King County

Department of
Executive Services

Chinook Building
401 Fifth Avenue, Suite 135
Seattle, WA 98104-1818
Phone: 206-263-9750
Fax 206-296-3829
TIY Relay: 711

May 16, 2017

Councilmember Mike O'Brien

Chair, Sustainability and Transportation Committee
City Hall, 600 Fourth Ave., 211d Floor
Seattle, WA 98104

Dear Councilmember O'Brien,

King County has reviewed a proposed City of Seattle ("City") Council Bill (Council Bill
118963 V.1) amending Section 23.76.006 of the Seattle Municipal Code ("SMC") and
concerning City land use decisions to waive or modify development standards for Youth Service
Centers. While King County recognizes and respects the City Council's inherent authority to
promulgate amendments to the Seattle Municipal Code, the legislation's potential impacts on
vested rights and long-established state policy regarding the finality of land use decisions raises
serious concerns.

Council Bill 118963 purports to apply retroactively to the date of Ordinance 124610 and
any pending appeal of a Youth Service Center decision filed after the effective date of that
ordinance. The City is aware that King County has obtained a Master Use Permit ("MUP") for
construction of the King County Children and Family Justice Center ("CFJC"), and that a
superior court appeal is ongoing. The CFJC site is currently under construction.

The CFJC will replace the existing, outdated Youth Services Center with a flexible and
therapeutic facility that provides modern youth and family court services as well as a trauma-
informed juvenile detention center. The new facility will provide a respectful and supportive
environment to link even more youth and families court-involved or not - with services and
non-profit organizations in their own communities.

If the Council Bill is passed in its present form, it cannot operate so as to impair the
County's vested rights under both Chapter 23.76 SMC and this state's vested rights doctrine, as
currently interpreted by the Washington State Supreme Court. Any interference with the
County's ability to proceed with construction of the CFJC, based on the passage of Council Bill
118963 alone, would be unprecedented given the City's past recognition of and adherence to state
vesting laws. Constitutionally-based state vesting laws recognize that public or private
development projects require significant investments of time and money. Were the City to
attempt to retroactively apply Council Bill 118963 to the final CFJC MUP it would represent a
Mayl6,2017
Councilmember O'Brien
Page 2 of2

major departure from well-established due process principles that protect all vested projects
throughout the state of Washington.

Council Bill 118963 appears to be an attempt to delay the construction of the CFJC. Given
that state law requires the County to operate a juvenile detention facility, until the CFJC project is
complete King County will have no option but to continue operating the existing facility--an
aged, institutional-style environment with 100 more beds than necessary. As City
Councilmembers are aware, unnecessary project delays risk additional project cost at taxpayer
expense. The costs of delay due to the City's actions could be very substantial, given that
construction is ready to begin. The County's rights with respect to this project have vested.

I can be reached directly at (206) 263-9750 for further discussion regarding this matter.

Sincerely,

Caroline Whalen
County Administrative Officer
Department of Executive Services

cc: Mayor Ed Murray

Councilmember Tim Burgess
Councilmember Lisa Herbold
Councilmember Bruce Harrell
Councilmember Debora Juarez
Councilmember Kshama Sawant
Councilmember Sally Bagshaw
Councilmember M. Lorena Gonzalez
Councilmember Rob Johnson
Pete Holmes, City Attorney
Nathan Torgelson, Department of Construction and Inspections, Director