Weekly Update: 11/22/2021

Public Service Announcements

This Week

Tuesday: Meeting with Arshia Nilchan, political director for Rep. Adam Smith. No, I’m still independent. But all the candidates for City Council this cycle were running as Democats and at least a few asked for his endorsement, so I wanted to give him some feedback on the process.

Thursday:Look, I am total policy guy. I forget how much most of you enjoy all that ‘personal crap’ 😀  So if I have failed to show enough appreciation for your support this year, I am truly sorry. If I have failed to ask you how your kids are doing wherever they happen to be doing it, I am truly sorry. But if I have over-burdened you with facts and figures and ways to improve the City when you just wanted to know more about how my family is doing or my health or the boat or whatever? NOT SORRY. 😀  But for what it’s worth, I proposed crab, but will be eating turkey. And apparently the entertainment will consist of this thing you refer to as ‘football’ playing on a device called a ‘television’. I seem to lose votes wherever I go.

!YOU GUYS ARE THE GREATEST ! HAPPY THANKSGIVING DES MOINES!

Last Week

Monday: MRSC Climate Action Webinar. I found this to be extremely useful. It had real-world examples of how cities can reduce emissions, both for its own process, residents and business. There has been a ‘Great idea! You first!’ approach to climate change. And the idea that anything we do will be onerous. I do not think we can ask bigger players to act if we aren’t willing to do our share. Also, it is in our best interest to be aggressive. People come to Des Moines for the environment, the beautiful shoreline, trees. Those are the assets.

Tuesday: Port Of Seattle Commission (Agenda/Video) The Port finalised it’s budget for 2022. There was a good discussion on the Port’s initiative to bring the Maritime side down to net zero emissions.

Wednesday: Salmon Counting at McSorley Creek with Trout Unlimited and Friends Of Saltwater State Park. We saw one dead female salmon

Wednesday: Reach Out Des Moines. I proposed creating a web site for the Pacific Middle School Design/Engineering program. The goal is to showcase their past successes and testimonials from students and parents.

Thursday: Transportation Committee Meeting (Agenda) (Video)

Thursday: Environment Committee Meeting (Agenda) (Video)

Thursday: City Council Meeting (Agenda) (Video)

‘The Three Ring Circus’

This last meeting was as action-packed as it gets. And that in itself is problematic. Our calendar really should have some ‘load-balancing’, where significant work is more equally spread out during the year. Jamming so much significant work into a single meeting is an invitation to bad government. But that’s another rant about process for another day.

As occasionally happens I got some snippy comments about my appearance. What was unique this time was that the remarks acknowledged that the entire Council was a ‘three ring circus’ and that somehow my appearance was as bad as the rest of the Council’s ongoing conduct. Now normally, I don’t comment on that sort of thing, but this gets to the heart of what is wrong with our politics.

The idea that my appearance rises to a level of ‘unprofessionalim’ equivalent to the obvious failings of my colleagues is like telling students that a dress code violation is as bad as cheating on a test.

If those are your priorities? You have only yourself to blame for bad government. In fact, if my ‘image’ is what you choose to focus on? You are encouraging bad government.

Property Tax Levy

We covered a Property Tax Levy. As usual there were some snarky comments about ‘taxes too high!’, even though no one showed up for the Public Hearing. But in fact, the increased taxes are simply a function of increased property values in King County. This is one area where I agree with the Administration in that it has consistently worked to keep tax rates as low as possible and not recommending that we take the legally allowable 1% annual bump.

I want the public to understand that this is one of those no free lunch deals: Everyone loves low property taxes. But if you also are unhappy with the level of services? Not allowing this tax rate to even keep up with inflation creates a ceiling that prevents us from putting more money into parks, seniors, kids, etc. All that jazz about ‘outrageous salaries!’ You never heard that from me. Because it was never the reason for weak services. But that’s also a rant for another day.

Budget Amendments

We approved the 2022 Budget and it was approved without a single amendment. As it was last year.

Actually, there were proposed amendments. Councilmember Martinelli proposed adding $250,000 in one-time money for tenant relief at a prior meeting.

And I submitted six amendments totaling a whopping $41,204.

Neither was even discussed. And I mention that because amendments are supposed to be discussed as a part of the process. The Mayor simply did not allow that part of the meeting to happen. He also did another weasel move by removing the New Business portion of the Agenda at the last moment. (And in #297 of “I told you so”, when the Mayor proposed creating that ‘New Business’ part of the Agenda, none of my colleagues supported my motion to amend Council Rules to make it permanent. I argued that, “if the mayor creates it, he can simply take it away when it is to his strategic advantage.” And that is exactly what happened. Any nine year old knows “get it in writing”.)

So, since none of my colleagues objected, and since CM Martinelli was not there, I smiled and let it go. I guess my concern is that you don’t know what an egregious violation of parliamentary procedure that was.

I’ve taken to sending people this fifteen second link, which they find very cryptic: The Law Of Gravity Is Nonsense

All it means is that City Council creates its own reality. If the public doesn’t know how things are supposed to work, whatever happens on the dais seems ‘normal’. You have no way of knowing that it’s bad. And since it’s not an ‘issue’ like “more police!” no candidate understands either.

Now, back to my extravances what did I want $41,204 for?

  • FIX THE WEB SITE. Breaking the code of silence here… apparently ‘key people’ find nothing wrong with it. Really. No. Really.
  • Commit to permanently recording and allowing for remote attendance of Committee Meetings. Why is this necessary? Because the City Manager has not reported back on a ‘vendor quote’ to do that work… in six months. And again… breaking the code of silence here… some of my colleagues and staff do not LIKE having recorded and zoom Committee Meetings. They were (candidly) much happier -without- those pesky citizens watching the sausage get made.

Apparently, these extravagances will need to wait until “end of Q1”

Marina Redevelopment Developer Selection for Parcel A

I asked residents to Reject All Three prior to the meeting and at least a dozen of you wrote the City Council. Thank you! Although my colleagues voted to proceed, you sent a message. This is far from over. As more of you engage, we will be able to obtain better outcomes.

All along my entire sales pitch has been: learn more. I believe that the arguments against this stuff are self-evident. The only challenge is in getting you up to speed after four years of the City moving ahead without proper public engagement.

Below is my response to the discussion, which was about as egregious a discussion as I’ve witnessed in my dozen or so years observing our City government.

Censure

More parliamentary silliness. I fully supported the concept of Censure. I made a motion to amend the resolution to remove the police report and *Items 5 and 6. That would have ended the discussion which had gone on long enough in my opinion. Let’s do it and move on. Anything beyond that was calling more attention to the woman and child. My motion did not receive a second so on we went. And Councilmember Buxton asked to speak last so that… wait for it… she could propose removing the police report. She wanted to make the same motion. Which then passed of course.

But the Mayor then added one final dollop of humiliation by proposing that the resolution be further amended to send the resolution to all regional electeds. And that also passed.

So to recap, the final resolution removes the police report, but substitutes a link where anyone can get a copy of the police report. And it sends the resolution to all the media and all our regional electeds and posts it on the City Bulletin Board.

I voted against the final resolution because

a) The actual ‘censure’ came down to preventing CM Martinelli from attending one committee meeting. Seriously. That is all the ‘punishment’ it inflicts.

b) Everything else is shaming. And as you can tell, I have no problem with (useful) shaming and blaming. But in this case every action taken against CM Martinelli, including these lengthy public discussions, calls more attention to the woman and child. It also doesn’t make the City look particularly great either.

This negative side-effects of this resolution, and in fact every aspect of the City’s handling of the issue have started to swamp any responsible actions we have taken.

Parcel A

At our November 18, 2021 meeting, we chose a developer to enter into an exclusive negotiating agreement with the City to develop Parcel A of the Marina Floor as described in the RFQ from our 18 November 2021 Meeting. Essentially, it was a job interview.

Drama?

After the meeting I got some feedback telling me that I was being ‘dramatic’ and that the process was ‘fine’. Wow. I hate to be that guy, but I have to respond because it was definitely not fine and if you think it was?

Remember that when you watch someone doing heart surgery on Gray’s Anatomy they do not actually know what they’re doing when it comes to heart surgery. 😀 I’m not trying to just be snarky. Unless one is an expert, one cannot evaluate whether any complex process is being handled properly. You can make a lot of things in life appear like people know what they’re doing. And you wouldn’t know the difference unless you really know something about heart surgery.

Again, it was a job interview. We were voting for a firm, not a plan. So think of it like how one hires a City Manager or previous police chiefs. (Notably, our last PD Chief did not go through a public interview process, but that’s another story.)

The process I expected…

  • In my previous experience, if a large corporation wanted to site a culturally significant building–say Apple wanted to redo their headquarters, they would specify in the RFQ that there needed to be some number of qualified applicants before making a final selection. Let’s say three. But definitely more than one. You might need only one legit applicant for a ‘normal’ project, like an apartment building. But for something special, you’d definitely want choices.
  • So if the minimum were not found, the RFQ process would automatically start over. There would be a meeting with the finalist(s) giving them feedback and asking them to re-submit. (And btw ‘rejection’ is not like, “Oh my boyfriend rejected me and sobbing.” This happens all the time in big contracts. Having to resubmit is totally normal. Sometimes it might take 3-4 go-arounds before a vendor is chosen.)
  • The review committee would include subject matter experts (architect, urban planner, landscape designer) And if it were in a particularly important spot, for example a landmark for the community, perhaps even a local historian. The aesthetic significance would be obvious as well as the  ‘setting’. You don’t just want a great building, you want a great building that fits within the context of the place.
  • The finalists would be brought in for review by the planning committee (oops, the City Of Des Moines ended their planning commission in 2013–another story) or in our case the City Council. Because again, it’s a job interview, right? We’re giving the winner a lot of latitude. So we want a lot of reassurance and complete transparency as to who they are and what their vision is. (For example, I would want to know why they chose to put that particular hotel in their proposal rather than something more ‘inspiring’. That was their choice.)
  • And we might not provide an exclusivity clause. Because remember, after only a 35 day evaluation process we approved an exclusive negotiating agreement. We told the developer that we won’t look at any other options.

The process I witnessed

In short, what we got was one legit entry, after a two week review. A company that the City Manager knows, which some CMs have experience with, while others have none. There was no public engagement. And the winner did not lead with their most inspiring work examples. Call me difficult, but this felt to me like one of those presentations where the vendor felt no great need to impress the shit out of us in order to get the job.

Why boutique hotel?

The title of the RFQ was ‘Why Not Des Moines?’ And me being me, my first thought was “Why Boutique Hotel?”

Because here’s the thing: no one ever voted on the concept of ’boutique hotel’. There has literally never been a formal discussion by the Council as to what we should do with that spot.  It’s been mentioned since 2017 as  one possibility, but it was always in this vague fashion, “Well, we could put a ’boutique hotel there–along with many other options of course.” And over time, that ‘could’ somehow morphed into ‘will’.

On the other hand, the 2018-2019 Council did go through a formal process to place the SR3 animal hospital on that particular spot of the Marina Floor. Same thing when we leased the space to the Quarterdeck restaurant. So the precedent is for the Council to vote on the purpose of a spot.

The land side must pay for the water side

Also, there has never been a discussion as to how much revenue should be expected. But do some *quick math on a 100 room hotel with 95% occupancy at $180 a night (according to the consultant) and then look at how much of our Sales and Lodging and B/O taxes.

OK, I’ll save you some time. The stated goal of all cumulative land side projects is to generate $3,000,000 in annual revenue for the City Of Des Moines. Everything: The Adaptive Purpose Building (APB), hotel, ferry, dry stack storage… whatever is inside that Enterprise Fund Area must generate $3M/yr. That is the bar.

Why? Because that is the finance cost for dock replacement. If these projects do not meet that standard, we would have to look somewhere else to finance dock replacement.

And just to be clear: the sum total of expected revenue from all those fabulous ideas do not  come anywhere close to bringing in $3M/yr. And the Administration and my colleagues know that.

So the whole financial ‘plan’ is bogus. It simply consists of projects that our City Manager (who is also our Economic Development Director) seems to find appealing. And since he has convinced my colleagues? It’s happening.

But think about this: if the whole plan does not finance dock replacement, why aren’t we considering other ways to finance it? And while we’re doing that, stop and have a real discussion–with the entire town– about what everyone wants the Marina to be for the next 50 years.

One of those convos you cannot have…

One last detail: There is absolutely no reason why the City could not simply go to the voters and ask them for $1 a month over a period of years in order to finance every aspect of Marina Redevelopment. If one runs the numbers, the amount of such a tax would be laughably small for residents. Maybe the voters would say no, but would it hurt to ask? If the vote were yes, it would completely eliminate any pressure to make the wrong moves. It would put the City in the driver’s seat… and not the developer as seems to be the case.

Because the overwhelming message I got from listening to my colleagues was how grateful they were to be chosen. I want to be careful not to sound disparaging of the chosen developer because they really have done some stellar work, but there was this sense that somehow they were doing us a favour.

Arguments against?

it’s all one master plan…

The Des Moines Marina Association (DMMA), ie. ‘the boat owners’ want those docks fixed. Now! So they will likely view that last paragraph as entirely obstructionist. And they will also likely consider this paragraph inflammatory as hell. But the fact is that they have a perverse incentive to support whatever development occurs so long as it meets two criteria:

  1. That it include dock replacement.
  2. That it happens immediately.

In part, that is why the Marina Redevelopment is being sold as a unified package, when in fact there is no reason to do so. This marketing creates the totally artificial notion that dock replacement and land side development are somehow connected. They are not–well, except to the extent that the water connects to the land. 😀 (Sorry, I couldn’t help myself there.)

And it is also an inconvenient fact that leadership of the DMMA were some of the key donors for the current majority (and especially the Deputy Mayor.)

One proposal is just fine

I got a couple of people saying, “No, lots of projects get done with a single legit proposal. You bet. But not on something of this brand significance. When it’s to do with something that is key to the organisation’s identity? There is always patience.

And then were a few “You misled people! That is not the final design.” Fair enough. Maybe I’m being waaaaaaaaaay too harsh. Just grandstanding ol’ JC.

So lets look next door at a mixed used development in SeaTac opening in 2023. That project also had one legit proposal. And the initial review was also done by the City Manager. Boy do I feel stupid.

On the other hand, take a look at that proposal. This is the image the developer put in their proposal. It is an artist’s rendering of a proposed vision. They weren’t being held to that. It was simply the image they were leading with. Not bad, right?

Wanna know what it’s gonna look like when it opens in 2023? Just like that. Really. And if you look at their review process, it went through a public planning commission and the developer met with the public and the City Council multiple times and look at the specifics on their vision for the place. They did all that basically for some affordable housing apartments; not the most valuable spot in the entire City. And all that was before they even submitted a plan!

We’ve had plenty of community engagement

I am just sick of that bald faced lying. About how much there’s been, what it consisted of, even how many people were involved. This, from the consultant’s own presentation in 2019 is how much community engagement we’ve had.

200 people. In October 2017. I was there with Des Moines Historical Society President James Langston. We did the stickers. Since then the number of people who supposedly attended that event has ranged from 350 to 500 depending on the fish tale being told.

Frustration…

If you watched the discussion of the November 18 Meeting, you heard a great deal of talk about frustration. My whole argument of “be patient” was represented as mere obstructionism. It is not. We just want something INSPIRING that befits one of the most beautiful spots in the entire State Of Washington.

When my colleagues express frustration about how long we’ve waited and how many times we tried, I had to restrain a chuckle.

In a funny way, I’ve been watching the Council longer than anyone up there except Mayor Pina. My colleagues do not seem to realise that all the other so-called ‘attempts’ to re-develop the Marina were impossible because we were in the process of going broke. We never could have proceeded before because we had no money! The City had been slowly going down hill for 15 years or so until things started to turn around in 2017. So all the talk about ‘redevelopment’ was just that: Talk. In fact, this is our first legit whack at the ball. All that jazz  ‘previous attempts’ is simply untrue.

I get that people are frustrated. But don’t conflate frustration over how long its taken to get here with serious attempts to develop the Marina. This really is our first serious time at the plate.

It’s the process, stupid…

However, this is the real deal breaker–the absolute worst. And it likely won’t resonate with the residents like it should But it all comes down to that boring word ‘process’.

Even if (as many people do in private) one acknowledges that there are some (cough) ‘gaps’ in the process, the reason it’s supposed to be OK is that:

“This is just the start. We’ll have plenty of time for votes and amendments.”

No we won’t. If the current majority holds ranks, they will take an up/down vote at every point. Just as there was never a vote or discussion on the purpose of that parcel and there will not be any amendments to whatever the City Manager/Economic Development Director submits.

Well first of all because I attended the last serious Marina Redevelopment

Study Session (Agenda) in 2019.

And also there’s this: In my two years on the Council, at each annual Budget vote (which this year also occurred at the same meeting Nov. 18, 2021). there is a required section for Councilmember Amendments. In both my years on the Council I have tried to present amendments for consideration. (After all, we’re supposed to be legislators, right?)

This year my amendments totaled a whopping $41,204. Out of $29,000,000. That’s a little over one tenth of one percent. And what did I want all that splashy moolah for? Well, as you can read for yourself in the link:

  • Fix the web site.
  • Create a public engagement program.
  • Install a camera in the conference room so that committee meetings could be recorded post-COVID.

You know. Extravagances.

And in both years, the Mayor simply ignored that part of the process and went straight to an up/down vote on the entire $29,000,000. You didn’t notice that obvious violation of parliamentary process because none of my colleagues objected. He literally did not allow it. Because my colleagues were fine with it? It was fine.This is one of those things I absolutely struggle to explain to the public: The City Council polices itself entirely. There is no ‘cop’. Regardless of how egregious something may be at a meeting, if no one objects, there is literally no problem. And since the public has no idea how parliamentary process is supposed to work (or cares much), there is no oversight. If you haven’t fallen asleep reading this paragraph, I salute you.

But that is what we do in DM.

So no, things are not fine. By selecting one developer from one legit applicant in a 15 day review process by the City Manager’s dept. heads with no experts and no members of the public and where there is obvious prior ‘connections’? The entire process is suspect. All of it.


*OK, the revenue we’re talking about is in the $6.5M range. Sounds massive, right? Actually, out of the sales tax, lodging tax and B/O tax, we’re lucky to see $200k. Really. No. Really. I don’t think the public understands how much sales it takes to make a meaningful difference to a small city. Out of all that ‘tax’, most of it goes somewhere else besides the City of Des Moines. You should take that up with your State and County representatives. Seriously. Rather than new State programs that we have to claw back, I would love it if we could just keep more of the original tax and skip the middleman.

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