Tag: Sound Transit

A Plan for Sound Transit’s Orphan Properties and a Clash Over Funding Sidewalks in Seattle

Sound Transit, the regional light rail agency, is working with the city’s Office of Housing on a plan to finally use a dozen slivers of unused, surplus land along the current light-rail line for transit-oriented development—specifically, homeownership opportunities on 12 pieces of property that have laid fallow for years. Sound Transit, with federal approval, would transfer the properties to the Office of Housing, which would then put the word out to developers who work in low-income homeownership (such as Homesight) and issue contracts for several properties at a time. At last week’s Sound Transit board meeting, Seattle Mayor Jenny Durkan praised agency staff for working on  “low-income housing opportunities” that will “allow people to actually continue to stay in Seattle.”

“We’ve got these orphan parcels, as we might call them, from previous iterations of Sound Transit, and being able to put them to work for low-income housing, in particular ownership opportunities, at this time in Seattle will make a phenomenal difference,” Durkan said.

There’s still a long way to go—Sound Transit staffers say they hope to have a proposal by the end of this year, but that it could be a decade or more before all the parcels are developed. Outstanding issues—which Sound Transit and the city will hammer out in collaboration with Puget Sound Sage include what “affordable homeownership” means and what size units the program will incentivize. Seattle currently provides tax breaks “affordable homebuyer programs” for people making up to 120 percent of median income, and directly funds homebuyer programs for people making up to 80 percent of median. Currently, most of the units that get built in Seattle are studios and one-bedrooms, not family-sized units—the two-, three-, and four-bedroom townhouses and condos that might make it possible for people with kids to afford to stay here.

I have a call out to the Office of Housing and will update this post with any new information.

Durkan was less complimentary when the discussion turned to a station access fund for projects that will help pedestrians, cyclists, and transit riders get to existing and future light rail stations. Two of the city’s top-priority proposals—sidewalk, lighting  and crossing improvements near the future Judkins Park light rail station and upgrades to sidewalks on Beacon Hill—received a middling rank of “recommended,” getting mediocre ratings on several of the five criteria Sound Transit staff used to rank 55 projects around the region. Each of Sound Transit’s five subareas is eligible for up to $10 million from the $50 million fund; Seattle’s requests totaled more than $12.7 million.

Shouldn’t Sound Transit have taken into account, for example, the fact that at-grade light rail in the Rainier Valley has created more “safety concerns” than in other areas where rail is elevated or underground? Durkan asked rhetorically.

“It seems to me that a …. factor that would be appropriate for staff to look at and for us to look at is what is the overall safety mitigation needed in a community because of choices Sound Transit made,” Durkan said. “So for example, on the south end, we decided to have our rail at grade, and that has created more impacts. … How do we mitigate against those and score differently than an area that also doesn’t have sidewalks but doesn’t have that same issue?”

Everett city council member Paul Roberts, whose city received a “highly recommended” ranking for a $1.9 million sidewalk and lighting project at the Everett Station, responded pointedly that staff had prioritized projects in cities, like Everett, that have been proactive about preparing for transit-oriented development by significantly upzoning the areas around stations, as Everett did and Seattle has not. The city of Everett, Sound Transit noted in its recommendation, “recently changed zoning in the neighborhood to allow for 11- to 25-story buildings to support residential, retail, and office uses.” In contrast, under the new Mandatory Housing Affordability plan, the area around the Judkins Park station will be designated Low-Rise 1, the least dense multifamily zoning designation.

In other words: Cities that have made an effort to improve safety, access, and housing opportunities around light rail stations in advance should get priority for their projects.

“In areas, station areas in particular, where there are adopted land use plans that recognize [the value of] transit-oriented development… It seems to me that ought to weigh in and be elevated in the funding” decision, Roberts said. “That means the jurisdiction, whatever it is, wherever it is, has already taken the task of adopting station area plans, the land use and planning and transportation links are in place, and this now becomes a value-added piece, as opposed to this sort of being in isolation.”

Seattle’s applications for the Judkins Park and South Seattle projects describe a number of longstanding issues that the city has failed to address for many years, including the lack of safe crosswalks on Rainier Ave. S., gaps in the sidewalk and greenway networks in Judkins Park, missing curb ramps, lack of lighting and safety improvements on the existing Mountains-to-Sound Greenway (which the city’s application describes as “an uninviting environment for people concerned with personal safety”), and “critical gaps in the sidewalk network along key streets” serving four existing Southeast Seattle light rail stations.”

Rainier Ave. S., in particular, has long been acknowledged as Seattle’s most dangerous street, yet the city has been slow to make improvements that would save lives, particularly north of Columbia City, where crosswalks are rare and people often jaywalk instead of walking half a mile or more out of their way.  “Frustration with long detours leads many people on foot to take risks that they normally wouldn’t,” the application says. “The resulting crashes, between an unprotected person and a high-speed vehicle, often have disastrous results.”

This is all true. But in ranking Seattle’s Southeast Seattle projects below Everett’s, Sound Transit staff appear to be affirming that station accessibility dollars are meant to reward cities that are already working to make transit accessible, not serve as a replacement for projects cities should be funding in the first place.

Sound Transit staff will recommend a list of projects for all five subareas on September 5, and the board will vote on which ones to fund on September 26.

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Afternoon Crank: Eviction Law More Sweeping Than Previously Reported; Sound Transit Says No Signature Gathering in Federal Way

1. The new state law that creates new protections for tenants at risk of losing their homes to eviction, sponsored by Seattle Rep. Nicole Macri (D-43), goes even further than has been previously reported, including by me. That’s thanks to a little-noticed provision that expands a tenant’s ability to stop an eviction proceeding against her at any point up until five days after a court has issued a judgment in a landlord’s favor—a point that far fewer tenants should ever have to reach, thanks to provisions that give tenants ample opportunities to pay their back rent before a landlord takes an eviction case to court, before the case goes to trial, and even after a judge rules against the tenant.

Here’s what makes the legislation so sweeping. As I reported earlier this week, it extends the period in which tenants can pay overdue rent without facing eviction—and without having to pay any late fees, notice fees, or other one-time charges— from three days to 14. It also extends a tenant’s right to pay their rent along a fee of up to $75 until any point after that 14-day period, up to the point when their landlord files a case against them in King County Superior Court. After a landlord files a case, the tenant still has the opportunity to avoid eviction by paying the landlord back rent, the $75 fee, and any court costs incurred up until that point (which are often elevated by lawyers’ fees for preparing files, showing up in court, and other services that can be avoided if a landlord and tenant reach a settlement). Finally, if the landlord wins the case, the tenant still has up to five days to pay them back, including court costs, before being evicted.

It’s hard to overstate how dramatic the impact of this change could be. Under the current system, none of that happens. Instead, tenants can be kicked out of their homes for failing to pay rent on the fourth day it is late, and there is usually no recourse for a tenant once their landlord has filed an eviction case against them. In fact, as I’ve reported, the judges who hear eviction cases currently have virtually no discretion to set up payment plans or consider mitigating circumstances, such as a tenant who was in the hospital and unable to pay, or who suffered a one-time financial setback but has the money in hand. The new law gives judges more discretion. It also ensures that tenants who need more time to scrape their rent together—by, for example, accessing funds provided through programs like Solid Ground rental assistance program or Home Base, which provides flexible funds for people who need help with back rent—have ample opportunities to do so. For the first time in many years, the scales have tipped back—dramatically—in favor of tenants.

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2. Washington Community Action Network—one of the organizations behind a Seattle Women’s Commission report on evictions in King County, “Losing Home,” that helped lead to the statewide reforms—is trying to gather 10,000 signatures to get an initiative that would provide new protections for tenants on the ballot in Federal Way. If Sound Transit has its way, none of those signatures will be collected at the Federal Way Transit Center, where security guards have told volunteers with the group that they can’t petition near station platforms—that is, in the area where people congregate as they get on and off the bus.

“Obviously, one of the best places to [gather signatures] is going to be the Federal Way Transit Center,” says Xochitl Maykovich, Washington CAN’s political director. “I get that they have concerns around safety and not harassing people, but, I’m sorry, two organizers asking, ‘Hey, do you want to help keep people housed?’—how is that preventing people from getting on the bus?”

On May1, Washington CAN wrote a letter to Sound Transit director Peter Rogoff objecting to the policy, and noting that the “free speech areas” to which their organizers were directed are far away from pedestrian traffic. “The security officer continued to vigilantly watch the two women as if though their presence engaging transit riders with a smile was a potential threat to the station.,” the letter says. “The women found his behavior unnecessarily intimidating and decided it was best to leave the station.”

Sound Transit’s security director, Ken Cummins, responded by sending Maykovich a copy of Sound Transit’s free-speech policy, which says that the agency “may designate appropriate areas at each facility for public communication activities” and can limit the number of people it allows to engage in such activities. “Signature gathering is not authorized on bus or train platforms or within 15 feet of entrances, stairwells, elevators, escalators, ticket vending machines or within 15 feet of the trackway,” Cummins wrote. “Signature gathers may not use any tables or chairs in their activity and signature gathers may not block a person’s access to transit in any manner.” (Washington CAN’s two signature gatherers did not have tables or chairs).

After several followup letters to Sound Transit received no response, Maykovich wrote, “I take the lack of any response as meaning that I need to involve our attorney,” Maykovich wrote. “I will also note that I am incredibly disappointed in the lack of dialogue on this issue, especially given that this is a publicly run institution that is definitely getting a good chunk of my tax dollars.”

Sound Transit spokeswoman Rachelle Cunningham confirmed that the agency “did receive the letter from Washington Community Action Network, and our legal counsel is currently reviewing it, as well as the policy.”
Maykovich says her organization has not faced similar pushback when collecting signatures at RapidRide bus station platforms in the past, despite Metro’s similar free-speech policy.
The Federal Way initiative would institute a Good Cause Eviction Ordinance, similar to Seattle’s Just Cause Eviction law, in the city, prohibiting arbitrary evictions and limiting the reasons for which a landlord can terminate a tenant’s lease. In Federal Way, about 29 percent of the households that sought eviction prevention assistance from the Housing Justice Project were single women with children, compared to just 10 percent in Seattle.

Afternoon Crank: More Precise Homelessness Exit Numbers, More Library Levy Asks

1. After initially saying it would require a “700-page PowerPoint” to explain how many actual people moved from homelessness into housing last year, the city’s Human Services Department has done just that, producing numbers from 2017 and 2018 that show precisely how many households and how many individual human beings have exited from city-funded homelessness programs.

In her State of the City speech, Mayor Jenny Durkan claimed the city had “helped more than 7,400 households move out of homelessness and into permanent housing”; after I reported that this number actually accounted for exits from programs rather than “households,” resulting in duplication,  HSD’s deputy director suggested that the actual number mattered less than the trajectory; “no matter how you look at it, it’s getting better,” she said. On Tuesday, at a meeting of the council’s human services committee, interim HSD director Jason Johnson confirmed another way households could be duplicated—if someone exits from a shelter with a rapid rehousing voucher, then uses the voucher until it runs out, that person counts as two “exits.”

This number is a far more precise (though still imperfect) way of looking at exits from homelessness. And it actually confirms HSD’s contention that the city’s focus on new strategies such as enhanced shelter, with case management and services, is paying off. In 2018, HSD-funded programs helped move 3,559 households, representing 5,792 individual people, into housing from homelessness. That’s an increase from 2017, when HSD-funded programs moved 3,374 households, representing 4,447 people, into housing. (The numbers in the chart HSD provided when I requested year-over-year data, below, don’t quite add up because 36 households used homeless prevention programs and, at another point in the year, were homeless and then exited from homelessness. And, as Kshama Sawant’s aide Ted Virdone confirmed ) City-funded homeless prevention programs served 71 fewer people last year than in 2017, which HSD spokeswoman Lily Rehrman attributes to the fact that six prevention programs—Chief Seattle Club Prevention, Mother Nation Prevention, Seattle Indian Health Board Prevention, St. Vincent de Paul Prevention, United Indians Prevention, and Somali Youth and Family Club (SYFC) Prevention—were new last year.

HSD’s presentation to the council committee earlier this week also showed that the while the total number of basic shelter beds declined by 296, the total number of shelter beds overall went up by 366, thanks to 662 new enhanced shelter beds—a term that, according to the city, refers to shelters with “extended or 24/7 service” that offer “many services” such as meals, storage, and case management.

2. The city council’s special library levy committee had its first evening hearing on the details of Mayor Jenny Durkan’s proposed $213 million levy renewal Thursday night, and the conversation was almost entirely free from the topic that dominated the committee’s discussion on Monday: Whether the library should do away with fines for late returns, which disproportionately impact people in the city’s most diverse and least wealthy areas.

Despite what certain radio talk-show hosts and the Seattle Times editorial board might have you believe, there was no evidence of public outrage at the idea that kids might no longer punished for failing to return their books on time. Instead, most public commenters spoke about about the importance of the library in general (one speaker, historian Paula Becker, described how important the library was as a refuge for her late son, Hunter, during his active heroin addiction) or in favor of specific programs they used, like a book club for people with sight impairment. (Council president Bruce Harrell, who suggested earlier this week that fines send an important message about civic responsibility, did get in one plug for fines as a way to pay for some of the items his colleagues have suggested adding to the proposal). The bulk of the meeting was about five proposed amendments that would increase the cost of the proposal, and other ideas that aren’t formal amendments but could add millions more to the plan.

Those amendments include:

• A proposal by council member Lorena Gonzalez to fund existing programs for kids under 4  and youth through high school with levy funds, rather than through the Seattle Library Foundation, at a cost of $4.2 million over seven years;

• An amendment by council member Mike O’Brien to keep libraries open one hour later on weeknights throughout the system (on top of the additional hours in Durkan’s proposal, which would add morning and evening hours to three branches and open four libraries on Fridays), at a cost of $6.2 million over seven years;

• An proposal by council member Teresa Mosqueda to study the feasibility of co-locating child care services at library branches, at an unknown cost;

• Another proposal by Mosqueda that would add two more security officers to the library system, bringing the total from 19 to 21, at a cost of $1.3 million over seven years; and

• A final proposal by Mosqueda to fund three more case managers and a youth services support worker from the Downtown Emergency Service Center to connect patrons experiencing homelessness to housing and services, at a cost of $2.1 million over seven years.

In addition, the council will consider adding more funding for digital materials like e-books to reflect their rising cost; adding air conditioning and/or elevators at the Columbia City, Green Lake, and University branches; funding a small new South Lake Union library branch in the new Denny Substation.

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City council member Debora Juarez, who chairs the library committee, said the amendments “all make sense and are great, but that “we still have to be mindful that we are in levy mode; we are not in general budget mode. … We don’t want to put a poison pill where [the levy] goes down because taxpayers are not going to be comfortable” with the amount. “We’re not voting on a child care levy. We’re not voting on a public safety levy. We are voting on a library levy. So we have to keep that in mind.”

3. Learn to trust the Crank: As I first reported on Twitter yesterday, council member Juarez is King County Executive Dow Constantine’s pick to replace former council member Rob Johnson (who left the council before the end of his term for a job as the transportation planner for NHL Seattle). The King County Council will have to approve Juarez’s appointment (technically, she will represent North King County on the regional board). One question that will likely come up is whether Juarez, who fought tooth and nail for the N. 130th St. light rail station in her council district, will be able to broaden her horizons as a member of the regional Sound Transit board. Perhaps anticipating such questions, Juarez said in her announcement, “I plan on working as hard for the people of the tri-county Sound Transit service area as I do for my North Seattle district.”

Sound Transit Board Members Raise Concerns About Punitive Fare Enforcement Policy

Sound Transit board members, including King County Council members Joe McDermott and Claudia Balducci, are raising questions about the agency’s fare enforcement policy, which—unlike King County Metro’s revised fare enforcement rules—can still result in a criminal record and potentially jail time for people who are unable to pay their fares.

During last week’s Sound Transit board meeting, both McDermott and Balducci pointed to Metro’s recent overhaul of its fare enforcement policy, which reduced fines for fare evasion, eliminated the possibility of criminal charges for nonpayment, and created multiple new avenues for addressing fare evasion tickets, including enrollment in the ORCA Lift low-income fare program. The last item is important because an audit of Metro fare enforcement last year concluded that the overwhelming majority of “fare evaders” on RapidRide were homeless or low-income; poverty, not disregard for the law, was causing people to attempt to ride for free.

“Sound Transit has one of the transit industry’s lowest (if not the lowest) fare evasion rate and has since the inception of the fare enforcement program. Also, more than 93% of our riders surveyed feel safe while on our rail services. Both of these are directly attributed to our fare enforcement program.” – Talking points developed by Sound Transit’s public safety director

The audit, released last April, found that the most common reason for fare evasion was lack of money to pay fare, and that the overwhelming majority of fines were never paid, despite the threat of criminal charges and the possibility that unpaid fines would be sent to collections. (Sound Transit still has what I dubbed the “Shoreline Rule,” which requires riders who receive tickets for fare evasion to drive or take the bus up to Shoreline if they want to contest their tickets—a significant burden for people who are transit-dependent and those who can’t take off work for several hours to contest a ticket during the work day. King County eliminated the Shoreline Rule back in 2015).

“We’re really proud of the work we’ve done in King County on fare evasion, because … it’s unclear that that policy actually increases fare compliance and we know that it has some downstream negative impacts and disparate impacts,” Balducci said, adding that the point of fare enforcement should be to ensure that “people pay when they can, and that [for] people who can’t pay, who rely on our services, that we’ll find a way to address that need other than sending them to court and ultimately collections and, at some point, jail.”

Rogoff, who has argued that Sound Transit’s fare evasion rate is low precisely because people know they may incur substantial ($124) fines, said that while problems like the Shoreline Rule are “low-hanging fruit,” a complete overhaul of the agency’s fare enforcement policy would threaten the agency’s current high compliance rate. “The challenge is, I think, to have a policy that is meaningful and inclusive … but also to make sure that we [preserve] what is currently a high level of fare compliance” compared to cities with “open systems.” Rogoff also noted the current system only “criminalizes” fare evasion after the fourth offense in a calendar year.

Sound Transit’s fare enforcement talking points argue that implementing Metro-style rules that give low-income riders alternative avenues to resolve fare enforcement charges would be a “demeaning” “form of bias and discrimination” and would force fare enforcement officers “to make a judgment call based on appearances and/or through the use of invasive questioning.”

Rogoff’s statements last week are consistent with talking points developed by the agency late last year, which I obtained through a records request. The talking points, which the agency’s Director of Public Safety, Ken Cummins, provided to Rogoff in November, also explicitly connect fare enforcement, which is conducted by uniformed officers, with a sense of “safety” among light rail riders—suggesting that the presence of officers cracking down on fare evaders improves the perception of safety on trains. “Sound Transit has one of the transit industry’s lowest (if not the lowest) fare evasion rate and has since the inception of the fare enforcement program,” the talking points say. “Also, more than 93% of our riders surveyed feel safe while on our rail services. Both of these are directly attributed to our fare enforcement program.”

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Given that, according to Metro’s audit, fare evasion charges disproportionately target low-income riders and people experiencing homelessness, it’s easy to see how “safety” might be conflated with cracking down on certain categories of people. Sound Transit, and Rogoff in particular, have responded to concerns about equity in fare enforcement by pointing out that the agency’s fare enforcement officers check everybody on the train rather than singling out certain riders. This point showed up in both the talking points—which called the policy of universal checks a way to “ensure fairness and equity”—and in communications between Sound Transit’s communications staff and the fare enforcement division after the initial Metro audit was released, in anticipation of criticism or questions about fairness  The talking points, which you can read in full here, go on to argue that implementing Metro-style rules that give low-income riders alternative avenues to resolve fare enforcement charges would be a “demeaning” “form of bias and discrimination” and would force fare enforcement officers “to make a judgment call based on appearances and/or through the use of invasive questioning.”

Balducci says that Sound Transit’s go-to-talking point—”‘We enforce on the whole car; we do it to everybody—therefore you’re not going to see bias in terms of picking on certain types of people'”—misses the point. “That wasn’t entirely the issue we raised,” she says. “The issue we raised was that with the people we do find (evading fares), there could be a better approach.”

Morning Crank: Litmus Tests and Red Meat in West Seattle

The audience at Speak Out Seattle’s council forum in West Seattle (screen shot)

1. Speak Out Seattle, a group that fought against the head tax for homelessness, opposes tiny house villages and encampments, and backed an initiative to ban safe consumption sites in Seattle, kicked off the 2019 local campaign season with a forum last night in West Seattle. All five candidates—attorney Phillip Tavel, popcorn entrepreneur Jesse Greene, police lieutenant Brendan Kolding, and Isaiah Willoughby, plus incumbent Lisa Herbold.

It was probably inevitable that I’d be frustrated with this forum, though not for the reasons you might expect. Sure, I get frustrated with misconceptions about homelessness, and I’ve heard enough people who have never held public office (and never will) call for harsh law-and-order policies for several lifetimes. But my real issues with this forum—the first of several SOS plans to hold this year—were unrelated to the group’s conservative policy prescriptions.

First, many of the questions had little to do with policies the candidates would fight for if they were elected; instead, they were simplistic, red-meat, litmus-test questions, things like “What did you think of the ‘Seattle Is Dying report on KOMO?; “What grade would you give the city council?”; and “Do you support a state income tax?” Not only was there only one “right” answer to these questions (“I agreed with it completely”; “F”; and “no,” respectively), the answers meant very little, beyond giving an audience that came with its mind made up an opportunity to cheer or boo.

Second, facts didn’t seem to matter very much. (I know, I know—but wouldn’t it be nice if they sometimes did?) Herbold, who is not just the incumbent but a 20-year city hall veteran with a deep understanding of a vast range of city issues, had no opportunity to respond to false or misleading claims—like when her opponents referred to former mayoral staffer Scott Lindsay’s alarmist spreadsheet detailing crimes by 100 hand-picked offenders as a “study” that proved the need for harsher policies, or when Greene claimed that police can’t arrest people who have fewer than 30 “hits of methamphetamine or heroin” on their person. The one time Herbold did get a chance to respond directly to a piece of misinformation, it came from the moderator, KOMO’s Mike Lewis, who asked why, when the city council “radically increased business license fees” a few years back, didn’t they spend any of that money hiring new police officers. (Answer: They did.) Herbold also pushed back on an irrelevant question about whether she would support a “safe injection site” in West Seattle, pointing out that no one had ever suggested or even brought up such a proposal, and brandishing a fake flyer advertising an injection site in Pigeon Point—a sleepy area north of Delridge—as an example of how false rumors create panic.

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If you like the work I’m doing here, and would like to support this page financially, please support me by becoming a monthly donor on Patreon or PayPal.  For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses.  If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for reading, and I’m truly grateful for your support.

The result wasn’t a shitshow, exactly (the crowd only shouted Herbold down once, when she gave the city council a B-minus grade), but neither was it an opportunity for undecided voters to find out what the candidates would actually do if they were elected. Knowing what challengers think of a head tax that was defeated last year might provide some information about their views on taxes (though not much, since all of Herbold’s challengers said they hated it), and questions like “Why does Seattle have such a high property crime rate?” might give candidates a chance to pontificate for 60 seconds on that very broad issue, but to what end? Speak Out Seattle is a relatively new group, still struggling to escape its association with Safe Seattle, the volatile online group that recently claimed—falsely—that the Seattle Police Department was trying to cover up a grisly “beheading” at a homeless encampment in South Seattle. One way to accomplish that would be to ask, “Is the premise of this question true?” before posing it to candidates. Another would be to treat candidate forums not as an opportunity to quiz candidates on their top-five general issues (What causes homelessness? Is property crime getting worse?) but to find out what specific policies they would fight for on the council, and how they would work with other council members to make them happen. Elections aren’t about ideas; they’re about people. Candidate forums should be too.

2. With Rob Johnson leaving the city council on April 5 (sooner than I predicted here, since Johnson has apparently decided he does not need to stick around until Sound Transit’s Elected Leadership Group makes its Ballard-to-West-Seattle route recommendations), the council will need to pick a new member—and King County Executive Dow Constantine will need to pick a new Sound Transit board member.

The council’s process, outlined by council president Bruce Harrell here, will likely result in the appointment of a “caretaker”—someone who will serve out the rest of Johnson’s single term through the budget in November, and agree not to run for the position. Constantine’s process is more of a wild card. Under state law, the county executive must appoint a representative from North King County to Johnson’s position; historically, this has been a member of the Seattle City Council, and it would be unusual for Constantine to break from this tradition for a short-term appointment.

Currently, the two most likely candidates appear to be council member Lorena Gonzalez and council member Debora Juarez—Gonzalez because she’s a council veteran who represents the whole city (and, not for nothing, a West Seattleite like Constantine), Juarez because of her enthusiasm for getting into the weeds of the project in her North Seattle district, which includes two future light rail stations. Two other factors: Gonzalez, who heads up the council’s public safety committee, may have too much on her plate to take over a big new transportation job; Juarez, meanwhile, is up for reelection, and will be spending much of her time over the next few months on the campaign trail. Mike O’Brien, who was displaced from the board by Johnson in 2016, could be a dark-horse candidate, but given his previous conflict with Constantine over the proposed new King County juvenile jail, his appointment looks like the longest of long shots.

3. Leaders of the Seattle Department of Transportation, Sound Transit, and King County Metro watched as workers carefully lowered a new gunmetal-colored bus shelter into place on Fifth Avenue on Thursday, one of the final touches on a new northbound transit priority lane that will open this coming Saturday, when all bus routes come out of the downtown transit tunnel and 15 routes are redirected onto different streets. Northbound and soutbound transit lanes on Fifth Avenue will pair with southbound lane a northbound transit priority lane on Sixth Ave. (Info on Metro services changes here, and Sound Transit service changes here.)

Also Thursday, the Move All Seattle Sustainably (MASS) Coalition called for the immediate implementation of a temporary bus priority lane on Third Avenue between Stewart and Denny Streets to meet transit demand in Belltown and South Lake Union when the buses come out of the tunnel. MASS formed last year to push for more city investments in safe nonmotorized transportation infrastructure (including the completion of the downtown bike network.) In a statement, the coalition noted that 100,000 riders use that section of Third Avenue every day, yet “this section of 3rd Avenue still prioritizes single-occupant vehicles and parking — even though it carries only 7300 cars a day.

Asked about the proposal, Zimbabwe said it was the first he’d heard of it. “We’re looking at all sort of things as we continue to monitor the situation, he said. “It’s not something that’s going to happen right away.” Heather Marx, the director of downtown mobility for the city, said after the press conference that the city’s transportation operations center, which opened last year in anticipation of a Viadoom that never came, has remained open on a 24-7 basis ever since it opened, and would continue to stay open on a constant basis indefinitely, or at least through 2019, when the current budget cycle ends. Marx said the city still has some tricks up its sleeve if the buses get stuck in traffic, including adding more bus lanes, signal timing to give buses priority, and rerouting buses again.

Light Rail Riders Will Have to Switch Trains to Get Through Downtown Tunnel During East Link Construction

Sound Transit light rail riders traveling through the downtown Seattle transit tunnel will have to switch trains on a new, temporary center platform at the Pioneer Square station for ten weeks in early 2020 to accommodate construction to move tracks and install switches for the new East Link train line, which opens in 2023, into the existing rail system. During those ten weeks, people traveling through the tunnel in either direction will stop at Pioneer Square, deboard on a 14-foot-wide platform in the middle of the tunnel, and switch to the train that has just arrived from the opposite direction. After two minutes—an amount of time Sound Transit planners say is necessary to allow passengers on each train to get across the platform and reboard, and for train drivers to get from one end of the train to the other—the trains will continue in the same direction from which they came.

Sound Transit staffers said train doors will not open until another train has arrived from the opposite direction, to prevent riders from succumbing to the “temptation” to rush across the open trackway to the opposite station platform. The temporary center platform will be staffed with security and Sound Transit wayfinding staff during all hours when trains are running.

“This is a necessary inconvenience so we can enjoy the massive convenience of having access to 10 stations on the Eastside in 2023.” – Sound Transit CEO Peter Rogoff

If you have trouble visualizing how this would work, Sound Transit has created a couple of animations that I found extremely helpful. Essentially, trains that go to the University District station will be traveling to Pioneer Square and turning back, and trains coming from Angle Lake and the airport will be doing the same thing from the south. Four stations will operate with only one platform at a time during construction—Stadium, Chinatown/ID, University, and Westlake.

Additionally, the tunnel will be shut down altogether for three weekends during the construction period; during that time, riders will have to transfer to street-level buses between the Westlake and SoDo stations.

While construction is going on, four-car trains will operate at 12-minute frequencies all day (currently, Sound Transit runs three-car trains more frequently during rush hour and less often when demand is lower.) The result will be more crowding during busy periods—trains will have about 23 percent less capacity during the weekday peak—and less crowding during off hours, when there will be 11 percent more room for riders to spread out. Sound Transit staffers say they’re working on a plan to accommodate bikes and luggage when trains are more crowded than usual.

At a meeting of Sound Transit’s newly christened Rider Experience and Operations Committee meeting Thursday, Sound Transit CEO Peter Rogoff called the 10-week partial closure “a necessary inconvenience so we can enjoy the massive convenience of having access to 10 stations on the Eastside in 2023,” and predicted that riders would “scarcely remember the inconvenience of the 10 weeks in 2020, given the benefits that the whole region will get when East Link is done.”

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Durkan Hires a Familiar Face, for $720,000, to Represent the City During Light Rail Planning

Mayor Jenny Durkan has chosen Anne Fennessy,  a public-affairs consultant who has known Durkan for decades, to serve as the city’s single point of contact during the development of a plan for Sound Transit 3, which will extend light rail to Ballard and West Seattle. According to the contract, which was provided by the mayor’s office, Fennessy’s firm, Cocker Fennessy, will be paid $720,000 for the work. Sound Transit will reimburse the city for the full cost of Fennessy’s four-year contract. Durkan spokesman Mark Prentice says the mayor’s office interviewed about five people for the position before selecting Fennessy through a sole-source justification—a noncompetitive process. Prentice notes that Fennessy has a long history of doing  work for Sound Transit, pointing to public opinion research and public outreach work her firm, Cocker Fennessy, did for the agency during and after the unsuccessful “roads and transit” campaign in 2007. Prentice could not immediately say whether Durkan considered designating a (likely less expensive) city employee as the city’s representative before hiring Fennessy for the job.

Cocker Fennessy has received at least two other significant transportation-related city contracts during Durkan’s first year in office—to coordinate the city’s review of the stalled downtown streetcar and to assist in an assessment of the Seattle Department of Transportation. (As I previously reported, Fennessy lives near the streetcar route, which has caused major traffic disruption in Pioneer Square, and is married to Durkan’s Deputy Mayor David Moseley. Her work on the SDOT review, for which Fennessy established a makeshift, closet-sized office inside the agency itself,  is reportedly complete.

According to the partnering agreement between the city and Sound Transit, Fennessy’s job will involve working with the transit agency “to manage the project, to establish a cooperative and communicative platform for reaching early and durable decisions, and to resolve disputes.” As the designated representative for the city, Fennessy “will be located in the Mayor’s Office and will report directly and exclusively to the Mayor or Deputy Mayor,” according to the agreement.  “This is a huge, complex project that requires a great deal of work with individual departments, and someone is needed to help keep that cogently tied together and moving forward,” Sound Transit spokeswoman Kimberly Reason says.

The agreement, which the city council approved last December, indicates that Durkan was supposed to have appointed a designated representative by January 15 of this year. Fennessy reportedly received the contract within the last month or two. Reason, who directed specific questions about the contract to the mayor’s office, says that in the absence of a designated representative over the last year, Sound Transit has been “working with individuals in various departments” directly, as they have done in the past. Reason couldn’t say whether the lack of a designated representative had slowed down the process of working with the city. “That’s a hypothetical,” she says. “This is a new idea that we are implementing because we are on such a compressed timeline. … We’re changing our processes in real time, so our approach is, let’s do everything we can to work with the city, and now that the designee has been brought on board, we can implement that idea as well.”

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In addition to serving as Sound Transit’s sole point of contact at the city, Fennessy’s role will include coordinating technical input on everything from  “land use/zoning, traffic/parking [and] parks/open space” to “utility, roadway/traffic, drainage, structural/building, fire/life safety, construction staging, property acquisition/right-of-way vacation,” according to the agreement. The designated representative is also charged with assembling and overseeing the city’s project development team (a task that was also supposed to be complete, according to the agreement, by January of this year. Reason did not know whether the city had put together a project team.)

In an email, Fennessy said that Cocker Fennessy “does not speak on behalf our clients – so you should reach out to the Mayor’s office.”

Afternoon Crank: Bad News for Sound Transit, a Good Idea From Sound Transit, and Grandstanding on Forced “Treatment”

Morning Crank: “Unacceptable By Any Measure”

Image result for escalator broken temporarily stairs

1. At Sound Transit’s board meeting Thursday, agency CEO Peter Rogoff said the 40-minute waits many commuters experiencing when escalators at the University of Washington light rail station stopped working last Friday were “unacceptable by any measure.” Sound Transit wouldn’t let commuters use the stalled escalators as stairs—a common practice in other transit systems across the country—because they said the variable stair height on the escalators could result in people tripping. “This resulted in painfully long lines for our customers and rightly resulted in numerous customer complaints,” Rogoff summarized, adding that Sound Transit staff would come back to the board’s operations and administration committee with a set of “remedies” on April 5.

At the same meeting, board members also approved a set of performance objectives for Rogoff, including the development of a “Leadership Development Plan” for Rogoff in collaboration with a panel consisting of board members Nancy Backus, Paul Roberts, and Ron Lucas—the mayor of Auburn, mayor pro tem of Everett, and mayor of Steilacoom, respectively. The board mandated the plan at its last meeting, after (mildly) chiding Rogoff for his alleged behavior toward agency employees, which included looking women up and down and giving them “elevator eyes,” using racially insensitive language, shoving chairs, and yelling and swearing at employees. At that meeting, the board declined to give Rogoff a $30,000 bonus but did grant him a five-percent “cost-of-living” raise, bringing his salary to more than $328,000.

Several board members, including Seattle city council member Rob Johnson, expressed concern about a potential lack of transparency around the development of the plan, but no one raised any objections over the adequacy of the guidelines themselves, which include vague directives such as “Continue to enhance leadership skills, including the areas of active listening, self-awareness, and relationship building” and “develop specific action plans, performance expectation targets, and measurements to improve leadership abilities in these areas.” Last month, Johnson and Mayor Jenny Durkan were the only votes against the plan for Rogoff’s rehabilitation, which they both deemed inadequate given the seriousness of the allegations against him.

2. A petition to begin the process of removing Bailey Stober as chair of the King County Democrats has enough signatures to move the process to the next step: Holding a meeting of all the precinct committee officers (PCOs) in the county to vote on whether to remove Stober, who is under investigation for allegations of sexual harassment and financial misconduct. However, dozens of PCOs who have been appointed but not yet approved by Stober may be unable to vote, including nearly a dozen “pending” PCOs who have signed an open letter calling on Stober to resign.

On Monday, the group’s executive board agreed to hold a meeting to discuss the financial misconduct allegations against Stober; the petition will be presented at that meeting. On Tuesday, Stober said he planned to make an “announcement pertinent to our organization” during his report at the beginning of the meeting. Some in the group have speculated that he may attempt to present “evidence” in a separate harassment case against him that would cast his alleged victim—a former employee whom Stober fired—and her supporters in an unflattering light, and then resign.

One hundred twenty-two appointed PCOs remain in “pending” status waiting for Stober to sign off on their appointments, which is one of the duties of the King County party chair. Some have been waiting for more than a year for Stober’s approval.

3. Meanwhile, Stober has lost his legal representation in a separate case stemming from alleged campaign-finance violations in his 2015 run for Kent City Council.  The firm that was representing him, Schwerin Campbell Barnard Iglitzen & Lavitt, filed a petition formally removing themselves from the case on March 8. The state Attorney General’s Office (AGO) has been attempting to get documents from Stober for nearly a year in a case related to two citizen actions filed by conservative activist Glen Morgan; the first accuses Stober of using campaign funds for personal use and other campaign-finance violations, and the second alleges that Stober campaigned for other candidates on public time (in his role as King County Dems chair) while on the clock as spokesman for King County Assessor John Arthur Wilson. Last June, the AGO issued a press release announcing it was seeking an order forcing Stober to hand over the documents; although that request was granted, subsequent court records reveal that the AGO was (at least initially) unable to serve Stober at his home (where the lights were on and a car was in the driveway but no one answered) or his office (where the process server was told Stober was on vacation.)

Dmitri Iglitzen, a partner at the firm, declined to comment on why his firm decided to stop representing Stober, citing attorney-client privilege, but did say that the firm has “at no time billed King County Democrats (or any other entity) for legal services related to our representation of Mr. Stober” and “at no time has provided legal services to Mr. Stober on a pro bono basis.” In other words, Stober was (or was supposed to be) paying them for their services. Iglitzen declined to say whether nonpayment was an issue in his firm’s decision to cut ties with Stober.

Stober, who ran for the Kent Council three times, has already been fined $4,000 for campaign disclosure violations related to his 2011 and 2013 campaigns for the position.

4. On Wednesday, the city council’s Planning, Land Use and Zoning committee finally approved legislation that will lift parking mandates, require more bike parking at new buildings, and require developers of large buildings to “unbundle” the cost of parking and rent by charging separately for each, on Wednesday, although one controversial provision will be back on the docket at Monday’s full council meeting.

Council member Lisa Herbold raised objections to several changes made by the legislation, including the unbundling provision (she worried that renters would choose not to rent parking and just park on the street); a new definition of “frequent transit service” that allows apartments without parking within a quarter-mile of bus routes that run, on average, every 15 minutes; and a provision removing parking mandates for affordable housing and one lowering the mandate for senior housing.

Most of Herbold’s amendments were unsuccessful, although she did manage to pass one that will impose a special parking mandate on new buildings near the Fauntleroy ferry dock. (Council member Mike O’Brien voted against that proposal, arguing that that there were ways to prevent ferry riders from parking in the neighborhood that did not involve requiring developers to build one parking space for every unit so close to a frequent bus line, the RapidRide C). When the full council takes up the legislation Monday, Herbold said she plans to reintroduce just one amendment: A proposal that would allow the city to impose “mitigation” requirements under the State Environmental Policy Act on new developments in neighborhoods where more than 85 percent of parking spaces are routinely occupied. Those measures could include site-specific parking mandates or provisions barring renters at a new development from obtaining residential parking zone permits to park on the street (currently, RPZ permits are available to all city residents.)

Both Johnson and O’Brien objected that the purpose of environmental mitigation under SEPA is to mitigate against the negative environmental impacts of projects, not build new parking lots for cars. O’Brien pointed to the well-documented phenomenon of induced demand—the principle that adding more parking spaces or highway lanes simply leads people to drive more. Herbold countered that driving around searching for parking has an environmental impact, an argument that equates the minuscule climate impact of circling the block for a minute to that of purchasing and driving a car because your neighborhood has plenty of free parking. “We should be reverse engineering” our existing urban landscape, Johnson argued, “and requiring more green space instead of more asphalt.”

The council will take up the parking reform legislation, and Herbold’s amendment, on Monday at 2pm.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.

Morning Crank: “Sound Transit Is Not Felt To Be a Safe Workplace”

1. Sound Transit CEO Peter Rogoff escaped serious reprimand on Wednesday for alleged behavior toward agency employees that included looking women up and down and giving them “elevator eyes,” using racially insensitive language, swearing at employees, and using an abrasive style that both the public memo on the investigation into his behavior and King County Executive Dow Constantine described as “East Coast” (whatever that’s supposed to mean). With only Seattle Mayor Jenny Durkan and Seattle City Council member Rob Johnson dissenting (because they believed Rogoff’s punishment was insufficient), the board voted to require Rogoff to create a “leadership development plan” to improve his listening, self-awareness, and relationship building” skills and to  assign a three-member panel, made up of Sound Transit board members, to monitor his progress on the plan for six months.

Durkan skipped the launch of an NHL season ticket drive and the raising of the NHL flag over the Space Needle to be at today’s board meeting, an indication of how seriously she took the charges. Before voting, Durkan read the following statement:

“The issues raised and on which we were briefed led me to believe the conclusion that these [performance] factors cannot be met, and so I will be voting against this motion. I think the facts that we have been briefed on and the conclusions reached by our Counsel demonstrate that Sound Transit is not felt to be a safe workplace for all employees, that they do not feel that they can act without repercussions, and that there are many who feel that their work is not valued. I am also concerned that the statements that were alleged to have been made by the CEO, and the actions that were raised – raised the issue of racial bias and insensitivity, as well as other workplace harassment issues. I do not believe that these issues have been resolved as completely as indicated by Counsel, and that having three Board Members oversee the daily work of this CEO is not the resolution, and so I will be voting against this motion.”

Neither Durkan nor Johnson had any further comment after the meeting.

The memo on the investigation lays out a few specific examples of behaviors that the investigation deemed inappropriate, including a Black History Month event in 2016 at which Rogoff “reportedly made comments condescending toward persons of color” and a 2017 incident in which he dismissively told a female employee, “Honey, that ain’t ever going to happen” in response to a question. But the memo, and most of the Sound Transit board, is also quick to chalk much of Rogoff’s reported behavior up to difficulty navigating the politeness of Pacific Northwest culture and the fact that the previous CEO, Joni Earl, was so beloved that Rogoff faced built-in challenges from the time he was hired, in late 2015. To wit:

In the meeting, King County Executive Dow Constantine, who was chair of the Sound Transit board when Rogoff was hired, said he talked to Rogoff when he applied for the position and “cautioned him that his directness was going to run up against a very different way of interacting  to which we are accustomed here in the Pacific Northwest, and that he was going to have to modify his manner and understand the local culture if we were going to be successful.” Constantine also described Rogoff as “bracingly direct” before praising his effectiveness.

Rogoff echoed Constantine’s complimentary assessment of his style in his own memo responding to the allegations. In the memo, Rogoff acknowledges (using language that reads a bit like a job applicant saying that his worst flaw is his “relentless attention to detail”) that his “directness and unvarnished clarity did not sit well with some staff” and that he was, at times, “overly intense in articulating my expectations for performance.” Rogoff goes on to explicitly deny some of the allegations,” calling some of the claims made during the investigation “misquoted, misunderstood, mischaracterized or false. I don’t yell at people.  I don’t disparage small city mayors and I don’t shove chairs to make a point,” two incidents that were detailed in the documents released today. “I was shocked to read some of the characterizations on this list.”

A document labeled “Peter Rogoff, CEO ST: Note to file” describes some of those alleged incidents. They include: Directing a staffer to tell Seattle Times reporter Mike Lindblom to “go fuck himself”; yelling over the phone at a staffer in a conversation that lasted from 11pm to 1am; standing up at a meeting and saying “When I give direction, it’s for action, not rumination” and shoving a chair; saying that he “couldn’t give a flying fuck about how things were when Joni [Earl] was here, because she’s not here anymore”; using the term “flying fuck” constantly “to everyone”; and the aforementioned incidents in which he allegedly looked women up and down and gave them “elevator eyes.”

King County Council member and Sound Transit board member Claudia Balducci said after the meeting that she has “seen a lot of improvement” in Rogoff’s behavior. “I think that at least shows that it’s possible, and therefore that we could have a successful CEO. If he can manage people with respect and dignity then I felt he deserves the opportunity.” Balducci disagreed that Rogoff’s management style could be explained away by “regional” differences. “I’m from New York,” she said, and “I think everybody, no matter where they’re from, knows how to be respectful. The things that we were talking about were more than just style.”

Although Rogoff did not receive a bonus this year, he did receive a five percent cost of living adjustment, which puts his salary at just over $328,000.

2. The city’s progressive revenue task force held its final meeting on Wednesday morning, adopting a report (final version to come) that recommends new taxes that could bring in as much as $150 million a year for housing and services for homeless and low-income people in Seattle. Half of that total, $75 million, would come from some version of an employee hours tax; the variables include what size business will pay the tax ($8 million vs. $10 million in gross revenues), the tax rate and whether it will be a flat per-employee fee or a percentage of revenues; and whether businesses that don’t hit the threshold for the tax will have to pay a so-called “skin in the game” fee for doing business in the city. The task force also talked about making the tax graduated based on employer size, but noted that such a tax may not be legal and would almost certainly be subject to immediate legal challenges.

The original memo on the head tax proposals suggests that the “skin in the game” fee should be $200 and that the fee would kick in once a business makes gross revenues—not net profits—of $500,000. During the conversation Wednesday morning, some task force members floated the idea of lowering that threshold to just $100,000, a level that would require many small businesses, such as street-level retailers, to pay the fee, regardless of what their actual profit margins are. However, after council member and task force chair Lorena Gonzalez pointed out that the city has not done a racial equity analysis to see how any of the head tax proposals would impact minority business owners, the group decided to keep the trigger at $500,000 in gross revenues. Additionally, they decided to raise the recommended fee to $395—a number that was thrown out, seemingly at random, by a task force member who called it “psychological pricing” (on the theory that $395 feels like significantly less than $400).

The other $75 million would come, in theory, from a combination of other taxes, some of them untested in Seattle and likely to face legal challenges, including a local excise tax, an excess compensation tax, a tax on “speculative real estate investment activity,” and an increase in the real estate excise tax. Legal challenges could delay implementation of new taxes months or years, and—although no one brought it up at yesterday’s meeting—REET revenues always take a nosedive during economic downturns, making them a fairly volatile revenue source.

3. The Teamsters Local 174 confirmed yesterday that they will no longer allow the King County Democrats to hold meetings at their building in Tukwila, after a contentious meeting Tuesday night that lasted until nearly midnight. My report on that meeting, at which the group decided to extend and expand the investigation into sexual harassment and financial misconduct claims against the group’s chairman, Bailey Stober, is here.

According to Teamsters senior business agent Tim Allen, the decision wasn’t directly related to the allegations against Stober, but had to do with the behavior of some of the group’s members and their treatment of a custodial worker who had to clean up after the group, who may have been drinking alcohol on the premises. “We have standards of conduct that people are supposed to live up to” around how guests treat the building and whether they “treat our [staffers] properly,” Allen said. “They had the whole building to clean, and usually we expect [groups that use the building] to clean up after themselves. Stober, contacted by email, said “I’ve heard varying degrees of that story” (that people were drinking, continued to do so after they were asked to stop, and left a mess), “but I can’t confirm that because I was sitting in the front of the room and have no knowledge of what was happening outside of the room.” Many other local progressive groups, including some legislative Democratic groups, have alcohol at their meetings (many provide beer or wine for a suggested donation), but some venues do not allow alcohol without a banquet license.

If you enjoy the work I do here at The C Is for Crank, please consider becoming a sustaining supporter of the site or making a one-time contribution! For just $5, $10, or $20 a month (or whatever you can give), you can help keep this site going, and help me continue to dedicate the many hours it takes to bring you stories like this one every week. This site is funded entirely by contributions from readers, which pay for the time I put into reporting and writing for this blog and on social media, as well as reporting-related and office expenses. Thank you for reading, and I’m truly grateful for your support.