Volume XXI, Issue 10 OCTOBER 2008

President's Message

Joe Tovar FAICP
jwtovar@comcast.net

Happy October! As I gaze out at the Olympic mountains and shipping traffic on Puget Sound from my condo's perch high above Edmonds (well, everything's relative - three stories is a skyscraper in this burg) I'm appreciating what gorgeous scenery and weather we have here in Washington state. A few weeks ago, I drove over Blewett Pass (my favorite pass) to the Planning Directors conference in Chelan, and in less than two weeks I get to travel across the state to our annual Chapter conference in Spokane. For such a geographically small state (only Hawaii is smaller among Western states), Washington has a remarkable diversity of landscapes and communities. We are blessed to live in such a magnificent place and privileged to work to keep this one of the most beautiful, vibrant, and sustainable states in the Union.

Our Chapter too continues to thrive and grow. Our upcoming conference is shaping up as one of our best ever, our profile in the public's eye has never been larger, and data from National shows our total membership numbers closing in on 1700. The on-line lecture series on Sustainability that our Chapter sponsored this summer was promoted by other APA Chapters in Georgia, Maryland, Utah, and Massachusetts. Likewise, our Chapter's white paper on the Cost of Land Use Regulations has received a lot of attention lately, including an effective presentation to the House Local Government Committee on September 11. Thanks to Rose Curran and Mike Hubner for representing the Chapter so well. We've posted their MS PowerPoint presentation to the Chapter's website and I understand that audio of the committee's hearing will soon be posted on www.tvw.org.

The work of the Land Use/Climate Change Committee (LUCC) created last session by Senate Bill 6580 is approaching its conclusion. At its last meeting, a straw poll of the voting members winnowed the likely recommendations down to a critical few, including the addition of climate change as an issue to be addressed among the GMA goals, a position advocated by APA Washington in last year's legislative session. One of the prime sponsors of SB 6580, Senator Chris Marr (D) - Spokane, has been a tireless and persuasive advocate for addressing climate change issues through the GMA. He has also been an active participant in the work of the LUCC committee. I am pleased to announce the legislative committee's selection of Senator Marr as our Chapter's Legislator of the Year. Sen. Marr will accept his award on the opening day of the Spokane conference, and also participate in the pre-conference workshop that morning. If you haven't signed up yet, it's not too late- surf over to the Chapter website.

I hope to see many of you in the Lilac City in just two weeks!

APA Regional Conference
Plan It for our Planet

Last chance reminder - the regional conference is less than two weeks away!
When: October 13-15, 2008
Where: Davenport Hotel, Spokane, Washington
For more information, go to: www.washington-apa.org/2008conf

National Community Planning Month
It's all about the Green

The American Planning Association will be celebrating National Community Planning Month in October. This year's theme is "Green Communities." The purpose of the green theme is to recognize the role planners have in helping ensure our communities are environmentally-friendly and sustainable. National Community Planning Month is a great opportunity for APA, its members, chapters, divisions, and professional institute to raise the visibility of the important role of planners and planning in communities across the United States.

APA national has compiled a vast set of resource materials to assist planners in celebrating, promoting or educating our communities on the benefits of being green, such as implementing alternative energy strategies or reducing automobile dependence, while also promoting the benefits of planning in our communities.

In addition to resource materials on being green, there is an exhaustive list of other activity ideas to assist planners in their celebrations and promotional efforts this October. The impressive list of resources contains activities varying in complexity and effort corresponding to the available resources of any particular individual or organization. A sample of resources from which to choose:

Community Activities

• Hold an open house
• Hold a public forum
• Tour planning successes
• Create an exhibit
• Show up in unexpected places
• Make a video

Tips for Planning Commissioners and Board Members

• Engaging in a public outreach campaign
• Suggesting a street or neighborhood for APA's Great Places in America program
• Organizing a photo competition
• Engaging elected officials

Engaging Elected Officials

• Engaging state legislators and members of Congress
• Arranging district meetings with representatives
• 10 tips for effective advocacy meetings
• Follow up / report form for local events or meetings

National Community Planning Month Media Kit

• Sample proclamations for local use
• Planning PowerPoint presentations
• Public service announcements
• Tips from APA's Communications Guide
• American Planning Association fact sheets

Allied Organizations

• Celebrate complete and healthy streets
• Create a green coalition
• Celebrate local food
• Recognize leadership in planning
• Celebrate diversity
• Contact a local museum

Reaching Out to Youth and Students

• Working with K-12 schools
• Outreach to youth groups.

If one of these topics catches your eye please check out the APA national site at www.planning.org/ncpm. Not only is there information on National Community Planning Month but there is tremendous treasure trove of resource materials that can be of valuable assistance on any planning-related issue. Visitors to the web site are encouraged to regularly check back in the coming weeks for more ideas on how to promote National Community Planning Month to your local community or organization.

Remember, as planners we have a key role in changing how our communities work, function, and impact the earth.

Inland Empire Section Reports

The Inland Empire Section (IES) Chapter is excited to get underway this year. Newly elected President of the Chapter, Gideon Schreiber, has been busy with his team over the summer planning for the fall conference and developing many new activities for 2009.

It is a time of change for the IES as there are many new faces and ideas are flowing. But all is not lost as outgoing members continue to volunteer in the development of IES events. This is a great transition, allowing established activities to be maintained while exploring new ideas. This year the board wants to focus more energy on brown bag lunches, a winter symposium, the spring conference, and continued collaboration with allied groups around the region.

The Audio Web training offered by APA was a new mid-day event IES initiated this last year. This allowed local planners to network and provided CM credits for AICP members. This series supplemented the brown bag scene which recently offered a wetland mitigation lunch by Spokane County. Fall promises to bring new training opportunities and a renewed brown bag series.

As local hosts for this year's WA-APA state conference, "Plan it for our Planet", the IES has also put much effort into welcoming participants to the region. IES members have been involved in developing mobile workshops, evening events, and programs. An important priority for the local group was to make sure the conference made it beyond the beautiful Davenport Hotel into the streets of Spokane.

In addition to preparing for the conference, members continue their ongoing support of local happenings related to planning in the region. This year Spokane was one of the first in the country to look at planning for climate change and peak oil together. There has also been a ground swell in local food and community garden development with many groups working on different aspects of the region's food system. The Inland Empire Section looks forward to sharing our community with those joining us in October. Here's to what will be a fabulous time in the city of lilacs.

Interesting Events

Eastern Washington University Urban and Regional Planning is planning to hold its 31st Annual Chili Cook-Off next month.

When: 6:00 pm - 10:00 pm, Friday, November 7, 2008

Where: Monroe Hall Lounge, EWU Cheney Campus

Bring an entry for the competition (judging begins promptly at 6:30 pm) or a potluck main dish, dessert or salad (enough to feed 8-10 people). Bring your family and children - there will be special activities for the kids.

RSVP Rose Morgan at (509) 358-2230 or rmorgan@ewu.edu

Awards Committee Prepares Recommendations

The newly formed APA/PAW Joint Awards Program committee met on August 7 at the Washington Chapter office in downtown Seattle to begin discussions on the Joint Awards Program and how it can be improved to better serve our collective memberships. Present at the meeting were: Andrew Estep, Scott Greenberg, Kristian Kofoed, Richard Hart, Hiller West, and Bob Sokol, who was connected by phone from Vancouver BC.

The Committee reviewed some of the issues that have affected the review submittal process in the past. These issues have included insufficient time to review the submittals, the need to dedicate a full day for that review, the unavailability of electronic copies of the submittals, and submittal requirements that are too broad. Although the committee has not yet formulated its recommendations, there was a consensus that narrowing and better defining the submittal requirements, including a requirement for an electronic copy, would enable the review committee to review submittals more easily. Submittals could be uploaded to the internet to enable review by the entire review committee and others.

The Committee held a follow-up phone conference on September 13 that included Lisa Parks, PAW President, to further discuss the timing of the review and awards process involving both organizations. Another meeting of the Committee is anticipated in September. The Committee’s recommendations will be presented at the Chapter board meeting in December.

Anyone with questions about the committee process is encouraged to contact Hiller West, Chapter Vice-President, at: hwest@ci.monroe.wa.us.

Planning Directors Hold Conference

Climate change was a key topic for city and county planning directors at their annual conference in Chelan September 9-12. Other topics included legislative issues, ethics, memory techniques, land use law cases, and staff recruiting.

Attendees enjoyed evening activities such as a winery tour, volleyball, and an awards dinner. At the dinner, seven directors were recognized for serving 30 years in the planning profession. Those directors were: Tom Dolan, Roger Gellenbeck, Ray Gilmore, Scott Greenberg, Paul Krauss, Eric Shields, and Tim Stewart. Also, two retiring directors, Mark Bordsen and Jerry Litt, were recognized for their contribution to the profession.

This was the first Washington planning directors’ conference at which AICP certification maintenance credits were offered for some of the sessions. CM credits were a hit with many attendees.

Local jurisdictions’ responses to climate change issues were featured through presentations by Eric Shields (Kirkland), Keith Stahley (Olympia), Diane Sugimura (Seattle), and Stephanie Warden (King County). State Senator Chris Marr from Spokane also spoke on the importance of planning in helping to address climate change.

The conference has been an annual event for more than 20 years and is sponsored by the Washington County and Regional Planning Directors Association (part of the Washington Association of Counties) and the Washington City Planning Directors Association (part of the Association of Washington Cities). About 85 directors or their designees registered for this year’s conference.

Next year’s planning director conference will be held September 22-25 in Chelan. More information can be obtained from association board members, including the cities’ president, Shane Hope, at shope@ci.mlt.wa.us, or the counties’ president, Clay White, at cwhite@co.stevens.wa.us.

Group Shot

Carol Barrett, FAICP, Everyday Ethics for Planners

Senator Chris Marr speaks about climate change

Alison Van Gorp speaks about the Cascade Land Conservancy

Retiring Whitman County Planning Director Mark Borsen presents a gift to the new Directors.

Washington City Planning Directors President Shane Hope honors retiring Lacey Planning Director Jerry Litt

Washington City Planning Directors President Shane Hope honors Bellingham Planning Director Tim Stewart

Crime Prevention Through Environmental Design (CPTED)

Crime Prevention Through Environmental Design (CPTED, pronounced sept-ted) is the design, or the re-design, of an environment to reduce crime through natural, mechanical and procedural means.

CPTED creates places that are both safe and comfortable for intended users while uncomfortable and risky for any unwanted person. It is based on the theory that the natural control and surveillance of natural accesses can lead to less crime. It fosters the territorial identification necessary to maintain a safe environment and reduce the fear of crime. These factors are important in creating a higher quality of life.
The Washington State Criminal Justice Training Center (WSCJTC), also known as the “Policy Academy”, offers training on CTPTED policies. Their training provides basic answers to frequently asked questions. It presents the key principles of CPTED and its “Three-D” approach to determining appropriate space, design and usage.

The instructor is Deputy Doug Reynolds, a 27 year veteran of the King County Sheriff’s Office. Deputy Reynolds is the Past President of the Washington State Crime Prevention Association. He holds Certified Protection Professional (CPP) designations from the American Society for Industrial Security (ASIS). Deputy Reynolds is recognized as an International Crime Prevention Specialist (ICPS) from the International Society of Crime Prevention Practitioners. He played a key role when the City of SeaTac adopted CPTED as a chapter in its municipal code. Deputy Reynolds routinely performs plan reviews and final inspections prior to the issuance of certificates of occupancy.

WSCJTC’s CTPED class is scheduled for October 29 to October 31 at their Burien campus. It is 30 hours in length and includes a night-time lighting survey on day two. The maximum class size is 25. The cost is $25 per person. Those interested in the course are encouraged to enroll early.

To get more information about the class, contact Deputy Reynolds at 206-973-4904 or email him at Doug.Reynolds@KingCounty.gov Registration forms are available at
www.cjtc.state.wa.us/classes/CPTED_Burien_102908.doc.

CPTED is smart planning. Validated over decades of study and application, it is an effective way to fight crime. Learn how by taking this course.

CTED, Ecology ask Supreme Court to reconsider its decision in the Futurewise v Anacortes case

Washington’s Supreme Court reinstated a decision made by the Western Washington Growth Management Hearings Board in 2005 regarding the Futurewise v. Anacortes case. The State of Washington is concerned the decision may create gaps in regulations protecting human health and safety, lower environmental protection of shoreline areas, and increase workload problems for local governments and state agencies. CTED and the Department of Ecology have asked the state Supreme Court to reconsider it.

CTED and Ecology filed a motion for reconsideration on August 20, 2008 requesting Supreme Court resolve significant uncertainties related to their July 31st decision. Futurewise filed a similar motion on the same day. The Court’s decision is not final until the two motions are resolved. If the Court grants either motion, a new or revised decision could be issued, which may take several months. If the Court denies both motions, this decision would become final within days of the denial.

The case arose in 2005 in a dispute between Futurewise and the City of Anacortes over a locally adopted critical areas ordinance. The underlying issue pertains to the interpretation of ESHB 1933, which the Legislature passed in 2003 to amend the Shoreline Management Act of 1971. ESHB 1933 clearly states that the critical areas within the jurisdiction of the Shoreline Management Act are governed by shoreline management programs whereas critical areas outside those jurisdictions are governed by the Growth Management Act.

ESHB 1933 laid out procedures to update shoreline management programs. It states a master program becomes effective when approved by the Department of Ecology. It laid out a schedule for counties and their cities to update their shoreline master programs. The updates began in 2005 for some counties and goes to 2014 or beyond for other counties. (see RCW 90.58.080 and RCW 90.38.090) The question is what do cities and counties do in the mean time.

The Western Washington Growth Management Hearings Board was presented with two arguments. The City of Anacortes contends that the transfer of critical areas protection in shorelines occurred “retroactively.” They claim their critical areas ordinance transfers authority over critical areas to the city’s existing shoreline master program, which was adopted five years earlier in the year 2000. Anacortes is located in Skagit County which is not scheduled, according to ESHB 1933, to update its shorelines master program until 2014.

Ecology and CTED (in guidance documents and an amicus brief to the Board) argued that the transfer takes place “prospectively.” They claim the transfer of authority over critical areas in areas within the jurisdiction of the Shoreline Management Act does not occur until the Department of Ecology approves a jurisdiction’s updated and/or amended shoreline master program.

The Western Washington Growth Management Hearings Board expressly rejected Anacortes’ retroactive interpretation. However, the Board also rejected the State’s assertion that the transfer could wait until the update deadlines set in the statute. The Board ruled that the transfer takes place prospectively, starting immediately with any new critical area regulations that affect shorelines. The Board ruled that to the extent critical area regulations apply to shoreline areas, they are de-facto shoreline management program amendments. Consequently, the critical area regulations must be submitted to Ecology for review and approval before they can take effect – at least in areas that are within the jurisdiction of the Shoreline Management Act.

When Futurewise appealed the Board's decision to superior court, CTED and Ecology intervened to provide argument on the state’s interpretation of ESHB 1933. The Superior Court accepted the state’s arguments and reversed the Board. The City of Anacortes, joined by the Washington Public Ports Association (WPPA), appealed the Superior Court decision to the State Supreme Court.

On July 31, 2008 the Supreme Court issued a decision in Futurewise v. Western Washington Growth Management Hearings Board. In their ruling, the Court reinstated the 2005 decision by the Hearings Board. A few days later, CTED and Ecology filed a motion for reconsideration. They are requesting that the Supreme Court resolve significant uncertainties related to their decision.

CTED and Ecology argue that the Board’s decision potentially creates significant procedural and workload problems for local governments and Ecology.

“The Court’s decision conflicts with the statute, puts Ecology into a role never envisioned by the Legislature and will result in delay, unpredictability and higher costs for project proponents and less environmental protection,” said Ecology Director Jay Manning. “I’m hopeful that the Court will take our motion seriously.”

Critical area ordinances satisfy Growth Management Act (GMA) requirements administered by local governments. The GMA specifies that they take effect when adopted. Under the Court’s decision, some of these ordinances don’t take effect until Ecology formally approves them. The local rules are designed to protect environmentally sensitive areas within their jurisdiction such as steep slopes, wetlands, critical fish and wildlife habitat, and frequently flooded areas.

“We talked to local government officials across Washington and found the decision has created a great deal of confusion about what rules apply on the shoreline,” said CTED Director Juli Wilkerson. “We are requesting that the Supreme Court reconsider its ruling because the hearings board and Court’s decision seem to be in conflict.”

Some groups have asserted the Futurewise v. Anacortes decision strips away modern environmental protections that local critical area rules provide within shoreline areas, leaving only regulations adopted as long ago as the 1970s and 1980s.

“If the decision is not modified by the Court or corrected through legislation,” Manning said. “Its lack of clarity and inconsistencies will likely reverberate for years. Without clearer direction, citizens and government agencies cannot be sure our shorelines will be adequately protected.”

For more information: www.ecy.wa.gov/programs/sea/sma/news/reconsider.html

Chapter Only Group Membership

The chapter-only group membership opportunity is available to planning commissions, city councils and commissions, tribal councils, and board members of non-profit organizations and other professional associations.

Up to 10 members may be included in a group membership. The group rate is $150 and is administered by the chapter office.

To obtain a group membership form or learn more about the benefits of this membership, contact Anna Nelson, AICP, Membership Committee chair, at (206) 382-9540 or anelson@GordonDerr.com.