Monthly Archives: May 2009

Grocers Join Mayor Nickels in Supporting Reusable Bags.

“Choose Reusable” seems simple but the plastics industry will be spending lots of money opposing the referendum slated for the August 18, 2009 Primary Ballot in Seattle. The American Chemistry Council of Arlington , Virginia has raised some $239, 453 to date and 7-Eleven has added $10,000 to the campaign.
Most of this money was spent last year to pay signature gatherers to collect signatures to put the 20 cent bag fee ordinance on the ballot. Expect a lot more money to be spent touting the convenience of throwaway bags that the plastic industry makes money off of but which frequently wind up as litter and waste resources. The plastic bags are made from petroleum.
Mayor Nickels in recently kicking off the campaign to get voters to vote for reusable bags stated in a press release that “Both paper and plastic disposable bags harm our environment, and every year, residents in Seattle throw out 360 million of them. That’s simply unsustainable. Bringing your own bag is an easy way to make a big impact. This campaign will help shoppers with the toughest part: remembering to bring your reusable bags to the store.”

What is interesting is the number of grocers and other stores that have joined with Nickels in promoting reusable bags at their stores. Here is a list of stores joining the “Choose Reusable” voluntary public-private partnership from the Mayor’s press release: Albertsons, AmazonFresh.com, Bartell Drugs, Cartridge World Seattle, ChicoBag, Fred Meyer, Hilltop Red Apple, JCPenney, Kress IGA Supermarket, Madison Market, Magnolia Thriftway, Metropolitan Market, PCC Natural Markets, Promenade Red Apple, QFC, Safeway, Seattle Lighting, Shoreline Central Market, Supervalu, Target, Town & Country Ballard Market, Town & Country Greenwood Market, Tucker Bags, Unified Grocers, Uwajimaya, Village Market Thriftway, Wal-Mart, and West Seattle Thriftway.

Also supporting the effort is the Seattle Chamber of Commerce. Nickels press release notes that the following “organizations and businesses are donating reusable shopping bags to low-income families through the city or nonprofit organizations: Seattle Public Utilities, Northwest Grocery Association, Tucker Bags, Washington Food Industry, Bartell Drugs, JC Penney, Target, Wal-Mart, AmazonFresh.com, ChicoBag, Cartridge World Seattle, and Seattle Lighting.”

This is a good way to get people used to bringing their own bags. The more people that are already using reusable bags, the more advocates and public examples there will be for supporting the bag fee on the August 18, 2009 Primary.
Reusing bags ultimately says the consumer and the grocery stores money. Bags are not free. Grocery stores buy them and you pay for them in your overall grocery bill. And you pay for them in landfill disposal costs which go up as more waste is thrown away.
Many stores have been selling reusable cloth bags for $1.00 each. Use it 5 times and you will be saving 20 cents each time you use it again after that when the 20 cent bag fee passes. It takes a little while to get in the habit of remembering your bags when you shop. But our family still uses a couple of canvas bags we purchased some 20 years ago from PCC in Seattle.

Seattle Needs an Urban Forestry Commission

Right now eight different Seattle departments deal with trees. There is no overall coordination or vision. While an Urban Forestry Management Plan has been drafted, it has never been approved by the Seattle City Council. A just released Report by the Seattle City Auditor entitled Management of City Trees can be Improved noted that it would help if all the city department tree efforts were consolidated in one place for oversight and coordination.

One way to do this is to establish an Urban Forestry Commission which could review existing plans like the Urban Forestry Management Plan and also new legislation to protect existing trees in Seattle and work to increase trees overall.

Council member Nick Licata has proposed creating just such an Urban Forestry Commission. Places like San Francisco and Portand both have Urban Forestry Commissions.

Here are 4 points I think such legislation needs to include in Seattle:

i. The concept of habitat and green infrastructure should be incorporated into the urban forestry language in the ordinance. The issue is not just about trees. This is where the idea of saving exceptional trees falls short because urban forestry is about saving the green infrastructure, not just individual trees. That means saving habitat for plants and animals which include trees but also vegetation, soil, birds and other animals that live in the habitat. It is about preserving ecosystem functioning which deals with larger concepts like community structure and watersheds. Trees are an important component of these but an urban forest is comprised of more than just a bunch of individual trees.

ii. The makeup of the Urban Forestry Commission should be by areas of expertise rather than organizations. It should be comprised of people with the ability to provide expert opinion and evaluation on urban forestry issues, not just political positions. The development community, for example, already has significant input and influence in departments like DPD. Some other departments seem to lack the expertise in house to evaluate urban forestry issues. Areas of expertise on the Urban Forestry Commission should include ecology, urban planning, arboriculture, landscape architecture, horticulture, and urban forestry.

iii. The Urban Forestry Commission should be an advocate for preserving Seattle’s urban forest. It should not be another tool for development interests or other special interests to exert their influence. The Urban Forestry Commission should be a counterbalance to forces pushing for development at any cost, regardless of the impact on the environment. To do that you have to be sure that the Commission is not stacked with members whose main concern is not sound urban forest management.

iv. The Urban Forestry Commission should represent expertise on urban forestry issues and be able to present scientific and factual information to the Mayor and City Council on legislation. The Urban Forestry Commission can be a place where proposals and projects can be reviewed for sound science, ecological considerations, sustainability and consistency with existing environmental laws, not a place to balance competing political views. It does not and should not have to decide between competing political interests. That is the role of the Mayor and City Council.

Obama Appoints "Unabashed Liberal" "Hispanic""Woman" to US Supreme Court.

“Unabashed Liberal” Who cares that Karl Rove today said that Obama’s Supreme Court appointment is an “unabashed liberal”? Anyone to the left of Karl Rove is an unabashed liberal and the public has said good riddance to the Rove/Bush /Cheney era because it failed to live up to what America is and what it can become.

Let the Republicans add “Woman” and “Hispanic” to the list. Whatever helps to speed up their digging their own grave, so much the better. Fortunately the country is moving on faster than they are able to keep up.

Obama today nominated as many expected, US Appeals Court Judge Sonja Sotomayer to the US Supreme Court. When confirmed, as appears likely considering the current makeup of the US Senate, she will only be the third woman to sit on the US Supreme Court since its inception in 1789. She will also be the first Hispanic.

She would become the 111th member of the US Supreme Court, joining what has been for 220 years an old boy’s club. Out of the previous 110 Supreme Court Justices only two, Sandra Day O’Connor and Ruth Bader Ginsburg , have been women.

SCOTUS.com notes that conservatives will be fighting a losing battle opposing Sotomeyer. They believe that:

“Republicans cannot afford to find themselves in the position of implicitly opposing Judge Sotomayor. To Hispanics, the nomination would be an absolutely historic landmark. It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.

Scotus.com suggests that Republicans will back off and states “with Justice Stevens’s retirement inevitable in the next few years, Republican senators are very likely to hold off conservative interest groups with promises to sharply examine President Obama’s second (potentially white male) nominee.”

This is where I hope POTUS.com is wrong. “Potentially white male” as Obama’s next choice is wrong. Obama has a chance to change the court and the country to reflect the voting public. Frankly I think Obama should appoint more women. The Supreme Court is so out of balance that its time to make a dynamic shift and right the imbalance. It would be fun watching the Republicans scream “What another woman?” as Obama appoints the fourth, fifth and sixth woman to sit on the US Supreme Court. Why not? Let’s see some audacity. Let’s see some hope for real change, not just tokenism.

Lloyd Hara to Run for King County Assessor

With less than a week to go before filing starts for politcal office, Seattle Port Commissioner Lloyd Hara is changing races. He has decided to run for the vacant seat of King County Assessor with the conviction of Scott Noble on drunk driving charges – leaving the Assessor’s Office vacant.

Hara’s shift also brings a complete change to the Seattle Port Commission races – opening up a new seat without an incumbent. Port Commissioner races are like school board races. Candidates basically need to be retired or independently wealthy or capable of being tireless workhorses or have a working spouse.

Meanwhile being the King County Assessor is actually a paying job. Hara has served as a Port Commissioner for 3 1/2 years and said he would finish out his term. Hara previously was the Seattle Treasurer until that job was eliminated. He has also been an assessor in the past.

In a press release today Hara said:

“Over the course of the last several weeks and this Memorial Day weekend, I’ve had a number of people step forward and urge me to run for King County Assessor. It has been truly humbling.
County taxpayers are hurting. Thousands have been laid off from work and are finding it hard to find a new job to pay their mortgage and taxes. Others have taken pay cuts or seen their pay dramatically reduced.
At the same time, their property values have plunged. But these new, lower property values are not reflected in their King County property taxes. Taxpayers are being taxed as if the market was still appreciating at a double-digit clip. It isn’t. Taxpayers deserve a fair shake from the County Assessor. If there has been an across-the-board reduction in property values, local property taxes should reflect that. It is only fair.
Taxpayers count on King County government to treat them fairly and honestly.That, in part, is the paramount duty of the Assessor.
I am proud of my years as both Seattle City Treasurer and Seattle Port Commissioner. I always put the interest of taxpayers first. The same would be true if I was selected as King County Assessor.
And because I have previous experience running a public office, I am ready to lead the office from Day One. I will submit my name for consideration of the interim appointment, along with running for the office countywide”

A major change in the Seattle Mayor’s race is also expected tomorrow. Councilmember Jan Drago is rumored to be ready to jump into the Mayor’s race.

An Open Letter to Senator Patty Murray and Senator Maria Cantwell

Dear Senator Patty Murray and Senator Maria Cantwell:

Thirty-seven Senators currently are co-sponsors of S 482 – the Senate Campaign Disclosure Parity Act. The bill requires candidates for US Senate “to file designations, statements and reports for campaign financing in electronic form.”

Both candidates for the US House of Representatives and for President file electronically. The Senate should join them in using the miracle of computers and electronic transmission of data.

I am surprised that you are not a co-sponsor of this bill and urge you to join as a co-sponsor. Washington State was a leader in campaign finance disclosure and still is.

Please add your support to S 482. The public deserves to have campaign finance reports available in a timely fashion.

It is both a waste of taxpayer dollars to send paper reports that need to be re-entered for filing and an unnecessary delay in the public’s right to know in a timely manner who is contributing to campaigns.

I also urge you to work to amend the bill to require monthly campaign reports like we have in Washington State for most candidates. Only reporting campaign contributions and expenditures every 3 months deprives the public of timely disclosure they have a right to know.

Steve Zemke
www.MajorityRules.org
May 25, 2009

see S 482 here.
see co-sponsors here.

Seattle School District Continues Fight to Cut Down Trees at Ingraham High School

Threatened NW Tree Grove at Ingraham High School

Despite a clear ruling by Seattle Hearing Examiner Ann Watanabe that the NW Forest at Ingraham High School was a rare and uncommon plant habitat and should be protected according to Seattle’s environmental laws, the Seattle School District is continuing its campaign to try to cut down 72 conifer and madrone trees in the grove.
The Seattle School District, obviously with the full agreement of the Seattle School Board and Superintendent Goodloe-Johnson, are choosing continued legal action and delaying construction of the Project by thumbing their noses at the taxpayers of Seattle and now the City of Seattle. They have filed a motion for reconsideration of the Seattle Hearing Examiner’s May 4, 2009 decision against the Project being built as proposed by the Seattle School district that unecessarily required cutting down the trees.

The Hearing Examiner ruled that the Ingraham High School Project

would reduce by half an uncommon habitat that the City’s SEPA policy says must be protected. Given the difficulty or impossibility of replacing this amount of habitat on the site, avoidance or reduction of impacts on the grove is required if such measures are reasonable and capable of being accomplished. In this case, DPD did not require and apparently did not evaluate whether the location or the structure footprint could be altered to avoid or minimize impacts on the northwest grove, and this was an error in light of SMC 25.05.675.N.2.

“… the use of other areas on this 28 acre campus, or at least the reduction of the proposed building footprint, would not be unreasonable or unworkable. Therefore the decision will be remanded to DPD to require additional mitigation in the form of relocation outside of the grove, or at least reduction of the addition’s intrusion into the northwest grove.”

Longtime Seattle School District Attorney G Richard Hill of McCullough Hill argues for the Seattle School District that the Northwest Grove is not an uncommon habitat despite correcting previous testimony presented for the Seattle School District by ESA Adolfson that ignored the presence of numerous native plant species found and documented by experts for Save the Trees – Seattle.

The Madrone conifer forest classification found at Ingraham High School comprises only about 2% of Seattle’s total forested public lands. Seattle Urban Nature in their report entitled “The State of Seattle’s Madrone Forest” noted that madrone forests are “rare” and “Because of their limited distribution on public lands and high ecological value, it is important to preserve and protect these areas as well as look for opportunities to acquire and protect remaining intact madrone forests”. SUN states in their conclusion that “unless we begin to actively manage these forests to reduce the impact of habitat loss, invasive species and other urban pressures; we stand to lose an incredibly valuable cultural and ecological resource.”

Rather than view the fact that Ingraham High School has an environmental treasure on its large 28 acre campus by virtue of the NW Forest area being a rare plant habitat that has both educational and ecological value, the School District argues that if they can’t build in the grove they will continue to cut down the understory rather than restore the area. In other words if they can’t have their way, don’t expect them to do anything to protect the rare plant habitat. What a great example of “my way or no way” bullying to teach our students how the real world works.

During the latest Hearing Examiner process, evidence was entered into the record that pointed to the Seattle School District saying one thing to the public and another thing internally. E-mails obtained through public records from the school showed that at the same time the District said they couldn’t build elsewhere on the campus, they were proceeding with planning for a future addition on the North side of the school on the open lawn area. This is one location Save the Trees argued they could build on now to save the NW Forest from being cut down.

One argument they publicly made was that a North side addition could only be a one story building. Yet in their internal e-mails they said the future addition would be a two story addition on the North side. Don Gilmore overseeing the BEX Projects confirmed under oath that it was a two story addition on the north side they were planning for. I guess he just forgot this when he wasn’t under oath and was speaking to the public.

Funny thing how the Seattle School District has been posting on their BEX website the progress on the Ingraham Project but are not posting all the facts. Now that they have received an unfavorable ruling, they have stopped updating the site to include a copy of this ruling. So much for keeping the public informed about the project.

A Building Excellence Hotline that claims to be the latest construction information refers only to the Project starting construction in spring of 2009 and mentions nothing about their adverse Hearing Examiner decision,

This is despite several hundred thousand dollars being added in Oct 2008 to cover “enhanced community outreach services”- part of $650,000 approved for Ingraham, Nathan Hale and Denny Sealth BEX projects. Looks like they only want to let the community know about what’s happening when it’s positive for them. It sure is good to see our taxpayer dollars selectively being spent to keep the public informed of only the School District’s favorable rulings.

Who’s raising the dough for Seattle City Council?

Filing as a candidate for the August 2009 Primary is coming up June 1 -5. Candidates for Seattle City Council are busy campaigning and raising money. Two Seattle City Council seats are open races. Jan Drago and Richard McIver are retiring. Two incumbents are running – Richard Conlin and Nick Licata.

Richard Conlin leads fundraising with $81, 303. Sally Bagshaw has raised $67,142. Nick Licata has raised $57,933 and Robert Rosencrantz 57,927.

Here is the breakdown for the active candidates. Information was obtained from the following websites: Washington State Public Disclosure Commission and City of Seattle Ethics and Election Commission . You can check out more information including who has donated to which campaigns by going to these sites.

The information below first lists how much money they reported raising through April 30, 2009 and how much of that they have spent.

City Council Position 2 – Incumbent is Richard Conlin

Richard Conlin …. $81,303 …. $18,661

David Ginsberg…. $18,193 …. $7,361

City Council Position 4 – Incumbent is Jan Drago (retiring)

Sally Bagshaw …. $67,142 …. $32,361

David Bloom …. $35,860 …. $5.417

Joshua Caple…. $740…. $700

Dorsol Plants …. $1,493…. $730

City Council Position 6 – Incumbent is Nick Licata

Jessie Israel…. $28,167…. $10,319

Martin Henry Kaplan …. $28,135…. $629

Nick Licata…. $57,933…. $30,180

City Council Position 8 – Incumbent is Richard McIver (retiring)

David Miller …. $33,354 …. $11,221

Mike O’Brien …. $40,019 …. $11,871

Robert Rosencrantz …. $57,927 …. $34,302

Jordan Royer …. $47,782…. $11,878

Rusty Williams …. $38,611…. $6,359

The Primary Election is August 18, 2009.

Seattle City Auditor Critical of Seattle’s Tree Management Policies

Seattle’s City Auditor today released a report today entitled “Management of City Trees Can be Improved.” A year in the making, one could argue that this report’s title is a classic example of understatement.

Citizens have been complaining for quite a few years that Seattle City Government has been avoiding acting to seriously save Seattle’s urban forest from both neglect and development. The Department of Planning and Development (DPD) for years has been giving developers thumbs up to cut down trees rather than finding ways to incorporate trees into the building process and landscaping.

The DPD Director’s Rule 6-2001 only classified about 1% of Seattle’s trees as significant and worthy of being saved. An updated version of this Director’s Rule 16-2008 revised the threshold to now classify a whopping 5% of Seattle trees as significant.

Unfortunately being classified as significant is not the same as “do not cut”. Instead it only means that more emphasis is put on requiring replacement trees. But cutting a 75 year old Douglas fir and replacing it with 2 saplings is hardly is any kind of equivalence.

So if Seattle’s urban canopy is now 18% and only 5% of those trees have a chance of being classified as significant, please tell me how Mayor Nickels plans to increase our tree canopy 30% in 30 year’s when 3/4’s of Seattle’s trees are on private property subject to development or redevelopment?

While Seattle has an Urban Forestry Management Plan written in 2007 that outlines a plan to increase our tree canopy, the Seattle City Auditor today in a briefing before the Seattle City Council noted that it has never been adopted by the Seattle City Council. And he noted that tree management responsibilities are scattered across 9 Seattle City Departments without any clear authority residing anywhere for overall management responsibility.

The Auditor’s report came up with 6 major findings:

1. Implementing new regulations is an important next step for tree preservation.

2. Funding issues are pivotal for implementing the Urban Forest management Plan.

3. Shared responsibilities place a premium on effective cooperation and coordination

4. The Urban Forest Management Plan’s education and outreach program is still in it’s preliminary stage.

5. A complete tree inventory has not been conducted.

6. The City’s management framework for implementing the Urban Forest Management Plan can be strengthened.

The Auditor’s report notes that “Most of Seattle’s trees are on private property and the greatest potential for planting new trees is also on private property. Hence, public outreach and education to promote proper management of privately owned trees and to encourage new tree planting are paramount in the City’s effort to sustain and expand the tree canopy.

Council President Richard Conlin in a press release on the Auditor’s Report state’s his belief that the city must “do a better job of providing incentives to landowners. Instead of removing tress to make development less expensive, the city should be helping developers actively trying to build in a way that maintains mature trees – which is in the property owners’ best interests. Right now the City does not provide that incentive.”

Maybe the incentive is as simple as reminding builders that mature trees can add as much as 7 to 19% to a property’s value. That seems like a good profit margin right there. Seven per cent on a $400,000 house is $28,000. That’s no small change.

What do guns have to do with credit card legislation?

In a step backward for reasonable gun control, a horde of Democratic Senators in Congress have voted to allow loaded guns in our National Parks. As noted in an e-mail from tha National Parks Conservation Association:

What does credit card reform legislation have to do with national parks? We asked ourselves that same question. But the rules of the U.S. Senate being what they are, Sen. Tom Coburn (R-OK) attached a rider to the Credit Cardholders’ Bill of Rights Act (H.R.627) that would allow individuals to carry loaded rifles, shotguns, and semi-automatic weapons in national parks if the firearm is in compliance with state law.

The Coburn rider overturns the existing, reasonable Reagan-era regulation that allows guns to be transported through national parks as long as they are unloaded and stowed away. Seven former Directors of the Park Service and current and former park rangers oppose the rider because they believe it will increase the risk of poaching and vandalism of historic resources, and put visitors at risk.

Washington State can thank our two Senators, Patty Murray and Maria Cantwell, for voting no on this cave in to the NRA to allow guns in our National Parks.

Unfortunately 25 other Democrats joined with all the Senate Republicans in adding this totally unrelated rider to HR 627. Democrats voting yes included Baucus (MT), Bayh (IN), Begich (AK), Byrd (WV), Casey (PA), Conrad (ND), Dorgan (ND), Feingold (WI), Hagan (NC), Klobucbar (MN), Kohl (WI), Landrieu (LA), Leahy (VT), Merkley (OR), Nelson (FL), Nelson (NE), Reid (WV), Shaheen (NH), Spector (PA), Testor (MT), Udall (CO),Warner (VA), Webb (VA), Wyden (OR), and Independent Sanders (VT).

The bill has to go back to the House for concurrence. E-mail, write or call your Representative and urge them to reject this pro-gun amendment being added to the credit card legislation. We don’t need guns in our National Parks.

As noted 10 years ago in the LA Times:

The United States has by far the highest rate of gun deaths–encompassing murders, suicides and accidents–among the world’s 36 richest nations, the first comprehensive international look at gun-related deaths found.
The U.S. rate for gun deaths in 1994 was 14.24 per 100,000 people. Japan had the lowest rate, at 0.05 per 100,000. …
The CDC would not speculate as to why the death rates varied, but other researchers said easy access to guns and society’s acceptance of violence are part of the problem in the United States.”If you have a country saturated with guns, available to people when they are intoxicated, angry or depressed, it’s not unusual guns will be used more often,” said Dr. Rebecca Peters, a Johns Hopkins University fellow specializing in gun violence. “This has to be treated as a public health emergency.”…
The 36 countries chosen were listed as the richest in the World Bank’s 1994 World Development Report.
The study used 1994 statistics supplied by the 36 countries. Of the 88,649 gun deaths reported by all the countries, the United States accounted for 45%, said Dr. Etienne Krug, a CDC researcher and co-author of the article.

Keeping loaded guns out of our National Parks is the right move to try to provide at least a few places where guns are not so prevelant.

More Details on The Ingraham High School Tree Victory by Save the Trees – Seattle

Threatened NW Tree Grove at Ingraham High School

For the past 16 months a group of dedicated people working under the umbrella of Save the Trees – Seattle has been working to save the NW Forest Area at Ingraham High School. While a final resolution has not been reached, the end to the Seattle School District’s intransigence is much closer.
The Seattle Hearing Examiner’s ruling released last week on Ingraham noted that the NW Forest is a rare plant habitat and that it should be protected under Seattle City environmental law. Because DPD did not consider proper conditioning for the loss of rare plant habitat, the Seattle Hearing Examiner reversed and remanded that part of DPD’s decision.
We are not in the woods yet because the Seattle School District has 21 days to appeal the decision to the King County Superior Court. And while the decision says one way to mitigate the impact is to move the project out of the NW forest area, the hearing Examiner also suggests that a smaller footprint for the project in the grove could be considered. We do not believe that the project can be further downsized but we need to be prepared to take further legal action if necessary to save the trees.
Through the support of many citizens across the city we have paid off our legal bills for getting to where we are. We are in a much stronger position now with the evidence in the Seattle Hearing Examiner’s record and the decision. We will continue the legal battle if the Seattle School District does not end its misguided and senseless effort to destroy the NW Forest area at Ingraham when viable alternative building sites exist.
We have on tap Keith Scully of Gendler and Mann ready to represent Save the Trees – Seattle. Keith successfully secured the Injunction to prevent cutting down the trees last year when the Seattle School District withdrew their construction permits for Ingraham, trying to use a loophole in city law avoid further environmental review of the project.
This loophole in city law has now been repealed by the Seattle City Council and a stronger tree protection law has been put in place that will prevent tree groves like Ingraham’s NW Forest area from being cut down in the future.
The Seattle Hearing Examiner confirmed that the NW Forest area at Ingraham is a rare plant habitat comprised of a conifer/madrone/salal association. Seattle Urban Nature has assessed that only 52 acres exist in Seattle.

The decision starts with consideration of SMC 25.05.675.N.2 which states
a. It is the City’s policy’s policy to minimize or prevent loss of wildlife habitat and other vegetation which have substantial aesthetic, educational, ecological and/or economic value. A high priority shall be given to the preservation and protection of special habitat types…
b. For projects which are proposed within an identified plant or wildlife habitat or travelway, the decision maker shall assess the extent of the adverse impacts and the need for mitigation.
c. When the decisionmaker finds that a proposed project would reduce or damage rare, uncommon, unique, or exceptional plant or wildlife habitat, wildlife travelways or habitat diversity for species (plants or animals) of substantial aesthetic, educational, ecological and/or economic value, the decisionmaker may condition or deny the project to mitigate its adverse impacts…
d Mitigating measures may include but are not limited to:
i. relocation of the project on the site;
ii Reducing the size or scale of the project; …

The Seattle Hearing Examiner noted that her “review in this case is limited to whether the Director committed a clear error in her decision on the SEPA conditioning for the project.”
The Hearing Examiner stated,

Appellants have argued that DPD erred by failing to treat the NW grove as a rare or uncommon habitat under SMC 25.05.675.N.2. It is not clear whether DPD considered the grove to be rare or uncommon, but the northwest grove is an uncommon plant habitat under the SEPA policy. … The northwest grove is uncommon on account of the conifer/madrone/salal plant association which is present, and the relative scarcity of that association.
The proposal would reduce by half an uncommon habitat that the City’s SEPA policy says must be protected. Given the difficulty or impossibility of replacing this amount of habitat on the site, avoidance or reduction of impacts on the grove is required if such measures are reasonable and capable of being accomplished. In this case DPD did not evaluate whether the location or the structure footprint could be altered to avoid or minimize impacts on the NW grove, and this was an error in light of SMC 25.05.675.N.2.
The record is limited since no alternatives were required to be analyzed in the DNS, and the project was not subject to the City’s design review process, where designs are typically scrutinized for reasonableness. Appellants point to the alternatives rejected by the District as mitigation measures: building a second story on the existing LMC building; placing the addition in the north lawn area; or moving it to the south where the portables are located. Appellants also note that the planned courtyard area places the addition further into the grove”….

“… on the record here, the use of other areas on this 28 acre campus, or at least the reduction of the proposed building footprint, would not be unreasonable or unworkable. Therefore the decision will be remanded to DPD to require additional mitigation in the form of relocation outside of the grove, or at least reduction of the addition’s intrusion into the northwest grove.”

Save the Trees- Seattle believes the only reasonable and viable alternative is to relocate the building outside the grove, like on the open north lawn area. DOT Arborist Bill Ames suggested in an e-mail early on that “Tree removal in the NW corner of the site (the new addition) seems excessive and can be modified in favor of the existing trees. One option would be to site the addition nearer to the existing building and creating a walkway, as opposed to the proposed courtyard, between the new and existing building.”

The Seattle School District said this was not possible as current fire code regulations say any new building must be separated from the existing building by the width they made the courtyard. They do not want to add the building directly onto the existing building because this will block existing classroom windows.

In addition a number of the madrone trees are currently on the east side of the NW Forest area and would be cut down no matter how close the addition is to the existing structure.

The reality is there is no need to cut down any of the NW Forest. The Seattle School District asked Integrus Architecture to draw up an Ingraham Master Plan for how the school could expand in the future. They picked the north lawn site as a preferred site to put a future two story building and e-mails.

We discovered through a public records request to the Seattle School District e-mails confirming placing utilities on the North Lawn area so as to be prepared for this option. The current proposed building should be moved to this site now. The school can have both its new classrooms and save the trees at the same time.

There is of course no guarantee that the Seattle School District will take this easy solution to the problem. That is why Save the Trees –Seattle urges people to contact the Seattle School Board and Superintendent Goodloe-Johnson and urge that they end this battle now by moving the building site to the north lawn or some other location.
Here is Superintendent Goodloe Johnson’s email: superintendent@seattleschools.com
Steve Zemke
Chairperson
Save the Trees – Seattle