>> OKAY, LET'S GO.
>>> SO GOOD AFTERNOON, THIS IS
THE MEETING OF THE PUBLIC
ASSETS AND NATIVE COMMUNITIES
COMMITTEE.
THE DATE IS MARCH 2nd AND THE
TIME IS 2:00.
MY NAME IS DEBORA JUAREZ.
I'M CHAIR OF THE COMMITTEE.
CLERK WILL YOU PLEASE CALL THE
ROLL.
CLERK.
>> COUNCIL MEMBER PEDERSEN.
>> HERE.
>> COUNCIL MEMBER MOSQUEDA.
>> PRESENT.
>> COUNCIL MEMBER HERBOLD.
COUNCIL MEMBER SAWANT.
>> PRESENT.
>> FOUR MEMBERS PRESENT.
>> THANK YOU.
SO WE MOVE TO APPROVAL OF THE
AGENDA.
THERE'S NO OBJECTION.
THE AGENDA WILL BE ADOPTED.
HEARING NO OBJECTION, THE
AGENDA IS ADOPTED.
I WILL NOW MOVE TO THE CHAIR.
WELCOME TO THE PUBLIC ASSETS
AND NATIVE COMMUNITIES
COMMITTEE FOR 2021, TODAY WE'LL
HOLD A HEARING ON 32 APPEALS OF
THE HEARING EXAMINERS INITIAL
REPORT ON THE WATERFRONT LID
NUMBER 7651.
THAT'S THE FINAL ASSESSMENT
ROLE.
WE RECEIVED THE FINAL REPORT ON
FEBRUARY 1, MONDAY FEBRUARY 1,
2021.
THIS COMMITTEE WILL MEET AGAIN
ON APRIL 6 TO HEAR ADDITIONAL
APPEALS OF THE HEARING
EXAMINERS INITIAL REPORT AND
HEARING EXAMINERS FINAL REPORT.
BECAUSE THE APPEALS ARE QUASI
JUDICIAL MATTERS, THE COMMITTEE
IS NOT ABLE TO ACCEPT PUBLIC
COMMENT.
THE COUNCIL RULES WILL HAVE TO
BE SUSPENDED WHILE THE
COMMITTEE IS HEARING THE
APPEALS.
IF THERE'S NO OBJECTION, THE
COUNCIL WILL BE READY TO
PROVIDE PUBLIC COMMENT AT
COMMITTEE MEETINGS WILL BE
SUSPENDED TO NOT ALLOW PUBLIC
COMMENT TODAY OR AT THE APRIL6
PUBLIC ASSETS AND NATIVES
COMMUNITY MEETINGS.
HEARING NO OBJECTION.
AND WE WILL BE WALKED THROUGH
THE STANDARD OF REVIEW AND
SCOPE OF THE COMMITTEE'S
RECOMMENDATION.
HE'S GIVEN GUIDING MATERIALS
WELL AHEAD OF THIS MEETING.
BEFORE WE BEGIN, ERIC I WANT TO
THANK YOU.
I WAS ABLE TO READ THE MEMO AND
THE ATTACHMENTS LISTING THE 32
APPEALS.
THE THIRD ATTACHMENT IN REGARDS
TO THE REFERENCES TO THE RECORD
FROM THE ASSESSMENT ROLE
HEARING ON THE WATERFRONT LID.
BASICALLY THESE ARE THE
REFERENCES THAT ARE IN ERIC'S
MEMOS AND THERE ARE FIVE OF
THEM.
AND THE LINKSS ARE THERE THAT
ALSO INCLUDES THE OBJECTIONS.
THESE ARE ALL THE DOCUMENTS
LISTED IN ERIC'S MEMOS.
SO YOU CAN GO AND CLICK AND
OPEN EACH ONE OF THEM UP.
THAT ACTUALLY PROVIDES THE LINE
UP INFORMATION.
SO WITH THAT.
NEGINE CAN WE START THE
HEARING.
CAN YOU PLEASE READ ITEM ONE
INTO THE RECORD.
>> ALL RIGHT AGENDA ITEM ONE.
HEARING ON APPEALS TO THE
FINDINGS AND RECOMMENDATION OF
THE HEARING EXAMINER ON THE
FINAL ASSESSMENT ROLE FOR THE
WATERFRONT LOCAL IMPROVEMENT
DISTRICT NUMBER 6715.
>> THANK YOU NEGINE.
I WILL OPEN A HEARING ON THE
APPEALS TO THE FINDINGS AND
RECOMMENDATIONS BY THE HEARING
EXAMINER ON THE FINAL
ASSESSMENT ROLE FOR THE WATER
IMPROVEMENT DISTRICT 6715 THAT
ARE IN CLERK FILE.
CAN YOU PLEASE WALK US THROUGH
YOUR PRESENTATION.
>> GOOD AFTERNOON I'M ERIC AND
I WORK ON THE CENTRAL STAFF.
I WILL MOVE THROUGH SOME
BACKGROUND INFORMATION AND AS
THE CHAIR DESCRIBED.
WE TALKED ABOUT THE STANDARD OF
REVIEW AND SCOPE OF
RECOMMENDATIONS FOR APPEALS AS
NOTED I PROVIDED A MEMO WITH
SOME ATTACHMENTS IN ADVANCE.
I HOPE ATTACHMENT NUMBER OF ONE
IS ESPECIALLY HELPFUL.
THE NUMBER PROVIDES A LINK TO
EACH AND I HOPE THAT WILL HELP
SUPPORT THE DISCUSSION AND
QUESTIONS FROM THE MEMBERS OF
THE COMMITTEE.
I WOULD LIKE TO GO THROUGH A
BRIEF REPRESENTATION.
INSTEAD OF SAYING LOCAL
IMPROVEMENT DISTRICT I WILL SAY
LID OR LID.
THAT'S JUST SOME JARGON TO
DEFINE FOR THE FOLKS THAT ARE
TUNING IN.
>> BEFORE WE BEGIN, NORMALLY I
DON'T DO THIS BUT I'M GOING TO
ASK FOR BECAUSE THIS IS QUASI
JUDICIAL THAT I GET ERIC TO GET
THROUGH THE PRESENTATION.
HOW DO YOU WANT TO DO THIS
ERIC.
I'M MORE INCLINED TO LET YOU GO
THROUGH IT AND THEN COME BACK
OR WOULD IT INTERRUPT YOUR FLOW
TO STOP WHEN SOMEONE HAD A
QUESTION?
>> I CAN OFFER A HYBRID.
THIS SORT OF CLEAN I THINK
PAUSES OR BREAKS AND THE PIECES
IN MY PRESENTATION IT'S BRIEF.
SO DON'T WORRY.
MAYBE I CAN JUST INDICATE THOSE
PAUSES AND ASK IF FOLKS HAVE
QUESTIONS AT THAT TIME.
>> OKAY.
>> DOES THAT WORK?
>> YEAH IT DOES.
I JUST HAVE TO REMIND, I KNOW
MY COLLEAGUES KNOW THIS AND SO
DO THE LEGISLATIVE ASSISTANTS
BUT I JUST WANT THE PUBLIC TO
KNOW BECAUSE THIS IS QUASI
JUDICIAL.
WE DON'T HAVE THE USUAL ROBUST
DISCUSSION WE WOULD HAVE ON
OTHER MATTERS, SO GO AHEAD.
GO AHEAD ERIC, THANK YOU.
>> YEAH, SURE THING.
YES, SO I TOOK THE ORIENTATION
OF THE WATER LID ASSESSMENT.
THROUGH ORDNANCE 125750 THE
FINAL ASSESSMENT ROLE FOR THE
WATER L.I.
D. THE FINAL ASSESSMENT IS THE
LISTING OF ALL THE PROPERTIES
WITHIN THE BOUNDARIES OF THE
L.I.D.
WITH THE AMOUNT TO BE ASSESSED
AGAINST EACH PROPERTY AND THAT
AMOUNT IS BASED ON THE INCREASE
IN VALUE ACCRUING TO EACH
PROPERTY.
THIS IS CALLED THE SPECIAL
BENEFIT.
THAT YOU CAN ATTRIBUTE TO THE
CONSTRUCTION OF THE LOCAL
IMPROVEMENTS.
THERE ALWAYS HAS TO BE A
SPECIFIC LIST OF THE
IMPROVEMENTS AND FOR THE L.I.D.
THOSE IMPROVEMENTS INCLUDE THE
PROMINADE, THE STREET
CONNECTION.
THE SCAPE IMPROVEMENTS AT PIER
58.
THERE'S MORE ATTACHED TO THE
ORDNANCE 25760.
AND THE IMPROVEMENTS ARE A
COMPONENT.
THE ESTIMATED COST IS $347
MILLION HOWEVER, THE WATERFRONT
L.I.D.
ASSESSMENT IS CAPPED BY THAT
ORDNANCE TO $160 MILLION PLUS
ABOUT $15.5 MILLION IN
FINANCING COST.
SO IT'S A TOTAL OF ABOUT 175,
$176 MILLION AS THE CAP FOR THE
L.I.D.
ASSESSMENT.
CITY OTHER CITY FUNDS, STATE
FUNDS IN PHILANTHROPIC SOURCES
WOULD ROUND OUT THE ENTIRE
CENTRAL WATERFRONT BUDGET.
SO THAT'S A BREAK.
I WILL ASK IF ANYONE HAS ANY
QUESTIONS.
>> THE ONLY THING I WOULD ADD,
LET ME DO THIS QUICKLY.
>> SURE.
>> WE KNOW THE TOTAL COST FOR
THE L.I.D.
IS 737 MILLION.
ARE YOU GOING TO TALK ABOUT, OR
I CAN SAY IT AS WELL.
THAT THE NUMBER ONE CONTRIBUTOR
FOR THE FUNDING IS THE CITY IS
PUTTING IN 260 MILLION.
THE STATE IS PUTTING IN 207
MILLION.
THE WATERFRONT L.I.D.
IS 160 MILLION AND WE HAVE A
>> PHILANTHROPIC.
PHILANTHROPY.
>> YES.
>> I STRUGGLE WITH THAT WORD
TOO.
>> AND WE'RE TALKING ABOUT THE
BUCKET FOR THE L.I.D.
WOULD OFFER AND I THINK IT WAS
A VERBAL SLIP.
YOU SAID FOR THE LID FOR THE
VERY BEGINNING FOR THE OVER ALL
WATERFRONT PROGRAM THE ENTIRE
PACKAGE.
>> YOU'RE RIGHT AND I
APOLOGIZE.
>> NO IT'S OKAY, I JUST
THOUGHT.
>> THANKS.
>> YEAH NO PROBLEM.
I CAN, PROVE RIGHT ON THROUGH
OR IF YOU HAVE ANY MORE
QUESTIONS.
OKAY I WILL MOVE ON.
SO WE ARE HERE TO HEAR
RECOMMENDATIONS AND BRING THE
PLAN TO THE COUNSEL.
ABOUT 320 PROPERTY OWNERS OF
THE MORE THAN 6,200 PROPERTIES
SUBJECT TO THE L.I.
D. ASSESSMENT SUBMITTED TIMELY
HEARINGS.
THIS IS KNOWN AS THE HEARING
EXAMINERS INITIAL REPORT.
THAT'S FILED IN A CLERK FILE
321780.
TODAY'S HEARINGS ARE FOR
APPEALS OF THAT INITIAL REPORT.
THIS IS A TIME FOR THE
COMMITTEE TO CONSIDER THE
APPEALS, HERE TRANSPARENTLY IN
THIS HEARING.
ON MARCH 6, WE WILL HEAR
APPEALS FROM THE FINAL REPORT
OF THE HEARING EXAMINER.
THAT FINAL REPORT RESULTS FROM
THE FACT THAT IN THE INITIAL
REPORT THERE WERE 17
PROPERTIES, RECOMMENDED FOR
REMAND.
THE EXAMINER TOOK THE FINAL
REPORT INCAPSULATES.
>> I SHOULD ADD THAT COUNCIL
MEMBER HERBOLD HAS JOINED US.
WELCOME.
>> THANK YOU.
>> IF YOU HAVE ANY QUESTIONS I
WILL MOVE RIGHT ALONG.
AS A REMINDER THE MATTER OF AN
APPEALS FOR AN L.I.D.
IS QUASI JUDICIAL AS THE CHAIR
MENTIONED.
AS A QUASI JUDICIAL MATTER THE
COUNCIL MEMBERS MAY NOT HAVE
DIRECT OR INDIRECT
COMMUNICATION WITH ANYONE ABOUT
THE AREAS OF A PARTICULAR
APPEAL OUTSIDE OF A COUNCIL
HEARING OR A MEETING
CONSIDERING THE WATERFRONT L.I.
D. THIS MEETING IS ALL ABOUT
THAT.
SO THE MATTER OF DISCUSSION
TODAY IS ABOUT THE APPEALS.
IT'S IMPORTANT TO TALK ABOUT
THE SM D, THE REVIEW BY THE
COMMITTEE ON THE APPEALS QUOTE
SHALL BE LIMITED TO AND SHALL
BE BASED SOLELY UPON THE RECORD
FROM THE HEARING ALTHOUGH THE
COMMITTEE MAY PROVIDE ORAL OR
WRITTEN ARGUMENTS.
FOR THE HEARINGS BEFORE THE
COMMITTEE TODAY APRIL 6, NO
OPPORTUNITY FOR ADDITIONAL ORAL
FOR WRITTEN ARGUMENT OR
COMMENTS WILL BE PROVIDED.
FURTHER, THE COUNCIL QUASI
JUDICIAL RULES REQUIRE THAT THE
HEARING EXAMINER'S DECISION
SHALL BE AFFORDED SUBSTANTIAL
WEIGHT AND THE BURDEN OF
ESTABLISHING THE CONTRARY IS
UPON THE APPEALING PARTY.
MOVING RIGHT ALONG TO THE SCOPE
OF DECISIONS ON APPEALS.
THE REVISED CODE OF WASHINGTON
AND THE SEATTLE MUNICIPAL COURT
PROVIDE THAT AFTER HEARING ALL
THE APPEAL IT IS CITY COUNCIL
MAY ACCEPT THE ASSESSMENT RULE
AS RAISED, LOWERED, CHANGED OR
MODIFY THE ROLE OR SET ASIDE
THE ROLL ROLE IN ORDER TO BE
MADE.
COMMUNITY CHOICES THEN FOR
RECOMMENDATIONS TO THE COUNCIL
AFTER HEARING THE APPEAL ARE
NEGATIVE TO THOSE ACTIONS.
AFTER THE COMMITTEE CONSIDERS
ALL THE APPEAL, COUNT CENTRAL
STAFF, THAT WOULD BE ME, WILL
PREPARE A REPORT FOR THE
COUNCIL.
THERE ARE NO COMMITTEE ACTIONS
ON RECOMMENDATIONS OF THE
APPEALS ON TODAY'S AGENDA.
>> JUST BRIEFLY.
WE STARTED OUT WITH I DON'T
REMEMBER WHAT THE NUMBER ARE.
THEN I PULLED 17 AND WE'RE
GOING TO REMAND THEM BACK.
NOW WE'RE AT 32 AND WHAT ARE WE
ANTICIPATING FOR APRIL.
>> YEAH, I HAVE SOME NUMBERS
FOR THOSE.
SO THE TOTAL TODAY THE APPEALS
ARE FOR THE INITIAL REPORT.
THERE WERE MORE APPEALS FROM
THE INITIAL REPORT IN APRIL.
IN TOTAL BETWEEN TODAY AND
APRIL 6 IS 75 VALID APPEALS ON
THE INITIAL REPORT.
THERE WERE 35 VALID APPEALS OF
THE FINAL REPORT THAT WERE
FILED.
HOWEVER 30 OF THOSE AMENDED
APPEALS FROM THE INITIAL
REPORT.
SO ALL TOGETHER IN TOTAL IN
TERMS OF ACTUAL CASE FILES FOR
THE HEARING EXAMINER IS 7 OF
THEM.
AND THE FLOW OF THE MEETING
WILL HAPPEN.
MY EXPECTATION IS THE COMMITTEE
WILL CONSIDER THOSE INITIAL
APPEALS TOGETHER WITH THE
AMENDED APPEALS.
SO, VERY QUICKLY THEN, THERE'S
70 APPEALS TOTAL.
AND YOU'RE DEALING WITH 33 OF
THEM TODAY.
>> OKAY, GREAT.
>> I HOPE THAT WAS SUCCINCT
ENOUGH.
>> YES.
IS THERE ANY QUESTION FROM MY
COLLEAGUES TO ERIC REGARDING
THE L.I.D.
AND THE PROCESS.
HEARING NO FURTHER QUESTIONS
I'M CLOSING THE HEARING TO THE
APPEALS BY THE EXAMINER ON THE
FINAL ASSESSMENT ROLE.
FOR WATERFRONT LOCAL
IMPROVEMENT DISTRICT 6751 THAT
ARE FILED IN THE CLERK FILE
NUMBER 721893.
BEFORE WE ADJOURN, LET ME JUST
SHARE THIS.
APRIL 6th OF THIS COMMITTEE AS
ERIC WAS SAYING TO FINISH OFF
THAT FINAL TRENCH OF APPEALS
THAT ADDS UP TO 70.
AND I'M LOOKING AND ERIC
CORRECT ME IF I'M WRONG I THINK
WE'RE LOOKING AT MAY, JUNE TO
EITHER PASS OR REJECT THE
HEARING EXAMINERS
RECOMMENDATIONS.
>> YES THAT'S MY UNDERSTANDING.
>> THAT IS THE PROCESS.
SO WE WILL HEAR YOU APRIL 6th
AND WE WILL HEAR FROM COUNSEL.
AND HOPEFULLY WE WILL HAVE A
VOTE BY MAY, JUNE.
WITH THAT IS THERE ANY OTHER
QUESTION.
COUNCIL MEMBER MOSQUEDA IS
THERE ANYTHING YOU WANT TO
SHARE.
I CAN'T BELIEVE YOU'RE ALL SO
QUIET TODAY.
OKAY.
SO WITH THAT, IS THERE ANYTHING
ELSE?
OKAY, WE STAND ADJOURNED.
THANK YOU.
>> THANK YOU.
>> BYE.
>> BYE, THANK YOU GUYS.