About this blog

My name is Bill Hirt and I'm a candidate to be a Representative from the 48th district in the Washington State legislature. My candidacy stems from concern the legislature is not properly overseeing the WSDOT and Sound Transit East Link light rail program. I believe East Link will be a disaster for the entire eastside. ST will spend 5-6 billion on a transportation project that will increase, not decrease cross-lake congestion, violates federal environmental laws, devastates a beautiful part of residential Bellevue, creates havoc in Bellevue's central business district, and does absolutely nothing to alleviate congestion on 1-90 and 405. The only winners with East Link are the Associated Builders and Contractors of Western Washington and their labor unions.

This blog is an attempt to get more public awareness of these concerns. Many of the articles are from 3 years of failed efforts to persuade the Bellevue City Council, King County Council, east side legislators, media, and other organizations to stop this debacle. I have no illusions about being elected. My hope is voters from throughout the east side will read of my candidacy and visit this Web site. If they don't find them persuasive I know at least I tried.

Monday, January 30, 2017

The “Sow’s Ear” Reality of I-405 HOT

The WSDOT presentation to the Bellevue City Council concerning I-405 HOT status can best be described as, at least for most commuters, attempting to make a “silk purse out of a sow’s ear”.    While HOT is a “silk purse” for transit riders, vanpoolers, carpoolers, and those willing to pay the tolls it’s a “sow’s ear” for the vast majority of commuters who are getting very little out of the $484 million the WSDOT spent implementing HOT between Lynnwood and Bellevue. 

The number of transit riders benefitting is severely limited by the lack of P&R stalls and bus routes during the peak commute hours.  It’s not clear how many  are vanpoolers, but the +3 HOV requirement has made carpooling far more difficult.  The WSDOT “silk purse” approach was to “maximize” the purported velocity improvements with HOT and  “minimize” the number of those paying the tolls and the amount they had to pay.  

For example they averaged the velocity improvements over the 5:00 – 9:00 am morning commutes and 3:00 -7:00 p.m. evening commutes instead of the two hours when traffic was heaviest in both directions.   They chose to attribute the improvements to HOT despite the fact that additional lanes had been added in both directions between Bellevue and Bothell, the area with the most congestion.

Their “silk purse” approach averaged the tolls paid over the entire year to assert 56% of HOT users only paid 75 cents and that only 3.5 % paid $8.00 and 3.3% paid the maximum $10.00 tolls.  The “sow’s ear” reality was that average tolls increased from $1.75 to $2.99 during the year, a 70% increase.   Obviously commuters paid far higher tolls over the last quarter.   The number of those paying tolls quarterly increased from 3,000,000 to 3,550,000, about 18% during the year.   The fact that an 18% increase in those paying the tolls increased average fares by 70% exemplifies the HOT “sow’s ear” reality, “the more paying the toll the more they each pay”. 

What’s clear is the WSDOT needs to provide both HOT and GP velocities during the peak two hour morning and afternoon commutes and the percentage of those paying the different tolls for the last quarter of 2016.   They’re surely needed for the legislature to decide “whether HOT is a good thing or not”.    The enabling legislation also required HOT revenue “pay for itself and achieve 45mph over 90% of the time during daily commute". 

The “silk purse” approach heralded the fact toll revenue had exceeded operating costs sufficient to fund a “peak shoulder lane”.  The “sow’s ear” reality was whatever the unspecified profit, it was not likely to meet the payments required for the $484 million spent on I-405 HOT.   To conclude “profitability" isn’t a problem “suggests” legislators are willing to accept far more commuters being forced to pay higher fares in the future. 

While the average HOT lane velocity along the entire route achieves the 45 mph 89% of the 4-hour morning and afternoon “peak periods”, the Bothell-to-Bellevue section did so less than 80% of the time.  Again the WSDOT “silk purse” used average velocities for the full year and for their 4-hour peak periods.  The  “sow’s ear” reality would have shown the results over the last quarter available and the one or two hours when most commuters are using the lanes.   

What’s “disappointing” is the legislatures purported “requirements” didn’t include any benefit for I-405 GP lane commuters.   They were also promised benefits from HOT, apparently on the assumption the anticipated numbers of commuters willing to pay HOT fees would be greater than the loss of +2HOV carpoolers due to the +3HOV requirement.  Yet GP velocities Northbound only increased from 28 to 29 mph despite the fact another lane had been added.   Surely using one of the northbound HOT lanes for GP would have substantially increased average velocities, especially during peak commute.   

Unfortunately Rep. Clibborn, the chairwomen of the House Transportation Committee, apparently doesn’t understand the “sow’s ear” reality of the I-405 HOT “pilot program”.   She refuses to “look at bills to end tolling between Bellevue and Lynnwood” claiming the tolls are “the only unallocated source of revenue generated in the state”.   (I suspect her Mercer Island constituents, as well as others using the I-90 Bridge, will be “less than pleased” if her HOT support allows the WSDOT to proceed with their 2006 plans to initiate HOT on the bridge when Sound Transit closes the center roadway.)


Fortunately Sen. King, the chairman of the Senate Transportation Committee, is at least waiting until the “experiment is scheduled to end in September”.   Hopefully he and others will recognize the disparity between the likely WSDOT “pink purse” assessment and the “sow’s ear” reality of HOT.   Commuters throughout the area will pay a heavy price if they don’t.

Wednesday, January 25, 2017

Attorney General Ferguson's Response

I thought viewers might be interested in Attorney General Ferguson’s response to the complaint detailed in the previous post regarding Sound Transit’s failure to comply with the state’s Revised Code of Washington RCW 81.104.00 (2)(b) concerning planning requirements for HCT with their light rail spine.

ATTORNEY GENERAL OF WASHINGTON
Consumer Protection Division
800 Fifth Avenue, Suite 2000 Seattle, WA 98104 (206) 464-6686

January 25, 2017

William James Hirt
 2615 170th SE 
Bellevue, WA 98008

RE:   Sound Transit / Central Puget Sound Regional Transit Authority
File #:   498774

Dear William James Hirt:

Thank you for contacting the Consumer Protection Division of the Attorney General’s Office. Your complaint has been reviewed and it was determined that the issues presented are under the regulatory authority of another agency. Your complaint has been closed accordingly.

We referred your complaint to the following agency. Please contact the identified agency directly with questions about the status of your complaint.  

Sound Transit Board of Directors
c/o Board Administrator
401 Jackson S
Seattle, WA 98104


 My "guess" is Sound Transit Board of Directors will "conclude" they complied with the RCW. 

Friday, January 20, 2017

Dear Attorney General Ferguson

(This post was prompted by the Jan. 19th Seattle Times B1 page announcement Attorney General Ferguson was filing suit against a student loan company because of its deceptive practices.) 


My post-ST3-approval blog posts have attracted nearly 20,000 page views.  They include urging the Seattle Times recommend an outside audit of Sound Transit, urging Sound Transit use ST3 funds to expedite West Seattle and Ballard extensions, predicting the likely failure of the Issaquah Transportation Summit to effectively deal with transportation problems, urging Mercer Island City council to rescind East Link building approvals, the failure of the “Expert Review Panel” to recognize light rail problems, and why Sound Transit’s light rail spine planning violates the state’s RCW.  Sound Transit’s actions, however, seemingly continue as ineffectual as ever. 

This post is an attempt to attract the attention of the Washington State Attorney General’s office to these concerns by emailing the following letter as a General Consumer Complaint.  (Doing so avoids the 5000-character limit imposed on “Contacts”)

Dear Attorney General Ferguson,

The Revised Code of Washington RCW 81.104.100 details the code requirement for high capacity transit system planning.  RCW 81.104.00 (2)  and section (b) are shown below:

(2) High capacity transportation system planning is the detailed evaluation of a range of high capacity transportation system options, including: Do nothing, low capital, and ranges of higher capital facilities.  High capacity transportation system planning shall proceed as follows:

(b) Development of options. Options to be studied shall be developed to ensure an appropriate range of technologies and service policies can be evaluated. A do-nothing option and a low capital option that maximizes the current system shall be developed. 

Sound Transit’s 2008 Draft Environment Impact Statement DEIS included a “no build” option for their East Link light rail proposal, presumably their response for a “Do nothing, low capital option”.  It included adding 4th lanes to the I-90 Bridge outer roadways and maintaining current procedure, reversing the two center roadways for morning and afternoon commutes.  They apparently never considered initiating permanent inbound and outbound bus rapid transit (BRT) only lanes on the center roadway.  Doing so would have provided “low capital” cross-lake capacity far exceeding light rail.

There is also no indication Sound Transit ever considered BRT use of limited access HOV lanes along the I-5 corridor.  Again, an option that should have been considered as a “do nothing, low capital” response to the RCW.  Especially in view of the Seattle Downtown Transit Tunnel limitations on light rail capacity.

Surely your office has a responsibility to require Sound Transit comply with the RCW.

Sincerely,
William J Hirt

This latest letter is the 3rd attempt to attract the Attorney General’s attention to Sound Transit’s "problematic" actions.   A 9/23/13 post “WSDOT/ST Lawyers Fail to do Due Diligence” detailed problems with his support for lawyers in the State Supreme Court rejection of the Freeman light rail lawsuit.  They claimed the center roadway could be used for light rail because the addition of  4th lanes (Alternative R-8A) on the outer roadways would make the center roadway unneeded for vehicles.  

They supported that claim by referring to several studies, one of which was an FHWA Sept. 2004 document,  "I-90 Two-Way Transit and HOV Operations FEIS [(Final Environmental Impact Statement)] and ROD [(Record of Decision)]”.    That document, however, stipulated the two center roadways would still be needed for vehicle use on the center roadway with the added HOV lanes (R-8A) on outer roadways.  Yet Sound Transit has no plans to demonstrate the FHWA was wrong by temporarily closing the bridge center roadways prior to permanently closing them this summer for light rail construction.

The 2nd attempt was a letter to the Attorney General Ferguson’s office (posted 2/21/15) concerning Sound Transit’s response to federal environmental regulations.  They require light rail have a de minimis impact on the Mercer Slough Park.   Sound Transit responded telling both the FHA and FTA the following:

1)  Preferred Alternative B2M would not impact noise levels in the park.
2)  Preferred Alternative B2M would not substantially affect park use, the park’s features, activities, and attributes, or diminish the park’s value.    

 Yet Sound Transit was responding to Bellevue City Council concerns about light rail noise with plans to spend millions shielding properties hundreds of feet away across a major roadway from light rail tracks.  The obvious “discrepancy” didn’t keep the State Environmental Protection Agency (SEPA) from approving Sound Transits response to environmental regulations; making a mockery of the whole environment review process and ending forever the quiet solitude of the park.


Again Attorney General Ferguson has not responded to the earlier concerns about I-90 Bridge outer roadway capacity and the impact of light rail noise on the Mercer Slough Park.  It remains to be seen whether he will show as much concern about Sound Transit’s flagrant violation of RCW requirements as he does about those making student loans.

Sunday, January 15, 2017

Light Rail Spine Violates Revised Code of Washington

(I wrote the following as a follow-up to the previous post)

Light Rail Spine Violates Revised Code of Washington
My concern about Sound Transit light rail began 8 years ago when I realized Sound Transit’s 2008 East Link Draft Environment Impact Statement (DEIS) had “neglected” to consider two-way bus rapid transit (BRT) on the I-90 Bridge center roadway for cross-lake public transit.  Since then I’ve spent considerable time and effort attempting to persuade the area it was a monumental blunder that will increase cross-lake congestion for everyone duing light rail construction and for the vast majority of commuters unable to access East Link when it finally begins operation.

As the previous post suggests, Sound Transit’s planning for East Link also clearly violates transportation requirements in the Revised Code of Washington (RCW), the compilation of all permanent laws now in force.  RCW 81.104.100 details the code requirement for high capacity transit system planning.  The relevant excerpted portions of the RCW are as follows:

To assure development of an effective high capacity transportation system, local authorities shall follow the following planning process only if their system plan includes a rail fixed guideway system component or a bus rapid transit component that is planned by a regional transit authority:

 (2) High capacity transportation system planning is the detailed evaluation of a range of high capacity transportation system options, including: Do nothing, low capital, and ranges of higher capital facilities.  High capacity transportation system planning shall proceed as follows:

 (b) Development of options. Options to be studied shall be developed to ensure an appropriate range of technologies and service policies can be evaluated. A do-nothing option and a low capital option that maximizes the current system shall be developed. 

While the RCW clearly requires the planning include evaluating a rail fixed guideway system it also requires evaluating a “do nothing, low capital option that maximizes the current system”.   Clearly the Sound Transit DEIS failed to consider “maximizing the current system” by considering two-way bus only lanes on the I-90 Bridge center roadway as an option.  If Sound Transit did comply with the RCW regarding East Link they need to provide the results.  

There’s also no evidence Sound Transit ever considered BRT on restricted access lanes as a “low capital high capacity transit option” along the I-5 corridor.  Again compliance with the RCW would “presumably” require they provide one if they have.

The bottom line is Sound Transit has, as yet, failed to comply with the RCW planning requirements for the light rail spine extensions along the I-5 and I-90 corridors.  It’s unlikely any attempts to comply will ever succeed in justifying light rail for those roadways.  Especially in view of the limitations imposed by the Downtown Seattle Transit Tunnel.  

The irony is, their proposed ST3 light rail extensions to West Seattle and Ballard are the only ones that could comply yet they wait until 2030 and 2035 to provide them.  The failure to comply is just another reason for the Mercer Island and Bellevue City Councils to rescind the permits allowing Sound Transit to proceed.  The entire area would benefit not only from BRT on I-90 but also along I-5 corridor.





Thursday, January 12, 2017

Sound Transit Expert Review Panel "Failure"

The Expert Review Panel (ERP) was formed in response to Washington State law requiring an expert review panel provide an independent technical review of a high-capacity system plan that will be funded in whole or in part by local option voter approved measures.  The October 27th Sound Transit Board Meeting summary minutes included the following statement from CEO Rogoff concerning the ERP ST3 review.

Sound Transit received the final ST3 Expert Review Panel (ERP) letter which signals the completion of the technical work required for ST3.  The ERP held five meetings and worked with staff for 18 months.  The panel concluded that Sound Transit has included in the ST3 plan all the elements required by state law for a high capacity system plan.  The elements include the level and type of transportation services, route alignment and station locations, performance characteristics, and social, economic, and environmental impacts”.

The ERP Sept 26, 2016 final report included the following item in the “Summary of Findings”.

Sound Transit identified high-capacity transportation system options and studied an appropriate range of services and technologies.

Sound Transit did so presumably in response to the following from RCW 81.104.100(2)(b):

              High-capacity transportation system planning shall include a study of options to ensure that an appropriate range of technologies and services are evaluated. The law requires the study of a do-nothing option and a low capital cost option, along with higher capital options that consider use of different technologies.

The ERP reported Sound Transit had used a multi-step process to consider these options.  Yet, the Sound Transit 2008 East Link DEIS failed to consider two-way BRT on the I-90 Bridge as a “do-nothing or low-capital cost option” for the I-90 corridor.  There’s also very little indication Sound Transit ever considered BRT along limited-access lanes as an HCT option for the I-5 corridor.  Yet the ERP concludes:

 Sound Transit has met its requirements for developing options.

The ERP also concludes:

ST3 proposes improvements that add major new capacity in the region’s most congested corridors to help serve the transportation demands of people and businesses here today as well as the more than 800,000 new residents anticipated in the next 25 years.”

Yet the Puget Sound Regional Council (PSRC), one of the “major partner agencies during the course of its meetings” concluded in a Sept 2004, "High Capacity Corridor Assessment" that light rail through the Downtown Seattle Transit Tunnel was limited to 8880 riders per hour in each direction.  Thus, the light rail spine will never have the needed capacity. 

The ERP ST3 Benefit-Cost analysis concludes:

The ST3 benefit-cost analysis reports that over half of the benefits accrue to the transit users and also a high proportion of benefits accrue to highway users. Four percent is due to improved highway travel-time reliability.

It’s “debatable” whether a 4 percent benefit due to "improved highway travel-time reliability" constitutes a “high proportion of benefits for highway users” for a $54B, 25-year transportation project. 

ERP estimates for ST3 extension operating costs per rider for ST3 transit operations range from $13.56 to $17.13. The estimated cost per new rider for ST3 capital expenditures ranges from $38.83 to $49.05.  The range depends on the number of riders and both are about 4 times current levels.  Both of those numbers could increase dramatically unless Sound Transit adds parking with bus connections to light rail stations to provide access. (Both are also reasons for Sound Transit to use ST3 to expedite West Seattle and Ballard light rail extensions rather than light rail spine)


The bottom line is Rogoff can claim the ERP concluded,  Sound Transit has met its requirements for the required elements of a high- capacity transportation system plan”.   However, the ERP definition of “what’s required” does little to ease the area’s congestion problem.  Its failure to provide a competent "independent review" is surely reason to require a competent independent audit before Sound Transit is allowed to proceed.

Sunday, January 8, 2017

South Bellevue P&R Closure only the Beginning

The January 6th Bellevue Reporter front page article “Sound Transit’s South Bellevue parking mitigation plan could displace commuters” is the latest example of what happens when the Bellevue and Mercer Island councils quietly acquiesce to Sound Transit plans for East Link.  It began more than 8 years ago with Sound Transit DEIS claims East Link was the equivalent of up to 10 lanes of freeway that would increase cross-lake transit capacity by up to 60%.  The reality is when East Link begins operation it will have about half the current transit capacity available from buses.  

The DEIS also claimed cross-lake transit times for vehicles would be reduced or remain similar with East Link.   A 2004 FHWA ROD concluded the center roadways were still needed for vehicles after Sound Transit added the 4th lanes for HOV (R8-A) on outer roadway.  Sound Transit refuses to conduct the tests needed to refute the FHWA concern.

The South Bellevue P&R closure is just the first of Sound Transit East Link actions that will change forever the lives of  those who use the I-90 Bridge for their cross-lake commutes. The P&R has nominally 519 spaces but commuters use parking around the periphery for an additional 200 spaces, all of which are full by 7:30 AM.  During the peak commute an ST550 bus stops to pick up riders every 5 minutes.  The P&R also provides access to ST555, ST556 and ST560.  It, along with the East Gate P&R provide the major access to transit for I-90 corridor commuters; the ST550 route having more riders than any other ST route.

Typical of Sound Transit, their February 9, 2015 presentation to the Bellevue City Council claimed the closure was needed in March of 2016, not for staging construction equipment, but to begin the new P&R.  (They could have planned to continue to use the  area along SE Eastgate Way near Seattle Humane Society facility.)  Anyone who viewed the presentation would have concluded they didn’t have a clue as to how to accommodate those commuters. 

Their preferred alternative “existing P&R” was for I-90 commuters to drive to South Kirkland P&R.  Their other general comment was they intended to use multiple small “Satellite P&Rs” to replace South Bellevue.   No mention was made of how they intended to route buses to all of these “Satellite P&Rs” and what that would do to commute times. 

To be fair the council attempted to get some clarification of these “details” with vague promises of response from Sound Transit.   The end result was a ST/BCC East Link MOU, Section 23.0 PERMITTING, PROJECT CERTAINTY, AND MITIGATION where paragraph 23.4 South Bellevue Park-and-Ride Closure, includes the following:

At least 60 days prior to the closure Sound Transit will identify and implement alternate parking and transit access for the commuters who utilize the existing park and ride in consultation with the Transportation Department Director and King County Metro.

Apparently Sound Transit had their own “interpretation” of what that meant,  “leasing 350 total stalls from seven churches in Renton and Bellevue” claiming a “one-to-one” replacement wasn’t required.  (They likely delayed the closure until after the ST3 vote over concern the results would “detract” from voter support.) 

What’s “interesting” is at least according to the article, it wasn’t the Bellevue City Council that objected to Sound Transit’s “interpretation”.  It was a Mercer Island Council member who pointed out none of the proposed replacement parking was on the ST550 bus route.  It’s just another example of the Bellevue council’s obsequious deference to Sound Transit.

The Mercer Island City Council have every right to be concerned that their P&R, being the only one with access to ST550, will be flooded with “off islanders”.  However, their dispute with Sound Transit should go way beyond the South Bellevue P&R closure. They can assure Islander access to parking by requiring Sound Transit offer Islanders the opportunity to buy an assigned parking stall.  Those buying the stall would also get a free transit pass.  Those wanting to ride transit would be assured of parking, while “off-islanders” would have access to whatever parking remained. 

Islander demand for transit parking will likely increase this summer when Sound Transit closes the I-90 Bridge center roadway.  Those wishing to avoid the resulting heavy congestion on bridge outer roadway GP lanes or probable fees on HOT lanes will want access to transit.  Thus additional paid parking, as part of Sound Transit “loss of mobility” compensation, should be available to meet their demand.

The other Mercer Island East Link issue is more problematic.  Their “FAQ on I-90 Access and I-90 Negotiations Updated: 28 December 2016” included the following introduction:

The extension of voter-approved light rail to the Eastside will give Mercer Island residents a fast, frequent and reliable connection to both downtown Seattle and Bellevue, SeaTac Airport, and beyond, without traffic gridlock.

The council still doesn’t recognize while light rail may prove fast, reliable connections to downtown Seattle, SeaTac Airport and beyond, its one 4-car train every 8 minute schedule severely limits capacity.  The lack of capacity will frequently result in full light rail cars before they ever reach the Mercer Island light rail station. Thus, Islanders will still require more parking and buses for cross-lake transit. 


Again, the South Bellevue P&R closure is only the beginning.