Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on May 9, 2005 11:32 AM. The previous post in this blog was New toy. The next post in this blog is Ground Zero, version 2.0. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Monday, May 9, 2005

How unappealing

There have been some new twists in the Rope-a-Dope-Opus Caper, formally known as the Burnside Bridgehead project. When we last left this saga, Beam Development, the Portland-owned concern who got totally snookered by the Portland Development Commission, had filed an appeal of the highly dubious decision by the PDC commissioners to give the right to build the condo palace to Beam's competitor, Opus Northwest. Since then, as b!X has capably reported, the PDC's head honcho, Don "the Don" Mazziotti, has decreed (or announced that the PDC's acting chief lawyer has decreed -- hard to tell) that the appeal process for the project is going to be changed.

A review of Mazziotti's memo (pdf) reveals a number of curiosities. Most significantly, it announces to the commissioners that the appeal will be decided, not by the PDC chief executive, as stated in the request for proposals, but rather by the PDC commissioners acting as a group. According to the memo, the decision was made by the PDC's unnamed "interim general counsel":

The Interim General Counsel has concluded that because the decision-maker was changed from the Executive Director to the Commission, the party/entity reviewing the protest should be changed from the Executive Director to the Commission. Therefore, the appeal should go directly to the Commission.

It made sense for the Executive Director to be the final decision-maker on a protest when the Executive Director was also the final decision-maker on the selection of a developer for the project. But it does not make sense for the Executive Director to be the final decision-maker on a protest where the Commission selects the developer. If this were done, the illogical result would be to have the Executive Director reviewing a decision of the Commission.

The deviation from the original request for developer proposals was justified this way:

In December, 2004 the selection process was modified to both change the decision-maker from the Executive Director to the Commission and extend the timeline for a decision. On December 10, 2004 an email was sent to the Commission describing the change in the process to make the Commission the decision-maker. Attached to that email was a project update that was being distributed to the public. This project update also showed the change in the process to make the Commission the decision-maker.

On January 4, 2005 the Executive Director sent a memo to the City Councilors which described the revised schedule for public input. This memo identified the revised process including the identification of the Commission as the decision-maker.

On January 19, 2005 an email was sent to representatives of each of the three proposers which detailed the remaining process, which indicated that the final decision would be made by the Commission.

It is clear that all affected and interested people were informed that the selection process and time line had changed. The selection process continued until the Commission made its final decision on April 27, 2005.

Although this change in the process to make the Commission the final decisionmaker was distributed widely, there was no formal addendum to the RFP changing the decision-making process. Consequently, the protest process language was not changed to reflect that the Commission was now the decision-maker.

The memo also notes that the original request for proposals reserved the right to "[r]evise the solicitation, evaluation or selection process including extending the deadline or canceling without selecting a developer."

All true, but none of it alters the fact that the change in the process was announced the day after Beam filed its "protest." I'm no expert on Oregon administrative law, but for an agency to announce a change to an appeal process after the appeal has been filed seems highly unusual, even if there is some reasonable justification for it.

Even more curious to me is the idea that a "protest" would be decided by the same party that issued the original decision, which was the case even under the original bid request. That really offers the frustrated member of the public little comfort. Typically, a "protest" or "appeal" is made to a higher authority, rather than to the original decision maker. Not at the PDC, I guess.

No matter how the appeal comes out, it sure smells like a lawsuit in the making.

As is my custom, I'm looking for the ulterior motive behind the Mazziotti memo. Why would he want to have the commissioners handle the protest, rather than do it himself? Well, for one thing, he's a lamer duck than they are. His resignation is reportedly effective June 1, and there's a holiday weekend right at the end of his term. Whereas PDC chair Hennessee and PDC commissioner Janice Wilson, two strong Mazziotti allies on the board (and part of what used to be Team Goldschmidt), will be hanging around for another month after that. By switching the appeal over to the board, the influence of the currently entrenched group is extended by 30 days.

Then again, all this may be a tempest in a teapot. All the commission has decided to do so far is grant most-favored-nation status to Opus. There are a thousand things that could go wrong between that action and the actual breaking of ground on the project, and by that time Mayor Tom Potter's new appointees to the PDC board, and presumably their executive appointees, will be in place. If the Potter camp really thinks something was wrong with the Opus deal, I'm sure they could kill it.

Meanwhile, a couple of other PDC stories have broken. Commissioner "Fireman Randy" Leonard has done just what mayoral candidate James Posey did during last year's primary -- advocate the abolition of the PDC. Already PDC apologists are rising up to protest the idea, which is all the greater indication of its underlying merit. (Some folks out there think that if Randy wants it, it must be wrong. Quite the contrary, particularly in this case.)

And an alert reader has suggested that someone dig deeper into the dealings between the PDC and p.r. consultant "Than" Clevenger, who is a friend and sometimes-unpaid-personal-political-advisor to Hennessee. According to press reports last week, Clevenger's firm was paid $40,000 to prepare PDC luminaries for a meeting with Potter. The reports also quote a billing rate for Clevenger of $175 an hour. That would work out to around 229 hours on that contract -- nearly six weeks of full-time work. Interesting.

Comments (6)

I'm not all that familiar with the PDC's structure, but presumably the executive director works for the board, and the board is the highest-level decision-maker within the PDC. So I can see how, once they bumped the decision itself up to the board, it'd make sense not to have the ED review it.

On the other hand, I also gather that the PDC works for the Mayor and/or the City Council. If so, then bumping the review up to the next authority above the PDC board means sending it there. Wouldn't that be interesting?

I also agree that the change comes rather late in the game. It seems like the PDC is going out of its way to make the process look rigged. Bonkers.

On the other hand, I also gather that the PDC works for the Mayor and/or the City Council. If so, then bumping the review up to the next authority above the PDC board means sending it there. Wouldn't that be interesting?

I'm going to have more on that shortly, from a couple of different sources. Look for it in the piece I'm currently working on, based on Hennessee's surprise appearance at today's meeting of the Central Eastside Urban Renewal Advisory Committee.

What is this, "film at 11"? I may have to start charging for the ad space.


What I loved about that memo (other than the appeal process chain, which I'd noted as well) is that no one has to state any reasons for denying an appeal, no matter who it goes to - other than 'because I said so', I guess...

Jack said,
"Even more curious to me is the idea that a "protest" would be decided by the same party that issued the original decision"

That's like asking Vera Katz to decide an appeal challenging the Tram. Hmm. I think that actually happened.

I've got a novel idea. Have the PDC Commission be the final decision maker on whether or not the PDC should be folded up.
They could lead a public discussion.

Perhaps we could get one more memo on this idea from the Don.

Apparently Commissioner Sten wants the City Council to hear Beam's appeal. B!X has that aspect of the story (albeit buried at the bottom) here.

He leads with his detailed account of Hennessee's appearance at a Central Eastside Urban Renewal Advisory Committee meeting today. Get out your lie detector, and happy reading.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Lange, Pinot Gris 2015
Kiona, Lemberger 2014
Willamette Valley, Pinot Gris 2015
Aix, Rosé de Provence 2016
Marchigüe, Cabernet 2013
Inazío Irruzola, Getariako Txakolina Rosé 2015
Maso Canali, Pinot Grigio 2015
Campo Viejo, Rioja Reserva 2011
Kirkland, Côtes de Provence Rosé 2016
Cantele, Salice Salentino Reserva 2013
Whispering Angel, Côtes de Provence Rosé 2013
Avissi, Prosecco
Cleto Charli, Lambrusco di Sorbara Secco, Vecchia Modena
Pique Poul, Rosé 2016
Edmunds St. John, Bone-Jolly Rosé 2016
Stoller, Pinot Noir Rosé 2016
Chehalem, Inox Chardonnay 2015
The Four Graces, Pinot Gris 2015
Gascón, Colosal Red 2013
Cardwell Hill, Pinot Gris 2015
L'Ecole No. 41, Merlot 2013
Della Terra, Anonymus
Willamette Valley, Dijon Clone Chardonnay 2013
Wraith, Cabernet, Eidolon Estate 2012
Januik, Red 2015
Tomassi, Valpolicella, Rafaél, 2014
Sharecropper's Pinot Noir 2013
Helix, Pomatia Red Blend 2013
La Espera, Cabernet 2011
Campo Viejo, Rioja Reserva 2011
Villa Antinori, Toscana 2013
Locations, Spanish Red Wine
Locations, Argentinian Red Wine
La Antigua Clásico, Rioja 2011
Shatter, Grenache, Maury 2012
Argyle, Vintage Brut 2011
Abacela, Vintner's Blend #16 Abacela, Fiesta Tempranillo 2014
Benton Hill, Pinot Gris 2015
Primarius, Pinot Gris 2015
Januik, Merlot 2013
Napa Cellars, Cabernet 2013
J. Bookwalter, Protagonist 2012
LAN, Rioja Edicion Limitada 2011
Beaulieu, Cabernet, Rutherford 2009
Denada Cellars, Cabernet, Maipo Valley 2014
Marchigüe, Cabernet, Colchagua Valley 2013
Oberon, Cabernet 2014
Hedges, Red Mountain 2012
Balboa, Rose of Grenache 2015
Ontañón, Rioja Reserva 2015
Three Horse Ranch, Pinot Gris 2014
Archery Summit, Vireton Pinot Gris 2014
Nelms Road, Merlot 2013
Chateau Ste. Michelle, Pinot Gris 2014
Conn Creek, Cabernet, Napa 2012
Conn Creek, Cabernet, Napa 2013
Villa Maria, Sauvignon Blanc 2015
G3, Cabernet 2013
Chateau Smith, Cabernet, Washington State 2014
Abacela, Vintner's Blend #16
Willamette Valley, Rose of Pinot Noir, Whole Clusters 2015
Albero, Bobal Rose 2015
Ca' del Baio Barbaresco Valgrande 2012
Goodfellow, Reserve Pinot Gris, Clover 2014
Lugana, San Benedetto 2014
Wente, Cabernet, Charles Wetmore 2011
La Espera, Cabernet 2011
King Estate, Pinot Gris 2015
Adelsheim, Pinot Gris 2015
Trader Joe's, Pinot Gris, Willamette Valley 2015
La Vite Lucente, Toscana Red 2013
St. Francis, Cabernet, Sonoma 2013
Kendall-Jackson, Pinot Noir, California 2013
Beaulieu, Cabernet, Napa Valley 2013
Erath, Pinot Noir, Estate Selection 2012
Abbot's Table, Columbia Valley 2014
Intrinsic, Cabernet 2014
Oyster Bay, Pinot Noir 2010
Occhipinti, SP68 Bianco 2014
Layer Cake, Shiraz 2013
Desert Wind, Ruah 2011
WillaKenzie, Pinot Gris 2014
Abacela, Fiesta Tempranillo 2013
Des Amis, Rose 2014
Dunham, Trautina 2012
RoxyAnn, Claret 2012
Del Ri, Claret 2012
Stoppa, Emilia, Red 2004
Primarius, Pinot Noir 2013
Domaines Bunan, Bandol Rose 2015
Albero, Bobal Rose 2015
Deer Creek, Pinot Gris 2015
Beaulieu, Rutherford Cabernet 2013
Archery Summit, Vireton Pinot Gris 2014
King Estate, Pinot Gris, Backbone 2014
Oberon, Napa Cabernet 2013
Apaltagua, Envero Carmenere Gran Reserva 2013
Chateau des Arnauds, Cuvee des Capucins 2012
Nine Hats, Red 2013
Benziger, Cabernet, Sonoma 2012
Roxy Ann, Claret 2012
Januik, Merlot 2012
Conundrum, White 2013
St. Francis, Sonoma Cabernet 2012

The Occasional Book

Phil Stanford - Rose City Vice
Kenneth R. Feinberg - What is Life Worth?
Kent Haruf - Our Souls at Night
Peter Carey - True History of the Kelly Gang
Suzanne Collins - The Hunger Games
Amy Stewart - Girl Waits With Gun
Philip Roth - The Plot Against America
Norm Macdonald - Based on a True Story
Christopher Buckley - Boomsday
Ryan Holiday - The Obstacle is the Way
Ruth Sepetys - Between Shades of Gray
Richard Adams - Watership Down
Claire Vaye Watkins - Gold Fame Citrus
Markus Zusak - I am the Messenger
Anthony Doerr - All the Light We Cannot See
James Joyce - Dubliners
Cheryl Strayed - Torch
William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 113
At this date last year: 155
Total run in 2016: 155
In 2015: 271
In 2014: 401
In 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics