On Thursday, House Democrats amended legislation creating a new office to deal with encampments in public rights-of-way, removing many of the provisions that homeless advocates feared would be used to sweep encampments indiscriminately—and leaving unanswered questions about what its actual impact would be.
The bill, originally requested by Gov, Jay Inslee (SB 5662) and sponsored Sen. Patty Kuderer (D-48, Bellevue), would create a new Office of Intergovernmental Coordination on Public Right-of-Way Homeless Encampments within the Department of Social and Health Services.
The job of the office would be to coordinate efforts to respond to homeless encampments Washington State Department of Transportation right-of-way, such as underneath highway overpasses, with the ultimate goal of “reducing the number of encamped persons through transition to a permanent housing solution so that the encampment is closed with the site either restored to original conditions or preserved for future use.”
Kuderer said the office would identify new permanent housing or shelter options and offer them to people living in WSDOT rights-of-way before removing people from where they are—“meeting people where they’re at” and connecting them with services and resources.
The bill’s ultimate goal is to transition people living in encampments to permanent housing, she said, but Kuderer told PubliCola she wanted to include temporary shelters and other sanctioned encampment options in the bill so people will have a place to live that’s not next to a highway while the state tries to create more permanent housing.
Affordable housing and homeless advocacy groups like the ACLU, the Washington Low Income Housing Alliance and the Seattle-King County Coalition on Homelessness fear that without changes, the bill could be used to justify encampment sweeps.
Alison Eisinger, the Executive Director of the Coalition, told PubliCola, “We appreciate the changes made in the House, and we really like investments in housing and services, but we would be opposed to any bill that encourages sweeps.”
Currently, the bill says encampments on WSDOT property will get priority access to shelter and housing, with encampments that pose “the greatest health and safety risk to the encamped population, the public, or workers on the right-of-way” rising to the top of the list. In practice, this could mean that people living in encampments on WSDOT property would get priority for shelter, services, or housing over other unsheltered people because of their location alone.
“Shelter or housing plans should be complete before engaging persons encamped on the public rights-of-way,” the bill says. However, the bill also stipulates that if there are “concerns over public health and safety, worker access and safety, and public access,” jurisdictions could remove an encampment and displace campers without offering them anywhere to go. In Seattle, a similar set of guidelines has enabled the city to define virtually any encampment in any public space, including sidewalks and parks, as an “obstruction,” allowing it to remove encampments without offering shelter or services and without any advance notice.
Advocates also point out that the bill’s description of the process for transitioning people into housing is vague. The bill expresses the “intent” that cities and other jurisdictions will “engage” unsheltered people “with teams of multidisciplinary experts focused in trauma-informed care” and offer them “provisions of service” with the goal of moving them to permanent housing. But it does not explain who the experts would be, how they would provide “trauma-informed care,” what counts as “service,” and what counts as a “housing solution.”
THIS POST HAS BEEN UPDATED, with comments from King County Metro and Transportation Choices Coalition.
The Alliance for Pioneer Square has reached a settlement with the city, county, and state in its lawsuit seeking to stop the construction of a 100-foot-wide, 8-to-9-lane roadway on the waterfront in Pioneer Square, The C Is for Crank has learned.
The settlement stipulates that the Washington Department of Transportation (WSDOT) will be able to build the 102-foot-wide surface highway as part of the Alaskan Way Viaduct replacement project, with lanes for transit, general traffic, parking, and ferry queues, on the condition that once Sound Transit opens its light rail station in West Seattle in 2033 and Metro no longer needs to run RapidRide buses from West Seattle to downtown, the city will narrow the surface Alaskan Way by eliminating the transit lanes and replacing them with new sidewalks, landscaping, or parking lanes. That will eventually bring the roadway down from 102 feet at its widest point, between S Washington St. and Yesler Way, to 79 feet. In the settlement, Metro agrees to run no more than 195 buses a day on the Alaskan Way surface street after light rail opens. The tunnel is supposed to open to traffic in 2019, and the waterfront project, including the roadway, is scheduled to open three years later, meaning that the ultra-wide road will stand between Pioneer Square and the waterfront for about ten years.
Within fifteen (15) months of the opening of the Alaska Junction station of Sound Transit Light Rail service to West Seattle, the City will retrofit SR 519/Alaskan Way between Yesler Way and South King Street to narrow Alaskan Way by eliminating the transit lane on each side of Alaskan Way, and converting the area of the former transit lane to sidewalks, landscaping, and on-street parking.
“What we have agreed to is that I’m going to quit complaining about 600 buses a day and a 9-lane highway, and when light rail gets to West Seattle, they’re going to come back and make the road narrower, so that in the interim we are accommodating the transportation needs of a rapidly changing city, and in the future we will be more accommodating of the pedestrian and bicycling needs of the waterfront and the historic district,” Alliance for Pioneer Square director Leslie Smith says.
“What we have agreed to is that I’m going to quit complaining about 600 buses a day and a 9-lane highway, and when light rail gets to West Seattle, they’re going to come back and make the road narrower.” – Leslie Smith, Alliance for Pioneer Square
The debate over the surface street dates back to the mid-2000s, when a group called the the People’s Waterfront Coalition argued that Seattle should follow in the footsteps of progressive cities like San Francisco and tear down its waterfront highway—without replacing it. Thanks in part to state traffic modeling that assumed (incorrectly, it turned out) that the number of people driving downtown in single-occupant vehicles would increase indefinitely, that plan was rejected, and Seattle ended up getting not just a downtown tunnel, but a costly deep-bore tunnel with no downtown exits that is currently four years years late and $23 million over budget.
With the tunnel mostly off limits to transit and freight, the city, state, Port, and Metro had to figure out how to accommodate transit, freight, bikes, and pedestrians, along with cars lining up for the ferry terminal and general-purpose traffic, on the surface. No one was willing to budge on their demands—not Washington State Ferries, which insisted that it needed two car queueing lanes on Alaskan Way, not Metro, which argued that putting buses in general traffic would slow down the system from White Center to Ballard, and not the Port, which dismissed suggestions that it share a lane with transit, arguing that 18-wheelers shouldn’t be stuck behind buses that stop every couple of blocks. And that, more or less, is how the city ended up with a 100-foot-wide highway right next to Pioneer Square, cutting off the historic district from the waterfront as surely as the Alaskan Way Viaduct has since 1953.
“The issues with the width of the road aren’t lost on anyone,” Office of the Waterfront director Marshall Foster said Friday. Sitting in a vast conference room on Fifth Avenue that looks over downtown construction and, far away, the viaduct itself, Foster said the city has “worked for years to keep it as narrow as possible, [but] with the viaduct coming down, we have to not only deal with just the basic background traffic that we know will have to operate in that corridor,” but all the surface freight traffic through downtown, 600 buses carrying nearly 30,000 people a day, and hundreds of cars that line up for the ferry terminal at Colman Dock every afternoon (585 a day, according to the EIS.)
“We’re in the middle of this big transit transition where we’re bringing on a huge volume of transit service, but we’re struggling to do it fast enough.” – Marshall Foster, director, Seattle Office of the Waterfront
“The fundamental reason that we’re in this awkward place, I think, is that we’re in the middle of growing pains as a city,” Foster continued. “We’re in the middle of this big transit transition where we’re bringing on a huge volume of transit service, but we’re struggling to do it fast enough.”
I asked Nicole Macintosh, director of terminal engineering for Washington State Ferries, why the ferry division couldn’t use a reservation system, like the one it just implemented in the San Juan Islands and Port Townsend, to reduce the number of cars that need to line up on the waterfront. Macintosh said “we don’t have the funding yet to bring the reservation system down to the more core car commuter routes, like Seattle, but I can tell you that with that reservation system we would definitely need two lanes”—one for people with reservations, and one for people who just drive up. What about running more passenger ferries? Macintosh said that would require a change in state law, and reminded me that the ferries are considered part of the state highway system—an objection Foster acknowledges, but also chalks up to “a cultural thing” within WSDOT that could be shifting. Macintosh also rejected the notion that some of the free parking that WSDOT provides to dock workers at Colman Dock itself—about 55 spaces in all—could be used as ferry queuing space, saying that the parking spaces are mostly in “unusable” areas of the dock.
Transit advocates weren’t thrilled when Smith filed her lawsuit challenging the waterfront plan, because Smith’s original proposed mitigation plan involved moving buses bound for downtown from West Seattle off the waterfront and onto S. Lander Street, where they’d have to traverse more than 20 traffic lights. “I just find it really strange that an important public decision is being made through this sideways approach of a legal challenge where the only stakeholders are government agencies and the person challenging the [environmental impact statement],” Transportation Choices Coalition director Shefali Ranganathan, who did not receive prior notice that the Alliance had reached an agreement with the city, county, and state, said Monday that she was disappointed that stakeholders like TCC hadn’t been involved in the settlement discussions, which she called “mysterious.”
“I was hoping for something that would bring our heads together, and this process limits that type of collaboration,” Ranganathan said Monday.
Ranganathan also questions the assumptions Metro made in preemptively limiting the growth of transit service on the waterfront to 195 buses a day. “I just don’t understand how we are making commitments about transit capacity so far into the future,” she says. “We don’t know what transit use will look like 10 years from now. Maybe Link [light rail] will be able to take all this capacity, maybe it won’t. We see transit ridership growing at a record pace, and to limit ourselves 15 years into the future based on expectations around buses seems short-sighted.” Similarly, Ranganathan questions the ferry system’s claim that it will always need two queuing lanes, no matter how demand for passenger ferry service or electronic reservation technology evolves in the future. “The ferry system is going to change and adapt to the needs of its users, and that’s going to include how people access that facility, she says.
Victor Obeso, Metro’s deputy general manager, says the transit agency is “comfortable” with its agreement to never run more than 195 buses a day along the waterfront once the West Seattle light rail station opens. “Based on our planning assumptions, we think we can live within the [limit of] 195 in the future,” Obeso says. “Once rail is extended out to West Seattle, as we’ve done with every segment of rail so far, we would take full advantage of the capacity and speed of rail.”
There are a lot of ifs built into this plan. The first big one is that this roadway narrowing project—the first one in Seattle that Smith, a lifelong resident, can remember—is contingent on a successful five-year process involving the Port, WSDOT, the Alliance, the city, and Pioneer Square property owners and tenants, who are supposed to spend five years working together to decide what the post-light rail roadway will look like. That proposal will then have to be approved by a future city council and King County Councils, which are not legally bound to do what the settlement suggests. Smith, now in her 60s, acknowledges that “Yes, 10 or 12 years from now, somebody else may have to fight this the way I have fought it. But I also have a signed agreement. It’s pretty airtight.”
In addition, the proposal is still probably not enough to address many of the objections raised by the Transportation Choices Coalition, Feet First, and Cascade Bicycle Club in their letter commenting on the draft environmental impact statement last year. At 102 feet, the Pioneer Square section of the new Alaskan Way will be as wide as the reconstructed Mercer Ave. in South Lake Union—a vast, foreboding stretch of barren concrete that is a textbook example of pedestrian-hostile street planning—for a decade. And narrowing this short section, assuming it happens, still won’t address the fundamental issue at the heart of those groups’ objections—that widening roadways induces demand, leading to “immediate growth of vehicle miles traveled on a corridor.”
Smith, for her part, says she doesn’t regret filing the challenge, but she’s glad it’s over. “It took a series of long and very painful conversations” to get to a settlement, she says, but “I think it wasn’t a bad thing that I filed. If I hadn’t appealed, I’d have a nine-lane road forever.”
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