Morning Crank: Potential for Conflicts

1. The Seattle Times ran a story this weekend about the Move Seattle Levy shortfall, including the latest on “recalibrated expectations” for what the $930 million, voter-approved plan will cover. (I broke the news about the Move Seattle Levy “reset” at the beginning of April.) The story, by David Gutman, includes the news that the firm Cocker Fennessy will be paid about $34,000 to do an assessment of SDOT, on top of about $30,000 to “coordinate the city’s next steps” on the streetcar project. Anne Fennessy, one of two partners in the firm, has known Durkan for decades.

There are a few details about Fennessy that Gutman didn’t mention. First: Fennessy is married to David Moseley, one of Durkan’s three deputy mayors . The contracts thus constitute a potential conflict of interest: Not only is Fennessy an old friend and colleague of Durkan’s, she is married to Durkan’s second-in-command. (Both Cocker Fennessy and Moseley maxed out to Durkan’s campaign last year, giving $500 each.)

There are ways to address this kind of potential conflict. Previously, when Moseley was director of Washington State Ferries, Cocker Fennessy simply agreed not to represent the ferry system. However, as deputy mayor, Moseley’s duties are broader than they were at WSF, making potential conflicts of interest harder to track. Moseley has taken the lead for the mayor’s office on a few specific issues—homelessness and issues related to utilities, such as the appointment of a new City Light director—but has met with city council members about other issues, including transportation. (And, of course, utilities make up a huge part of the streetcar construction project, which is already underway on First Avenue).

Stephanie Formas, Durkan’s spokeswoman, says Moseley “has not participated in any aspect of the streetcar review nor the broader review of SDOT. Deputy Mayor Moseley and Anne Fennessy have also previously consulted with the Seattle Ethics and Elections Commission.”

Second: Fennessy is a board member at the Transportation Choices Coalition, whose former director, Shefali Ranganathan, is another one of Durkan’s deputy mayors. Transportation for Washington, TCC’s political arm, maxed out to Durkan last year and endorsed her over her opponent Cary Moon. (TCC signed a letter supporting the streetcar earlier this year.) Ranganathan is the key point of contact for the streetcar project, according to Formas.

And third: Fennessy and Moseley live directly on the streetcar route, where the street has already been ripped up for construction.

None of these connections, on its own, necessarily constitutes an insurmountable ethical issue. But the fact that the mayor has given two high-profile contracts to an old friend and colleague who also has deep ties to two of her deputy mayors—an old friend who happens to live right next one of the projects she is being paid to help review, a project of which Durkan herself has been critical—certainly reads like a throwback to the cozy, insular governance of old Seattle. Tim Ceis, anyone?

2. The Ballard branch of the Seattle Public Library—which, as I reported last week, excludes a larger number of people for sleeping or lying down on library property than most other branches—has installed a series of bent metal pipes to deter people from sitting on flat surfaces outside the library. The pipes, according to library spokeswoman Andra Addison, cost about $10,000 for “fabrication and installation” and were installed after “patrons and neighbors …  expressed concern about security and hygiene issues, citing unattended items left overnight in those areas, smoking, food and beverage waste, feces, urine and discarded needles, which fall through the grates into the parking garage below.

“The purpose of the metal work is to limit access to those areas to ensure an outdoor environment that is safe, clean and welcoming to patrons and passersby,” Addison said.

Hostile architecture is a type of urban design in which public spaces are constructed or altered to make them uncomfortable or unpleasant places for people to sit, lie down, or linger. It includes things like armrests in the middle of benches, spikes on windowsills, bike racks where homeless people used to camp, and “metalwork” that prevents anyone, homeless and housed alike, from perching on flat surfaces outside public buildings.

3. The search to find a permanent replacement for former Seattle Department of Transportation director Scott Kubly, who resigned last December, continues to creak forward, with the appointment earlier this month of a panel of experts to help Mayor Jenny Durkan select a new SDOT leader. The committee reportedly includes: Former Washington State Department of Transportation director Paula Hammond, Transportation Choices Coalition policy director Hester Serebrin, Seattle Metro Chamber director Marilyn Strickland, King County Metro general manager Rob Gannon, and Port of Seattle regional transportation manager Geri Poor.

Durkan has not announced a new interim director to replace Sparrman, who will leave at the end of August to take a job at HNTB Corporation, a consulting firm that has a large engineering contract with Sound Transit as well as numerous open contracts with the city of Seattle. Meanwhile, Andrew Glass Hastings—who, as SDOT’s transit and mobility director, has been an advocate for multimodal transportation, including pedestrian and bike infrastructure as well as the controversial downtown streetcar—is out. His deputy, Christina Van Valkenburgh, will reportedly replace him.

 

Morning Crank: Another Interim Head for SDOT, More Streetcar Fallout, A Victory for Burke-Gilman Trail Advocates, and “Tolling to Make Congestion Worse.”

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1. The Seattle Department of Transportation (SDOT) has been headed up by an interim director, Goran Sparrman, for nearly seven months, since controversial director Scott Kubly left the position last December, a month after Jenny Durkan was sworn in as mayor. Durkan extended Sparrman’s tenure as interim SDOT chief by two months at the end of May, when the SDOT director publicly announced that he planned to leave at the end of August. At the time, Durkan’s office announced a national search to replace him, and put out a call for input from the public on what they would like to see in the next SDOT director.

Sparrman will reportedly be taking a job with the HNTB Corporation, a consulting firm that has a large contract to do the engineering work on Sound Transit’s Ballard to West Seattle light rail line and also has numerous open contracts with the city of Seattle.

Sparrman’s departure date is rapidly approaching, and Durkan has not announced his replacement, nor, apparently, does she plan to any time soon. Instead, The C Is for Crank has learned, will announce yet another interim director—reportedly Genessee Adkins, SDOT’s current chief of staff—and put off hiring a permanent director until this winter, possibly as late as January, according to sources close to the department. The ongoing lack of permanent leadership at the embattled agency, which is dealing with fallout from cost overruns on the delayed downtown streetcar as well as a vocal backlash from bike and pedestrian advocates over Durkan and Sparrman’s decision to delay implementation of the long-planned Fourth Avenue protected bike lane until 2021, has reportedly damaged morale at the agency and contributed to a sense of an agency in turmoil. Compounding the lack of leadership at the top is the fact that all four of SDOT’s deputy directors are also serving on an interim basis, as is the current chief of staff (Adkins is currently on leave), creating an org chart headed up almost entirely by people serving on an impermanent or contingent basis. (The org chart itself, unusually for a Seattle city agency, only includes the names of the seven people at the very top, followed by the general functions each of those people oversee.)

Sparrman will reportedly be taking a job with the HNTB Corporation, a consulting firm that has a large contract to do the engineering work on Sound Transit’s Ballard to West Seattle light rail line and also has numerous open contracts with the city of Seattle. Sparrman reportedly accepted his new private-sector position several months ago. I asked Durkan’s office whether it was a conflict of interest for Sparrman to be negotiating on behalf of SDOT with agencies that could soon be his clients. Her spokeswoman, Stephanie Formas, responded by referring me to the city’s ethics rules regarding former employees, which restrict current employees’ ability to be involved in their future employers’ “dealings with the city,” and restrict former employees’ ability to participate in certain activities, like bidding for contracts, for the first year or two after they leave the city, depending on the activity.

 

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2. Mayor Durkan issued an “update on the Center City Connector” yesterday that confirmed some of what city council member Lisa Herbold was talking about a full five days ago (when I was on vacation; sorry!): The vehicles the city ordered for the indefinitely postponed First Avenue Streetcar are wider and longer than the existing South Lake Union and First Avenue streetcars, suggesting that they may not be compatible with the existing systems the Center City Connector is supposed to connect.

Durkan, to the consternation of some transit advocates, has been lukewarm on the proposed downtown streetcar ever since initial operations cost estimates turned out to be off by as much as 50 percent and the cost to build the system ballooned by tens of millions. A long-awaited independent financial analysis of the project has been delayed because, according to today’s statement from the mayor’s office, the review “was much more complex than initially expected.” One question that could be deal-breaking is whether the new, larger vehicles are even compatible with the gauge of the existing streetcar lines, which run from Pioneer Square to First Hill and from Westlake to South Lake Union.

Formas, the mayor’s spokeswoman, says that it’s possible the lines will still be able to connect—the existing streetcars, for example, are built to slightly different specifications but can still run on each others’ tracks—but the episode brings to mind what happened with the downtown transit tunnel, whose original train tracks, installed almost as an afterthought in 1993, had to be torn out and replaced in the mid-2000s, resulting in additional costs of more than $45 million.

“We shouldn’t be tolling that and making our city streets free. We should be doing it the other way around. We should say, ‘Look if you want to drive [past downtown], take the tunnel, but if you come downtown, we’re going to charge you.”

3. Advocates for completing the long-delayed “missing link” of the Burke-Gilman multi-use trail in Ballard won a small victory last week, when a King County Superior Court judge dismissed a complaint by the Ballard Coalition, a group of businesses that opposes the completion of the trail as proposed by “missing link” advocates, charging that the city hearing examiner who approved the final environmental statement for the project had a conflict of interest. The Coalition argued, essentially, that because then-deputy commissioner Ryan Vancil was up for a promotion when he determined in January that the city’s environmental analysis of the project, which took five years and cost $2.5 million to complete, was adequate. The decision was a significant victory for trail advocates.

In its complaint, the business coalition argued that Vancil violated the appearance of fairness doctrine, which requires public officials to conduct business in a way that appears fair, by applying for and obtaining a promotion from deputy hearing examiner to chief hearing examiner while the city of Seattle had a case in front of him—specifically, the “long-running [Burke-Gilman] dispute.” In his ruling rejecting that argument, Judge Samuel Chung noted that if he were to assume that anyone who applied for a promotion within the hearing examiner’s office was biased in favor of the city, it “would impose a presumption that would taint all virtually all decision making by that body. Every hearing examiner is presumed to be fair and impartial, and an advancement within that office under these facts do not form a basis for an appearance of fairness violation.”

4. Deadlines prevented me from giving my full attention to a resolution the city council passed last week vowing to build out as much of the planned downtown bike network as possible while the Fourth Avenue protected bike lane remains in limbo, but I didn’t want to let one comment from council member Mike O’Brien, who sponsored the resolution, slip by. O’Brien made the remark while we were discussing the “period of maximum constraint” between now and roughly 2021, when construction projects and the closure of the downtown bus tunnel and the demolition of the Alaskan Way Viaduct are expected to jam traffic downtown.

O’Brien, who opposed the Alaskan Way tunnel project, pointed out that everyone who now uses the viaduct to get to points downtown will drive instead on surface streets, and even people going through downtown will use surface streets to avoid the tunnel, contributing to traffic jams during the “period of maximum constraint” from roughly now until 2021, when construction and demolition projects are expected to make downtown traffic worse than at any time in recent history. The day before we talked, O’Brien said, the Washington State Transportation Commission had approved tunnel tolls ranging from $1 to $2.25. “We shouldn’t be tolling that and making our city streets free,” O’Brien told me. “We should be doing it the other way around. We should say, ‘Look if you want to drive [past downtown], take the tunnel, but if you come downtown, we’re going to charge you.” Instead, O’Brien said, Seattle is going to have “anti-congestion pricing—pricing to make congestion worse.”

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