FoLMoorage vs City of Seattle

Citizen’s Initiative 42 

The Friends of Lakewood Moorage sued the city for authorizing an invalid lease with Dwight Jones, currently of Marina Management LLC (formerly of Foss Waterways Management). The best claim is one based on Citizen’s Initiative 42 (above), the law that prevents a transfer of park property unless the city can show there is no reasonable alternative and that it doesn’t amount to a change of use. The Lakewood Team offered a reasonable and more practical alternative, one that didn’t deprive the city of revenues and completed repairs in phases with no displacement of tenants and no interruption of revenue stream. Changing the Leschi Sailboat Moorage to a marina for powerboats and yachts is a significant change of use, and contrary to Seattle’s stated policy that Leschi Moorage is a sailboat moorage. The 1986 concession agreement was “intended to be for the benefit of persons using Leschi Moorage to participate in sailboat racing on Lake Washington.”

Seattle Ordinance 125391 Authorizing 40 Years of Privatizing Public Moorage

This is the ordinance that council passed when approving the legislation. So many shenanigans by Parks and by the Parks Committee to get this pushed through committee and on to full council for a final vote before the summer recess. Even though we only had 2 days to lobby council instead of the standard 10,  we were successful in getting O’Brien and Herbold to join Bruce Harrell in voting no.

Lease Agreement between Seattle and Marina Management LLC

For the first time in the history of Seattle’s lease and concession agreements for the public moorages is language authorizing the “tenant” to bring the leasehold agreement into a bank and use it for collateral for a loan. See Article 14 on page 20 in the lease agreement (above) if you’re interested. You might also find it interesting that Parks expects Leschi and Lakewood Moorage to be open for business from dawn to dusk each and every calendar day, and MM LLC “shall provide for meaningful access and use of the Marinas by the general public during business hours.” (Section 5.03) Parks believes, and Parks Chair Debora Juarez agrees, that providing public access to Ohler’s Island from dawn to dusk every day will somehow correct all the racial and social injustices in the city. Why not consider adding public bathrooms, picnic tables, garbage cans and water fountains all along the 3.5 miles of public Lake Washington shoreline? What better way to level the playing field than to provide toilets to fisher people and picnicking families, whose day spent enjoying Lake Washington would be made that much more comfortable?

 

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