Native communities who are already over-policed and over-prosecuted.

While measures to address individual implicit bias are appreciated, we cannot train away systemic oppression, injustice, and inequality.

Thank you.

And those things are at the root of these crimes.

Thank you.

Thank you, Byram.

We've heard from Shelley, so we'll go to Dennis Saxman, followed by Joshua Dougherty.

Okay.

Thank you, Mr. Saxman.

Joshua Dougherty, followed by Troy Schroeder.

Good afternoon.

My name is Joshua Dougherty.

I'm here today as a volunteer for United Seattle, and I'm making this statement today because our homeless need help.

We cannot continue to store people in shack encampments and expect them not to end up back on the streets.

Shack encampments, like the Lake Union encampment, do not work.

because they do not encourage or require lifestyle changes.

Drug addiction plays a major role in Seattle's homeless crisis, and rejecting this truth is a part of our city's problem.

Dismissing this reality encourages policies that keep our homeless suffering from drug addiction.

There are too many people who continue to be enslaved to substance abuse because of shack encampments that offer little to no services to assist their sobriety.

Real treatment options must be implemented to finally help out those suffering on the streets.

In addition, progress that provide mentoring and job training are crucial to help keep our homeless off the street and into permanent housing with jobs that can provide them with their own personal stability.

Real actions must be taken to protect our homeless by focusing on the needs of those living on the streets to allow them to create a life for themselves that is worth living.

We need real solutions, not shacks.

Thank you.

Thank you.

Troy Schroeder.

And following Troy Schroeder, I just have two other signups.

That'd be Irene Wall and Jeffrey Hustus.

But I do have another signup sheet here, of course.

My name is Troy Schroeder.

I'm here on behalf of the Homeless Drug Addiction Handout Project and myself.

So, 85 days ago, I myself, I was a homeless person, and I used drugs for many years.

And like, it was always just given, there was no hope.

know nobody really seemed like nobody cared and I was I was on the verge of maybe you know dying myself or something and then the hand up project they reached out to me and and they gave me hope they showed me that they cared and being a homeless drug addict when somebody did that for me they got me into treatment on detox and offered housing and jobs and everything so basically If we could just get more help and not condone drugs and needles to the homeless people or any add, any addiction, it's just, it's a blessing to, you know, when people show they care and when people can help, not just offer, you know, give us, what are they, what's that called?

Enable us to be able to use needles and drugs, because if we're enabled and we're able to do that, it just makes us think it's okay and it's not.

We need more people to help us and show that they care.

Anything possible you guys can do is just to be appreciated.

So thank you.

Thank you, sir.

Unless there's some objections, I'd like to take.

the quasi-judicial matter last, and so, Mr. Subjections, we have a couple other speakers on the other sheet, so I'm gonna go to the other sheet and then take the quasi-judicial matter last.

So we'll hear from Marguerite Richard, Ms. Richard, you're up, and you'll be followed by Naomi Finkelstein, and then the Honorable Michael Fuller.

Suez Juris.

Yes, good day, everyone.

I'm here.

Well, there is a particular ordinance that should be important to everybody.

Hate crimes and folk down here hating on me.

And the other situation is that this is National Mental Health Month and we have a black gentleman that was in the news today.

Vernon Gray coming out of the Central District and being totally disrespected as a black man.

So you could consider that a hate crime too for an agency that failed to even look upon him as a human being.

to the tune of maybe $7.

million or $8 million for not obeying the law.

That's what I come down here and tell you people.

The stuff that happened to Mr. Gray, and it's still in line with decorum, because if you wanna talk about decorum, then you better ask black people back in the 60s, what kind of decorum did you have to bring forth the Civil Rights Act, huh?

human rights, bill of rights, any kind of rights that other people are privileged to have, privileged to do us in, and then we don't get nothing.

I said, how you do that?

changed the law to fit your script and we're not even in the script.

So I'm standing in in in line with Vernon Gray on today, sending a message out to TLI Vision and all you other pathological liars.

We will not be moved.

We will stand on holy ground with angels enforcing us to do the right thing so America can be the land of the free and the home of the brave.

Right now, it's not.

If black people are still being denigrated, we're not free in this country.

And that's why I keep coming down here.

And I'm telling you again, you fix it because you've got laws to do it.

Thank you for your testimony.

Naomi Finkelstein will be followed by the Honorable Michael Fuller.

That's OK.

Take your time.

Make sure the microphone works.

Hello.

I'm a straggler.

They didn't tell me that it got postponed.

But thank you for doing that.

My name is Naomi Finkelstein.

And I'm here primarily.

I got up out of a sick bed.

I didn't want to be here.

But it's so important to me to talk about this because I'm a victim of hate crimes in this city three times over.

Once for being Jewish, once for being queer, and once for being disabled.

And I oppose hate crimes legislation, largely because I think it's political and symbolic.

And I don't think that you can legislate people's intent.

I think that's dangerous constitutional grounds to start messing with, because you start to mess with people's First Amendment rights.

But, you know, even apart from that, it doesn't work.

So let me say, if a Nazi punches me in the face or tries to kill me or whatever it is, and then you send them to prison and you double their sentence, and we know in prison there are Aryan gangs, right?

And we know that to be white in a prison, you have to join one of those gangs.

good does that do me?

All you've done is made somebody a better Nazi.

And that doesn't work.

That's the first thing.

The second thing is, we need to just acknowledge that the state is a perpetrator of violence.

So I can't come to the state and expect, as a queer, that I'm going to be protected.

Because as a Crip, I mean that as what we call ourselves, activists, disability activists, As a disabled person and as a queer, I experience violence from the state all the time.

So do black people, so do immigrants, so do brown people.

I think that it's just not something I'm gonna do to come to the state for protection.

We need community solutions, community safety solutions.

And we need to address, I'm sorry if I'm, I'll just say, we need to address why some people are devalued by the society so completely that other people and the state feel like we're useless trash.

Thank you.

That's the issue.

Not penalizing people.

That's the issue.

Thank you.

Thank you.

That time over.

I apologize.

Our next speaker is the Honorable Michael Fuller Sui-Juris.

Yes, I'm Honorable Michael Fuller.

I want you to be mindful, as of August 25th, 2019, we'll be 400 years enslavement by the European settlers.

You understand?

Then you turn around, you don't want to enforce In honor of George Washington, George H.W. Bush, Sr., who served in the United States Navy during World War II, June 6th, 1944, and Robert Szemeraj in the United States Army during World War II, June 6th, 1944, Broussard, Danny Fuller, Jr., who served in the United States Air Force during both Korean War and Vietnam War.

Now I tried to decrease homelessness and y'all say a new America when the old America is in conflict.

You must be mindful When it's a conflict, then state constitution and statute state must yield the federal constitution and statute United States versus birthright in September 27, 1983 and Bivens versus six unknown agents.

1971, which is called Extraordinary Abuse, Abusive Moral Turpitude of Extraordinary Circumstances, Reckless Misconduct, Wonted Misconduct, and Irreparable Injury and Harm to Black Lives Matter.

This is not to change it or to change black matters can believe in.

Our new generation and our own forces, females and males, who fought to make this country safe, free, and secure from that Federal Immigration Reform Act of 1986 that was signed by President Ronald Reagan and titled the USC 1324A Offenses.

Thank you.

So I got a couple more parentheses and I'm gonna have to call you in disruptive brother.

I understand.

Thank you, sir.

Thank you.

Please have a seat.

Thank you, sir.

Okay.

Thank you, sir.

Thank you.

Thank you, sir.

So our next, our last two speakers, uh, we'll speak on a quasi judicial matter and I have signed up Irene wall and Jeffrey Eustace.

Good afternoon.

I'm Jeffrey Eustice, and I will be speaking for the petitioners in the case that is the subject of the remand, and that is Irene Wall and Robert Morgan.

Basically, the question that's being presented before you is whether you are going to fudge compliance with city code.

I'm sorry, Mr. Eustis, just one second.

Please restart.

Give him another 15 seconds back, please.

I apologize.

I just want to make sure I don't have any distractions.

The Honorable.

Thank you, sir.

I understand.

Let this gentleman speak now, please.

Okay.

Thank you, sir.

Okay, please proceed.

Where I was.

Well, I am still Jeffrey Eustice, and I'm still representing Irene Wall and Robert Morgan, who are the petitioners in the remand.

As I said, really the question that's presented to you is whether you are going to enforce your own code as it's written, or are you going to attempt to fudge compliance with the code?

And the code section that's at issue in this case is the provision that says there has to be a gradual transition in height and scale between the two zones involved.

neighborhood, commercial, and single family, unless there is a major physical buffer.

The code gives examples as to what constitutes a major physical buffer.

Lakes, rivers, freeways, expressways, railroad tracks, open space, open space that is used for parks and recreation purposes.

Now, the proposal before you would have a 5 foot, 50 foot high, multi-use development right on the property line with a single family residence.

And for transition, what they're proposing is that the single family property be grown in land being grown in lawn and grant the transition.

It is not a major physical buffer and does not exist between zones.

Rather, it requires that the single family property buffer against the multifamily property.

The danger of you approving this is when the next developer comes along with a similar proposal to acquire the single family property and use the single family property as a buffer, you essentially would have already granted this one approval, you would have effectively set a precedent, and you will be in the position of not saying no.

Thank you.

Thank you for testifying, sir.

Okay, that will conclude our public comment section.

I see a person raising their hand.

Would you like to sign up?

And before you start, let's just get the paperwork in order here.

There you go.

Thank you.

Thank you.

We have Katie Kendall on next to speak.

Please proceed.

Hi, good afternoon, council members.

My name is Katie Kendall.

I'm here on behalf of the applicant on this quasi-judicial matter on the clerk file 314425. The council approved this rezone from NC240 to NC255M prior to MHA adoption.

And as a result of that action, the applicant is ready to construct a project that will provide family size units, micro retail, affordable housing, and local retail, and provide much needed affordable housing funds right now.

The only question before the council is this compliance with 233409D2, which Mr. Eustis said is to require a transition unless major physical buffers are present.

The court that remanded this said that, you know, the lot two, which is the larger single family parcel that you guys already put into the PUDA in perpetuity, if the other area of the single family zone was also put into perpetuity and that open space was in perpetuity, that would be potentially sufficient as a major physical buffer and open space.

And that's what the applicant is proposing.

And we'll make this a continuous open space that provides a sufficient buffer under the city's code.

And we request that the council approve this rezone and the amended findings and the amended PUDA that we have executed here today.

And thank you very much for your time.

Thank you for your testimony.

I think that concludes our...

We have one more.

Your name is on...

Yes, you may.

Your name is on the sign-up sheet, so you certainly are well within your rights.

Thank you.

I'm Irene Wall.

You've seen me up here a few times.

I want to make it clear to you what you are doing here.

In the name of MHA, which is why this...

Ms.

Wall, I'm sorry.

Let's start the clock over.

I did have their name on this sheet here, but it was at both spaces there.

Sorry to interrupt you.

Tell me when you want me to start.

I used to tell my kids, let's do a do-over.

Okay.

Thank you.

Sometimes I do need those.

Thank you.

When you passed the MHA legislation recently, which is effectively why you're able to grant this property a 55 foot height zone, it was for the purpose of creating housing.

But what you're doing in this property is creating less housing than you could, than possibly you should.

And how are you doing that?

You are, in the name of this ridiculous notion of a major physical buffer, you are disabling a single-family home by chopping off its rear deck access to its own backyard, making sure that whoever lives there, which will be a renter, has no privacy because there will be no fencing allowed.

You are mandating that an empty single-family lot be turned into a, really, a water-guzzling lawn, when in fact you could have three housing units there.

And all you would have to do is observe your own code, which is to require a 15-foot upper-level setback.

And in fact, under MHA, you increased the upper-level setback, and you named Finney Ridge, Greenwood, and West Seattle in the SDCI report recommending how you change that MHA legislation.

Furthermore, this is not a zone which requires any commercial use at all.

So you could have some additional housing units on the ground floor, in the back, abutting the single-family zone, and that is exactly what every other apartment and condo dweller has done in our neighborhood for the last 15 years.

This code has been in place for long, long, at least that long.

And why this developer gets a freebie pass on meeting the code, I don't know.

And in fact, the judge made it very clear, and I was there that entire time, that the answer to this question is to set the building back at a minimum where it abuts the developed single-family property, where someone will live and expect to have some privacy and access to their own backyard.

You are making a terrible mistake here.

You're setting a terrible precedent.

I'm asking you to stop this and at least reconsider the PUDA and add some additional conditions to that PUDA so that you are not creating a precedent.

Thank you.

Thank you.

Okay, that'll conclude our public comment section.

And let's move to the payment of the bill section and please read the title.

Council Bill 119518, an ordinance appropriating money to pay certain audited claims and ordering the payment thereof.

I'll move to pass Council Bill 119518. Second.

It's been moved and seconded that the bill pass.

Are there any comments?

If not, please call the roll on the passage of the bill.

Herbold.

Aye.

Juarez.

Aye.

Mosqueda.

Aye.

O'Brien.

Aye.

Pacheco.

Aye.

Sawant.

Aye.

Gonzales.

Aye.

President Harrell.

Aye.

Aiden favored, none opposed.

The bill passed and chair will sign it.

Okay, so agenda item number one we've held earlier, and so we're gonna, and we moved two items up.

Council Member Brandi, you want us to read the clerk file and the bill into the record or take them separately at the same time?

Same time.

Okay, so read the clerk file and the bill at the same time for our first agenda item.

The report of the Planning, Land Use and Zoning Committee, Clerk File 314425, remand of the approval granted through Clerk File 314356 for a contract rezone, application of 70th and Greenwood Avenue LLC to rezone an approximate 12,188 square foot site located at 7009 Greenwood Avenue North from Neighborhood Commercial 2 with a 40 foot height limit to Neighborhood Commercial 2 with a 55-foot height limit and a mandatory housing affordability suffix.

The committee recommends the council grant the application as conditioned.

And the report of the City Council, Council Bill 119511, an ordinance relating to land use and zoning, affirming the rezone approved through Ordinance 125640, and accepting and amending property use and development agreement as a condition of the rezone approval.

introduced May 6 2019 Thank you very much.

I can't remember Brian.

Thank you Colleagues we recall last fall we we had a process where we went to this and made an approval of The contract rezone that was appealed to King County Superior Court King County Superior Court remanded it for to address the issue of the transition that came to the committee about a month ago.

In the committee we had five minutes of, what's the right word, testimony, I guess, from both sides, and then made a recommendation.

That recommendation was giving direction to staff on how to proceed.

They revised the PUDA, the Property Use Development Agreement.

And we have those now before us today.

There's the clerk file which is the findings, conclusions and decision.

And I'll talk to that first and then the second item is an ordinance which brings in the PUDA.

I'll highlight just on page 3 of the clerk file the What the King County Superior Court directed us to do pursuant to RCW 36.70 C.140 the contract rezone approval and property use and development agreement are hereby remanded to the City Council to address compliance with SMC 23.34.009.D.2 which requires that a gradual transition in height and scale and level of activity between zones shall be provided unless major physical buffers as described in subsection are present.

In the area where the commercial lot 287710-4100 shares the rear boundary line with the single family residential lot at 7010 Palatine Avenue North.

We discussed a couple options in committee and ultimately chose to set aside the rear lot of the lot defined there as the buffer.

In the findings of fact for this clerk file, I want to read the second one in particular.

It says the rear yard of the single-family residential lot at 710 Palatine Avenue North can be modified to provide a landscaped open space that could be integrated into the landscaped open space on single-family residential lot.

And then it lists a lot number, which I believe is a lot immediately to the south of it.

And then under conclusions, we added a conclusion section, this is also on page four, that says a landscaped open space in the rear yard of the single family residential lot at 7010 Palatine Avenue North provides a physical open space buffer between land uses and allows for a gradual transition between the height and scale of the neighborhood commercial zone on each side of the property and the single family zone on the west side of the property.

I think that's about all I have to say on this.

If folks have questions, I'm more than happy to move forward.

I should say that we'll need to substitute version 2 of the clerk file for version 1. So maybe I'll go ahead and move the substitution now.

Let's take the substitution first.

That's the easiest one.

So go ahead and formally move the substitutions.

I guess I could take that as your formal motion.

My formal movement.

Is there a second?

Second.

Moved and seconded to make the substitution as stated by Council Member O'Brien.

This is a substitution only.

All those in favor, say aye.

Aye.

Opposed?

The ayes have it.

So the bill is substituted.

Council Member O'Brien, did you have any more words to say on the clerk file or the bill itself?

I do not.

Are there any questions from any of our colleagues on this matter?

Okay.

Hearing none, I want to thank everyone for testifying.

Thank you for doing the committee work on this and listening to testimony, I think, on more than one occasion.

So, with that being said, we will move to vote.

Those in favor of granting the application as conditioned, please vote aye.

Aye.

Those opposed vote no.

The motion carries.

The application is granted as conditioned, and the chair will sign the findings, conclusions, and the decision of the city council.

On the council bill, I will move to pass council bill 11951, I'm sorry.

Let's go, Council Member Bryan is pointing and that means hold up.

I believe the PUDA is amended.

I'm looking at Ketel here.

Do I need to substitute the updated PUDA as the attachment?

So I will move to update, to amend the ordinance to update the attached PUDA with the one that has been completed and is in front of us in our packet today.

Just so I'm clear, before it's seconded, you're basically amending the Council Bill 119511, correct?

Correct.

Okay, is there a second?

Second.

Okay, all those in favor of the amendment adding the PUDA to Council Bill 119511, say aye.

Aye.

Opposed?

The ayes have it.

And now we have an amended Council Bill.

Any further words to say on this one?

Thank you.

Okay.

At this point, I'll move to pass Council Bill 119511 as amended.

Is there a second?

Second.

All those in favor say, please call the roll on the passage of the bill.

Let's do it that way.

Herbold.

Aye.

Juarez.

Aye.

Mosqueda.

Aye.

O'Brien.

Aye.

Pacheco.

Aye.

Sawant.

Aye.

Gonzalez.

Aye.

President Harrell.

Aye.

Eight in favor, none opposed.

Okay, the bill passed and the chair will sign it.

Okay, we're gonna take items.

Just one sec, let me get my bearings here.

Let's take the next items individually, the appointments.

Okay, thank you.

The report of the Civil Rights Utilities Economic Development and Arts Committee, agenda item two, council bill 119515, an ordinance relating to Seattle Public Utilities, amending ordinance 125475, which adopted the 2018 budget, lifting the proviso in section eight regarding expenditure of funds appropriated in the combined sewer overflow budget control level for construction of the Ship Canal Water Quality Project storage tunnel.

The committee recommends the bill pass.

Council Member Herbold.

Thank you.

So this ordinance lifts a budget proviso that the council placed on spending on this project during last year's budget process.

The Ship Canal Water Quality Project is part of a larger effort for the county and the city designed to limit the number of overflows in order to reduce contaminated water from reaching Puget Sound.

This work, this project is required under a federal and state consent decree that has been placed both on the city and the county.

And the Seattle Public Utilities came and briefed council in committee last week and let us know the good news that they have updated their confidence rating from 65% to 70%, which means that the project is 70% likely to cost $570 million or less.

The city's share of this project is 393 million.

It is actually five major construction projects in one.

And the storage tunnel is the largest part of the project, estimated at $218 million.

The tunnel portion of the project is what the council placed the proviso on.

And we placed the proviso on the project at the point of 100% design.

So limiting the number of dollars that could be spent only up until the completion of the design phase, having them come back to council for approval and lifting the proviso before they start spending funds for the construction phase.

Voting in favor of this now will allow Seattle Public Utilities to move forward with the selection of a contractor.

They've gone out for bids, spent a lot of time doing outreach with the contractor community in order to get bids that hopefully will be on time and on target.

Thank you, Councilor Herbold.

Any other questions or comments on this legislation?

If not, please call the roll on the passage of the bill.

Herbold?

Aye.

Juarez?

Aye.

Mosqueda?

Aye.

O'Brien?

Aye.

Pacheco?

Aye.

Aye.

Salon.

Aye.

Gonzalez.

Aye.

President Harrell.

Aye.

Eight in favor and none opposed.

The bill passed and Chair will sign it.

So please read agenda items 3 through 21. Read them together.

We may take separate votes on them but just read them into the record and I'll pass to our council member.

The report of the Planning, Land Use, and Zoning Committee, Agenda Items 3 through 21, Appointments 1326 through 1344, Appointments to the Design Review Board of Han Bae, Phoebe Erin Boeckert, Timothy Carter, Alan Granger, Daniel Mayer, Jen Montreso, Garrett Nellie, Lauren Powers, and May So as members for terms ending April 3rd, 2021. And the reappointments to the Design Review Board of Melissa Alexander, Belinda Bale, Andrew Haas, Katie Hama, Matt Hutchins, Crystal Loya, Patrice Martin, Stephen Douglas Porter, Alistair Townsend, and Brian Walters as members for terms ending April 3rd, 2021. The committee recommends the appointments be confirmed.

Thank you, Council Member Pacheco.

Good afternoon, colleagues.

We have nine appointments and 10 reappointments to design review board before us today.

Han Ba is an architect and senior designer at MG2.

Phoebe Bogart is a landscape architect.

Timothy Carter is the founding principal of Cone Architecture.

Alan Granger is a recently retired architect.

Daniel Meyer is a project engineer at PAE.

Jen Montessier is a landscape architect and project manager at Berger Partnership.

Garrett Nelly is an architect at NAC Architecture.

Lauren Powers is an architect and project manager at ARC Architects.

And our reappointments are May So, who is a senior associate at Mithun with 20 years of architectural experience and project leadership.

Melissa Alexander is an architect and urban designer with MBBJ.

and MBBJ.

Katie Hamaya is a planning analyst with the Seattle Design Commission.

Matt Hutchins is the founder of Cast Design, Build, and Cast Architecture.

Crystal Loya is a project manager and project architect at Grand Baba Architects.

Patrice Martin is an associate principal at Bolin Shenzinski Jackson Architects.

Steven Porter is a developer with Skanska Commercial Development.

Belinda Bale is a Senior Vice President of Development with Bento Kennedy.

And Andrew Haas is a Project Manager in Colleges at City Light.

These are our, sorry, there's two more names that I've forgotten.

Alice Starr Townsend is a Senior Development Analyst at Bento Kennedy.

And Brian Walters is an Architect at Olsen Kundig Architects.

And I move to confirm appointments 01326 through 01344. Thank you very much.

So we're going to read three through seven individually of these appointments.

Before I do a voice vote on each one of these, would any other members like to make any questions or comments?

Council Member Swan.

Thank you, President Harrell.

As was mentioned today, there are 19 people being appointed or reappointed to the Design Review Board, which is one of the most important of the boards and commissions set up by the city of Seattle.

When community members have questions or concerns about any new building, they go to the design review board and the board has the ability to listen and require changes if necessary.

Of the 42 seats on the design review board, some are designated for local community members, others are designated for subject matter experts, and others are for developers and businesses.

And, you know, obviously the board needs to have technical expertise to be able to accurately evaluate developments, but it also needs to have voices of ordinary people represented adequately.

In this case, it seems like all the new appointments and many of the reappointments are management in the development industry.

And I'm concerned that even in the seats that are supposed to be reserved for residential representatives, the people being appointed are the ones with professional ties to the corporate development industry.

And I'm concerned that this will deprive the commission of the voices of working people, many of whom are struggling for affordable housing.

Boards and commissions like the Design Review Board are volunteer positions, and I'm sure that most of the people who volunteer have professional interest and expertise in design and development.

However, it's a concern that having all the new appointees, having those ties is too imbalanced.

I will be voting yes on all the reappointments and I will be voting yes on design professionals who are being appointed to seats that are designated for design professionals.

But I will be voting no on the three new appointments where people with management ties to big business are being appointed to the seats reserved for community.

Representatives and just to be clear.

This is not in any way a personal assessment of the individuals.

It's just to Say that the seats reserved for community representatives should be filled by community representatives Thank You customer Swan any further comments or questions before we vote Okay, so I'm going to take these individually those in favor of confirming appointment 0 1 3 2 6 which is Han Bay at gin item number 3 and Please vote aye aye Those opposed vote no no Okay, the motion carries an appointment is confirmed Those in favor of appointment 0 1 3 2 7 of Phoebe Aaron Bogart agenda item number 4 please vote aye aye opposed The ayes have it the appointment is confirmed those in favor of appointment 0, 1, 3, 2, 8, the appointment of Timothy Carter, agenda item number 5, please vote aye.

Aye.

Opposed?

No.

The appointment is confirmed.

Those in favor of appointment 0, 1, 3, 2, 9, the appointment of Alan Granger, agenda item number 6, please vote aye.

Aye.

Opposed?

The appointment is confirmed.

Those in favor of appointment 01330, Daniel Mayer, agenda item number 7, please vote aye.

Aye.

Opposed?

The appointment is confirmed.

Unless there's any objection or comment, I'd like to vote on items 8 through 21 together.

And Councilmember Chico, you did go up to 21, I think.

Correct?

Okay.

So I can vote on items any if there's no objection, we're going to take those collectively.

All those in favor of appointments through on the agenda items 8 through 21, please vote aye.

Aye.

Opposed?

The ayes have it.

The motion carries.

The appointments are confirmed.

Okay, let's go with please read agenda items 22 to 24 together.

Agenda items 22 through 24, appointments 1346 through 1348, the appointments of Al Levine and Jamie Marie Strobel, and the reappointment of Amy Schuman as members of the Seattle Planning Commission for terms ending April 15th, 2022. The committee recommends the appointments be confirmed.

Council Member Pacheco.

So we have two appointments and one reappointment to the Seattle Planning Commission.

Al Levine is the former Deputy Executive Director of the Seattle Housing Authority and recently left a part-time teaching position at the University of Washington.

Jamie Strobel, who works at King County's Climate Action Team as a lead on climate community engagement and collaborative partnership efforts.

She previously served on the Planning Commission as a mayoral appointee and is now being appointed as a council appointee.

Amy Schuman is a planner in the Healthy Community Planning and Partnership Program at Public Health Seattle and King County, and is a reappointed to the Planning Commission.

Very good.

Any further questions or comments?

If not, those in favor of confirming the appointments 23 through 24, please vote aye.

Aye.

Those opposed vote no.

The motion carries and the appointments are confirmed.

Let's see, we've already taken agenda items 25 and 26, so please read agenda item number 27. 27.

The report of the Housing, Health, Energy, and Workers' Rights Committee, agenda items 27 through 20, excuse me, agenda items.

27 to 27. 27, yes.

The appointment of Aaliyah C. Abood as member of Labor Standards Advisory Commission for a term to April 30th, 2020. The committee recommends that City Council confirm the appointment.

Agenda item 28, appointment 1282. Oh, excuse me.

Let's just stick with 27.

Okay, I could do that.

Council Member Esqueda.

Thank you, Mr. President.

As you heard this morning, Aliyah is a council reappointment and she currently lives in the North Admiral District, District 1. She was originally appointed by Council Member Herbold.

Thank you so much for speaking to that appointment originally in our committee last week.

is the owner of Quick Service Restaurant, where she oversees a team of about 137 employees, has worked very hard to provide her employees with educational opportunities and a safe and welcoming workplace for all employees.

She is very active in the community, and she volunteers in her school district at the National Helping Hands Alliance as well.

This will be Aaliyah's second term serving the commission.

Very good.

Any questions or comments?

If not, those in favor of confirming the appointment, please vote aye.

Aye.

Those opposed, vote no.

The motion carries and the appointment is confirmed.

Please read agenda item number 28.

Agenda item 28, appointment 1282, the appointment of Jillian Cronauer as member of Capitol Hill Housing Improvement Program Governing Council for a term to March 31st, 2020. The committee recommends the appointment be confirmed.

Council Member Esqueda.

Thank you, Mr. President.

Jillian is being appointed by the Capitol Hill Housing Improvement Council and currently lives in District 3. She's the COO and designated broker for Hunter's Capital, where she's responsible for property acquisition, marketing, leasing, and public relations and overall business operations, has served as president of the chair and chairperson of the Capitol Hill Chamber of Commerce, and is a graduate of Gonzaga.

Full recommendation from our committee for the full council's consideration.

All right, go Zags.

Any other questions or comments?

Those in favor of confirming the appointment, please vote aye.

Aye.

Those opposed vote no.

The motion carries and the appointment is confirmed.

Please read agenda items 29 through 31.

Agenda items 29 through 31, appointments 1312 through 1314, the appointment of Kelly Yukino Larson as member and the reappointments of Anne T. Malone and Pradeepta Upadhyaya as members Housing Levy Oversight Committee for terms to December 31st, 2021. The committee recommends the appointments be confirmed.

Council Member Esqueda.

Thank you, Mr. President.

Kelly is the CPO for Plymouth Housing, where she oversees services provided to Plymouth residents and leads policy, program development, and strategic planning initiatives.

She was inspired to serve her community by her experiences as a first-generation Japanese-American.

And as a mayoral appointment, she resides in District 3. This will be her second term serving on the committee and is a business development officer for affordable housing investments at U.S.

Bancorp.

and is responsible for originating low-income housing tax credit investments in the Northwest and Rocky Mountain states.

Also, Pradeepta is a mayoral appointment and resides in District 4. This will be her second term on the commission.

Pradeep Jha is Executive Director of Interim Community Development Association, where she's led the work on housing, community development, leadership development, and social services, and currently serves as the co-chair of the CID Community Stabilization Work Group, focused on sustaining affordable housing, small businesses, and services for servicing organizations for the community.

Very good.

Thank you.

Any questions or comments on these appointments?

If not, those in favor of confirming the appointments, please vote aye.

Aye.

Those opposed vote no.

The motion carries and appointments are confirmed.

That concludes our agenda.

Is there any further business coming for the council?

Yes.

Yes, Council Member Juarez.

I ask if I could be excused on Monday, June 17th.

Second.

It's been moved and seconded that Council Member Juarez be excused on June 17th.

It's been seconded.

All those in favor say aye.

Aye.

Opposed?

The ayes have it.

Any further business coming before the council?

If not, we stand adjourned.

Everyone have a great rest of the day.