[ MUSIC ]
>>> GREETINGS AND WELCOME TO
THE CIVIL RIGHTS ECONOMIC
DEVELOPMENT AND RIGHTS
COMMITTEE.
IT IS MARCH 26 AND IT IS NOW
9:33 A.M.
I'M LISA HERBOLD.
I'M THE CHAIR OF THE COMMITTEE
AND COUNCILMEMBER REPRESENTING
WEST SEATTLE AND SOUTH PARK
DISTRICT ONE.
I'M JOINED BY COUNCILMAN KSHAMA
SAWANT.
TODAY'S AGENDA, WE WILL COVER,
WE ARE BEGIN WITH PUBLIC
COMMENT AND ITEMS OF BUSINESS
FOR THE DAY.
TWO APPOINTMENTS.
ONE APPOINTMENT TO THE SEATTLE
LGBT COMMISSION.
ANOTHER TO THE MUSEUM
DEVELOPMENT AUTHORITY GOVERNING
COUNCIL.
THEN WE WILL HAVE A DISCUSSION,
I THINK PROBABLY OUR THIRD
MEETING TO DATE DISCUSSING A
PROPOSED ORDINANCE RELATING TO
PUBLIC ACCOMMODATIONS.
SPECIFICALLY FOCUSED ON
REQUIRING BUSINESSES THAT ARE
CONSIDERED PUBLIC
ACCOMMODATIONS TO ACTIVATE
CAPTIONS.
AND TO IDENTIFY POTENTIAL
SOLUTIONS TO ADDRESS EVICTION
HARMS IN A PREVIOUS RESOLUTION
THE COUNCIL PASSED AND WE WILL
WRAP THINGS UP WITH A BRIEFING
ON THE SHIP CANAL WATER PULLEY
PROJECT.
SO WITH THAT, WE WILL MOVE
RIGHT INTO PUBLIC COMMENT.
THANK YOU NOEL.
OUR TIME KEEPER.
KEEP AN EYE ON HIM AND THE
CLOCK BEHIND HIM.
WE HAVE TWO MINUTES TO SPEAK,
TSIMERMAN IS FOLLOWED BY JASON
MORRIS.
[ SPEAKING NON-ENGLISH ]
CRIMINAL, KILLER.
FOR MY UNDERSTANDING, YOU HAVE
BROUGHT IN THE CHAMBER FOR 20
YEARS.
LAST FIGHT HERE, YOU NEVER ONE
WORKED FOR STUFF ABOUT AMAZON.
TALK ABOUT STUFF AMAZON.
IT'S ALL EVICTION.
100%.
WE STOP IN AMAZON, WE CHANGE
EVERYTHING.
EVICTION, HOMELESS, BETTER LIFE
FOR POOR PEOPLE.
SO, WHY YOU DOING THIS FOR FIVE
YEARS, I KNOW YOU ALL GO FOR
REELECTION.
AMAZON WANT HIRE ANOTHER 10,000
PEOPLE NOW.
STOP OVER 10,000 PEOPLE.
DOING SOMETHING.
YOU DON'T DO THIS.
YOUYOU VERY QUIET ABOUT
GONZALEZ.
LATE CONSTITUTIONAL LAW OPEN
MEETING FIVE TIMES.
GUYS IT IS VERY UNIQUE
SITUATION.
YOU ASK NOT HER.
WHY YOU QUIET?
CAN YOU EXPLAIN TO ME?
YOU GO FOR ELECTION AGAIN.
WITH WHO?
WITH YOUR FASCIST MENTALITY.
COURTRECOGNIZES, STAND UP
SEATTLE.
STAND UP AMERICA.
WE NEED TO CLEANSE CHAMBERS
FROM THIS DIRTY CROOK AND
CRIMINAL.
THANK YOU VERY MUCH.
>>> OUR NEXT PUBLIC SPEAKER IS
JASON MORRIS.
>> GOOD AFTERNOON COUNCIL AND
APPRECIATE THIS CHANCE TO SPEAK
A LITTLE BIT.
I AM A FIRST PERSON SELF-
ADVOCATE OF PEOPLE WITH
DEVELOPMENTAL DISABILITIES AND
I'M ADVOCATING FOR THE CLOSED
CAPTION ORDINANCE FOR BUSINESS
TO TURN ON THEIR CLOSED
CAPTIONS AND BEING A PERSON
THAT HAS READING AND WRITING
DISORDER, HAVING LEARNED THE
LANGUAGE SEEING CLOSED CAPTIONS
AND HEARING IT ON THE TV REALLY
HELPS.
THAT'S MY PLUG, THANK YOU.
>> THAT'S ALL WE HAVE SIGNED UP
FOR PUBLIC COMMENTS.
IF THERE ARE NO OTHER SPEAKERS
WE WILL MOVE ONTO THE FIRST
ITEM OF BUSINESS.
>>> ITEM ONE IS APPOINTMENT OF
WAYNE AID VAN ADRIAN ROCQUE AS
MEMBER OF SEATTLE LGBTQ
COMMISSION FOR TERM TO APRIL,
2020.
>> THANK YOU NOEL.
GOOD MORNING.
>> GOOD MORNING.
GOOD MORNING COUNCILMEMBERS.
IT'S AN HONOR TO BE HERE WITH
YOU.
>> CAN WE START WITH A QUICK
ROUND OF INTRODUCTIONS.
>> I'M WAYNE, MY PRONOUNS ARE
HE.
>> I'M DIMITRI GROCE.
>> I'M ERIKA PABLO.
I'M GETTING OVER A LITTLE COLD.
I'M A LITTLE CONGESTED.
THE LGBTQ COMMISSION ADVICES
THE MAYOR ON CONCERNS OF THE
LGBTQ COMMUNITY.
WE ARE EXCITED TO PRESENT OUR
WORK PLAN AT THE END OF APRIL.
THAT IS WHAT THEY ARE BUSY
DOING NOW.
THEY DID A RETREAT IN DECEMBER.
>> THANK YOU.
SO WAYNE IS AN APPOINTMENT THAT
HAS BEEN BROUGHT TO US BY THE
COMMISSION ITSELF.
THERE ARE THREE APPOINTNG
AUTHORITIES.
THE MAYOR IS APPOINTING
AUTHORITY OF THE COUNCIL, AN
APPOINTING AUTHORITY.
AIM CORRECT THIS IS A
COMMISSION APPOINTMENT?
>> THIS IS A COUNCIL
APPOINTMENT.
>> THIS IS A COUNCIL
APPOINTMENT.
I'M SO SORRY.
FANTASTIC.
SO, TALK A LITTLE BIT ABOUT
YOURSELF AND WHY YOU ARE
INTERESTED IN SERVING ON THE
COMMISSION.
>> WELL, MY PRIMARY EXPERTISE
AND WORK LIES IN SERVING THE
API COMMUNITY.
AND BECAUSE OF ITS
INTERSECTIONALTY, IT WAS
IMPORTANT FOR ME FROM A YOUNG
AGE TO RECOGNIZE THAT AND SERVE
MY COMMUNITY IN SERVING MORE
LGBTQ ISSUES.
THERE ARE EDUCATIONAL TRAUMAS
IN THE WAY WE APPROACH OUR
YOUNG MINORITIES.
THAT'S PART OF WHAT I DO AT THE
AGENCY I WORK AT.
BUILDING AN INTERSECTION OF
RACE, ORIENTATION.
IT IS A CLASS ISSUE.
ALL OF THESE THINGS GO
TOGETHER.
ALSO RECOGNIZING THAT LGBTQ
ISSUES ARE NOT SPECIFICALLY
LGBTQ ISSUES.
THEY ARE CLASS AND REPRODUCTIVE
RIGHTS AND OTHER THINGS.
BECAUSE THESE THINGS DELVE INTO
THE WORK I DO, IT WAS ONLY
NATURAL I GRAVITATE TOWARD
SERVING ON A COMMISSION SO I
CAN BUILD THAT BRIDGE BETWEEN
THE CITY AND THE CITY PROCESS.
AND ON THE GROUND GRASS ROOTS
AGENCIES THAT ARE WORKING WITH
COMMUNITIES OF COLOR THAT ARE
QUEER.
>> THANK YOU.
TALK A LITTLE BIT ABOUT THE
GRASS ROOTS AGENCIES THAT ARE
WORKING WITH COMMUNITIES OF
COLOR YOU WANT TO SPECIFICALLY
CREATE THAT BRIDGE WITH.
>> SURE.
SO, I WORK FOR ACRS AND IN
PARTNERSHIP WITH PACE.
AND REWA.
THOSE ARE SOME REALLY PIVOTAL
ORGANIZATIONS I WORK FOR.
I ALSO WORK UNDER THE ASIAN
PACIFIC AMERICAN AFFAIRS IN
OLYMPIA.
SO, THOSE ARE SOME OF THE
AGENCIES I WORK AT, I WORK WITH
WHERE LGBTQ APIs LIE.
MY PRIMARY WORK IS CIVIC
ENGAGE.
MENT EVEN IN THOSE FEARS YOU
CAN SEE A GENERAL LACKINGOVER
UNDERSTANDING.
MY CONCERN LIES IN OUTREACH.
THE COMMUNITY IS STILL NOT VERY
FAMILIAR AND IT IS NOT UP TO
US.
IT IS UP TO US TO MEET THE
COMMUNITY WHERE THEY ARE AT.
THAT'S PART OF THE BRIDGE I
WANT TO BUILD.
THERE'S THAT LINK MISSING
BETWEEN UNDERSTANDING THE
INTERSECTION OF SEXUALITY AND
GENDER IDENTITY IN RACIAL
POLITICS HERE.
>> THANK YOU.
COUNCILMEMBER SAWANT?
SOME QUESTIONS?
>> JUST THANK YOU FOR
EXPRESSING A DESIRE TO SERVE ON
THIS COMMISSION.
AS YOU I'M SURE KNOW THE LGBTQ
COMMISSION IS ONE THAT IS
SHOWING A LOT OF LEADERSHIP IN
WHAT THE CITY OF SEATTLE
COMMISSION SHOULD BE DOING.
IN TERMS OF NOT SIMPLY
RESTRICTING THEMSELVES TO WHAT
CITY COUNCIL OR MAYOR'S OFFICE
POLITICIANS WANT THEM TO DO.
BUT REALLY DOING WHAT'S RIGHT.
THAT HAS BEEN VERY EXCITING.
AND, I THINK COUNCILMEMBER
HERBOLD HAS REALLY DONE A LOT
TO ENCOURAGE THAT APPROACH.
ONE THING, I THINK YOU KNOW
THIS PERSON ALREADY.
I BELIEVE HE IS A MEDICAL
STUDENT AT THE UNIVERSITY OF
WASHINGTON WHO IS, AND IF YOU
DON'T KNOW, MY OFFICE WILL GIVE
YOU HIS CONTACT INFORMATION.
I ONLY MENTION HIM BECAUSE HE
IS DOING A LOT OF EXCELLENT
WORK TRYING TO HAVE MORE OF AN
UNDERSTANDING OF LGBTQ ISSUES.
I WAS THINKING THAT WOULD BE A
GOOD CONNECTION FOR YOU BOTH
AND FOR THE COMMISSION AS A
WHOLE.
>> DEFINITELY.
THANK YOU SO MUCH.
I LOVE THAT.
>> AND WE ARE WELCOMED BY
COUNCILMEMBER O'BRIEN.
GOOD TO SEE YOU THIS MORNING.
SO, SOMETIMES I KNOW THAT FOLKS
WHO ARE INTERESTED IN SERVING
ON THE COMMISSION HAVE ATTENDED
A FEW MEETINGS IN THE PAST.
YOU HAVE DONE THAT?
>> YES I HAVE.
>> WELL I HAVE NO FURTHER
QUESTIONS.
I APPRECIATE YOUR WILLINGNESS
TO SERVE AND COMING FORWARD AND
THE EXPERTISE YOU ARE BUILT
THROUGH YOUR WORK AND YOUR
RELATIONSHIPS WITH THE
COMMUNITY TO ASSIST THE
COMMISSION IN FULFILLING ITS
GOALS AND OBJECTIVES.
AND WE WILL BE HAVING THE
COMMISSION HERE IN I THINK
MEETING AFTER NEXT TO TALK
ABOUT THEIR WORK PLAN AS ERIKA
MENTIONED AND HOPEFULLY, WE
WILL SEE YOU AGAIN.
>> ALL RIGHT.
>> BUT IF THERE ARE NO FURTHER
QUESTIONS I WOULD LIKE TO MOVE
THE APPOINTMENT 01275.
>> SECOND.
>> ALL IN FAVOR VOTE AYE.
NONE OPPOSE, NONE ABSTAINING.
THIS WILL MOVE ONTO FULL
COUNCIL MONDAY.
>> THANK YOU VERY MUCH.
THANKS AGAIN.
>>> AGENDA ITEM 2 IS
APPOINTMENT 1267, STEPHANIE
ELLIS-SMITH AS MEMBER, MUSEUM
DEVELOPMENT AUTHOITY GOVERNING
COUNCIL FOR A TERM TO JULY
112021.
>> GOOD MORNING.
>> WELCOME AND THANK YOU
EVERYONE FOR JOINING US.
WE COULD JUST KICK THIS OFF
WITH A QUICK ROUND OF
INTRODUCTIONS.
>> STEPHANIE ELLIS-SMITH.
>> DOUG RAFT.
>> CINDY BOLTTON.
>> KENNY PITTMAN.
>> WANT TO KICK US OFF WITH
THUMBNAIL SKETCH?
>> YES.
THANK YOU MADAME CHAIR.
I WOULD LIKE TO PRESENT TO YOU
FOR STEPHANIE ELLIS-SMITH
FILLING TOUT REMAINDER OF AN
UNEXPIRED TERM.
SHE IS ONE OF THE THREE
APPOINTEES THAT ARE ACTUALLY
APPOINTED BY THE GOVERNING
COUNCIL.
BY THE MAYOR AND THE SEATTLE
ART MUSEUM.
SHE BRINGS AN EXTENSIVE RICH
HISTORY OF WORKING IN THE ARTS
BUILDING IN THE PHILANTHROPIC
AREA.
AND IS HIGHLY RECOMMENDED AND
WE RECOMMEND HER APPOINTMENT.
>> FANTASTIC.
STEPHANIE.
WANT TO TALK A LITTLE BIT ABOUT
YOUR INTEREST IN SERVING ON THE
COMMISSION?
>> SURE.
THANK YOU.
AND THANK YOU FOR HAVING ME.
>> DEVELOPMENT AUTHORITY, NOT
THE COMMISSION.
>> THAT'S RIGHT.
MUSEUM DEVELOPMENT AUTHORITY.
AS WAS INTRODUCED, I HAVE
WORKED IN THE ARTS AND CULTURAL
FIELD IN SEATTLE ACROSS THE
STATE THE PAST 20 PLUS YEARS.
I'M A SCIENTIST BY TRADING.
BUT, I ENDED UP MOVING AND
WORKING WITH JACOB LAWRENCE AND
HIS WIFE GWYNN LAWRENCE.
I RUN FOR ARTS AND IDEAS.
AFRICAN-AMERICAN BASED
HUMANITIES AND CULTURAL
PROGRAMMING ORGANIZATION THAT
IS STILL GOING IN ITS 20th
YEAR.
I HAVE SERVED ON THE STATE ARTS
COMMISSION APPOINTED BY
GOVERNOR GARY LOCKE.
THE SEATTLE ARTS COMMISSION
APPOINTED BY THE MAYOR AT THE
TIME OF COURSE.
I'M BLANKING OUT ON THAT.
AND JUST BEEN AROUND.
I HAVE BEEN ON THE BOARD AND
BOARD CHAIR OF ARTIST TRUSTS IN
ANUMBER OF OTHER ORGANIZATIONS
AND COUNCILS IN ADVISING IN
ROLES AND CAPACITIES.
>> THANK YOU.
YOU DEFINITELY HAVE A WEALTH OF
EXPERIENCE.
AND, I'M ACTUALLY SURPRISED IT
HAS TAKEN YOU TOO LONG TO GET
T THIS PARTICULAR BODY BECAUSE
OF THAT DEPTH OF EXPERIENCE.
CHAIR RAFT, DO YOU WANT TO TALK
A LITTLE BIT ABOUT ALL OF THE
OBVIOUS REASONS YOU HAVE PUT
FORTH STEPHANIE?
>> SHE IS AN EXCELLENT NOMINEE.
IT TOOK US A YEAR TO FIND
SOMEBODY WITH HER EXCELLENT
BACKGROUND.
WE, YOU KNOW, WE HAVE VERY
LITTLE TO DO UNLESS THE MUSEUM
IS BUILDING AND BUILDING OR
REISSUING BOND ISSUES BUT WE
NEED NEED WHO UNDERSTAND
ECONOMICS AND PUBLIC SUPPORT.
AND REAL ESTATE.
SHE HAS THE RIGHT KIND OF
BACKGROUND AND WE ARE VERY
PLEASED TO HAVE HER, IT TOOK US
A YEAR TO FIND HER.
>> WELL I'M GLAD THAT HAS
OCCURRED.
AND, THAT YOU HAVE FOUND EACH
OTHER.
STEPHANIE, I HAVE SO MUCH
ADMIRATION FOR THE WORK THAT
YOU DO.
AND AGAIN, THE DEPTH AND
BREADTH OF YOUR ENGAGE.
IN THE COMMUNITY AROUND ARTS
ISSUES.
ABSOLUTELY.
FOLKS HAVE ANY QUESTIONS?
>> JUST A SECOND.
YOU SAID COUNCILMEMBER,
HERBOLD.
THANKS FOR YOUR CIVIC
COMMITMENT TO THE CITY FOR
MAKING THIS WORK.
IT IS CLEAR THAT YOU HAVE BEEN
COMMITTED FOR YEARS IN THIS.
SO THANK YOU FOR YOUR
WILLINGNESS TO SERVE.
>> THANK YOU VERY MUCH.
>> ANYTHING FURTHER TO ADD?
OKAY.
WELL, WITH THAT, IF THERE ARE
NO FURTHER QUESTIONS, I WILL
MOVE APPOINTMENT 01267.
ALL IN FAVOR VOTE AYE.
NONE OPPOSED, NONE ABSTAINING.
THIS WILL MOVE ONTO FULL
COUNCIL MONDAY.
CONNED CONGRATULATELATIONS.
>> THANK YOU.
>> THANK YOU FOR HAVING ME.
>>> ITEM 3 IS COUNCIL BILL
119478.
AN ORDINANCE RELATING TO PUBLIC
ACCOMMODATIONS REQUIRING
PERSONS OWNING OR MANAGING A
PLACE OF PUBLIC ACCOMMODATIONS
TO ACTIVATE CLOSED CAPTIONING
ON TELEVISION RECEIVERS.
AND ADDING A NEW CHAPTER, 14.05
TO THE SEATTLE MUNICIPAL CODE.
>>> GREETINGS AND WELCOME.
I APPRECIATE YOUR JOINING US.
INTRODUCTIONS PLEASE?
>> YES.
MY NAME IS ERIC SHRIER AND I'M
THE COCHAIR OF THE COMMITTEE
FOR PEOPLE WITH DISABILITIES.
>> ASHA VENKATARAMAN, COUNCIL
CENTRAL STAFF.
>> THANK YOU ASHA.
DO YOU CARE TO KICK US OFF?
>> ABSOLUTELY.
SO, WE HAVE DISCUSSED THE
PREMISE FOR COUNCIL BILL 119487
IN PREVIOUS COMMITTEE MEETINGS
BACK IN JANUARY.
ERIC PROVIDED A LOT OF
BACKGROUND IN OTHER CITIES THAT
HAVE MANDATED CLOSED CAPTIONS
IN TELEVISIONS AND THE REASONS
FOR THAT AND WHO THAT BENEFITS.
A FEW WEEKS AGO, WE DISCUSSED A
DRAF VERSION OF THE BILL.
THE BILL IN FRONT OF YOU TODAY
IS PRIMARILY THE SAME BILL WITH
SOME VERY SMALL MINOR CHANGES.
WHAT THE BILL DOES IS REQUIRE
ANY TELEVISION RECEIVER IN A
PUBLIC AREA OF A PLACE OF
PUBLIC ACCOMMODATIONS MUST HAVE
ITS CLOSED CAPTIONING TURNED ON
BY THE OWNER OR THE MANAGER OF
THAT PLACE.
DURING REGULAR HOURS.
AND SO, ALL OF THOSE TERMS,
PLACE OF PUBLIC ACCOMMODATION.
PUBLIC AREA AND REGULAR HOURS
ARE DEFINED IN THE BILL.
AND THE ONLY EXCEPTIONS IS IF
THERE IS NO TELEVISION IN THAT
PUBLIC AREA OR THE TELEVISION
ITSELF IS TECHNICALLY INCAPABLE
OF SHOWING CLOSED CAPTIONS.
ENFORCEMENT, BEFORE I GET TO
ENFORCEMENT.
THE BILL INCLUDES TECH
TECHNICAL STANDARDS.
BLACK BACKGROUND, TEXT SIZE OF
24, SPECIFIC FONT, AND WHITE
TEXT COLOR.
>> JUST A LITTLE BIT OF
BACKGROUND FOR THE VIEWING
PUBLIC WHO THIS ISSUE MIGHT BE
NEW TO SOME FOLKS, IS THAT, IN
2002, THE FCC, ACTUALLY ADOPTED
REQUIREMENTS FOR DIGITAL
TELEVISION RECEIVERS THAT THEY
HAVE TO INCLUDE THE ABILITY TO
TURN ON CLOSED CAPTIONINGS.
THEN IN 2010, THERE WAS A
SIMILAR REQUIREMENT FOR SPANISH
LANGUAGE PROGRAMMING.
SO BEFORE THE SEATTLE
COMMISSION FOR PEOPLE WITH
DISABILITIES BROUGHT THIS ISSUE
TO ME, I WAS UNAWARE THAT ALL
MODERN TELEVISIONS HAD THIS
CAPABILITY.
AND SO I THINK THAT IS REALLY
AN IMPORTANT FOUNDATIONAL PART
OF THIS BILL.
THIS IS JUST SIMPLY REQUIRING
FOLKS WHO ARE IN PLACES OF A
PUBLIC ACCOMMODATION TO TURN
SOMETHING ON THAT ALREADY
EXISTS.
I ALSO WANT TO RECOGNIZE THAT
THE COMMISSION ADOPTED A
RESOLUTION IN NOVEMBER, 2018
SUPPORTING THE DEVELOPMENT OF
THIS ORDINANCE.
AND, AS COUNCILMEMBER SAWANT
MENTIONED EARLIER, WE REALLY
RELY ON THE COMMISSIONS TO
IDENTIFY PRIORITY ISSUES AND
BRING THEM TO THE COUNCIL TO
WORK ON.
THANK YOU FOR ALLOWING ME TO DO
THAT SEGWAY.
SORRY FOR INTERRUPTING.
>> IT'S YOUR COMMITTEE.
SO, IN TERMS OF ENFORCEMENT.
THE OFFICE OF CIVIL RIGHTS WILL
BE ENFORCING THIS LAW.
THE INTENTION IS ENFORCEMENT
WILL BEGIN 180 DAYS AFTER
PASSAGE OF THE BILL TO ALLOW
TIME FOR EDUCATION, TECHNICAL
ASSISTANCE AND OUTREACH TO
PERSONS WHOM THIS ORDINANCE
WOULD APPLY.
IF ENFORCEMENT MODEL IS
ESSENTIALLY ONE THAT WOULD
ALLOW AN ADVISORY LETTER TO
SOMEBODY TO NOTIFY THEM THEY
MAY HAVE A VIOLATION AND ALLOW
THEM TO COMPLY WITH THE LAW.
WITHIN 30 DAYS ESSENTIALLY,
THAT PERSON WOULD SUBMIT A
RESPONSE EXPLAINS HOW THEY
DEALT WITH THE VIOLATION OR
DISCUSSED WHY, DISPUTED THE
PRESENCE OF THE VIOLATION AT
ALL.
AT THAT POINT, THE PROCESS CAN
MOVE FORWARD.
IF THE PERSON WANTS TO APPEAL,
THEY MAY DO SO.
PENALTIES UP TO $125 FOR THE
FIRST TIME THERE'S A VIOLATION
AND UP TO $300 FOR SUBSEQUENT
VIOLATIONS.
AT THE HEARING EXAMINER'S
STAGE, THEY MAY CONSIDER A
VARIETY OF FACTORS ABOUT WHAT
THE CIVIL PENALTY SHOULD BE.
IN TERMS OF THE ABILITY TO
ENFORCE THIS ORDINANCE, THERE
MAY BE A NEED FOR FURTHER STAFF
DEPENDING ON HOW COMPLIANCE
GOES OVER THIS FIRST YEAR.
IF THERE IS FURTHER NEED FOR
INTENTION TECHNICAL ASSISTANCE,
FOR THOSE BUSINESSES THAT
REQUIRE IT AS WELL AS JUST
GENERAL SORT OF COMPLIANCE FOR
THE GENERAL BUSINESS COMMUNITY,
BECAUSE SOME OF THIS WAS BASED
ON HOW THE ALL GENDER RESTROOM
BILL WENT, THERE TURNED OUT TO
BE A NEED FOR STAFF TIME TO DO
A LOT OF TECHNICAL ASSISTANCE
WITH THAT.
THE SAME MAY BE TRUE HERE.
AND THE OTHER PIECE IS THIS MAY
COST ABOUT 25 TO $50,000 FOR
OUTREACH AND EDUCATION AND IT
IS NOT CLEAR IF THE BUDGET CAN
SUPPORT THAT SO THAT MIGHT BE
AN ADDITIONAL NEED.
>> JUST TO UNDERSCORE, THIS
ORDINANCE IS DRAFTED IN SUCH A
WAY THAT ENFORCEMENT ITSELF
DOES NOT BEGIN FOR 180 DAYS
AFTER PASSAGE.
AGAIN, THAT IS INTENDED TO GIVE
THEM THE ABILITY TO ENGAGE WITH
THE BUSINESS COMMUNITY ABOUT THE
EXPECTATIONS.
WITH THE DESIRED RESULT OF NOT
HAVING TO DO A LOT OF
ENFORCEMENT LIKE WE HAVE SEEN
WITH THE ROLLOUT OF THE ALL
GENDER RESTROOM ORDINANCE.
>> I JUST NOTE A LOT OF THE
TIME IT IS ENFORCEMENT THAT HAS
TO DO THE OUTREACH SO EVEN IN
THE 180 DAYS BEFORE
ENFORCEMENT, THE STAFF MAY HAVE
TO DO THAT EDUCATION.
>> OF COURSE.
YES.
SO, THIS BILL, MAYBE WE COULD
TURN IT OVER TO ERIC A LITTLE
BIT.
IT IS MODELED ON SOME OTHER
ORDINANCES AND RESEARCH THAT
ERIC HAS DONE.
THERE IS A SIMILAR LAW IN
PORTLAND.
ANOTHER IN ANN ARBOR, MICHIGAN.
AND YET ANOTHER IN PATUCKET, IS
THAT MASSACHUSETTS?
>> RHODE ISLAND.
>> RHODE ISLAND, OKAY.
AND I THINK ERIC DID A LOT OF
RESEARCH ON THIS ISSUE AND AS
HAS BEEN MENTIONED, THIS IS NOT
JUST DESIGNED TO HELP FOLKS WHO
HAVE HEARING LOSS, BUT IT CAN
HELP OTHER PEOPLE AS WELL.
AS IT RELATES TO HEARING LOSS,
ONE IN FIVE AMERICANS HAVE SOME
TYPE OF HEARING LOSS THAT
AFFECTS THEIR ABILITY TO
COMMUNICATE AND RECEIVE
INFORMATION.
WELL ERIC, DO YOU WANT TO SHARE
WITH US A LITTLE BIT OF WHAT
LED YOU TO MAKE RECOMMENDATIONS
THAT MIGHT DIFFER FROM SOME OF
THE OTHER BILLS YOU LOOKED AT?
>> WELL THIS BILL IS PROBABLY
THE BEST DESIGN MODEL THAT I
HAVE WITHOUT THE LOOPHOLES.
THE MAIN PROBLEM I RESEARCH AS
FAR AS THE COMMUNITY GOES IS
THAT MANY BUSINESSES TURN --
THE CAPTIONS ARE EXTREMELY
SMALL.
OR IT IS VERY -- IT IS VERY
HARD TO READ THE ACTUAL
CAPTIONS AND SOMETIMES THEY
DISAPPEAR, THEY BLEND IN WITH
THE CLOTHING.
THERE'S A LOT OF TECHNICAL
ISSUES THAT BUSINESSES COMPLAIN
ABOUT.
SOME BUSINESSES ASK TO CHANGE
THE BACKGROUND SO IT IS MORE
VISIBLE.
IT IS IMPORTANT TO HAVE THE
CAPTIONS ON SO I WOULD LIKE TO
ADD THE CAPTIONS, THE TECHNICAL
MODEL FOR THE SPECIFIC SPECS.
THE BACKGROUND COLOR, THE SIZE
OF THE FONT, AND THE KIND OF
FONT AS WELL.
IN ADDITION TO THAT, THE TEXT
COLOR.
WHITE MATCHES WITH ANY KIND OF
VISUAL KIND OF PROBLEM.
IT HAS TO CONTRAST.
THERE'S LITTLE TECHNICAL
DETAILS I WOULD LIKE TO
ACCOMMODATE SO ALL PEOPLE WITH
DISABILITIES, NOT JUST LIMITED
TO PEOPLE HARD OF HEARING BUT
PEOPLE WITH COGNITIVE
DISABILITIES IN ADDITION TO
THAT, PEOPLE MOVING HERE FROM
OTHER COUNTRIES LEARNING
ENGLISH AS A SECOND LANGUAGE IN
THE FIRST PLACE, THAT CAN HELP
THEM AS WELL.
AND YOU ALL HEARING PEOPLE
SOMETIMES EVEN HAVE A HARD TIME
HEARING THE TV AND THOSE
CAPTIONS CAN HELP HEARING
PEOPLE AS WELL TO FILTER OUT
DIFFERENT ACCENTS.
BETWEEN CHARACTERS, REPORTERS
ON THE NEWS.
IT CAN HELP WITH UNDERSTANDING
BETTER CLARITY WITH NAME
PRONOUNSLATION.
BRAND NAMES, THERE'S A HUGE
SPECTRUM OF DIFFERENT THINGS OR
HOW IT CAN HELP WITH
EVERYTHING.
THAT'S SOMETHING I WANTED TO
ADD TO THIS BILL.
THAT IS BASED ON MY OWN
PERSOAL EXPERIENCE
COMMUNICATING WITH THE GENERAL
PUBLIC AS A WHOLE.
AND APPROACHING THOSE ISSUES
WITH THE CITY AND THE STATE OF
MARYLAND.
>> THANK YOU.
>>> SO, I THINK ONE OF THE,
AGAIN, THE PRINCIPLES OF THIS
BILL THAT SHOULD BE RECOGNIZED
IS THAT THERE IS AN OBLIGATION
UNDER THE ADA IN PLACES OF
PUBLIC ACCOMMODATION TO MAKE
WHAT'S CALLED A REASONABLE
ACCOMMODATION.
BUT MUCH OF THAT, MUCH OF THE
IMPLEMENTATION IS RELIANT ON A
INDIVIDUAL TO MAKE A REQUEST.
THAT PUTS IT ON THE PERSON WITH
THE DISABILITY TO MAKE THE
REQUEST.
WHAT THIS BILL ATTEMPTS TO DO
IS RECOGNIZE THAT MAKING THAT
REQUEST CAN BE DIFFICULT OR
EMBARRASSING AND IT SHOULD BE
ON US ADDRESSING THE STRUCTURAL
ISSUES INHERENT IN PLACES OF
PUBLIC ACCOMMODATION NALOXONE
CREATE THOSE BARRIERS.
AND OUR WORK TO TRY TO REMOVE
THEM.
SO I MENTIONED THAT AS PART OF
THE CONTEXT FOR WHAT I HOPE WE
CAN JUST DO A LITTLE BIT OF A
DISCUSSION AROUND SOME OF THE
FEEDBACK THAT WE HAVE RECEIVED
FROM MEMBERS OF THE BUSINESS
COMMUNITY I REACHED OUT TO, TO
ASK FOR THEIR INPUT.
THERE ARE A NUMBER OF REQUESTS
THAT HAVE BEEN MADE FOR
CHANGING TO THE BILL AND I
THINK SOME OF THOSE THINGS
MERIT CONSIDERATION.
AND SOME I THINK MIGHT RUN
COUNTER TO THE GOALS OF THE
BILL.
AND OTHERS MIGHT JUST BE
NECESSARY BECAUSE OF MY
UNDERSTANDING OF THE
TECHNOLOGY.
SO IF WE COULD PERHAPS GO
THROUGH SOME OF WHAT WE HEARD
AND HAVE A LITTLE CONVERSATION
ABOUT THEM.
THE FIRST ISSUE THAT I HEARD IS
THAT SOME PROGRAMMING, IT'S NOT
THE ISSUE OF THE TELEVISION NOT
HAVING THE ABILITY TO TURN ON
THE CAPTIONS BUT SOME
PROGRAMMING DOES NOT HAVE
CLOSED CAPTIONING AS PART OF
THE -- BASICALLY, THE SOFTWARE.
IS IT SOFTWARE?
I'M NOT SURE OF THE TECHNICAL.
IT IS JUST NOT EMBEDDED SO I
CAN'T BE TURNED ON.
>> I WOULD LIKE TO ADD
SOMETHING AS WELL.
IN ADDITION TO THAT.
THE ADA LAW REQUIRES CAPTIONS
OF ALL TELEVISIONS THAT HAVE
THE CAPABILITY AND THAT
SPECIFIC LANGUAGE IS THE CHIP.
IT HAS A SPECIFIC KIND OF CHIP.
ANY TV THAT HAS THAT INSTALLED.
THAT HAS BEEN GOING ON SINCE
1990.
ANY TELEVISION WITHIN 13 INCHES
OR WIDER HAVE THE CHIP.
AND THE CAPABILITY TO TURN ON
CLOSED CAPTIONING.
>> THE ISSUE I'M RAISING RIGHT
NOW IS NOT RELATED TO THE
TELEVISION.
BUT RELATED TO THE PROGRAMMING.
SO SOME PROGRAMS DON'T HAVE THE
CLOSED CAPTION EMBEDDED INTO
THE PROGRAMMING ITSELF.
>> I JUST NOTE SPECIFICALLY IN
THIS BILL, THIS IS A PROVISION
IN THE END THAT SAYS THIS
DOESN'T SUPERSEDE ANY STATE OR
FEDERAL LAW.
TO THE EXTENT THERE ARE PROGRAM
THAT'S DON'T HAVE CLOSED
CAPTION BECAUSE THEY ARE NOT
REQUIRED TO BECAUSE THEY ARE
SUBJECT TO EXEMPTION, THIS BILL
WOULD NOT PENALIZE SOMEBODY FOR
HAVING CLOSED CAPTIONS TURNED
ON THE TV.
BUT IF THEY LITERALLY DON'T
SHOW UP ON THE PROGRAM, THEY
WILL NOT BE HELD VIABLE FOR
THAT.
>> SO, THE ISSUE ISN'T TURN ON
THE CLOSED CAPTION.
IT IS JUST SIMPLY AN ISSUE THAT
THE CAPTIONS ARE ON.
BUT AT SOME INSTANCES, NOTHING
WILL BE SHOWING BECAUSE THE
PROGRAM DOESN'T ALLOW FOR IT.
>> RIGHT.
SO, IF THAT WERE TO BE REPORTED
TO THE OFFICE OF CIVIL RIGHTS,
THAT WOULD BE THE DISCUSSION
THAT HAPPENS WHEN THE PERSON
WAS TO SEND BACK A WRITTEN
RESPONSE.
IT ESSENTIALLY SAYS THIS IS THE
PROGRAM WE WERE WATCHING.
IT DOESN'T HAVE ANY CLOSED
CAPTIONS.
WE HAVE THE TV TURNED ON AND
THERE WERE CLOSED CAPTIONS ON
THE PROGRAM ON BOTH SIDES OF
THAT.
SO IT WOULD BE JUST A MATTER OF
FIGURING OUT FOR OCR WHAT THAT
COMPLIANCE LOOKED LIKE.
>> UNTIL RECENTLY, SEATTLE
CHANNEL DIDN'T PROVIDE CLOSED
CAPTIONING.
IT IS GREAT THAT WE ARE
BENEFITING FROM CLOSED
CAPTIONING HAPPENING NOW,
SEATTLE CHANNEL.
THAT WAS A GREAT STEP.
THAT WOULDN'T BE ON THE TV
OWNER'S RESPONSIBILITY AT THAT
POINT.
>> JUST TO ADD TO THAT, MY
ISSUE IS MORE AND MORE
PROGRAMMING NOW DOES CARRY
CLOSED CAPTIONING.
JUST REGULAR PROGRAMMING,
ENTERTAINMENT PROGRAMMING.
BUT OCCASIONALLY YOU RUN INTO
IF THE MOVIE WAS MADE IN THE
60s OR THE 70s IT WON'T BE
PROVIDED.
I WAS JUST WATCHING THE 26th
CHAMBER OF SHAOLIN BECAUSE I
WATCHED IT AS A KID AND IT
DIDN'T HAVE CLOSED CAPTIONING
AND I WANTED IT TO HAVE, BUT IT
DIDN'T.
I ONLY MENTION IT BECAUSE IT IS
A RARE OCCURRENCE AND MOST
PROGRAMMING I THINK IS CAPABLE
OF HAVING.
IT'S A QUESTION OF TURNING IT
ON.
>> IT IS SO FUNNY.
SOME PERSONAL EXPERIENCE
GROWING UP WATCHING.
I LOVE LUCY.
AND THE CAPTIONS IN THE 60s ,
THERE WERE NO CAPTIONS BACK
THEN.
IN THE 60s AND 70s WITH I
LOVE LUCY WATCHING THAT.
SO ONCE THERE WERE CAPTIONS I
THOUGHT OH MY GOD, SHE SAID
THOSE WORDS?
I DIDN'T REALIZE THAT.
THE ACTING MATCHED SOME OF THE
WORDS SO I UNDERSTOOD THE STORY
MUCH BETTER.
>> ONE OF THE OTHER ISSUES THAT
HAS BEEN RAISED IS THE ISSUE OF
SPORTS PROGRAMMING.
AND, THE CONCERN THAT THE
CAPTIONS FOR SPORTS PROGRAMMING
WILL INTERFERE WITH THE ALL
IMPORTANT TICKER THAT CAN SHOW
THE SCORE AND ALSO DISPLAY
OTHER INFORMATION ABOUT THE
GAME THAT IS PLAYING AT THE
TIME.
AND YOU KNOW, HOW AVID SPORTS
FANS DON'T LIKE TO RELY ON THE
REPLAYS.
BUT THEY ARE THERE FOR
INSTANCES WHERE YOU MIGHT MISS
SOMETHING IN THE LIVE ACTION.
BUT, THIS IS SOMETHING THAT
AGAIN I LEARNED A LOT.
ABOUT HOW CLOSED CAPTIONING
INTERACTS WITH OTHER TEXTS ON
THE SCREEN.
ERIC, CAN YOU TELL US A LITTLE
BIT ABOUT THAT?
>> YES.
WITH THE NEW TECHNOLOGY
AVAILABLE IN THE CURRENT DAY
AND AGE, IT ALLOWS THE CAPTIONS
TO ACTUALLY MOVE AROUND AND
ADJUST ON THE SCREEN SO THEY
DON'T INTERFERE WITH THE TICKER
SPECIFICALLY.
THERE ARE SEVERAL FEATURES THAT
MAKE THE TV ITSELF MOVE THE
CAPTIONS AROUND AND SOMETIMES
THEY CAN BE LOWER.
IT DEPENDS ON THE MANUFACTURER
OF THE TV WHEN THEY SET UP
THOSE CAPTIONS.
SO IT IS IMPROVING OVER TIME..
CAPTIONS, RESTAURANTS, THERE
ARE SO MANY PEOPLE THAT RELY ON
CAPTIONS THAT CAN'T GO OUT
BECAUSE THEY DON'T HAVE ACCESS
TO THAT ON A RESTAURANT OR A
BAR ENVIRONMENT.
SO THEY FEEL THERE IS NO ACCESS
TO EQUAL INFORMATION.
SO THEY STAY AT HOME FOR THE
BASEBALL GAME, THE FOOTBALL
GAME.
THEY HAVE CAPTIONS AT HOME.
BUT IT REALLY INCREASES
PATRONAGE WHEN THERE ARE
CAPTIONS AVAILABLE IN THE BARS
AND RESTAURANTS AND IT HELPS
THE BUSINESSES THEMSELVES.
>> THERE IS A BUSINESS CASE TO
BE MADE FOR CREATING AN
ATMOSPHERE THAT INCREASES A
CUSTOMER BASE.
WHAT I'M HEARING YOU SAY IS
THAT NOT ALL TELEVISIONS HAVE
THE CAPTIONS, THE CAPTION
CAPABILITY TO MOVE AROUND, BUT
SOME DO.
IS THAT CORRECT?
>> SO ALL DIFFERENT TELEVISION
COMPANIES HAVE THE FOUNDATION
OF CAPTIONS IN THE PROGRAM.
AS FAR AS SPORTS GOES, THE
COMPANIES HAVE THE CAPABILITY
TO MOVE THOSE CAPTIONS AROUND
TO AVOID BLOCKING THE TICKER
ITSELF.
MY FAVORITE TV CHANNEL IS CNN.
SOMETIMES THERE IS BREAK NEWS
AND IT WILL MOVE UP.
IT ALL HAS TO DO WITH THE
PROGRAMMING OF THE WORK.
>> ASHA,ING IN TO ADD THERE?
>> NOPE.
I THINK YOU COVERED IT.
>> OKAY.
OTHER REQUESTS FROM THE STAKE
HOLDERS THAT WE HAVE BEEN ASKED
TO CONSIDER IS ALLOW FOR A
FIXED PERCENTAGE OF TELEVISION
SPECIFICALLY, IN A TELEVISION
SHOWROOM TO HAVE THE CAPTIONS
TURNED OFF.
>> SO, THE SHOWROOM MEANING
LIKE YOU GO INTO THE VIDEO
STORE?
>> RIGHT.
RIGHT.
A TELEVISION SHOWROOM.
A PLACE THEY ARE SELLING
TELEVISIONS.
>> THEY STILL HAVE THOSE?
>> BEST BUY, THERE YOU GO.
CAN YOU SPEAK TO THAT NOTION
AND WHY THAT MIGHT RUN CONTRARY
TO THE GOALS OF THIS BILL?
>> OUT OF MY PERSONAL
EXPERIENCE RELATE TODAY THAT
SITUATION, I HAVE MANY PEOPLE
THAT HAVE ENTERED BEST BUY AND
LOOKED AT THE NEW HGTVs , THE
4K BROWSING AROUND.
AND THEY DON'T HAVE CAPTIONS SO
A LOT OF THE STAFF DON'T EVEN
KNOW HOW TO TURN THEM ON ONCE
REQUESTED TO AND THEY HAVE TO
GET A MANAGER AND IT'S A WHOLE
FIASCO.
THE REASON YOU CAN SEE WHICH
CAPTIONS WORK FOR THAT SPECIFIC
KIND OF PERSON.
WHICH BRAND NAMES ARE MORE
ACCESSIBLE TO THAT COMMUNITY.
SO IT IS VERY HELPFUL TO FIND
THE CORRECT ONE AND HAVING IT,
SOMETIMES THE LOOP ITSELF, ALL
THE TVS IN BEST BUY HAVE THE
SAME KIND OF SCREEN AT THE SAME
TIME.
MAYBE HAVING 20 MINUTES TO TAKE
THE TIME TO LOOK AT HOW
CAPTIONS MATCH THE PERSON AND
JUST LEAVE THAT.
AND MAKE YOUR DECISION.
SO PEOPLE MAKE PURCHASING
DECISIONS BASED ON THE DISPLAY
OF CAPTIONING ON DIFFERENT
TELEVISIONS.
>> YES, CORRECT.
THE QUALITY AS WELL.
AND THE KIND OF PLACEMENT AS
WELL OF THE CAPTIONS.
>> SO, TO EXEMPT SOME TVS WOULD
INTERFERE WITH A PERSON'S
ABILITY TO CHOOSE A TELEVISION
BASED ON THE QUALITY OF
CAPTIONS PROVIDED.
>> YES.
>> IN THE LAST ITEM THAT HAS
BEEN RAISED IS A QUESTION IS
OFTEN TVS IN SPORTS BARS
ALREADY HAVE THE TELEVISION ON
MUTE.
SO, NOBODY HAS THE BENEFIT OF
HEARING WHAT'S ON THE
TELEVISION.
HEARING THE AUDIO.
SO, THE QUESTION IS, IN THOSE
INSTANCES WHERE THE PRACTICE OF
A BUSINESS IS TO HAVE THE
TELEVISION ON MUTE AND NOBODY
GETS THE BENEFIT OF THE AUDIO,
WOULD THAT BE AN ACCEPTABLE
INSTANCE TO NOT HAVE THE CLOSED
CAPTIONING REQUIREMENT?
>> UH -- JUST TO BE A LITTLE
SARCASTIC, YOU KNOW.
WHEN THE TV IS ON MUTE, WHY
CAN'T YOU JUST TURN IT OFF
THEN?
>> THAT HAS BEEN IDENTIFIED AS
A WAY TO ADDRESS THE EARLIER
CONCERNS THAT IF NOBODY IS
LISTENING TO THE TELEVISION,
BUT EVERYONE IS WATCHING IT,
THERE IS A DESIRE TO MAKE SURE
THE CAPTIONS AREN'T INTERFERING
WITH WHAT YOU CAN SEE ON THE
SCREEN.
AND IF NOBODY IS LISTENING,
THEN, IT IS NOT PUTTING ONE
GROUP OF PEOPLE AT A
DISADVANTAGE WITH ANOTHER GROUP
OF PEOPLE.
>> I JUST WANT TO BE CLEAR MANY
DIFFERENT PEOPLE GO DO
RESTAURANTS.
DURING THE RAMS, FOR EXAMPLE.
THE RAMS RESTAURANT.
AND, THERE'S DIFFERENT DISPLAYS
ON THE WALL.
I I THINK THERE'S ABOUT 15 TVS
AND I CAN HEAR WITH MY HEARING
AID SOME OF THE BACKGROUND
NOISE.
BUT ALL THE OTHER CUSTOMERS CAN
HEAR THE TVs IN THE OTHER
ROOM.
AND SO, LISTENING TO THE SOUND
OF THE OTHER TV CAN BE TOO LOUD
AND OVERWHELMING BECAUSE THERE
IS AN ECHO AND OVERLAPPING OF
SOUND AND SO ONE TV THAT FEEDS
THROUGH THE RESTAURANT WATCHING
THE SAME CHANNEL PERHAPS, TO
HAVE FAIR EQUAL ACCESS TO
INFORMATION, SO, HAVING MUTE OR
NOT COMMUTE?
>> I'M NOT SURE I'M
UNDERSTANDING THE ANSWER AS IT
RELATE TO MY QUESTION.
IF THE POLICY OF A BUSINESS IS
TO HAVE ALL OF THE TVS ON MUTE,
THE QUESTION IS, IF NOBODY IN
THE RESTAURANT CAN HEAR THE
AUDIO BECAUSE ALL OF THE TVS
ARE ON MUTE, IS IT ACCEPTABLE
IN THOSE INSTANCES TO NOT HAVE
THE CLOSED CAPTION OPTION TURN
ON?
>> NO.
>> AND IF NOT, CAN YOU EXPLAIN
WHY YOU FEEL THAT WAY?
>> I FEEL THAT ALL PEOPLE HAVE
A RIGHT TO CLOSED CAPTIONING
WHETHER THERE IS SOUND ON OR
OFF.
AS A DEAF CUSTOMER THAT ISN'T
GOING TO KNOW THERE IS SOUND OR
NOT IN THE FIRST PLACE BECAUSE
THEY ARE DEAF OR HARD OF
HEARING.
AND BRINGING A RECORDING
MACHINE TO TRY TO RECORD THE
SOUND AND THEN ASK MY HEARING
FRIEND, CAN YOU HEAR THAT,
GETTING THEM INTO TROUBLE
PERHAPS.
SOME DEAF PEOPLE JUST CAN'T
HEAR THAT.
>> AND THIS IS WHY WE HAVE YOU
AT THE TABLE TO HELP US THINK
THROUGH THESE INSTANCES THAT AS
A HEARING PERSON THEY ARE NOT
MY EXPERIENCES SO I REALLY
APPRECIATE YOUR ENGAGEMENT AND
SHARING THOSE EXPERIENCES TO
HELP US BUILD THIS POLICY.
THANK YOU.
>> AND I WOULD LIKE TO THANK
YOU ALL SO MUCH FOR YOUR TIME.
AND ENCOURAGING THE PASSING OF
THIS BILL.
I FEEL SO HONORED TO BE WORKING
WITH EVERYONE HERE.
>> ALL RIGHT.
COUNCILMEMBER O'BRIEN?
>> IN A SPORTS BAR SCENARIO,
OFTEN THERE WILL BE, YOU KNOW,
MULTIPLE DIFFERENT SHOWS,
SHOWING ON TVs AT ONCE.
THERE MAY BE AUDIO FOR ONE OF
THEM.
BUT ALL THE OTHERS, THEY WON'T
HAVE AUDIO FOR MULTIPLE
DIFFERENT SHOWS AT ONCE IN THE
BAR.
AND, I WILL TELL YOU THAT I
APPRECIATE HAVING THE CLOSED
CAPTION.
IN A SPORTS PROGRAM, YOU CAN
GET LOTS OF INFORMATION FROM
THE TICKERS AND THE SCORES.
BUT THE CLOSED CAPTIONS ADD TO
THE INTEREST THERE.
SO I UNDERSTAND THE KERN ABOUT
HOW THOSE TOOLS MAY INTERFERE
WITH EACH OTHER.
THIS IS AN AREA WHERE AS
SEATTLE JOINS OTHER CITIES IN
MAKING THE REQUIREMENT, BARS
WILL BECOME MORE AWARE OF THE
DIFFERENT TECHNOLOGIES AND
PURCHASED TVS THAT WORK.
MANUFACTURERS WILL RESPOND TO
THAT DEMAND.
IF YOU ARE WALKING INTO A
SHOWROOM AND CLOSED CAPTIONING
IS ON ALL THE TVS AND SOME OF
IT DO IT REALLY WELL, SOME OF
IT DO IT POORLY WHETHER YOU ARE
HEARING OR NOT, THOSE
MANUFACTURERS WILL LIKELY SEE
MORE TVS SOLD THAT DO IT.
THIS IS A REENFORCING
MECHANISM.
IT SOUNDS LIKE THE TECHNOLOGY
ALREADY EXISTS AND I WOULD
IMAGINE THAT WE WILL SEE IT
BEING ADAPTED PRETTY RAPIDLY AS
THIS TREND CONTINUES SO I'M
PRETTY COMFORTABLE WITH THE
REQUIREMENT AS IS.
I APPRECIATE THE CONCERNS.
AND I APPRECIATE ERIC'S
EXPERTISE.
>> I JUST ADD.
>> THANK YOU.
>> I JUST ADD IF THE POLICY
OUTCOME IS FOR PEOPLE WITH
DISABILITIES NOT TO HAVE THE
BURDEN OF ASKING FOR CLOSED
CAPTIONS EVERY TIME, THEY ALSO
SHOULDN'T HAVE TO BE MONITORING
IF SOMETHING COMES OFF MUTE FOR
THREE SECONDS AND THEY NEED
CLOSED CAPTIONINGS.
IT MAKES IT EASIER FOR BUSINESS
AS A WROTE RULE YOU HAVE TO
HAVE THEM ON INSTEAD OF TURNING
ONE ON.
>> YEAH.
>> AND THERE'S COMMERCIALS AND
INTERVENING NEWS STORIES WHERE,
YOU KNOW, THE SPORTS TICKER
STUFF GOES AWAY.
>> OR EMERGENCY BROADCASTS AS
WELL.
SORT OF --
>> I DON'T KNOW WHAT THAT WAS.
>> IF THERE IS SOME SORT OF
NUCLEAR ROCKET COMING TOWARD
US, AND EMERGENCIES IS A WHOLE
OTHER THING THAT IS VERY
IMPORTANT.
HAVING ACCESS TO THAT
INFORMATION THROUGH THOSE
CLOSED CAPTIONS.
AMBER ALERTS FOR KIDNAPPINGS IN
ADDITION TO THOSE BROADCAST
RIGHT AWAY.
AND, PEOPLE CAN HEAR THAT.
BUT DEAF PEOPLE DON'T HAVE
ACCESS TO THAT.
THEY CAN'T HAVE ACCESS TO
THOSE.
IT'S ESSENTIAL TO HAVE ACCESS
TO THOSE EMERGENCY SITUATIONS.
AND, THE TIME IS OF THE ESSENCE
ESPECIALLY IN THESE KINDS OF
SITUATIONS.
>> WELL THANK YOU EVERYBODY.
I WANT TO THANK BUSINESS STAKE
HOLDERS WHO WEIGHED IN ON THIS.
I WANT TO THANK YOUR CONTINUED
ENGAGEMENT.
WE ARE STILL WAITING TO HEAR
BACK FROM THE SMALL BUSINESS
ADVISORY COUNCIL.
I ALSO SHARED THIS BILL WITH
THEM SO FOR THAT REASON I'M NOT
PREPARED TO VOTE TODAY.
BUT, INTEND TO BRING THIS BACK
AT OUR NEXT COMMITTEE MEETING
TWO WEEKS FROM TODAY.
>> IS THAT APRIL 1?
>> I BELIEVE THAT IS APRIL 9.
YEAH.
>> THEN I HAVE A QUESTION.
AS THE FULL COUNCIL GOING TO
VOTE ON THE 9th?
>> COMMITTEE VOTE.
THAT IS CORRECT.
AND THEN FULL COUNCIL AFTER
THAT.
>> THANK YOU SO MUCH EVERYONE.
>> APPRECIATE IT.
>> ALL RIGHT.
>>> NEXT ITEM ON THE AGENDA,
ITEM 4.
>> AGENDA ITEM 4 IS UPDATE ON
POTENTIAL SOLUTIONS TO ADDRESS
EVICTION HARMS IDENTIFIED IN
RESOLUTION 31861.
>> THANK YOU NOEL.
ASHA?
HELLO AGAIN.
>> SO, BACKGROUND ON THIS.
THIS HAS SORT OF BEEN A BODY OF
WORK WE HAVE BEEN PLUGGING
ALONG ON.
WE STARTED WITH A REVIEW OF THE
LOSING HOME REPORT BY THE
SEATTLE WOMEN'S COMMISSION LAST
YEAR.
SUBSEQUENT TO THAT DISCUSSION
AND REVIEW OF THAT REPORT, WE
IDENTIFIED THE PROBLEMS THAT
NEEDED ADDRESSING.
THAT WERE CALLED OUT IN THAT
REPORT.
AND WE PASSED A RESOLUTION,
31861.
THAT IDENTIFIED THE PROBLEM,
NOT THE SOLUTIONS, BUT THE
PROBLEMS THAT WERE CREATING
HARM THROUGH THE EVICTION
PROCESS.
THIS WAS A RESOLUTION THAT
COUNCILMEMBER O'BRIEN AND I
SPONSORED.
AND, IT IDENTIFIED WHICH OF
THOSE ITEMS WERE BEING WORKED
ON IN DIFFERENT CONTEXTS SO
SOME OF THOSE ARE BEING WORKED
ON WITH THE CONTEXT OF
IMPLEMENTING THE BUDGET THAT
THE COUNCIL PASSED IN NOVEMBER
FOR 2019, 2020.
SOME OF THOSE ARE BEING WORKED
ON IN THE CONTEXT OF THE STATE
LEGISLATIVE AGENDA THAT THE
CITY COUNCIL AND MAYOR ADOPTS
GIVING DIRECTION TO OUR
LOBBYISTS IN OLYMPIA TO WORK ON
ISSUES OF HIGH PRIORITY AND A
NUMBER OF THOSE ARE RELATED TO
EVICTION REFORM.
THEN, IT IDENTIFIED ISSUES THAT
WERE HIGH PRIORITIES FOR THE
COUNCIL.
SO ASHA, YOU HAVE IS A MEMO YOU
WILL WALK US THROUGH.
YOU WILL GIVE US INFORMATION ON
I THINK THERE ARE SEVEN ITEMS.
WHICH OF THOSE ITEMS MIGHT BE
RIPE FOR COUNCIL CONSIDERATION
OF ACTION AND WHAT SOME OPTIONS
MIGHT BE.
BUT ALSO WHICH OF THOSE ITEMS
ARE BEING IN AN SUBSTANTIAL WAY
ADDRESSED AS WE SPEAK THROUGH
THE LEGISLATIVE SESSION IN
OLYMPIA.
>> AS YOU MENTIONED SINCE
ADOPTION OF THE RESOLUTION,
MULTIPLE BILLS WERE INTRODUCED.
A COUPLE OF THEM MADE IT
THROUGH THE POINT AT WHICH THEY
HAD TO PASS OUT OF THE HOUSE OF
ORIGIN TO STAY RELEVANT.
THERE ARE TWO OF THOSE THAT
ADDRESSED SOME OF THE ISSUES
BROUGHT UP IN THE RESOLUTION.
ENGROSSED SUBSTITUTE HOUSE BILL
AND SENATE BILL.
MANY OF THE PROVISIONS IN THOSE
BILLS ARE SIMILAR, BUT I WILL
GO THROUGH THOSE AS THEY COME
UP AS RELEVANT TO THE ISSUES WE
IDENTIFIED.
>> PERFECT.
THANK YOU.
>> SO THE FIRST ISSUE THAT WE
IDENTIFIED IN RESOLUTION 31861
WAS THE FINANCIAL HARDSHIP FOR
TENANTS EXPERIENCING DOMESTIC
VIOLENCE HELD LIABLE FOR
DAMAGES CAUSED BY A PERPETRATOR
OF DOMETIC VIOLENCE.
ISN'T AN ISSUE BEING CONSIDERED
AT THE MOMENT AT THE STATE
LEGISLATIVE SESSIONS SO I HAVE
PROVIDED SEVERAL OPTIONS.
JUST NOTE THESE ARE NOT A TOTAL
COMPREHENSIVE LIST OF THE
OPTIONS MORE THAT THEY MUTUALLY
EXCLUSIVE TO EACH OTHER.
SO TO IMPLEMENT SOLUTION TO
PERSONS DEALING WITH THIS
PROBLEM, I IDENTIFIED THREE
BASIC OPTIONS.
THE FIRST WOULD BE TO PROHIBIT
HOLDING THE TENANT LIABLE FOR
DAMAGE CAUSED BY DOMESTIC
VIOLENCE.
THE TENANT HAS A PROTECTION
ORDER IN PLACE AGAINST THE
PERSON CAUSING THE DAMAGE.
OPTION B PROHIBIT IT IS
LANDLORD FROM HOLDING THE THEN
IN AND ABOUT LIABLE.
A LAW ENFORCEMENT OFFICER, A
MENTAL HEALTH AUTHORITY TOLD
ABOUT THE ISSUE AND REPORTED TO
THE LANDLORD, THEY WOULD NOT BE
HELD LIABLE.
AND IN OPTION C, REGARDLESS OF
WHO IS LIABLE FOR THE DAMAGE,
WHETHER IT IS THE LANDLORD OR
THE TENANT, THE COUNCIL COULD
LEGISLATE ACCESS TO AND PROVIDE
SOME APPROPRIATIONS FOR A
MITIGATION FUND THAT WOULD
COVER THE DAMAGES CAUSED BY A
PERPETRATOR.
WHAT THE DOCUMENTATION WOULD
BE, AROUND PROVIDING TO THOSE
WHO CAUSED THE DAMAGE WOULD BE
SOMETHING WE COULD DISCUSS
FURTHER.
BUT THE ESSENCE OF THE BILL IS
EITHER IN LANDLORD NOR THE
TENANT NEED TO ABSORB THE
FINANCIAL HIT.
THERE IS SOME DRAFT LEGISLATION
THAT COMBINES OPTIONS A AND B.
AS ATTACHMENT C TO THIS MEMO
AND ITS MODELS ARE GENERALLY
OFF OF THE RCW PROVISION THAT
ALLOWS SURVIVORS OF DOMESTIC
VIOLENCE TO TERMINATE THEIR
LEASE AGREEMENT IF THEY PROVIDE
SPECIFIC INFORMATION TO A
LANDLORD.
IT IS MODELED OFF THAT.
IN ORDER TO REMOVE LIABILITY
WOULD BE LIKE THE PROTECTION
ORDER OR A REPORT WITH THE
QUALIFIED THIRD PARTY.
>> COUNCILMEMBER SAWANT?
>> A COUPLE OF QUESTIONS.
ONE IS, SO BOTH OPTION A AND B
IN SOME SHAPE OR FORM REQUIRED
THE PERSON, THE TENANT
EXPERIENCING DOMESTIC VIOLENCE
TO HAVE TAKEN SOME ACTION.
REPORTED IT TO APPROPRIATE
PARTIES.
EVEN I THINK, OPTION A IS ONE
STEP FURTHER.
HAVING SOUGHT AND OBTAINED A
PROTECTION ORDER AGAINST A
PERSON WHO IS COMMITTING THE
VIOLENCE.
>> YES.
THAT IS CORRECT.
>> SO, I'M JUST BRINGING THIS
UP BECAUSE WE KNOW
STATISTICALLY SPEAKING THAT
DOMESTIC VIOLENCE SURVIVORS ARE
UNTIL THEY ARE OUT OF THAT
SITUATION FACE MANY BARRIERS TO
REPORT IT IS HAPPENING BECAUSE
THEY ALSO FACE RETALIATION.
THERE IS A RELUCTANCE TO REPORT
IT.
SO WHAT THINKING HAVE WE DONE
WHERE WE DON'T HAVE EITHER OF
THOSE TWO THINGS DONE.
IT IS POSSIBLE SMALL LANDLORDS
WITH ONE OR TWO UNITS, RENTALS
OR ONE RENTAL THAT THEY ARE
RESPONSIBLE FOR AND THEY MAY
KNOW BECAUSE THEY HAVE PERSONAL
RELATIONS.
FRIENDLY RELATIONS WITH THE
TENANT.
THEY MAY KNOW THE TENANT IS
FACING DOMESTIC VIOLENCE.
THAT PERSON IS NOT ABLE TO OR
WILLING TO REPORT IT.
IN THAT CASE, CAN THE CITY
OFFER MITIGATION?
IT IS MUCH BETTER TO HAVE
ACTUAL TOMMATION.
BUT I'M JUST RAISING THAT
QUESTION.
AND ANY OTHER QUESTION I WOULD
RAISE IN TERMS OF MITIGATION OF
POINT C, CAN WE COME UP WITH
SOME IDEA OF SMALL LANDLORDS
VERSUS BIG LANDLORDS?
THIS IS A GENERAL QUESTION THAT
OCCURRED TO ME OVER AND OVER
AGAIN.
HOW WE SHOULD FORM LATE
LEGISLATION RELATED TO RENTERS
RIGHTS.
CAN WE HAVE SOME DELINEATION,
IS IT POSSIBLE TO THINK THROUGH
THAT SO THE CITY, SO THAT
PUBLIC MONEYS ARE RESPONSIBLE
FOR MITIGATION IN THE CASE OF
GENERALLY SPEAKING WHO WE CAN
MAKE A STRONG CASE THEY CAN
AFFORD TO MITIGATE THAT.
>> I WOULD BE INTERESTED TO
KNOW, ITEM C I THINK WAS
ACTUALLY ACTUALLY OFFERED AS AN
OPTION FOR OUR CONSIDERATION BY
THE WASHINGTON MULTIFAMILY
HOUSING ASSOCIATION.
AND, ONE OF THE REASONS THEY
PUT THAT FORWARD, AS PART OF
THE STATE.
A SOURCE OF INCOME, THE STATE
HAS CREATED A FUND FOR DAMAGES
ASSOCIATED WITH SOMEBODY'S
TENANCY.
I WOULD JUST LOVE TO KNOW A
LITTLE BY.
I THINK IT HAS ONLY BEEN A YEAR
IT HAS BEEN ENFORCED.
IF WE HAVE ANY EXPERIENCE WE
COULD SHARE FROM THE STATE ON
HOW THE FUND IS UTILIZED AND IF
IT MAKES A DISTINCTION BETWEEN
SMALL AND LARGE LANDLORDS.
IT OCCURS TO ME AS WELL AND
THIS MIGHT FALL INTO THE LARGE
SMALL LANDLORD RUBRIC.
BUT, I WOULD LIKE TO LEARN MORE
ABOUT INSTANCES WHEN SOMEBODY
WOULD NEED TO HOLD A VICTIM OF
DOMESTIC VIOLENCE LIABLE
BECAUSE IT SEEMS TO ME
SOMEBODY'S INSURANCE WOULD
COVER A LOT OF THE COSTS
ASSOCIATED WITH DAMAGE TO A
UNIT REGARDLESS OF THE
CIRCUMSTANCES.
AND LANDLORDS TYPICALLY HAVE
THAT TYPE OF INSURANCE SO THEY
ARE NOT HAVING TO PAY OUT OF
POCKET EVERY TIME DAMAGE IS
DONE.
AGAIN, I DON'T KNOW AS MUCH AS
I WOULD LIKE TO ABOUT THAT
INSURANCE AND IF IT COVERS
THESE INSTANCES AND WHETHER OR
NOT THIS IS INSURANCE THAT IS
UNIVERSALLY HELD BECAUSE OF
FINANCING REQUIREMENTS OR IF IT
IS THE KIND OF INSURANCE THAT
MAYBE SOME SMALL LANDLORDS WHO
HAVE ALREADY PAID OFF THEIR
NOTE MAY NOT BE CARRYING.
>> OKAY.
SOME OF THIS I WILL HAVE TO GET
BACK TO YOU ON.
BUT STARTING WITH THE PIECE
AROUND A PERSON EXPERIENCING
DOMESTIC VIOLENCE PROVIDING
PROOF OF WHAT HAS HAPPENED, YOU
ARE ABSOLUTELY RIGHT THAT CAN
BE EXTREMELY DIFFICULT.
ONE OF THE THINGS THAT IS A
BENEFIT OF THE SECOND OPTION,
HAVING THE TENANT FILE WITH THE
THIRD PARTY, THAT COULD BE A
DOMESTIC VIOLENCE ADVOCATE OR
MENTAL HEALTH PROFESSIONAL.
IT DOESN'T HAVE TO BE LAW
ENFORCEMENT AND THE REASON FOR
PROVIDING DOCUMENTATION AT ALL
IS TO PROVIDE ABUSE -- OR
PROTECT FROM ABUSE OF THIS KIND
OF LEGAL PROVISION SO NOT
EVERYBODY IS SAYING I'M A
VICTIM.
SO, I SHOULD NOT HAVE TO PAY FOR
THINGS.
THIS DRAFT HAS IN THE GONE OUT
TO STAKE HOLDERS AT THIS POINT.
ONCE PEOPLE HAVE A CHANCE TO
WEIGH IN ON WHAT THE PROVISIONS
FOR PROOF ARE, I THINK WE WILL
HAVE A LITTLE BETTER IDEA OF
WHAT WOULD WORK BEST FOR PEOPLE
SURVIVING DOMESTIC VIOLENCE.
IN TERMS OF ELIGIBILITY.
I DON'T KNOW IF THE STATE MAKES
THAT DISTINCTION.
I DON'T BELIEVE THEY DO.
BUT I DO SEE THE ADVANTAGE IN
EXPLORING WHAT THAT LOOKS LIKE.
IT MAY BE A CHALLENGE IN
FIGURING OUT WHAT THAT LINE
SHOULD BE BUT IT IS SOMETHING
TO EXPLORE IF THE MITIGATION
FUND IS THE WAY THE COUNCIL
WANTS TO PROCEED.
THERE IS A DISTINCTION BETWEEN
WHAT RENTERS INSURANCE OR WHAT
A LANDLORD'S INSURANCE WILL
COVER IN TERMS OF PROPERTY
DAMAGE.
ONE EXAMPLE THAT SHOWS UP IN
THE LOSING HOME REPORT, HER
RELATIVE WAS BEATEN PRETTY
BADLY BY THE PERPETRATOR OF
DOMESTIC VIOLENCE AND LEFT
BODILY FLUID ALL OVER THE FLOOR
AND THE TENANT WAS CHARGED FOR
THAT.
AND MY INSTINCT, THERE IS A
NORMAL CLEANING FEE THAT TAKES
PLACE.
THAT WOULD REQUIRE THE TENANT
TO TAKE A LITTLE MORE.
IT MIGHT BE SOMETHING THE
PERSON EXPERIENCING THE
DOMESTIC VIOLENCE HAS NOT
ACCOUNTED FOR SO IT MIGHT
CONTRIBUTE TO THE FEES THAT ADD
UP IN TERMS OF EVICTION.
I WILL HAVE TO DO FURTHER
RESEARCH INTO WHAT THE
INSURANCE PIECE LOOKS LIKE
AROUND THAT.
BUT THAT IS ONE EXAMPLE WHERE
INSURANCE WOULDN'T COME INTO
PLAY.
IT WOULD NEED TO BE OUT OF
POCKET FROM A TENANT THEY
COULDN'T COVER.
>> THANK YOU.
COUNCILMEMBER O'BRIEN?
>> I APPRECIATE THE RANGE OF
OPTIONS HERE.
AND I LOOK FORWARD TO HAVING
SOME TIME TO GO THROUGH THIS
AND SEE WHAT WILL WORK.
WHAT IS CLEAR TO ME IS WHEN
SOMEONE IS A VICTIM OF DOMESTIC
VIOLENCE, THAT IS A HUGE BURDEN
ON THAT INDIVIDUAL.
TO COMPOUND THAT BY CHARGING
THEM TO CLEAN UP BODILY FLUIDS
FROM BEING THE VICTIM OF
ASSAULT SEEMS ABSURD.
HOW WE FIX IT IS AN OPEN POLICY
QUESTION.
BUT I THINK FOR ME IT IS
CRITICALLY IMPORTANT THAT, WE
WANT TO ELIMINATE DOMESTIC
VIOLENCE FOR SURE.
AND I THINK ONE OF THE STEPS WE
THE TAKE IN THE SHORT TERM IS
FIGURE OUT HOW TO NOT COMPOUND
THE CHALLENGES FOR FOLKS
VICTIMS OF DOMESTIC VIOLENCE
ARE FACING.
>> ISSUE 2?
>> THE SECOND ISSUE IS THE LACK
OF FLEXIBILITY TENANTS HAVE
AROUND AVOIDING EVICTIONS WHEN
FACED WITH EMERGENCIES.
TEMPORARY UNEMPLOYMENT.
LARGE RENT INCREASES.
DEATHS IN THE FAMILY.
THIS ALSO HASN'T BEEN ADDRESSED
AT THE STATE LEVEL SO THE
OPTIONS PROVIDED HERE ARE AGE
REQUIRE LANDLORD TO PROVIDE THE
TENANT A PAYMENT PLAN BEFORE
THEY FILE AN EVICTION NOTICE.
THE FIRST TIME THEY ARE UNABLE
TO PAY TIMELY RENT IN A 12
MONTH PERIOD REGARDLESS OF THE
REASON.
WHETHER THAT SHOULD BE A 12
MONTH REASON IS UP FOR
DISCUSSION.
OPTION B IS TO REQUIRE A
PAYMENT PLAN.
IN THE CASE OF AN EMERGENCY.
SO DEPENDING WHETHER IT IS THE
FIRST TIME OR NOT MIGHT NOT BE
THE TRIGGER THAT ACTIVATES IT,
WHAT THE DOCUMENTATION LOOKS
LIKE WOULD BE UP FOR
DISCUSSION.
THE LAST WOULD BE PROVIDING A
DEFENSE TO CAUSE EVICTION.
IF A PERSON IS EXPERIENCING AN
EMERGENCY, THEY CAN USE THAT
DEFENSE ONCE IN A 12-.PERIOD
AND AGAIN, THE 12-MONTH PERIOD
IS VARIABLE.
COUNCILMEMBER SAWANT?
>> JUST FOR CLARIFICATION,
IN.A, IT SAYS THE OPTION IS TO
PRIOR THE LANDLORD TO OFFER A
PAYMENT PLAN.
THE FIRST TIME THE TENANT IS
ABLE TO PAY REGARDLESS OF THE
REASONS YOU STATED IN THE
PROCEEDING PARAGRAPH, REDUCED
INCOME OF SOME FORM POSSIBLY
BECAUSE OF TEMPORARY
UNEMPLOYMENT AND SO ON.
THEN, IN POINT B, YOU SAY
OPTION B, SUFFERING AN
EMERGENCY.
SO, WHEN YOU SAY EMERGENCY,
DOES IT MEAN MEDICAL
EMERGENCIES OR WOULD YOU IN
THAT OPTION, WOULD YOU ALSO
COUNT LOSING YOUR JOB
UNEXPECTEDDEDLY AS AN
EMERGENCY?
>> I THINK IT WOULD DEPEND ON
WHAT COUNCIL WANTED TO DEFINE
AN EMERGENCY AS.
WHETHER IT IS A MEDICAL
EMERGENCY THAT PUTS SOMEONE IN
THE HOSPITAL OR THEY LOST THEIR
JOB AND IT WILL TAKE THEM A
MONTH TO FIND A NEW ONE.
>> BOTH OPTIONS B AND C WOULD
REQUIRE US TO HAVE A DISCUSSION
AROUND WHAT FOR PURPOSES OF
THIS ORDINANCE IS TO BE DEFINED
AS AN EMERGENCY.
>> AND EMERGENCY MAY BE THE
WRONG TERM.
IT MAY BE JUST LIKE AN ADVERSE
EVENT.
SOMETHING LIKE THAT.
THE DECISION WOULD BE AROUND
WHAT THAT ENTAILS.
>> AND MAYBE WE HAVE ALREADY
DONE THIS AND I CAN'T RECALL,
BUT, LOOK AT OTHER STATES AND
SEE HOW THEY DEFINE SOME OF
THESE THINGS MAYBE AS A
GUIDELINE.
>> ABSOLUTELY.
>> ANOTHER GUIDELINE MIGHT BE
THE OFT QUOTED FEDERAL TRADE
COMMISSION REPORT THAT
DEMONSTRATES THAT 40% OF PEOPLE
IN THE UNITED STATES DO NOT
HAVE $400 TO PAY FOR ARTS
COMMISSION EMERGENCY.
SO, FOR PURPOSES OF THAT
SURVEY, WHICH I THINK IS ALSO
SORT OF A FOUNDATIONAL
PRINCIPLE OF THE REPORT ABOUT
HOW THESE DESTABILIZING EVENTS
CAN RESULT IN EVICTION, IT
MIGHT BE WORTH LOOKING AT THAT
DEFINITION OF EMERGENCY BECAUSE
IT LINKS BACK TO THE RESOURCE
ISSUE THAT WE ARE TRYING TO
DEAL WITH RIGHT HERE.
>> ABSOLUTELY.
AND I REALLY APPRECIATE YOU
BRINGING THAT UP.
IT IS A VERY POWERFUL STATISTIC
AND IT SHOULD BE USED AS A
FOUNDATIONAL GUIDELINE FOR
LEGISLATION OF THIS KIND.
I WANTED TO MENTION ALSO
CONNECTED TO ALL THAT IS THE
RESEARCH WE SEE COMING FROM THE
UNIVERSITY OF WASHINGTON.
USING STATEWIDE DATA.
COMPILING VARIOUS DATA SOURCES
INCLUDING ACS AND TEN YEAR
CENSUS AND ALL THAT.
THEY SHOW EVICTIONS IN
WASHINGTON STATE ARE NOT
AFFECTING EVERY INCOME GROUP.
THEY ARE SPECIFICALLY AFFECTING
LOW INCOME GROUPS AND THAT TIED
IN WITH THE STATISTIC YOU
MENTIONED IS DEFINITELY SURE,
FINANCIAL EMERGENCIES OF ANY
KIND SHOULD BE CONSIDERED
EMERGENCIES I THINK WHEN WE
FORM LATE THE DEFINITIONS.
I THINK THAT SHOULD BE TAKEN
INTO ACCOUNT.
LOSS OF JOB IS A FINANCIAL
EMERGENCY AND IMMEDIATELY YOU
WOULD NOT BE ABLE TO PAY RENT
IF YOU LOST ONE PAYCHECK.
>> ABSOLUTELY.
ANOTHER EXAMPLE THAT THE
COMMISSIONER REPORT
HIGHLIGHTED.
IN THIS CASE, YOU HAVE AN
INDIVIDUAL, THE EXAMPLE OF
LOSING A JOB.
WITH AN EVICTION, IT IS
EXTREMELY LIKELY THIS PERSON
WOULD BECOME HOMELESS, WHICH
COMPOUNDS THE CHALLENGES OF
GETTING BACK ON YOUR FEET.
AND, THE EXPENSE TO THE
INDIVIDUAL AND TO SOCIETY GOES
UP DRAMATICALLY.
THIS IS ONE OF THE EXAMPLES
WHERE HEY, THESE THINGS HAPPEN
IN PEOPLE'S LIVES AS YOU BOTH
HIGHLIGHTED.
A LOT, TOO MANY PEOPLE DON'T
HAVE A SAFETY NET.
AND, HOW DO WE COME TOGETHER
WITH A SAFETY NET?
THEY ARE MUCH MORE LIKELY TO
GET BACK ON THEIR FEET WITHOUT
THIS MASSIVE DISRUPTION TO THE
INDIVIDUAL AND THE BROADER
COMMUNITY.
SO HOW DO WE PROVIDE THE SAFETY
NET?
I THINK EVEN IN SMALL
LANDLORDS, THERE IS A LANDLOR
THAT HAS OWNED A BUILDING A
NUMBER OF YEARS, CASH FLOWING
PRETTY POSITIVELY.
IT IS REASONABLE TO SAY SHOW A
LITTLE FLEXIBILITY.
A SMALL LANDLORD WHO BOUGHT THE
PROPERTY YESTERDAY IS PROBABLY
NEGATIVE CASH FLOW FOR A WHILE.
AND I WOULD BE SYMPATHETIC TO A
LANDLORD SAYING HEY.
I SCRAPED EVERYTHING TOGETHER
TO MAKE THIS WORK.
AND NOW DO I PROVIDE THE SAFETY
NET?
HOW WE NAVIGATE THAT WILL BE
IMPORTANT BUT IT IS ABSOLUTELY
CRITICAL THAT IF WE DON'T DO
SOMETHING, A RELATIVELY NORMAL
LIFE DISRUPTION LEADS TO
HOMELESSNESS IN TODAY'S MARKET
IS SOMETHING WE CAN'T TOLERATE.
SO THAT WILL BE IMPORTANT.
>> AND I THINK AGAIN FOR THE
VIEWING PUBLIC, MORE THAN HALF
OF THE PEOPLE EVICTED.
RAISED IN THE EVICTION STUDY,
MORE THAN HALF OF THEM WERE
EVICTED FOR I BELIEVE ONE MONTH
OR LESS.
OWING.
AND OF THOSE FOLKS WHO WERE
SURVEYED, 85% OF THEM BECAME
HOMELESS.
SO I APPRECIATE YOU RAISING THE
GREATER SOCIETAL COSTS
ASSOCIATED WITH THE OUTCOMES OF
THESE EVICTIONS BOTH TO
PEOPLE'S LIVES AS WELL AS TO
OUR ABILITY AS A CITY TO
ADDRESS THE NEEDS THAT ARE
CREATED THROUGH MORE AND MORE
PEOPLE BECOMING HOMELESS
THROUGH THE EVICTION PROCESS.
MOVING ONTO ISSUE THREE.
>> OKAY.
ISSUE THREE IS THE HIGH DEFAULT
RATE FOR EVICTIONS, SUGGEST
THAT TENANTS DON'T UNDERSTAND
THE EVICTION PROCESS.
THE GENERALLY UNAWARE THAT FREE
LEGAL RESOURCES ARE AVAILABLE.
THIS ISSUE IS ADDRESSED BY
STATE LEGISLATION SO HOUSE BILL
1453 WOULD REQUIRE THAT ANY
EVICTION NOTICE THAT GETS
ISSUED HAS TO BE ACCOMPANIED BY
A FORM THAT THE DEPARTMENT OF
COMMERCE HAS INFORMATION ABOUT
HOW TO FIND AN ADVOCATE AT
LOWER AND NO COST FOR RESOURCES
TO PAY RENT.
IT ALSO DIRECTS THE TENANT TO
CALL 211 FOR THAT INFORMATION.
AND 3 REQUIRES THEM TO KEEP
TRANSLATED VERSIONS OF THE
NOTICE IN THE TOP TEN LANGUAGES
SPOKEN IN WASHINGTON STATE AND
REQUIRES THEM TO BE AVAILABLE
IN PRINTED FORM.
AND ALSO, IN ADDITION TO BEING
ON THE FORM, THEY SHOULD
PROVIDE ON THEIR WEBSITE WHERE
TENANTS CAN ACCESS LEGAL OR
ADVOCACY RESOURCES THAT CAN
HELP TENANTS TO UNDERSTAND
ASSISTANCE IN THEIR PRIOR MARE
LANGUAGE.
5600 ESSENTIALLY HAS PARALLEL
PROVISIONS TO THAT.
EXCEPT THAT IT PUTS THE
WASHINGTON STATE ATTORNEY
GENERAL'S OFFICE INSTEAD OF THE
DEPARTMENT OF COMMERCE IN
CHARGE OF THE NOTICE AND
PROVIDING THAT INFORMATION ON
ITS WEBSITE.
>> ALL RIGHT.
THANK YOU.
>>> ISSUE FOUR, NONINNOCENT
CHARGES LIKE LATE FEES,
ATTORNEYS FEES CAN ADD AN
SUBSTANTIAL BURDEN TO THE
HARDSHIPS OF PAYING RENT.
THIS IS ALSO UP FOR DISCUSSON
AT THE STATE LEGISLATIVE
SESSION.
ANY PAYMENT HAS TO BE COUNTED
BEFORE RENT BEFORE APPLYING IT
TO LATE PAYMENTS OR DAMAGES
LIKE LEGAL COSTS OR FEES.
AND THAT INCLUDES ATTORNEY'S
FEES.
SO, THAT WAY, RATHER THAN
APPLYING IT TO THE OTHER
PAYMENTS AND LEAVING RENT
UNPAID THAT WOULD LEAD TO
EVICTION, THOSE FUNDS HAVE TO
GO TOWARD RENT WHICH WOULD
POTENTIALLY AVOID AN EVICTION
BASED ON RENT.
THE BILL ALSO REQUIRES THAT THE
TENANT'S RIGHT TO POSSESSION IS
NOT CONDITIONED ON PAYMENT OF
ANYTHING EXCEPT PAYING FOR YOUR
RENT.
A LANDLORD CAN STILL PURSUE
OTHER LEGAL REMEDY TO COLLECT
FEES BUT THE ONLY THING IT CAN
BE BASED ON IS THE PAYMENT OF
RENT.
IT DEFINES RENT WHICH HAS T
BEEN DONE AT THE STATE LEVEL
BEFORE, AND IT DEFINES IT AS
OCCURRING IN PERIODIC CHARGES
OF THE OCCUPANCY OF THE
PREMISES.
IT DOESN'T INCLUDE CHARGES FOR
COSTS DUE TO LATE PAYMENTS,
DAMAGES, DEPOSITS, LEGAL COSTS,
AND ATTORNEYS FEES.
>> ALL RIGHTING THANK YOU.
ITEM 5?
>> A UP THE MORE THINGS IN
THOSE BILLS.
THERE IS ADDITIONAL PIECES
AROUND ATTORNEY'S FEES.
THAT HOUSE BILL STATES THAT IF
AN UNLAWFUL DETAIN OR ACTION
AFTER DEFAULT HAPPENS AND
PAYMENT OF RENT, THE COURT IS
ALLOWED TO AWARD STATUTORY
COSTS.
BUT ONLY AFTER A FINDING THAT
THE TENANT DIDN'T ACT IN GOOD
FAITH, WILLFULLY PERFORMED A
PROHIBITED ACT OR WILLFULLY
REFRAINED FROM PERFORMING A
REQUIRED ACT.
CURRENT LAW ALLOWS THE
STATUTORY COSTS NO MATTER WHAT.
THAT WOULD LIMIT THAT ABILITY
BY THE COURT.
>> IT WOULD LIMIT THE ABILITY
TO THE INSTANCES WHERE THE
ACTION WAS WILLFUL?
IS THAT THE TERM YOU USED?
>> IF THEY WILLFULLY REFRAINED
FROM PERFORMING A REQUIRED ACT
OR PERFORMED A PROHIBITED ACT.
>> THAT RELATES SPECIFICALLY TO
-- TO ATTORNEYS FEES.
>> UH-HUH.
>> AND THE LATE FEES ARE ALSO
CAPPED IN THE SENATE BILL?
>> SO, IN THE LATE FEES, THEY
DEAL WITH IN THE NEXT SECTION,
THEY DO DEAL WITH IT IN THE
SENATE BILL.
IN THE HOUSE BILL, IT BASICALLY
SAYS THAT IF YOU ARE GOING TO
BE RESTORED TO TENANCY, YOU
HAVE TO PAY ANY RENT DUE, COURT
COSTS, BY LATE FEES ONLY IF
THEY ARE DUE UNDER THE LEAST
AND NO MORE THAN $75 TOTAL.
>> SO THERE IS A LIMIT ON LATE
FEES IN BOTH INSTANCES.
>> YES.
>> I WANT TO GIVE ANOTHER SHOUT-
OUT TO THE WASHINGTON FAMILY
ASSOCIATION.
THEY HAVE BEEN REALLY WILLING
TO MEET THE BILL SPONSORS ON
THIS ISSUE IN PARTICULAR.
I KNOW THIS IS REALLY IMPORTANT
AS IT RELATE TO MAKING SURE
PEOPLE ARE NOT BEING EVICTED
FOR LATE FEES BECAUSE RENT IS
BEING APPLIED TO LATE FEES AND
THEY ARE STILL SHOWING UP AS
OWING RENT.
BUT ALSO, IN RECOGNIZING THAT
THERE ARE ABUSES THAT RESULT IN
EXCESSIVE LATE FEES AND
ATTORNEYS COSTS.
I APPRECIATE THE WORK ON THIS.
>> THE SENATE BILL IS -- I'M
SORRY.
GO AHEAD.
>> JUST A QUESTION.
MAYBE YOU COULD ADD IT TO WHAT
YOU WERE GOING TO SAY.
BUT, HOW IS IT DECIDED WHAT IS
WILLFUL ESPECIALLY IN CASE OF
NOT DOING SOMETHING REQUIRED?
ALL YOU CAN SAY IT WASN'T DONE.
>> I AM NOT SURE WHAT PROMPTED
THE STANDARD OF WILLFUL, BUT MY
INSTINCT IS THERE IS CASE LAW
THAT DEFINES WHAT THEY ARE AS
OPPOSED TO JUST NOT PROHIBITING
APP ACT.
I DON'T KNOW IF THERE ARE CASES
SPECIFICALLY BOTHRIA IS CASE
LAW GENERALLY THAT DEFINES WHAT
THAT MEANS.
BUT I KNOW THERE IS CASE LAW
GENERALLY THAT DEFINES WHAT
THAT MEANS.
THE LEGISLATURE COULD DEFINE
FURTHER WHAT IT IS OR DEFER TO
WHAT THE COURTS HAVE SAID.
BUT I CAN DO SOME FURTHER
RESEARCH INTO WHAT THAT TERM
ACTUALLY MEANS IN A LEGAL
CONTEXT.
I JUST ALSO NOTE THAT THE
SENATE BILL HAS SOME SIMILAR
PROVISIONS.
IT ALSO WOULD LIMIT I'M SORRY,
LATE FEES TO NO MORE THAN $75.
BUT, IT ALSO INCLUDES A
PROVISION THAT A TENANT SHOULD
PAY AN ADDITIONAL $50 EACH TIME
THEY ARE REINSTATED WITHIN THE
PREVIOUS 12 MONTHS AND THE LAST
PIECE OF THAT IS IN TERMS OF
ATTORNEYS FEES, IF AFTER
JUDGMENT IS ENTERED AND THE
TOTAL AMOUNT OF RENT IS EQUAL
OR LESS THAN TWO MONTHS OF
MONTHLY CONTRACT RENT OR LESS
THAN $1,200, THE COURT IS
PROHIBITED FROM ATTORNEYS FEES
SO IT IS LIMITED IN A WAY THAT
CURRENTLY IS NOT THE CASE.
I FORGOT TO MENTION THE LAST
PIECE OF THAT.
IF A TENANT SEEKS A STAY OF THE
WRIT OF RESTITUTION, I WILL
TALK ABOUT THAT IN A COUPLE OF
ISSUES.
BUT IF THAT HAPPENS AND THE
TENANT PREVAILS, ATTORNEYS FEES
CAN BE AWARDED.
BUT IF THE LANDLORD PREPAILS
THEY CANNOT.
>>> ISSUE FIVE, SOME LEASES CAN
PROHIBIT THE NUMBER OF
ROOMMATES.
LANDLORDS CAN REJECT ROOMMATES
REGARDLESS OF WHETHER IT IS
REASONABLE.
AND THERE CAN BE STRICT
SCREENING CRITERIA.
THIS IS NOT SOMETHING ADDRESSED
AT STATE LEGISLATIVE SESSIONS,
THE OPTIONS HERE ARE A, TO
REQUIRE THAT THE RENTAL
AGREEMENT PROVIDE THE TENANT A
RIGHT TO LIVE WITH THEIR
IMMEDIATE FAMILY MEMBERS AN UP
TO ONE ADDITIONAL OCCUPANT
SUBJECT TO ANY OCCUPANCY
LIMITS.
THE SECOND IS IF A TENANT WOULD
LIKE TO ADD A ROOMMATE TO THE
RENTAL AGREEMENT, THE LANDLORD
CAN'T SUBJECT THAT ROOMMATE TO
ANY STRICTER SCREENING CRITERIA
AND CAN'T IMPOSE ANY ADDITIONAL
FEES.
THE LAST OPTION WOULD BE TO
PROHIBIT THE LANDLORD FROM
UNREASONABLY REJECTING A
REQUEST FOR A ROOMMATE.
THAT IS A FURTHER POLICY
DISCUSSION IF THAT IS THE WAY
COUNCIL WANTS TO MOVE.
>> AND, MY RECOLLECTION IS THAT
THERE WAS A BILL IN THE STATE
LEGISLATURE THAT HAD THEIR OWN,
THERE WAS A STATEWIDE JUST
CAUSE BILL THAT WAS PROPOSED
THAT DID ADDRESS THIS ISSUE,
BUT THAT BILL IS NOT MOVING.
ALTHOUGH, CERTAINLY, THE BILLS
THAT ARE MOVING COULD BE
AMENDED TO ADDRESS THIS ISSUE.
AND, MAKE NECESSARY OUR NEED TO
ADDRESS IT.
BUT, THE WOMEN'S COMMISSION
REPORT AGAIN IDENTIFIES
PARTICULARLY IN A CITY LIKE
SEATTLE WHERE THE COST OF
HOUSING IS HIGH THAT THERE IS A
REAL NEED OF FOLKS TO HAVE
ROOMMATES.
AND, OFTEN, THOSE ROOMMATES ARE
IMMEDIATE FAMILY MEMBERS.
AND, IN BOTH INSTANCES, I THINK
THERE SHOULD BE SOME SORT OF
ACCOMMODATION.
IT IS MY RECOMMENDATION THAT
OPTION A IS INTENDED TO DEAL
NOT JUST WITH THE RIGHT TO HAVE
A FAMILY MEMBER, BUT, TO DEAL
WITH THOSE INSTANCES WHERE THE
PRIMARY TENANT PASSES AWAY.
AND THERE IS A FAMILY MEMBER
WHO HAS BEEN LIVING WITH THAT
PRIMARY TENANT BUT IS NOT ON
THE LEASE.
AND WE WANT TO MAKE SURE THAT
PERSON IS NOT SUBJECT TO
EVICTION SIMPLY BECAUSE THE
PRIMARY TENANT HAS PASSED AWAY.
>> YEAH, THE WAY WE POTENTIALLY
DRAFT LEGISLATION COULD BE
SPECIFIC TO WHAT THE ACTUAL
RIGHT IS IF THE PRIMARY TENANT
PASSES AWAY OR DECIDES TO
LEAVE.
THE RIGHTS THAT ADDITIONAL
PERSON HAS ON THE LEASE.
>> AND SO, I THINK THIS ISSUE
IN ADDRESSING IT.
IT IS BOTH IMPORTANT TO DEAL
WITH THE TYPES OF BARRIERS THAT
PROHIBIT PEOPLE FROM BEING ABLE
TO ENTER HOUSING AS WELL AS THE
THINGS THAT MIGHT RESULT IN
PEOPLE LOSING THEIR HOUSING.
AND SO, I THINK IT WOULD BE
IMPORTANT TO ADDRESS BOTH WHAT
THE LANDLORD CAN SCREEN FOR AND
REQUIRE ON THE FRONT END AND
THE PUNITIVE ACTION THAT CAN BE
TAKEN ON THE BACK END AS WELL.
>> ABSOLUTELY.
>> ITEM SIX.
>> DEALS WITH TERMINATING A
LEASE BEFORE THE END OF THE
TERM.
THEY CAN OFTEN BE VERY HIGH AND
ACCUMULATE THOUGH THE MARKET
INDICATES RERENTING A UNIT IS
NOT THAT HARD.
AND THE LANDLORD IS REQUIRED,
THOUGH THE LANDLORD IS REQUIRED
TO MAKE A REASONABLE EFFORT TO
RERENT THE UNIT.
THIS IS NOT ADDRESSED AT THE
STATE LEVEL.
THE OPTIONS ARE TO REQUIRE ALL
RENTAL AGREEMENT TO HAVE AN
EARLY TERMINATION FEE.
B WOULD NOT REQUIRE ALL RENTAL
AGREEMENT TO HAVE AN EARLY
TERMINATION FEEFUL BUT FOR
THOSE THAT DID TO CAP THE FEE
AT ONE MONTH'S RENT OR DAMAGES.
WHICH IS LOWER.
AND HOW MUCH, WHETHER ONE MONTH
OF RENT SHOULD BE THE
APPROPRIATE TRIGGER IS POLICY
QUESTION.
AND DEFINE THE OBLIGATION TO
MAKE A REASONABLE EFFORT.
IF THERE ISN'T AN EARLY
TERMINATION FEE, THERE IS A
REQUIREMENT TO PAY EITHER THE
ACTUAL DAMAGES, THE ACTUAL
AMOUNT OR THE DIFFERENCE
BETWEEN FAIR HOUSING VALUE AND
WHAT THE LANDLORD'S LOSS IS.
AND SO, IN OPTION A IF ALL
AGREEMENTS HAVE AN EARLY
TERMINATION FEE, THAT WOULDN'T
BE AT ISSUE.
IF IT WERE OPTION B, IT WOULD
COME INTO EFFECT.
>> AND OPTION C AS IT RELATE TO
A LANDLORD'S OBLIGATION TO MAKE
A REASONABLE EFFORT TO RERENT
THE UNIT, THAT IS THE CURRENT
OBLIGATION IN STATE LAW.
THE PROBLEM IS WHAT IS A
REASONABLE EFFORT IS NOT
DEFINED.
AND SO, OPTION C I THINK IN
SOME WAYS WOULD BE BUILDING OFF
OF WHAT IS ALREADY REQUIRED.
IT WOULD BE ADDRESSING A
DEFINITIONAL GAP IN STATE LAW.
>> OKAY.
ISSUE 7, THE LAST ISSUE, EVEN
IF THE TENANT HAD GOOD CAUSE TO
BE LATE ON PAYMENT OF RENT,
BASICALLY, THEY DON'T HAVE THE
DISCRETION TO STAY A WRIT OF
RESTITUTION.
THIS IS BEING DEALT WITH AT THE
STATE LEVEL.
THE HOUSE BILL AND THE SENATE
BILL ADDRESSED THIS ISSUE.
THERE ARE A LOT OF PROVISIONS
IN THE SENATE BILL SOILY GO FLU
THE HOUSE BILL QUICKLY.
IF THE JUDGMENT IS IN THE
LANDLORD, THEY CAN VACATE THE
RESTITUTION.
OR IF THE TENANT MAKES A
SUBSEQUENT MOTION ON FAIR CAUSE
AND JUST AND FAIR TERMS.
THE BILL DEFINES WHAT THE COURT
SHOULD CONSIDER.
THE TENANT'S PAYMENT HISTORY,
EVIDENCE OF THE PAYMENT WAS
CAUSED BY CIRCUMSTANCES BEYOND
THE TENANT'S CONTROL AND
UNLIKELY TO OCCUR.
EVIDENCE OR LACK OF EVIDENCE
THE TENANT'S WILLFUL OR
INTENTIONAL FAILURE TO PAY
RENT.
THE TENANT'S TIMELY ABILITY TO
PAY THE JUDGMENT.
AND THEN, CONDUCT RELATED TO
ANY OTHER NOTICES SERVED AT THE
SAME TIME THE NOTICE OR PAYER
VACATE THAT IS THE BASIS OF
THIS WRIT.
WAS ISSUED.
IT KEEPS THE BURDEN ON THE
TENANT.
THE BURDEN OF PROOF IS ON THE
TENANT TO PROVE THAT IT IS FOR
GOOD CAUSE.
AN ON FAIR AND JUST TERMS.
AND, THERE ARE SOME LIMITATIONS
ON WHAT THE COURT CAN DO.
THEY CAN'T STAY THE WRIT MORE
THAN THREE MONTHS FROM THE
STATE OF JUDGMENT.
THEY CAN ORDER REPAYMENT WITHIN
THAT TIME, BUT NOT STAY IT
LONGER THAN THAT.
THE TENANT HAS TO GIVE THE
LANDLORD OR DEPOSIT OF THE
COURT.
AND IF THE COURT DOES FIND, I'M
SORRY, CONDITION ON THE COURT
FINDING REPAYMENT OF THE
BALANCE, THE COURT WILL ISSUE
THE WRIT OF RESOLUTION, BUT IT
WON'T BE SERVED BY THE SHERIFF
UNLESS THERE IS A DEFAULT IN
WHICH CASE THE COURT WILL THEN
TELL THE SHERIFF TO ISSUE THE
WRIT.
SENATE BILL IS SIMILAR.
IT PROVIDES THE ABILITY FOR THE
TENANT TO MAKE A MOTION FOR
GOOD CAUSE TO STAY THE WRIT.
THE FACTORS CONSIDERED ARE THE
SAME AS THOSE IN THE HOUSE
BILL.
BUT ADDS TWO MORE.
IT ADDS THAT THE TENANT HAS TO
BE OTHERWISE IN SUBSTANTIAL
COMPLIANCE WITH THE RENTAL
AGREEMENT AND WHETHER THE
LANDLORD CAN OBTAIN
DISPERSEMENT FROM THE LANDLORD
MITIGATION PROGRAM.
AND THE PIECE ABOUT THE PROGRAM
IN THE SENATE BILL TALKS ABOUT,
ITESSENTIALLY WIDENS THE
NUMBER OF THINGS THAT THE
PROGRAM COVERS.
TO INCLUDE CASES IN WHICH THERE
ARE UNPAID JUDGMENTS.
IF THE LANDLORD GETS
REIMBURSED, THEY HAVE THREE
MONTHS TO DEPOSIT THOSE FUND TO
THE COURT.
THE OTHER PIECE OF THE SENATE
BILL IS THAT THE LIMITATIONS
AROUND WITH THE WRIT IS.
ISSUED HOW LONG THE WRIT IS
ISSUED FOR, WHICH IS SIMILARLY
THREE MONTHS.
THE TENANT AGAIN HAS TO DEPOSIT
THE PAYMENT WITH THE COURT.
IN THE CASE OF DEFAULT, THEY
CAN SERVE THE WRIT BUT NOT
EXECUTE IT UNTIL THE FIVE DAYS
ARE EXPIRED.
IF THE TENANT DEFAULTS THEY CAN
SERVE A NOTICE TELLING THEM AS
MUCH.
ANOTHER PIECE THAT ISN'T IN THE
HOUSE BILL IS IF THE TENT IN
AND ABOUT IS REQUIRING ON
EMERGENCY RENTAL ASSISTANCE.
THE WRIT OF RESTITUTION CAN BE
STAYED WITH THE DOCUMENT
DOCUMENTATION.
THE TENANT CAN'T ASK FOR RELIEF
IF THEY ARE SERVED WITH THREE
OR MORE NOTICES WITH FAILURE TO
PAY RENT.
THAT IS AN ADDITIONAL
LIMITATION THAT ISN'T IN THE
HOUSE BILL.
>> GREAT.
EITHER OF THESE PASSING WILL BE
GAME CHANGERRING FOR TENANTS IN
THIS STATE.
AND I REALLY APPRECIATE OUR
LEGISLATORS WHO HAVE BEEN
WORKING ON THIS AS WELL AS ALL
OF THE STAKE HOLDERS WHO HAVE
BEEN INVOLVED.
I'M REALLY ENCOURAGED BY THE
ACTION THAT IS BEING TAKEN.
AS FAR AS OUR NEXT STEPS GO, I
THINK WE WILL SIT TIGHT AND SEE
WHAT COMES FROM THE STATE
LEGISLATIVE SESSION.
SOME OF THE ITEMS WE HAVE
IDENTIFIED AS NOT BEING
ADDRESSED BY THE STATE
LEGISLATIVE SESSION MIGHT COME
UP.
AND SO I THINK WE NEED TO WAIT
AND SEE WHAT HAPPENS THERE
BEFORE WE DECIDE FOR SURE WHICH
ITEMS WE WANT TO PUSH FORWARD
ON.
LOOKING TOWARD YOU.
COUNCILMEMBER O'BRIEN.
DO YOU AGREE WITH THAT COURSE
OF ACTION?
>> YEAH.
I THINK, I REALLY APPRECIATE
THIS BROAD OVERLAY TO GIVE US A
SENSE OF THE MIX OF THINGS THAT
ARE POTENTIALLY BEING
ADDRESSED.
I RECOGNIZE THAT THOSE CAN ALSO
SHIFT IN A MOMENT'S NOTICE.
BUT, HELP KIND OF GET OUR HEAD
AROUND SOME OF THE CHALLENGES
THAT THE REPORT RAISED THAT WE
REALLY WANTED TO FIND A WAY TO
ADDRESS.
MY SENSE AT THIS POINT UNTIL
THE LEGISLATURE FINISHES THEIR
WORK, THERE IS A LOT OF
HYPOTHETICAL SCENARIOS AND IT
CAN BE EASIER TO LET THAT PLAY
ITS COURSE THE NEXT FIVE WEEKS
AND WE CAN EVALUATE WHAT'S IN
THE BILL THAT'S WILL PROBABLY
TAKE A FEW MORE WEEKS TO
NAVIGATE WHAT WAS DONE IN THE
END.
THEN WE WILL HAVE SOME CLARITY
ON WHAT WILL BE A GREAT BOD OF
OF WORK.
IF THERE ARE ISSUES THAT
REMAIN, WE CAN RECONVENE AND
TALK ABOUT WHAT'S NEXT.
>> SOUNDS GREAT THANK YOU.
>>> ITEM FIVE IS SHIP CANAL
WATER QUALITY PROJECT UPDATE.
>> GREETINGS.
THANK YOU.
INTRODUCTIONS?
>> KEITH WARD, MAMI HARA.
>> WHO WOULD LIKE TO KICK US
OFF?
>> THANK YOU COUNCILMEMBER
HERBOLD AND O'BRIEN.
BEFORE KEITH STARTS HIS UPDATE,
I WOULD LIKE TO TOUCH ON THE
PURPOSE OF THE SHIP CANAL.
THE WATER QUALITY PROJECT.
IT IS PART OF SEATTLE'S
COMBINED SEWER OVERFLOW PROGRAM
TO MEET STATE AND FEDERAL
REQUIREMENTS THAT ARE INTENDED
TO REDUCE THE SIZE AND NUMBER
OF SEWER OVERFLOWS.
SEATTLE PUBLIC UTILITIES
DEVELOPED A PLAN WHICH CONTAINS
SEVERAL PROJECTS TO SUPPORT ITS
CONSENT DECREE TO REDUCE,
COMBINE OVERFLOWS AND THE SHIP
CANAL PROJECT IS THE LARGEST OF
THE PROJECTS CONTAINED IN THE
PLAN.
IT WILL KEEP ON AVERAGE 75
MILLION GALLONS OF POLLUTED
STORM WATER AND SEWAGE OUT OF
LAKE UNION.
SUMMIT BAY, AND LAKE WASHINGTON
SHIP CANAL PER YEAR.
NEARLY 70% OF THE CITY'S CSOs
ASSOCIATED WITH THE PLAN OCCUR
FROM THE BASINS THAT FEED INTO
THOSE WATER BODIES.
AND SINCE WE LAST BRIEFED YOU,
WE HAVE GOOD NEWS ABOUT THE
PROJECT BUT I WILL LEAVE IT UP
TO KEITH TO TELL YOU ABOUT IT.
LASTLY, YOU'LL RECALL COUNCIL
APPROVED A BUDGET PROVIDER,
REQUIRING SPU TO GET
LEGISLATIVE APPROVAL BEFORE
PROCEEDING WITH DEVELOPMENT OF
THE TUNNEL AFTER ACHIEVING 100%
DESIGN COMPLETION.
I'M PLEASED TO TELL YOU THE
MAYOR EXPECTS TO TRANSMIT A
REQUEST IN THE NEXT TWO WEEKS
TO YOU.
I WILL LEAVE IT TO KEITH TO
TELL YOU ABOUT THE PROJECT.
>> GREAT.
THANKS.
THANK YOU FOR THE OPPORTUNITY
TO PRESENT AN UPDATE ON THE
PROJECT TODAY.
TODAY I WOULD LIKE TO PROVIDE A
PROJECT OVERVIEW.
THEN FOCUS ON THE PROJECT'S
SCHEDULE AND COSTS,
UNCERTAINTIES AND RISKS AND I
WILL CLOSE WITH COMMUNICATION
NEXT STEP.
SO, THE SHIP CANAL WATER
QUALITY PROJECT IS A STORAGE
TUNNEL TO REDUCE COMBINED
SEWAGE OVERFLOWS.
IT WILL IMPROVE WATER QUALITY
KEEPING AN AVERAGE OF 75
MILLION GALLONS OF POLLUTED
STORM WATER OUT OF SALMON BAY.
IN 2013, THE CITY SIGNED A
CONSENT DECREE WITH THE U.S.
DEPARTMENT OF JUSTICE, THE EPA
AND THE WASHINGTON DEPARTMENT
OF ECOLOGY ABOUT COMBINED
SEWAGE OVERFLOWS INTO THESE
WATER WAYS.
AND, THE PERFORMANCE
REQUIREMENT WHICH IS SHOWN HERE
IS THAT WE MUST HAVE LESS THAN
ONE OVERFLOW PER OUT FALL.
PER YEAR.
THAT'S ALL IN THE FUTURE.
THE SUPPLIES OF ALL OF THEIR
LOCATIONS, THIS IS A SHARED
PROJECT WITH KING COUNTY.
THE SHIP CANAL PROJECT WILL
ADDRESS FIVE OF SEATTLE'S OUT
FALLS AND TWO OF THE COUNTIES.
THIS MAP SHOWS THE KING
COUNTY'S BASINS THAT FLOW TO
THEIR TWO OUT FALLS IN GREEN.
AND, THE CITIES BASINS THAT
FLOW TO OUT FALLS IN PINK.
KING COUNTY ALSO HAS A CONSENT
DECREE IN THE SHIP CANAL AND
BOTH CONSENT DECREES REQUIRE WE
COMPLETE CONSTRUCTION ON THE
PROJECT BY THE END OF 2025.
>> SO, VISUALLY, IT LOOKS LIKE
THE KING COUNTY BASINS COVER A
LOT MORE AREA GEOGRAPHICALLY.
BUT YET.
THE JOINT PROJECT AGREEMENT HAS
THE SPLIT BETWEEN SEATTLE AND
KING COUNTY AT 65-35.
SO, WHAT THAT SAYS TO ME IS
THAT THE NUMBER OF ACRES IS NOT
AN INDICATION OF THE VOLUME OF
OUTFLOWS THAT WE ARE TRYING TO
ADDRESS.
IS THAT MORE OR LESS CORRECT?
>> YES AND NO.
IT IS, SEATTLE HAS MORE VOLUME
THAN THE COUNTY.
BUT THE WAY THAT COST SHARE WAS
DEVELOPED ABOUT FOUR OR FIVE
YEARS AGO WAS IF EACH AGENCY
WENT ON THEIR OWN AND YOU
TOTALED IT ALL UP, THEIR COST
WOULD HAVE BEEN ABOUT 35% AND
OURS WOULD HAVE BEEN ABOUT 65%.
SO, IT IS ACTUALLY VOLUME WISE,
SEAT HAS ABOUT 60% OF THE
VOLUME AND THEY HAVE 40%.
BUT IT IS BASED ON THE COST.
WHAT WOULD HAVE BEEN THE COST
HAD EACH AGENCY GONE SEPARATE.
THIS IS ALL IN THIS JOINT
PROJECT AGREEMENT RATIFIEDBACK
IN 2015, 2016.
>> AND SO, IS THAT JUST A
FUNCTION OF CONSTRUCTION COSTS
BEING LOWER OUTSIDE OF THE
CITY?
>> NO.
IT WAS ACTUALLY SPECIFIC TO
THESE AREAS.
SO, FOR EXAMPLE, THEY WOULD
HAVE, BOTH AGENCIES WOULD HAVE
HAD TO BUILD FOUR TO FIVE
UNDERGROUND STORAGE TANKS.
SO, SO IF FOR EXAMPLE, LET'S
SAY THAT THE TOTAL WAS $500
MILLION, THEIR CONSTRUCTION
COST, AND, ESTIMATED WAS ABOUT
35% OF THAT TOTAL.
SO, THIS IS ALL THOSE TANKS PUT
TOGETHER.
SO, THIS IS REALLY, THE
AGENCIES DID KIND OF TWO
SCENARIOS, IF WE ALL WENT ON
OUR OWN, HOW MUCH WOULD IT COST
AND IT WOULD COST ABOUT THE
SAME BUT A LOT MORE COMMUNITY
IMPACTS AN CONDEMNATION NEEDED.
AND THAT IS WHY WE CAME
TOGETHER TO DO THIS SHARED
STORY TUNNEL.
>> AND THAT'S LARGELY RELATED
TO THE NUMBER OF OUT FALLS.
SIPS WE HAVE FIVE.
AND THEY HAVE TWO.
WE WOULD HAVE NEEDED TO
CONSTRUCT SOME KIND OF STORAGE
AT THE END OF EACH OF THE OUT-
FALLS.
THAT'S WHY OUR PROPORTIONATE
SHARE OF COST WOULD BE HIGHER.
>> THANK YOU.
>> QUESTION ON THE CONSENT
DECREE AND THE REQUIREMENT OF
ONE PER AVERAGE, OVER 20 YEARS.
I ASSUME THAT WE USE, I DON'T
KNOW, SOME SORT OF HYDRO
GRAPHIC MODEL OR SOMETHING.
AND SO, WE CAN, AND I ASSUME WE
ARE IN AGREEMENT WITH ECOLOGY
AND THE EPA.
WE CAN WALK THROUGH WHAT WE ARE
DOING.
WE EXPECT WE WILL ONLY HAVE ONE
OVERFLOW PER YEAR.
BUT THE WORLD IS CHANGING
RAPIDLY IN WAYS WE DON'T
UNDERSTAND.
IS THIS WE GET TO A TECHNICAL
AGREEMENT BUT WE ARE IN
COMPLIANCE BECAUSE WE ARE IN A
SAFE HARBOR WHERE THE MODEL SET
EVER O IF WE START HAVING 100
YEAR EVENTS EVERY FIVE YEARS
AND OUR MODELS ARE WRONG AND WE
HAVE FOUR OVERFLOWS IN THE LAST
TEN YEARS, YOU GUYS NEED TO GO
BUILD MORE STORAGE OR DO
SOMETHING ELSE?
OR DO WE NOT KNOW THAT YET?
>> THAT'S A GREAT QUESTION.
AND, THIS IS THIS QUESTION
BEING ASKED AROUND THE COUNTRY.
>> WE WERE ONE OF THE FIRST TO
GET TO THE CONSENT DECREE.
>> A LOT OF CITIES ARE
REOPENING THEIR CONSENT
DECREES.
BECAUSE THEY ARE SEEING SO MUCH
MORE INTENSITY AND FREQUENCY OF
RAINFALL.
AND, YOU KNOW, SO, THERE ARE
CURRENT AGREEMENTS.
THEY DON'T ALLOW THEM TO MEET,
YOU KNOW, WHATEVER STANDARD HAS
BEEN SET IN AN AFFORDABLE WAY.
SO, THAT IS A GREAT QUESTION.
>> SO, IS IT UNRESOLVED AS TO
HOW THAT WORKS?
AT THE END OF 20 YEARS WE WILL
SEE IF YOU MET IT OR NOT OR AS
LONG AS YOUR MODELS SAY YOU
MEET IT, THAT IS FINE?
>> IT IS IN PERPETUITY.
WHAT WE HAVE DONE IS IS A LOT
OF WORK TO LOOK INCORPORATING
EXPECTED CLIMATE CHANGE INTO
OUR VOLUME WE NEED.
THAT'S ONE OF THE REASON WHY A
YEAR AGO, WE TALKED ABOUT
MOVING THE TUNNEL FROM 14-FOOT
TO 18-FOOT.
WE GO BACK 38 YEARS AND LOOK AT
PAST DATA AND TRY TO PREDICT
THE FUTURE.
THE LAST EIGHT OR NINE YEARS
HAVE BEEN SIGNIFICANTLY
DIFFERENT EVENTS.
ALSO OUR LINE OF BUSINESS IS
DOING SOME REALLY GOOD WORK.
I TALK ABOUT CONFIDENCE ON COST
ESTIMATING.
THEY ARE TALKING ABOUT
CONFIDENCE ON SIZING.
>> SO THIS IS ONE OF THE FEW
PROGRAMS THAT HAS INCORPORATED
CLIMATE MODELING RECENTLY INTO
ITS PROGRAM.
>> SPU IN PARTICULAR HAS HAD
SCIENTISTS WORKING ON CLIMATE
ISSUES FOR I DON'T KNOW.
OVER A DECADE.
MAYBE DECADES.
AND SO, I'M NOT TOTALLY IN THE
SCIENCE WORLD.
BUT WE HAVE SOME OF THE BEST
EXPERTS HERE LOCALLY.
>> THE UTILITY IS WORKING
AGGRESSIVELY TO INCORPORATE
CLIMATE SCIENCE INTO ALL OF ITS
WORK.
BUT, YOU KNOW, IT'S A PROCESS.
AND SO FOR THIS DRAINAGE AND
WASTE MODELING, IT IS FAIRLY
RECENT.
AND WE WOMAN STARTED DOING THAT
ABOUT TWO YEARS AGO.
>> OKAY.
>> SO, THE SHIP CANAL PROJECT
IS THE MOST IMPORTANT CSU
PROJECT BECAUSE OF THE VOLUME
AND FREQUENCY OF OVERFLOWS.
THIS SHOWS THE TOTAL COMBINED
SEWAGE OVERFLOW.
THE GRAY WEDGE SHOWS THAT 80 OF
ARIOT FALLS OVERFLOWED 8.1
MILLION GALLONS IN 2018.
THIS IS ABOUT 16% OF THE TOTAL
VOLUME.
THE YELLOW SHOWS THE OVERFLOW
VOLUMES.
44.5MILLION.
IN 2018, THEY WERE 84% OF ALL
THE CITY'S COMBINED SEWAGE
OVERFLOW VOLUME AND THE SHIP
CANAL PROJECT IS AN IMPORTANT
PART OF PROTECTING THE REGION'S
WATER QUALITY.
THIS IS A PLANNED VIEW OF THE
PROJECT.
THE PRODUCT INCLUDES A 2.7-MILE
LONG 18-FOOT TEN-INCH DIAMETER
STORAGE TUNNEL THAT WILL GO
FROM BALLARD TO WALLINGFORD.
THE ALIGNMENT OF THE TUNNEL IS
SHOWN IN DARK BLUE ON THIS
PURPOSE.
CONSTRUCTION IS IN THE FIVE
NEIGHBORHOODS SHOWN.
INCLUDING FIVE DROP SHAFTS TO
TAKE FLOWS FROM EXHIBITING
PIPES.
THERE WILL BE AN EXTENSION IN
BALLARD AND A CONVEYANCE UNDER
THE TUNNEL BETWEEN FREMONT AND
QUEEN ANNE.
OUR DESIGN AND CONSTRUCTION
SCHEDULE IS CRITICAL.
THIS SHOWS OUR DESIGN AND
CONSTRUCTION SCHEDULE FOR OUR
FIVE MAJOR CONSTRUCTION
PACKAGES ON THE TOP LEFT.
THESE PACKAGES ARE IN VARIOUS
STAGES OF DESIGN WHICH IS IN
THE LIGHT BLUE AND CONSTRUCTION
IN THE DARK BLUE AND THE ORANGE
LINE SHOWS WHERE WE ARE AT
TODAY.
THIS IS OUR REGULATORY DEADLINE
WHEN THE WHOLE SYSTEM MUST BE
OPERATIONAL BY THE END OF 2025.
OVERALL, OUR SCHEDULE SHOWS WE
ARE ON TRACK.
THE RED STAR SHOWS THE PUMP
STATION WILL FINISH
CONSTRUCTION AND BE
OPERATIONALLY COMPLETE IN
ADVANCE OF THE DEADLINE.
THE THE BALLARD EARLY WORKS IS
IN CONSTRUCTION.
THIS YEAR, THE LARGEST
CONSTRUCTION PACKAGE.
ROW 2, BEGINS PRECONSTRUCTION
NEAR THE END OF THIS YEAR.
IT INCLUDES BOTH TUNNELS T DROP
SHAFTS AND WORK IN ALL FIVE
NEIGHBORHOODS.
THE REMAINING PACKAGES WILL
CONNECT EXISTING BASINS TO THE
TUNNEL.
COMPLETE THE PUMP STATION.
BRING THE SYSTEM ONLINE AND
MOVE INTO DESIGN.
WE ARE CURRENTLY BIDDING THE
STORAGE TUNNEL PACKAGE.
I WILL TALK A LITTLE MORE ABOUT
THAT.
A COST UNCERTAINTY DECREASES AS
THE PROJECTS MOVE LEFT TO RIGHT
AND WE WILL TALK ABOUT THIS
MORE ON FUTURE SLIDES.
>> BEFORE WE MOVE ON, CAN YOU
TALK ABOUT THE BALLARD EARLY
WORK GOING ON?
>> PERFECT, I WILL TALK A
LITTLE BIT ABOUT THAT.
SO I MENTIONED WE HAVE A
PROJECT IN CONSTRUCTION.
THIS IS OUR 13 MILLION BALLARD
EARLY WORK PROJECT.
THE FOCUS OF THIS PROJECT IS TO
PREPARE THE BALLARD SITE FOR
THE START OF FUTURE TUNNELING
OPERATIONS.
THIS IS VERY COMMON IN
TUNNELING PROJECTS.
IT IS ON SCHEDULE AND SLIGHTLY
UNDER BUDGET.
OUR BID PRICE ABOUT $650 LESS
THAN OUR RENT ENGINEERS
ESTIMATE.
WE ARE HALFWAY THROUGH
CONSTRUCTION.
IF YOU LOOK AT THE RIGHT SIDE,
CONSTRUCTION OF THE NEW
CONCRETE PEER THAT WILL BE USED
TO DISPOSE OF SOILS IN THE
TUNNELING AND REDUCE 17,000
TRUCK TRIPS SPECIFICALLY IN
THAT AREA.
AFTER CONSTRUCTION, THIS PEER
WILL AGAIN BE OPEN TO THE
PUBLIC.
AND SHOWN ON THE LEFT,
INSTALLATION OF A NEW WATER
LINE USING TRENCHLESS METHODS.
THIS WILL BRING WATER TO THE
SITE FOR TUNNELING OPERATIONS.
>> HOW DOES THIS ELIMINATE
TRUCK TRIPS?
>> SORRY, SO WE WILL ACTUALLY
BE BRINGING A CONVEYER BELT
FROM THE BEGINNING OF THE
TUNNELING OPERATIONS NEARBY.
OVER TO THAT AND LOAD THE SOILS
ONTO BARGES AND TAKE THOSE TO A
DISPOE ALL-STAR SITE.
>> THANK YOU.
>> SINCE WE LAST BRIEFED YOU,
WE HAVE INCREASED OUR
CONFIDENCE ON OUR $570 MILLION
FROM 65 TO 70%.
>> GOOD NEWS.
>> YES.
WE ARE ALSO ON SCHEDULE.
I THINK THAT IS PRETTY GOOD
NEWS TOO.
BUT THIS IS ALWAYS A BIG ONE.
WE ALWAYS FOCUS ON THIS OF
COURSE.
SO, 70% CONFIDENCE MEANS THAT
THERE IS A 70% CHANCE THAT
COSTS WILL BE AT OR BELOW THE
ESTIMATED COST AND A 30% CHANCE
THE ESTIMATED COST WILL BE
EXCEEDED.
THE SHARE ON THE $570 MILLION.
I WANT TO PUT IN THE COST THAT
THE TWO AGENCIES SHARED.
TWO ARE PAID FOR ONLY BY SPU
BASED ON OUR ORIGINAL AGREEMENT
AND THEY ARE A SIGNIFICANT
AMOUNT OF WORK TO GET THE WATER
TO THE STORAGE TUNNEL.
SO WE PRESENTED A PROJECT COST
UPDATE IN MAY OF 2018.
LY WALK THROUGH OUR JANUARY
2019 COST ESTIMATE RELATIVE TO
OUR MAY COST ESTIMATE.
SORRY, JANUARY, 2019.
YES.
AND TALK ABOUT THE COST
CATEGORIES THAT BUILD UP THIS
ESTIMATE.
OUR CURRENT ESTIMATE REFLECTS
COST AND SCOPE REDUCTIONS THAT
WE HAVE BEEN WORKING ON SINCE
APRIL OF 2018.
SO, IN THE FIRST ROW, OUR BASE
COSTS.
THESE ARE OUR NORMAL
CONSTRUCTION COSTS IN TODAY'S
DOLLARS.
THINGS LIKE CONCRETE, REBAR,
SKILLED LABOR.
ENGINEERING.
OUR HARD, SOFT, AND PROPERTY
ACQUISITION.
THESE ARE AT $438 MILLION
CURRENTLY.
DECREASED BY $9 MILLION SINCE
OUR CITY OF SEATTLE TEAM WORKED
TOGETHER TO FIND SAVINGS LAST
SUMMER AND BETTER VALUE BY
ELIMINATING OUR SOCIAL PIPE
PACKAGE.
THIS WAS A 1500-FOOT LONG PIPE
THAT WOULD HAVE GONE UNDER THE
FUTURE BERT GILLMAN TRAIL.
THE TEAM DID SOME GREAT WORK TO
FIGURE OUT WE CAN USE AN
EXISTING NEARBY SEWER PIPE IN
ORDER TO NOT BUILD THAT PROJECT
ELEMENT.
IN THE SECOND ROW IS
ESCALATION.
THIS IS WHAT IT WILL COST TO
COMPLETE THE PROJECT IN THE
FUTURE.
IT IS CURRENTLIEST MATED AT 64
MILLION.
THIS INCREASE REFLECTS UPDATED
INFORMATION AND CHANGES IN THE
PRODUCT'S SCHEDULE.
AND DELAYS CAN AND DO INCREASE
COSTS.
WE ARE FOCUSED ON KEEPING
THINGS ON SCHEDULE.
IN THE THIRD ROW, WE INCLUDE
UNCERTAINTY.
BECAUSE WE CAN'T KNOW
EVERYTHING ABOUT THE DESIGN OR
BID PRICES.
AND RISK.
BECAUSE CONSTRUCTION PROJECTS
HAVE RISKS.
WE PLAN WITH TOOLS LIKE OUR
RISK REGISTERS AND INTEGRATE
THEM INTO OUR COST INESTIMATES.
THERE IS AN ESTIMATE IN A $4
MILLION INCREASE FOR
UNCERTAINTY AND RISK COSTS.
BECAUSE OF SCOPE CHANGES THAT I
TALKED ABOUT, WE WERE ABLE TO
INCREASE OUR COST RESERVES.
SO, WE PUT THOSE SAVINGS INTO
THE COST RESERVES.
THAT INCREASES COST RESERVES,
INCREASED RESERVES INCREASE OUR
CONFIDENCE.
OUR BUDGET.
OUR COST ESTIMATE CONFIDENCE.
WE ARE NOW AT 70%.
AND, MOST OTHER AGENCIES BUDGET
BETWEEN 50 AND 80%.
SO, I LIKE WHAT WE ARE AT RIGHT
NOW.
>> AND, CAN YOU TALK A LITTLE
BIT ABOUT THE SCHEDULED RISK
IMPACT ESCALATION?
>> SURE.
>> AND IS IT ADVISABLE TO BE
BUDGETING FOR THAT AND WE ARE
NOT OR IS THERE SOME REASON WHY
WE DON'T NEED TO?
>> THANK YOU FOR POINTING THAT
OUT.
WE DID IN THE THIRD ROW, WE DO
HAVE SOME COST RESERVES FOR
SOME SCHEDULE IMPACTS.
WHEN WE DID OUR EVALUATION LAST
YEAR, THERE WAS A WORST CASE
SCENARIO IF EVERYTHING PUSHED
OUT IN TIME.
BASED ON OUR DISCUSSION, BOTH
AGENCIES DECIDED TO NOT BUDGET
FOR THAT.
THAT WOULD NOT BE NORMAL TO
BUDGET FOR THAT.
BUT THAT HELPS GIVE US A
MAGNITUDE OF HOW IMPORTANT IT
IS TO MANAGE BASED ON SCHEDULE.
>> THAT IS INDEED GOOD NEWS AND
THANK YOU FOR DELIVERING IT.
>> YES.
AS PART OF OUR COST WORK IN
EARLY 2018, WE WORK WITH THE
EXECUTIVE AND COUNCIL TO
IDENTIFY POSSIBLE SCOPE AND
COST REDUCTIONS.
THESE WERE INCLUDED IN OUR COST
ESTIMATES AT THE TIME IN OUR
$570 MILLION BUDGET.
SINCE THEN, WE HAVE CONTINUED
WORK, WE HAVE CONTINUED TO WORK
TO REALIZE THESE COSTS
REDUCTIONS AS WELL AS OTHERS.
I WANT TO UPDATE YOU ON THIS
EFFORT.
WE HAVE BEEN ABLE TO PARTIALLY
OR FULLY REALIZE FOUR SCOPE
ADJUSTMENTS SHOWN IN THE LEFT
BOX, INCLUDING PLANS FOR A
REFURBISHED TUNNEL BORING
MACHINE.
CONSTRUCTION STAGING SAVINGS.
AND ALSO, STREET USE PERMIT
CREDITS.
WE WERE NOT ABLE TO REALIZE
THREE OF THE SCOPE ADJUSTMENTS.
THE WALLINGFORD PROJECTS COULD
NOT BE CONSTRUCTED EARLIER DUE
TO CONSTRAINTS.
DUE TO REDUCTIONS, THE BID
ALTERNATIVE AND ODOR CONTROL
WERE NOT REALIZED BECAUSE WE
MADE OTHER BIGGER CHANGES.
BY REMOVING THE PIPE FROM THE
PROJECT, WHICH CREATED A NET
SPECIFIC ADJUSTMENTS.
IT IS PRIMARILY BECAUSE BY
UTILIZING THE EXISTING PIPE AS
OPPOSED TO THE LARGER DIAMETER
PIPE, A 48, A 42, BUT A
DIFFERENT SLOPE.
WE WILL NEED TO DRAIN THE
TUNNEL AT A SLOWER RATE.
AND BECAUSE OF THAT, WE WILL
HOLD THE COMBINED SEWAGE FOR A
LONGER PERIOD SO WE WANT TO
HAVE ODOR CONTROL AND WE NO
LONGER WANTED TO ENTERTAIN A
SMALLER BID ALTERNATIVE.
ALL THIS WAS VALIDATED BASED ON
MODELING TO MAKE SURE WE ARE
STILL OKAY IN THE LONG RUN.
WE ARE NOT ABLE TO REALIZE THE
COST SAVINGS BUT THEY ARE PART
OF A GREATER COST SAVINGS IN
THIS SENSE.
>> YOU MENTIONED IN THE TIME
LINE SHOWN, THE STORAGE TUNNEL
IS OUT FOR BID.
AND CONSTRUCTION SHOULD START
BY THE END OF THIS YEAR.
AND, I CAN'T TELL HOW BIG A
PIECE OF IT BUT I IMAGINE
THAT'S A LARGE CHUNK OF THE
PROJECT.
WHEN WE GET THE BIDS BACK, WILL
THAT FURTHER REDUCE RISK?
>> YES.
>> SO THAT IS A BIG MILESTONE.
>> AND I WILL TALK MORE ABOUT
THAT.
WHEN YOU THINK ABOUT THAT, COST
ESTIMATING UNCERTAINTY.
I WILL TALK ABOUT THAT.
ONCE WE GET THE BIDS IN, THE
UNCERTAINTY GOES AWAY.
LY TALK ABOUT THAT IN A COUPLE
OF MINUTES.
WE WILL AT LEAST KNOW WHAT IT
IS.
WE ARE DOING A LOT OF WORK TO
MAKE SURE WE GET THE GOOD BIDS
FROM THE RIGHT PEOPLE.
WE ARE NEVER STOPPING THIS.
>> OKAY.
SO WE ARE CONSTANTLY, OUR
UNCERTAINTY AND COST ESTIMATES
DECREASE.
FOR EXAMPLE, IN THE PAST NINE
MONTHS WE RECEIVED BIDS ON THE
BALLARD EARLY WORKS PROJECT.
THAT CAME IN UNDER OUR BID
AMOUNT.
IT MOVED FROM 90 TO 100%
DESIGN.
THE UNCERTAINTY DECREASES.
WE PROACTIVELY MANAGE RISKS
THAT COULD IMPACT THE PROJECT
COST OR SCHEDULE.
EACH MONTH WE LOOK AT OUR TOP
RISKS WHICH IS SHOWN HERE AND
KIND OF WHAT WE CALL A TORNADO
DIAGRAM.
AND WE ASSESS THEIR LIKELIHOOD
AND IMPACT.
WE ALSO UPDATE OUR UNCERTAINTY
AND RISK CONFIDENCE MODEL EVERY
FOUR MONTHS.
IN THE NEXT THREE SLIDESLY
DISCUSS THREE KEY RISKS ON THE
PROJECT NOW.
IT RELATES TO THE CONSENT
DECREE MILESTONES.
WE ARE TRENDING WELL AS I SAID
EARLIER.
TO MEET OUR CONSTRUCTION
COMPLETE MILESTONE AT THE END
OF 2025 WITH A ONE YEAR
STABILIZATION PERIOD IN 2024
AND 2025.
OTHER RISK EVENTS AND DELAYS,
WE ARE ARE GETTING THE BEST
CONTRACTORS WE CAN HAVING
EXPERTS MONITOR THE WORK OF OUR
CONTRACTORS.
WE PLACE A GREAT DEAL OF TEAM
AND MANAGEMENT FOCUS ON KEEPING
EACH PROJECT ON TRACK LOOKING
FOR WAYS TO ACCELERATE OUR
DESIGNS TO MITIGATE THIS RISK.
AN UNCERTAINTY WE ARE MANAGING
IS THE STORAGE TUNNEL
CONSTRUCTION PACKAGE.
IT IS OUR LARGEST CONSTRUCTION
PACKAGE BY FAR SO IT HOLDS
SIGNIFICANT COSTS UNCERTAINTY
FOR THE OVERALL PROJECT.
WE ARE MANAGING THIS
UNCERTAINTY IN MANY WAYS.
OVER A YEAR WE HAVE REACHED OUT
TO POTENTIAL BIDDERS INCLUDING
MINORITY AND WOMEN ENTERPRISES.
THIS IS AN INDUSTRY VIEW OF OUR
DESIGN AND SPECIFICATION INS
THE SUMMER OF 2018 WHERE WE
RECEIVED OVER 200 COMMENTS FROM
TUNNELING AND SPECIALTY
CONTRACTORS.
WE HAD A BIDDING MEETING WHERE
WE HAD OVER 60 ATTENDEES.
THE SECOND OF THESE HAPPENING
AS WE SPEAK OUT IN BALLARD.
WE ARE CONTINUING EFFORTS LIKE
THIS THROUGHOUT BIDDING.
THE LAST YEAR, WE HAVE BEEN
FINISHING UP THE TUNNEL DESIGN.
THIS MEANS WE ARE REDUCING
UNCERTAINTY IN OUR COST
ESTIMATE AMOUNT.
IT WAS PLUS 30% MINUS 10.
AND NOW, OUR RANGE HAS
DECREASED TO PLUS 20 MINUS 5.
OKAY?
OUR CURRENT COST ESTIMATE SHOWN
HERE IS $220 MILLION.
IN ORDER TO MANAGE OUR RISKS,
WE ARE EVALUATING THE BIDS.
SO, MY FOCUS IS THE MAKE SURE
WE HAVE GOOD QUALITY AND
QUANTITY OF BIDS.
SO, WE HAVE A MAJOR MILESTONE
FOR THIS UNCERTAINTY
APPROACHING.
WE ARE CURRENTLY ADVERTISING
THE CONSTRUCTION PACKAGE FOR
BIDS AND RECEIVE THEM IN THE
SUMMER AND HAVE MORE CERTAINTY
ON ABOUT 80% OF OUR TOTAL
CONSTRUCTION COSTS.
>> CAN YOU JUST EXPLAIN A
LITTLE BIT MORE ABOUT HOW WHAT
YO JUST DESCRIBED AS
PREPARATION FOR THE BID PROCESS
HELPS MANAGE UNCERTAINTY?
>> SURE.
THE MORE CONTRACTORS KNOW ABOUT
THE PROJECT.
A LOT, SO IT IS KNOWLEDGE ABOUT
THE PROJECT, COMFORT WITH THE
OWNER THEMSELVES.
AND THEIR ABILITY TO WORK WITH
THE OWNER.
AND ALSO, I WOULD SAY, RISK.
AND RISK TRANSFER.
SO, WE HAVE DONE A LOT OF
OUTREACH EVENTS.
I PERSONALLY HAVE BEEN THROUGH
MANY TUNNELING CONFERENCES
TALKING TO MANY.
AND TUNNELING CONTRACTORS BUT
ALSO SECOND TIER SUBS.
PEOPLE WHO MAKE PUMPS,
REENFORCING SO THEY KNOW ABOUT
THIS PROJECT.
WE HAVE BEEN PUSHING OUT
NOTICES TO PEOPLE.
THE ENTIRE INDUSTRY WAS ABLE TO
REVIEW OUR 40% PLANS LAST
SUMMER SO THEY HAVE BEEN
THINKING ABOUT WAYS TO DO IT
BETTER AND INFORMING US.
AND LASTLY, RISK TRANSFER IS A
BIG THING.
AS AN OWNER WE HAVE TO THINK
WHO IS THE RIGHT PERSON TO HOLD
THE RISK.
SO, WE HAVE FOR EXAMPLE, WE
HAVE PUSHED OF COURSE SOME OF
THE RISK OP DELAYS TO THEM.
THEY HAVE TO HIT CERTAIN DATES,
THEY HAVE TO HIT A DATE TO BE
OFF OF OUR BALLARD SITE SO WE
CAN STOP OUR PUMP STATION.
IF THEY DON'T HIT THAT DATE,
THEY START INCURRING LIQUIDATED
DAMAGES.
THAT A RISK THEY CLEARLY OWN.
OTHER RISKS WE HAVE TAKEN ON.
SO, THEY UNDERSTAND THAT RISK
TRANSFER.
>> THAT'S HELPFUL.
THANK YOU.
>> COUNCILMEMBER O'BRIEN?
>> THIS IS A 17, 18-FOOT
TUNNEL?
>> ROUGHLY THE SIZE OF THE
LIGHT RAIL.
CONSTRUCTION COMPANIES WOULD
SAY YEAH, THIS IS SIMILAR
ENOUGH.
WE WOULD DO THAT OR THESE ARE
COMPLETELY DIFFERENT WORLDS?
>> WE LIKE TO REFER TO OUR
TUNNEL AS BRAND AND BUTTER.
BERTHA WAS 55-FOOT DIAMETER.
WE ARE TOTALLY IN THE
CONVENTIONAL REALM.
THERE'S A LOT OF REFURBISHED
TUNNELING MACHINES THEY WILL
LIKELY BE ABLE TO UTILIZE.
SO, WE EXPECT THAT, AND THE
CONTRACTORS WE ARE TALKING
ABOUT DO THESE TYPES OF
TUNNELS.
THIS IS BY FAR THE MOST
PREVALENT DIAMETER TUNNEL.
THE SOIL CONDITIONS, THERE'S
BEEN A LOT OF TUNNELING IN
SEATTLE SO WE HAVE A LOT OF
GOOD DATA ON THAT.
I WANT TO EMPHASIZE, THE COUNTY
JUST PUT IN AN EIGHT FOOT
DIAMETER TUNNEL ABOUT A
FOOTBALL FIELD AWAY.
WE HAVE A TEST TUNNEL FOR THAT
TUNNEL AS WELL.
AND WE SUPPLIED ALL THAT
INFORMATION TO THE BIDDERS.
>> IT IS LIKELY WE WILL SEE
BIDS FROM OTHER COMPANIES.
THIS IS A TUNNELING VERSUS A
WATER PROJECT.
THERE IS A LOT OF SIMILARITIES
IN THE CONSTRUCTION WORLD.
>> EXACTLY.
AND THE SIMILARITIES ARE NOT
ONLY TUNNELS BUT DEEP SHAFTS.
THAT IS AN IMPORTANT PART OF
THIS PROJECT.
TUNNELING FIRMS DON'T USUALLY
DEEP SHAFT SO THEY WILL PARTNER
IN A JOINT VENTURE WITH SOMEONE
ELSE AND THERE IS SOME STANDARD
PIPING PROJECTS AND UNDERGROUND
STRUCTURES.
>> OKAY.
OKAY.
>> SO WE WORK TO KEEP
CONSTRUCTION IMPACT TO A
MINIMUM.
BUT LARGE CONSTRUCTION PROJECTS
ALWAYS HAVE MORE RISKS.
FOR THIS PROJECT, CONSTRUCTION
IMPACTS LIKELY INCLUDE SEVEN
YEARS OF CONSTRUCTION NOISE.
WE HAVE NOISE MITIGATION
APPROACHES.
SOUND WALLS, ADJUSTED WORK
HOURS BUT WE STILL HAVE, THIS
WILL STILL ALWAYS BE AN ISSUE
THAT WE WILL ALWAYS BE WORKING
ON.
INCREASED TRAFFIC.
CHARGES REDUCE ABOUT 17,000
TRUCK TRIPS.
WE ARE WORKING TO MAKE
TUNNELING OPERATIONS
SUCCESSFUL.
WE HAVE HIRED A CONSULTANT FOR
TUNNELING TO BE PART OF OUR
TEAM.
AND WE ARE LOOKING AT OUR
SPECIFICATIONS TO ENSURE BEST
PRACTICES.
PART OF OUR CONSTRUCTION
OVERSIGHT TEAM.
WE ARE DEVELOPING RESPONSE AND
COMMUNICATION PLANS SO STAKE
HOLDERS AND THE PUBLIC WILL
HAVE GOOD INFORMATION.
THIS INCLUDES IN BUILDING UPON
THE SIGNIFICANT OUTREACH WE
HAVE DONE IN THESE FIVE
NEIGHBORHOODS THE PAST FOUR
YEARS OF THE PROJECT NECESSARY
FAR.
I WOULD LIKE TO EMPHASIZE THE
IMPORTANCE OF BEING PREPARED.
WE CAN'T ELIMINATE ALL RISK AND
UNCERTAINTY BUT WE CAN PREPARE
FOR THEM SO WE ARE SPENDING A
LOT OF TIME AND EFFORT ON THAT.
LASTLY, WE WILL CONTINUE TO
COMMUNICATE WITH YOU ON A
REGULAR BASIS ABOUT THIS
IMPORTANT PROJECT.
THROUGH OUR SEMIANNUAL REPORTS,
PLUS, WE HAVE UPCOMING, OTHER
UPCOMING MILESTONES.
AS MOMMY DISCUSSED IN APRIL AND
MAY, WE WILL REQUEST
AUTHORIZATION TO PROCEED WITH
THE PHYSICAL CONSTRUCTION.
IN SUMMER WE WILL KNOW THE BID
PRICE OF THE CONSTRUCTION
CONTRACT PACKAGE AND HAVE AN
UPDATED UNCERTAINTY RISK MODEL
AND UPDATED OVERALL PROJECT
BUDGET AND CONFIDENCE.
AND WE PLAN TO COME BACK TO YOU
WITH THIS NEW INFORMATION AND
THESE ATEMPORARY UNEMPLOYMENTS
LATER THIS SUMMER.
>> SO, WE WILL HAVE BIDS IN THE
SUMMER?
>> UH-HUH.
>> WHAT IS THE TYPICAL AMOUNT
OF TIME IT TAKES WHEN YOU HAVE
THE BIDS TO MAKE A DECISION AND
EXECUTE A CONTRACT?
>> THE FIRST THING WE DO, WE
ANALYZE THE BID TO MAKE SURE
THEY FIT THE REQUIREMENTS.
WE WILL KNOW WHETHER THE BIDS
ARE GOOD WITHIN A WEEK TO TWO
WEEKS.
PART OF THE WORK WE WILL DO
WITH MAMI AND OUR PARTNERS IN
THE COUNTY, IF THE BID AMOUNTS
ARE AT CERTAIN LEVEL WHERE WE
TARGET THEM, WHAT WELD WE DO IF
THEY ARE HIGH INSTRUCT HER WHAT
WOULD WE DO IF THEY ARE LOWER?
SO, WE WANTED TINGS YOU KNOW,
REALLY EVERYDAY, WE WANT TO
MOVE INTO AWARDING THE
CONTRACTS TO THE RIGHT BIDDERS.
>> SO AGAIN, JUST BALLPARK.
I KNOW THAT PROBABLY IT TAKES
--
>> FROM WHEN WE ACTUALLY
RECEIVE THE BIDS?
>> YEAH.
>> SO, TO ACTUALLY AWARDING THE
BID.
>> YEAH.
AND THEN THE CONTRACT.
>> ABOUT TWO WEEKS TO AWARD THE
BID.
>> THAT'S QUICK.
AND THEN, IS THERE SORT OF A
STANDARD AMOUNT OF TIME THAT IT
TYPICALLY TAKES TO NEGOTIATE
THE CONTRACT?
>> THE CONTRACT IS ALL LAID
OUT.
>> BECAUSE OF THE SPECIFICATION
OF THE BID ITSELF.
>> WE WON'T PROBABLY EXECUTE
THE CONTRACT WITH THEM UNTIL
ABOUT FOUR TO EIGHT WEEKS AFTER
WE AWARD.
WE OF COURSE WANT TO AIM TOWARD
THE FOUR WEEK PERIOD THOUGH.
>> GREAT.
AND THEN, THE MILESTONE TIME
LINE THAT YOU PROVIDED SHOWED
CONSTRUCTION HAPPENING IN MID
201.
BUT WE HAVE GROUND BREAKING ON
2010.
WHAT'S THE REASON?
>> EARLY 2020?
>> YEAH.
>> SO, THE CONTRACTOR WOULD
MOBILIZE TO THE BALLARD SITE
PUTTING UP FENCING.
OFFICE SPACE, LATE IN 2019.
ACTUALLY, THE FIRST THING THEY
WILL DO FROM AN ACTIVE
CONSTRUCTION WILL BE STARTING
THAT 120-FOOT DEEP SHAFT ON THE
BALLARD SITE TO START TUNNELING
OPERATIONS.
SO WE ARE TARGETING THE GROUND
BREAKING TO BE MORE TOWARD
AROUND THAT EVENT, HOPEFULLY IN
EARLY FIRST QUARTER OF 2020.
>> THE TIME LINE THAT SHOWS
CONSTRUCTION STARTING IN MID
2019, MID LATE 2019, THAT IS
MORE PRECONSTRUCTION.
>> CORRECT.
THAT IS ACTUALLY ONCE WE AWARD
THE CONTRACT, THAT IS WHEN WE
SWITCH FROM DESIGN TO
CONSTRUCTION.
>> GREAT.
>> SO THERE WOULD BE A LOT OF
SUBMITTALS ORDERING THE TUNNEL
BORING MACHINE AND SUCH.
>> AND SO, WE ARE EXPECTING YOU
BACK WITH THE PROPOSED
ORDINANCE TO LIFT THE PROVISO
SOME TIME NEXT MONTH OR IN MAY?
>> APRIL OR MAY.
WE ARE SUBMITTING IT IN TWO
WEEKS AND THEN I KNOW THAT, WE
ARE WORKING WITH COUNCIL STAFF
TO FIND THE RIGHT TIME TO COME
IN.
>> ANYTHING TO ADD BRIAN?
GREAT.
WELSHING THANK YOU FOR COMING
AND PREPARING US FOR THAT NEXT
STEP THAT WE NEED TO TAKE
TOGETHER WITH YOU.
AND JUST REALLY APPRECIATE THE
WORK THAT YOU ARE DOING.
AND, CONGRATULATIONS AGAIN ON
THIS NEXT REACHING THIS
PARTICULAR MILESTONE.
AND, I LOOK FORWARD TO TALKING
TO YOU MORE AND LEARNING MORE.
>> THANK YOU.
>> WE DO APPRECIATE COUNCIL
STEWARDSHIP OVER THIS PROJECT.
THANK YOU.
>> ALL RIGHT.
>>> ALL RIGHT.
WITH THAT, IT IS 11:36 A.M.
AND I WILL ADJOURN THE MEETING.