Motley Blog

As I recall neighborhood matching funds were started in Seattle. I believe they were either Ford Foundation supported or the Foundation noted their success in the first year.

This was just as I was finishing off my degree (at 24) and I got involved. As a side project I did a proposal for a tree planting in Squire Park, between Seattle University and 23rd. I believe this was the first of its sort. I was not involved in the implementation - as I recall the project was completed by the YMCA led by Richard Conlin, now a Seattle City Councilmember.

One of the things this project did was give me my first opportunity at trying out Geographic Information Services. The graphics here are rough, but they are functional.

In the summer of 1994 I was given the honor of editing the Vision Seattle Newsletter, City Watch. Here I talk a little about communications as they apply to civic and neighborhood decision making, as I take up those reins.

This is the write up of a survey I did for Vision Seattle on public finance issues. Though not a huge response the folks were quite varied and vocal - and a great way of going viral on a framework - not an agenda. Note especially the results on the Seattle Commons.

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Before Bill Gates became a big donor at the UW he, through his Father Bill Senior, was involved in an effort to, IMO, bully the campus in order to build a new law school building. This was at the same time they were being actively investigated for anti-trust violations by the US DOJ.

I was the first to write on the subject, below. Rick Anderson of the Seattle Weekly also wrote on the subject and did a better job than I.

Do make note of the advice of Architecture Professor Folke Nyberg, at the end of the article. The Gates would later step up to the plate and make a fair contribution, though not without a fair amount of bad blood with those departments who had been pushed to the back of the line.

(Asterisk)This **may** well also mark the start of their entire philanthropic effort, through the Gates Foundation.

For another perspective worthy of consideration look at this 'priority' as an expression of the authority of Land Use law and it's Institutional Planning regulations to hold itself above its own regulations....

Here's some published architectural photography from the Seattle Press, classic military housing at the Sandpoint Naval Station.

I also had the opportunity to work with Councilmember Chong's Staff, Matt Fox and Jay Sauceda, as well as Tim Baker, staffing a community forum on the future of this public asset. Good event and I do believe some positive seeds were sown in that well run (and substantive) community forum.

I was doing some early morning grumbling about some unusual traffic on the neighborhood arterial a block from my house only to be quite surprised when cops starting pouring out of the unmarked vehicles in front of me.

My Tacoma neighborhood has some great homeowners and a lot of potential - it's Lincoln/McKinley on the ridge to the South of the Tacoma Dome. However the owner-occupiers are less than 50% of the population, the rest not exactly the best sorts of renters. Tacoma's been a dumping ground for recent prison releases and we're one of the areas that gets em big time - worse even are the folks that whose next stop is into jail. I've not even looked at the sex predator list, but certainly have heard the stories.

We're not all that far from UW-T, so hopefully those folks will start moving in here at some point - at the moment though the best renters by far are the illegals. I'm in a personal situation where renting would've been the right choice, but I'm not comfortable renting to this market.

On a related note, on my return from Seattle last Thursday there was a very aggressive semi-driver giving new meaning to the term 'class A' - tailgating me as if I was blocking him, though he had nowhere to go. The trailer was from New Century Transportation, the cab a rental from Ryder. I wrote down an identifier, but I'm not sure if it was the plate or trailer number - R54126, in case anyone does a web search. This was about 3:25p. I'd be happy to testify if his behavior results in any problems.

Sunshine State

Written and Directed by John Sayles

Starring Angela Bassett, Edie Falco, Timothy Hutton, and Alan King

2002

This is another gem from the legendary John Sayles who has a profound ability to capture a place and its people. This ensemble movie will likely only appeal to those that have gotten involved in their local community as it does refer to many of the typical conflicts that manifest themselves as real drama in our real lives.

The story involves two old established neighboring beachfront communities facing development threats, one black, the other white - race is a factor in the story, but it is secondary.

One idea that this story implicitly raises is whether neighborhood segregation is not always a bad thing - in this case the two seperate neighborhoods do seem to work - including forming a larger community between them.

Glengarry Glen Ross

Written by David Mamet

Starring Al Pacino, Jack Lemmon, Alec Baldwin, Kevin Spacey, Ed Harris and Alan Arkin, with Jonathan Pryce

1992

New York financial salesmen are forced by tough competition to cheat in the selling of Florida real estate in this taught gritty drama.

The speech given by Alec Baldwin, the big boss, as he introduces the contest:

First prize is a Cadillac, Second Prize is a pair of steak knives, third prize is, you are fired.

A state legislative bill, HB1490, which seeks to mandate growth around light rail stations has been quite controversial. Although largely symbolic the folks who win will have garnered political 'coup' - a strange practice in Seattle.

Mayor Nickels has come out opposed to the bill, but this is really just political posturing on his part - angling against Councilmember Sally Clark. Everything being equal I'd probably choose Nickels over Clark, but Nickels himself has enough baggage to make him unfit to serve. Clark does not yet have that baggage, but definitely has the potential to be even worse - as this issue would suggest.

Clark's support of this bill should be viewed in the context of her role in neighborhood planning - as staffer to Tina Podlodowski the 'Microsoftie' who took over the effort after outspending and defeating neighborhood candidates. Neighborhood planning is being fastracked for exactly the same neighborhoods that have been the subject of HB 1490 - enthusiasm for the effort is lacking, as documented in this article. including outright opposition from the official neighborhood. Perhaps the history of Ms. Clark and her crew has something to do with this?

Wisely the Washington State Legislature refused to fund Seattle's Mercer street redesign through a neighborhood largely controlled by former Microsoft executive Paul Allen (and his professonial staff).

Why, why in the world should we be spending stimulus money 'bailing out' Paul Allen?

The field of potential challengers to Seattle Mayor Greg Nickels continues to narrow, however one name remains on the active rumour circuit, architect Peter Steinbrueck. He has not announced a candidacy by any means, but a poll, source unknown, has been leaked that shows him as a viable candidate - beating Nickels 46% to 24%.

In Tacoma an architect is the only current candidate - Jim Merritt for the mayoral position in that 200,000 soul locale (800 in the County, a similar ratio to Seattle/King). Merritt cut his teeth as a young architect being directly inspired by leaders like Victor Steinbrueck. In Tacoma he has been a civic force for decades leading the development of community grounded solutions to such major problems as the Asarco superfund site and the construction of the 705 freeway connecting I-5 to Downtown Tacoma, all while running a successful architectural practice.

While it is the case that junior Steinbrueck might not have the managerial experience to run Seattle it also may well be that his respect in the **community** could easily outweigh any such deficiency. Many hands certainly make for light work.

The election of both Steinbrueck and Merritt would certainly signal a sea change in current approaches to regional decision making - god knows who actually controls that now.

Nim-by acronym; Not In My Back Yard n. A perjorative stereotype with some basis in reality but more often used by those unable to communicate outside of the controlled confines of a public or private corporation - nor able to design a project worthy of survival outside of same. (Ed Note:Abusive behavior does occur in neighborhood groups, curiously though it is most often public servants, usually acting outside of their lower middle roles that do so. The other common type is a victim seeking revenge, rightfully or wrongfully. Note also rhymes with Quimby, a synonym for 'N' word #2, 'Nickels')

I must confess I was once a big transportation policy wonk - hopefully 15 years of abstinence have cured any weaknesses thereof. I have been getting active again over the last year and half here in Tacoma and hopefully can still indulge this obsession with a bit of prudence and productivity occassionally, as such, the following.

Proposed: A Sound Transit 2 Funded Expansion of Light Rail in Tacoma Integrating the Existing High Capacity Light Rail Corridor into the Currently Funded HOV Expansion of I-5 adding Bus service as per the same Design Specs as in the Downtown Seattle Transit Tunnel.

Click Here for the High Resolution PDF

Please note that although there is strong precedence for this approach including direct HOV access ramps, as at 320th in Federal Way, and strong general support for multi-modal systems I am not aware of any project that creates a direct HOV-Light Rail connection. Handling the seperation of car pools and HOT lane users from larger vehicles is not designed in this proposal, but is presumably resolvable with a minimum of risk.

If one reads between the lines on the barrage of media stories on a topic a very simple, evolving, story.

Perhaps the most important of these today is the foreclosure 'story' - many typical conservatives would have you believe that the whole financial crisis was the result of lower income households purchasing houses they couldn't afford via sub-prime programs that were completely legal and appropriate.

Russell Investments is considering a relocating its Headquarters as part of it's current planning processes - a big topic in the Pierce County media of late.

Seattle is a major suitor for Russell - and there is definitely a logic to it - Russell is an international company, and Seattle, an international City.

But Seattle is also a City marked by major financial scandal and a power structure that has not yet evolved away from that Corruption. Moving into the former WAMU HQ would be an apparent coup for Russell, but if you are bailing out the corrupt and, at least in part, acknowledging even a smidgeon of authority then is that good for anyone?

My $.02 for Russell - punt on this one, for now - turn down both the Seattle and Tacoma offers.

The global finance world is changing - most likely becoming much more decentralized as a response to the corruption in such centers as Seattle and New York City. Your location in Tacoma might turn out to be just about right - very near a large global powerhouse, but far enough way to remain, uh, honest.

When it comes to attacting business, whether it be a firm or a City - it is really only honesty and accountability that matters. Any other strategy will only bring the undesirable, of whatever stripe, and income.

It's kind of ironic, in an Alanis Morrissette kind of way, that the Puget Sound is slowly sliding into a record reaching heat wave just as I finalize my bankruptcy, the likely giving up of my home, and, most importantly, documenting the slow build up of causes that created this situation. All, tellingly, absent legal representation.

Some people say I'm a crazy liberal activist (or a right wing wacko - go figure).

Peter Callaghan has a great piece on the Sound Transit Berm through the Dome District of Tacoma. Instead of repeating myself I'll leave it to Peter to put his spin on matter. See also the piece in the Tacoma Weekly.

Seattle Business columnist Bill Virgin has made the leap from the failed P-I to a series of contracts, including replacing Dan Voelpel at the Tacoma/Pierce News Tribune.

Bill is every bit Mr. Voelpel's equal, we should be very proud to have him. Who knows, he might even bring a few friends of his caliber with him.

For a measure of this, see his first article in the TNT.

Though it might seem like a minor point, the issue of the Sound Transit heavy rail route design through the south part of downtown Tacoma is becoming the defining issue of the 2009 mayoral race and having regional impacts as important as the defeat of Sound Transit Board Chair Greg Nickels in the Seattle mayoral primary.

The Tacoma Pierce News Tribune did a multi-article feature on the October 4 Sunday front page - including an online opinion poll. The poll is near the bottom of the middle column. As of the writing of this piece on Wednesday morning there have been 2900 votes, 85% in favor of the local business/citizen 'Post and Beam' alternative compared to the Sound Transit 'Berm' design.

Last night was the public hearing.

The crowd here was in support of post and beam in similar proportions, and the testimony and comments both well thought out and dramatic.

The City of Burien, an affordable suburb south of Seattle, resoundingly rejected a Transportation Planning District (TPD) for sidewalk and bike trail improvements. TPD's are a revenue mechanism drafted by the Washington legislature last year.

This is unfortunate, but also telling. Though some might respond with a knee jerk response to those who vote against taxes, it is crucial that the community planning effort be engaging enough to sell the product of the effort, as well as produce good design based on competent engineering. In this regard it is the planning effort that failed. So, it is back to the drawing board, and rightly so.

The measure may well have also suffered from the particular form of tax used, a surcharge on vehicle licensing ($25). This particular form of taxation has been highly politicized due its role in the career of highly controversial initiative guru Tim Eyman. The drafting of this enabling legislation was done on the heels of a failed Eyman initiative on the subject of transportation. This political context may well have been the largest factor in the defeat of the measure.

Though Burien does have some expensive waterfront homes it is largely a blue collar town and it appears likely that the 'democratic' bureaucracy made errors in the community planning effort which offended the common sense of these individuals - not unlike the political dynamic that led to the election of Ronald Reagan in 1980.

Below are procedural comments on the I5 Tacoma HOV project, including a description of my own interests.

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Date: August 29, 2009

To: Carrie Berry, Tacoma HOV Environmental Coordinator

CC: Claudia Cornish, Communications Manager

RE: Tacoma/Pierce County HOV Program Supplemental Environmental Assessment

The following comments go to procedural issues concerning your current Tacoma HOV environmental review. My substantive comments will follow shortly.

I have received and preliminarily reviewed the IJR report for the Tacoma HOV projects. I had assumed that a report describing the WSDOT analyses direct access HOV ramps for Freighthouse Square and Downtown Tacoma would be included, apparently incorrectly.

Additionally appendix ‘E’, the Wetland and Stream assessment is missing from both the distributed CD and the website for the NEPA assessment. Lastly, please note that although I have lay qualifications read the environmental appendices associated with this project there is too much material to reasonably review in the time allotted.

Below are my comments on the NEPA (National Environmental Policy Act) review of the current Tacoma I5 project, from August.

*************************************************************************************************

To: Carrie Berry, Environmental Manager I-5 HOV Team

CC: Multiple

Re: Tacoma I-5 HOV NEPA Comments

Some 2 years ago I was walking my dog near my residence, less than 2 blocks from this WSDOT project’s stretch of I-5, and noticed the almost natural grading suitable for a bike trail on the recently completed I-5 projects just to the South. As such I was inspired to restart my civic involvement starting with the analysis of the feasibility of a local connector bike trail at the periphery of I-5 between S. 38th Street and McKinley Avenue.

New York Times stringer and author Tim Egan (The Good Rain) opines in the New York Times on the steep decline of housing prices in the greater San Francisco 'sprawl' zone. Anecdotally Egan cites the case of Lathrop California, two hours from the Bay Area in the Central Valley. Housing prices there have dropped from a peak of $500,000 to $150,000.

This is an interesting phenomenon, certainly both worthy and timely. But where Egan takes his analysis of this tragedy is truly irresponsible.

First, he implies that the problem in Lathrop and surrounding communities is the model of foreclosure throughout the United States. Then, curiously, he defines such areas as slums in a typical Seattle passive aggressive manner.

The shooting of a State Ranger in Grand County, Utah, last Friday night is a tragedy, but having just left Grand County on Wednesday let me add a bit more depth to the story.

Just the Friday night before I was camped in the Kane Creek Springs area near the San Juan County line and was mildly harassed, by a couple of 'rangers' - jurisdiction as yet unknown. It was at almost exactly ten p.m. and the first of two official vehicles made it a point of stopping on a curve at the main road with his lights pointed directly at me, just as I was exiting (somewhat awkardly, half-dressed and half-awake) to pee.

Below the jump is a 'Petition For Review (PFR) to the Growth Management Hearings Board concerning the ramifications and processes of the Alaskan Way Viaduct.

The jurisdiction of this PFR extends the envelope of practice before the board, consistent with the law and appropriate to the circumstances. These circumstances include the alleged victimization of the petitioner by King County, its Courts and officers (public and private) and the State of Washington as an inappropriate growth management practice. As such, State Courts massive jurisdictional problems over the matters at hand.

Please note that petitioners academic, civic, and professional experience in these subjects is substantial, likely in a preponderance of measures exceeding that of Board members in depth and seniority. Board members Paegler and Earling have direct familiarity with this history and petitioner in fact ‘trained’ them in some regards during the professional emergence of Growth Management.

Lastly please note that there are substantive and procedural matters regarding this case that must remain confidential to the Board and Respondents.

Come with me a second as I 'dig' a little deeper into Seattle politics.

Consider the recent wrangling over the need for a completed Environmental Impact Statement (EIS) before starting the construction on the mega-project Downtown Seattle Tunnel, replacing the earthquake vulnerable waterfront viaduct. In that battle the Seattle Council is pushing the project prior to the completion of normal public procedure, including

Then consider this piece, concerning the EIS for a permanent, self-managed, homeless encampment in the industrial area just south of downtown. In this issue the Council is taking the position that an EIS is needed - the only legal difference that I can see is that the Seattle Council thinks some people are above the law and others below it - something I personally don't see.

As. thankfully, does not Councilmember Licata, making this vote now 7-2.

Now, for an even 'bigger' dig!

The replacement of the Alaskan Way Viaduct is turning out to be as much a legacy project for its legal precedents as it is for whatever civic edifice rises in its place - major issues so far include the State's ability to ignore environmental law before issuing contracts and contrary to public vote and the separate 'lead' authority of the Council and Mayor in that context.

This Seattle Times article concerns a third player rising to 'lead' status - the Seattle City Attorney, Pete Holmes, who has now filed suit on behalf of the City without explicit authorization from either the Mayor or the Council.

I've had four 'anti-harassment' restraining orders placed against me, the first two by State of Washington employees retaliating against fully lawful and 'respectful' accountability complaints. The first of these was in 1989, no long after the first of these laws were passed.

Below the jump is my response to the last of these, in 2010, a complaint filed with the Commission on Judicial Conduct another such lawless retaliatory accusation coordinated by the Cascade Land Conservancy.

The biggest point of law is the inappropriateness of assigning 'malicious intent' via a civil process, by common law precedent a very difficult thing to do and made too easy through these otherwise appropriate legal reforms. Applying these statutes to constitutionally protected free speech is of course statutorily exempted and the practice of ignoring such law shameful, conspiratorial, extortionary, and criminal.

Most evil in these practices is the way they have been used to take control of land use and transportation planning, and, increasingly, private business via these abusive practices. Many of these practices have arisen in the social service legal ranks, most notably the large number of Attorneys hired by current Governor Christine Gregoire during her tenure as Attorney General. There is an evident, and unfortunate, legal practice of treating some as second class 'trash' before the law in unwritten practice that is neither criminal nor civil in nature. It is the case that many social service clients have been inappropriately subject to these stigma, and worse. But reinventing the cycle of abuse for political and financial control is a whole level of predatory behavior that exceeds that of even a level 3 sexual predator.

There is precedent for standing against this politically convenient abuse, the Duke LaCrosse Player case as handled by the Prosecutor Michael NiFong.

But the situation in Washington State is much worse. It appears, in fact, that this technique has been politically successful, and has also made major inroads into many larger corporate businesses in the state, not just academia, government, and non-profits.

It is sadly ironic and illustrative that many so-called feminists have become 'hate whores' for the man allowing their once righteous concerns to be misdirected and manipulated unto the next generation of younger white males.

Back in February, I wrote about a 'supplemental' court filing I did to the Growth Management Hearings Board regarding the controversial 'Big Bore' tunnel replacement boondoggle.

This complaint got tied up in some rather absurd procedural problems, including, on my end, problems with my mail forwarding due my current transient status and the USPS procedures regarding same.

Best to move forward; follow the jump below to a recent re-filing of what is substantively the same case.

Click through for the complaint, filed in Pierce Superior Court, September 13.

My somewhat Quixotic battle against the Gregoire power machine continues with my very symbolic Growth Management Act challenge of the Alaskan Way Viaduct Replacement Project.

Two key issues which go to the edge of the Growth Management Hearing Board's authority concern the financial aspects of the Comprehensive planning. RCW 36.70a.120 concerns internal financial requirements. Perhaps even more important for the future of Growth Management is the regional coordination requirements, including fair financial dealings, as in RCW 36.70.100.

As you will recall, the State Legislature required the City of Seattle to cover any cost overruns. Numerous legal authorities have said this is unenforceable, including Rob McKenna and former King County Prosecutor Sally Bagshaw who infamously stated that "virtually every Attorney in Seattle" concurred. I argue, Pro Se, the contrary, extending the Growth Management Act to the full (and appropriate) limits of its authority.

Here's the original petition:

There were some interim pleadings, refining issues and the like that I believe are safe to omit. The Central Puget Sound GMHB's final response was in a PDF:

Download PDF File

Follow the jump to see my response, a 'MOTION FOR RECONSIDERATION'.

Utah Governor Gary Herbert hosted a 'Rocky Mountain Roundtable' with Governor Otter of Idaho and Mead of Wyoming, all Republicans, last Friday April 27. Designed to loosely build political support for Utah challenges of Federal regulations and land ownership the event was more of an extended free form press conference than anything, and in that, it succeeded.

Personally, I think there is a non-partisan balance point on Western Federal land issues, but it will be difficult to reach.

Aldo Leopold is known as a father of conservation and the then emerging field of ecology. His most famous work is 'Sand County Almanac' where he more fully articulates the principles below.

It was written in 1942, upon the end of the great depression and the cusp of World War II, not to mention the dustbowl land destroying years at the peak of Mr. Leopold's development.

Consider this parable:

"If real estate developers built like programmers write code the first woodpecker to come along would destroy civilization."

Okay, in the winter this really is not a super tough climb - but given I'm knocking on 50 years of age, and well past 350 pounds in weight I ask you to pander to my delusions of toughness.

Regardless, this is a classic hike, especially in the Winter, the only sane time to visit this furnace of a biome. It climbs 3200 odd feed over 5.5 miles, one way. Unfortunately, the trip is also a good example of the failures of Federal Public Land Management so much in the news these days.

Yeah, there is a great trail head, even a bit overbuilt with railing and concrete parking blocks - but it is pretty much hidden - as sort of a private reserve only for the friends of the rangers. There is basically no signage out on Hwy 160 and what signage that is there is misleading. There are detailed interpretative displays, but none that give credit to the miners that built the trail and what mention of them is disrespectful of their entrepreneurial spirit, not to mention damn hard work.

As some of you may recall I currently have a self-represented appeal of a camping ticket I received in SW Colorado, during June of 2010. That case is now before the 10th Circuit Court of Appeals. I've recently put out a Press Release, click through for the text.

UPDATE: A decision was issued March 20, unfavorable - the 10th Circuit continuing to refuse to answer to my arguments, nor to take responsibility for the consequences of the lower court's failure. Here's the Court's decision: 10th Circuit Decision on Camping Ticket

This is a work in progress in the Aztec Arches area of northern New Mexico, just south of Durango, Colorado. My Indian Caves trail is the first of these. Both of these trails are of more regional interest as opposed to the internationally known spans of Natural Bridges or Arches national monuments.

These trails do make an important point about BLM land use which appears ignorant of the variety of quality on their public properties - all too often the property is managed exclusively for resource extraction or over-protective wilderness, when much of their property would be managed with a mix of these goals, like the National Wild, Scenic, and Recreational river program.

Follow the jump for a description and a few more pictures.

Breaking from a week plus of frequent rain, a glorious sunset over the slick-rock, transitioning to a waxing crescent moon peeking silver through sublime cumulus over glimmering pale Navajo sandstone.

Local conditions at the Behind the Rocks area just south of Moab: predominately motorized use, though mountain bikers and hikers are still present. Thanks to the addition of designated campsites on Utah State land chalk this area as a victory for the off-road crowd, but one also still suitable for non-motorized use, especially mid-week or off-peak. Some divisive 'redneck' attitudes were present among these users, but no worse than I've witnessed from mountain bikers, as of late. Sub-surface passive aggressiveness present, but was either challenge-able through conversation and/or other members of the party.

In the growing, popular Moab this is an area to focus more intensive use upon - improving some of the main access roads which would make hiking in the adjoining areas easier, likely also is additional space for more motorcycle/ATV/Jeep Trails. All in all has the potential to be a first class example of multiple use management.

Also, the near term forecast for wildflowers is excellent.

In honor of Indigenous People's day, formerly known as Columbus Day, I'd like to throw out an idea for your consideration. U.S. land law, including both real estate and public lands is broke and we need to fix it by looking to the indigenous land "law".

Property rights are no more or no less important than any others, save perhaps the sanctity of our own bodies. Real Estate in much of the Western World, including the U.S., has put itself above the rights of others, and I'd allege even above the sanctity of a citizen's health. Public land law suffers from this hubris to an even greater and more damaging degree.

The balance between the wild and the needs of a community are deeply woven in this native law, this ethic. It is also a balance that is closely interwoven with the masculine and feminine natures of our own species.