Zenobia Joseph - Citizen Communications.pdf — original pdf

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June 22, 2021 Citizen’s Communication Memorandum for Planning Commission THRU Staff Liaison Andrew Rivers <Andrew.Rivera@austintexas.gov> Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 1. Statutory Authority: Title VI of the Civil Rights Act of 1964 “is a Federal statute and provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance” (FTA C 4702.1B, 2012, Ch. I-7). See Environmental Justice, Ch. I-6. Capital Metropolitan Transportation Authority’s (“Capital Metro”) $7.1B Project Connect/rail is contingent on 45% Federal funding. June 3, 2018 Cap Remap discriminatory 52 route changes undergird Project Connect and helped kill Hinojosa’s Downtown tunnel bill (HB 3893). Blacks and Community First! Village wait 60 minutes for the bus as South/West/Central Austin whites enjoy 6 minutes. 2. Submit Formal Comment: Capital Metro used North Lamar Transit Center (“NLTC”) minority data to secure a $900K Equitable Transit-Oriented Development Grant, but north of US 183 Project Connect Orange Line rail is 24-30 years in *TxDOT’s right-of-way.1 ➢ Orange Line: https://www.federalregister.gov/documents/2021/05/24/2021-10865/preparation-of-an-environmental- impact-statement-for-the-capital-metro-orange-line-project-in-austin [*Texas Department of Transportation (“TxDOT”)] ➢ Blue Line: https://www.federalregister.gov/documents/2021/05/24/2021-10866/preparation-of-an-environmental- impact-statement-for-the-capital-metro-blue-line-project-in-austin#open-comment January 28, 2019 Capital Metro Chair/lawyer Wade Cooper admitted Disparate Impacts. February 25, 2019 Boardroom named Rosa Parks! “It is also undeniable that individuals may have seen, in particular areas, changes that did not help those individuals and maybe disadvantaged those individuals. . . . We hear the pain and challenge, particularly, with respect to the Eastside community.” August 7, 2020 FTA funding requires “implementing the least discriminatory alternative,” but Cooper maintains Black inequities. Title VI FHWA Transit Precedent Dayton Blacks v. Beavercreek, OH Denying Blacks equal access on federally-funded roadways run by TxDOT violates Title VI! Actors falsely conflate Ridership (white riders) with coverage (lifeline) Cap Remap maintains the racist status quo: Infrequent, Unreliable, Disconnected Northeast Buses! Northeast bus service Before 2018, 35-min Peak “New” Route 339 was a restored number from ServicePlan2020 Worsened: 60 min all day only for Blacks, but fooled the FTA! June 10, 2020 AI-2020-1273 (p. 48); August 7, 2020 (p. 52) August 7, 2020 Project Connect Resolution ID# AI-2020-1297 (p. 34) Bus to UPS stops at 9:10PM Blacks can’t work 2nd Shift TxDOT/FM 969: Craigwood (Blacks walk 1 mile to Frequent 18-MLK) Disparate Impact: June 3, 2018 Planner Roberto Gonzalez unilaterally took 3 hrs off #339. 1 Mobility Committee (2021, May 15). Item 4: e-TOD Orange/Blue Lines (56:04: S. Mukherjee, Capital Metro): https://austintx.new.swagit.com/videos/118706 Eastbound, Weekday June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 2 3. History: “Austin is Most Economically Segregated Metro Area.”2 A “minority-majority” area, North Lamar is known as “the City’s immigrant gateway having a large share of foreign-born immigrants, especially those from Latin America.”3 Interstate 35 (“I-35”), formerly East Avenue, divides the City of Austin. Historically, Whites live West; 1928 City Plan relegated Blacks to East Austin for services (e.g., water), now gentrified. Hispanics live South and North is mixed (Blacks, Hispanics, Asians). US 183 is the new divide. a. Research: Joseph, Z. C. (2009, Summer). "I-35 Divide" Conundrum: Can a True Community-University Partnership Grant Austin's Gifted/Talented K-12 African-American Males Access to College? Harvard Journal of African American Public Policy, XV, 9-35. Retrieved from https://www.semanticscholar.org/paper/%22I-35-Divide%22-Conundrum%3A-Can-a-True-Partnership-to- Joseph/aa81e5e69a8f975f561f2c943b7502b764d6cb3a b. Homeless Problem: In 2017, “Black or African American [was] overrepresented in the local homeless population. Although the Black population makes up 8% of the total Travis County population, 42% of the homeless population identify as Black” (p. 17). CAN Dashboard noted in 2019, “Black or African American are overrepresented in the local homeless population. Although the Black population makes up 8% of the total Travis County population, 42% of the homeless population identify as Black” (p. 7). c. Racialized Routes: Capital Metro denies job access, running the Craigwood bus (Route 339) with 3 less hours, twice the wait as before June 3, 2018. Most egregious discriminatory routes: #335 runs empty Mueller to MoPac: 15 minutes; #7 runs 6-minute headway. Thus, Blacks wait 10 times longer than whites and Southeast Dove Springs Hispanics. In 2018, Capital Metro’s bus network (Connections 2025, 10-year Service Plan) was rebranded Cap Remap for major service changes when 52 routes changed. July 27, 2020 Planners unilaterally eliminated MetroRapid-Parmer (Samsung to Apple) with no discourse, again denying job access. Project Connect is the overlay for Cap Remap, functioning as designed for the target audience, at the expense of Northeast Blacks. 339Tuscany: 60 min [Black route starts late, less runtime = fewer jobs options] Eastbound, Weekday: Blacks earn less, fewer opportunities by design☹ Norwood Transit Center - E Crystal Brook/Loyola Tannehill/Webberville 6:10a 7:10a 8:10a 9:10a 10:10a 2 6:25a 7:25a 8:25a 9:22a 10:22a 3 6:52a 7:52a 8:52a 9:44a 10:44a 4:36a 5:06a 5:37a 5:47a 5:57a 7 Duval / Dove Springs: Pandemic: 6-10 min (4:36 AM Early start = more economic earning power) Northbound, Weekday [Route 7 leaves MetroRail-Crestview/Easy Wind (whites) to Dove Springs (Hispanics) Bluff Springs/William Cannon William Cannon/ Meadow Lake Mabel Davis Park Riverside/ Newning Trinity/8th San Jacinto/Dean Keeton Duval/45th 6413 Airport Blvd 6402 Airport Blvd [MetroRail- Crestview] Easy Wind/ St Johns 9 5:52a 6:22a 6:51a 7:01a 7:11a 10 5:57a 6:27a -- -- -- 6 5:28a 5:58a 6:28a 6:38a 6:48a 7 5:37a 6:07a 6:36a 6:46a 6:56a 8 5:48a 6:18a 6:47a 6:57a 7:07a 2 4:41a 5:11a 5:42a 5:52a 6:02a 3 4:57a 5:27a 5:58a 6:08a 6:18a 4 5:12a 5:42a 6:12a 6:22a 6:32a 5 5:20a 5:50a 6:20a 6:30a 6:40a 2 Badger, E. (2015). Study: Austin is most economically segregated metro area [Texas Tribune]. Retrieved from https://www.texastribune.org/2015/02/23/austin-most-economically- segregated-metro-area/ 3 ATXN (2010, May 27). Items 86-89: North Lamar Combined Neighborhood Plan [Majority-minority: Clip 03:20]. Retrieved from http://austintx.swagit.com/play/10052011-704/30/ June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 3 “You have figured out how to circumvent Title VI: “Say one thing; do another; document what is said to fool the Feds.” ~Zenobia C. Joseph, March 11, 2020 Capital Metro Public Hearing 4. New Redlining: 80% area median income (“AMI”) is the new redlining. West of Loop 1/MoPac, the Mayor’s Strike Fund (Austin Housing Conservancy) is 80% AMI but Blacks earn $42K, Hispanics: $50K (US Census Bureau, US Dept. of Treasury, 2020). By design, they earn too little to live west. “The three buildings under the Austin Housing Conservancy today are for those making approximately 80 percent of the median income[.]”4 Housing Authority of the City of Austin (“HACA”) high-opportunity deals (3 of 3) are 80% AMI exclusionary: SOCO II, Vega Multifamily (HACA June 18, 2020, p. 7) and Highland Village (December 17, 2020). February 17, 2017: CAMPO Item 12. Regional… Plan. I noted NLTC eliminations (7:03): https://austintx.new.swagit.com/videos/45172 January 28, 2019: Capital Metro Chair Wade Cooper acknowledged disparate impacts at the board meeting saying, “It is also undeniable that individuals may have seen, in particular areas, changes that did not help those individuals and maybe disadvantaged those individuals. . . . We hear the pain and challenge, particularly, with respect to the Eastside community.” Title VI advocates testified. Cooper spoke after my remarks. Clip 38:00 [video]: https://austintx.new.swagit.com/videos/45338 October 17, 2019 Blue Line/Riverside rezoned: https://www.austintexas.gov/department/city-council/2019/20191017-reg.htm October 23, 2019: Uprooted. “Austin City Council’s vote to rezone 1,308 affordable apartment units gave the greenlight for the largest tenant displacement project along the East Riverside corridor — and one of the largest in Austin’s history!” (Way et al.): https://news.utexas.edu/2019/10/23/halting-displacement-on-the-east-riverside-corridor-must-become-city-priority/ March 9, 2020 Joint Work Session: Project Connect Orange Line rail north of US 183 in TxDOT’s right-of-way is 24-30 years for minorities (e.g., Hispanics, Blacks), essentially, never (p. 29): https://www.austintexas.gov/edims/document.cfm?id=337093 December 17, 2020 New Redlining: Gold/Red Line ACC-Highland Village affordable units are 80% AMI, $54,700. Blacks earn $42K; Hispanics earn $50K (CDBG, 2020). Austin Pathways CEO Mike Gerber told HACA’s Board, “The landowners and the interests that are in and around the area (uhm) did not wanna serve deeper affordability, un-unfortunately, I think.”5 In 2019, Travis County Commissioners Court $469K and Austin City Council’s $1M+ loan helped relocate Workforce Solutions away from Highland. §305.021, Govt. Code, False Communication: April 6, 2021 Hinojosa misrepresented HB 3893 facts. April 14, 2021 Eckhardt did, too. April 6, 2021 Rep. Hinojosa falsely said, "We did have a bond election in Austin where voters approved funding for this" (2:44:39). April 14, 2021 SB 1838 Companion, Sen. Eckhardt replied to Perry: "Of the Project Connect bond that just recently passed?” (20:15). Cooper testified for HB 3893 and SB 1838 but did not disclose “permanent” ad valorem tax increase. Falsity helped kill tunnel bills! • November 3, 2020: Prop A was a permanent ad valorem tax rate increase, not a $7.1B Project Connect “bond election.” 4 Jones, L. (2019, February 19). Austin conservancy wants to lower the roof on city’s increasing rents. culturemap Austin. https://austin.culturemap.com/news/city-life/02-19-19-austin-housing-conservancy-aims-to-lower-rents/ 5 HACA (2020, December 15). ACC-Highland (3:04:05). https://www.hacanet.org/wp-content/uploads/2020/12/December-2020-Board-Meeting.mp3 June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 4 5. Blue Line Transit/Affordable Housing Gentrification: Since 2012, Travis County Commissioners Court affordable housing exceeded ¾-mile “as the crow flies” which denies taxpayers with a disability who rely on MetroAccess from living in East Austin developments. Presidium’s July 14, 2020 “innovative affordable housing” workforce proposal was exclusionary, too—just 9 months after Austin City Council rezoned the Blue Line—replacing low-income residents with high-income earners as predicted in 2018 by law professor Heather Way and colleagues. Council ignored the 2018 Uprooted report. At least three-fourths of Presidium’s proposed units were 80% AMI to 140% AMI ($95,650). August 7, 2020 Council approved $300M anti-displacement—misleading voters into believing $7.1B Project Connect plan included $300M though contingent on 45% Federal funding which is not guaranteed. Presidium listed 40 units (only 7 two-bedroom) at 60% AMI out of 353, excluding families from Blue Line rail/high-frequency transit. See Appendix A: July 14, 2020 Travis County Corporation Memorandum noting the area median family income and total units. June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 5 Out of 65 two-bedroom units, Presidium proposed only 7 are 60% AMI ($41K salary). June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 6 Oct 23, 2019: Blue Line gentrification plans came to fruition 9 months after Council rezoned Riverside! Halting Displacement on the East Riverside Corridor Must Become City Priority By: Heather Way, Elizabeth Mueller & Jake Wegmann The Austin City Council’s vote to rezone 1,308 affordable apartment units gave the greenlight for the largest tenant displacement project along the East Riverside corridor — and one of the largest in Austin’s history. The 92-acre development, dubbed the Domain on Riverside, will demolish the current affordable housing to make way for high-end homes, office buildings and a hotel. Such a large project is likely to accelerate additional redevelopment in the area, furthering the transformation of the corridor into one in which few low-income households remain. At the Riverside Domain project, the developers pledged to include at least 400 affordable homes among the 4,700 new planned housing units, but the affordable units will still have rents higher than what many current residents can afford. And the developer’s pledge to provide such units is not guaranteed, since the commitment is contingent on future market conditions. https://news.utexas.edu/2019/10/23/halting-displacement-on-the-east-riverside-corridor-must- become-city-priority/ November 19, 2020 Mobility Committee Meeting. The Equity Office noted the Uprooted report in its “Work to Date.” Like Austin City Council, citing Uprooted is akin to wordsmithing documents with “equity.” Council failed to heed the rezoning advice shared by Way et al. Yet, both staff and Council repeatedly refer to Uprooted as an equity smokescreen. Advocates predicted, “The property management group Presidium and Nimes Real Estate are building a luxury, mixed-use development in east Austin.” Defend Our Hoodz opposed “the Domain on Riverside” which “will tear down Town Lake, Ballpark North, and Quad East, West and South apartments and displace over 4,000 residents — many of which are students, immigrants and working class families” per Presidium’s Travis County proposal 9 months later. See Appendix B: Equity slides: https://www.youtube.com/watch?v=xt3ufxUnXxs June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 7 6. Orange Line Long-Term Vision: December 17, 2018 Capital Metro approved Project Connect long-term map which cuts off North Lamar Transit Center (“NLTC”)—oldest minority hub, built in 1985. Short-Range Planning Manager Roberto Gonzalez unilaterally moved 2 of 3 routes from NLTC (#300, 383) 1 mile south to MetroRail-Crestview, forcing minorities into traffic exceeding 20,000 vehicles per day, causing them to wait at least twice as long with Blacks waiting 10 times longer. June 15, 2016 Consultant Russ Chisholm told Capital Metro that “when you need to transfer that means that activity (that wait time) has to happen twice. So it’s important (uhm) that the transferring be made easier.”6 Instead, Northeast transfers were made more difficult. Project Connect $7.1B funds south of North Lamar Blvd to Stassney (below), not the “northernmost and southernmost area” in *Texas Department of Transportation’s right-of-way. North of US 183 rail is 24-30 years (March 9, 2020 excerpt below). In 2016, 7 of 9 routes were initially unilaterally eliminated. See CAMPO Item 12: Presentation/Update 2045 Regional Active Transportation Plan. My Title VI NLTC Testimony opposed disparate impacts (Clip 7:10): https://austintx.new.swagit.com/videos/45172 Phase 1 Project Connect: South of US 183, North Lamar is included. KAZI ad was misleading: North Lamar Transit Center excluded/cut off! North of US 183: North Lamar shows dashed Orange Line - Potential Future Extension. This is contingent on funding! Note: “The Green Line would likely have to be locally-funded as well. It doesn't meet Federal standards for density levels,” Deputy Project Manager Joe Clemens told Travis County Commissioners Court June 20, 2017.7 Routes 233-Colony Park and 339 FM 969/Craigwood Blacks wait 60 minutes for the bus—four times longer than 27 Eanes Independent School District (“ISD”) whites on #30-Walsh Tarlton outside the service area in Chair Cooper’s old neighborhood which violates Texas Transportation Code, §451.609, Effect of Withdrawal. 6 Capital Metro (2016, June 15). Special Board Meeting [Clip 1:03:30]. http://capmetrotx.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1629&Format=Agenda 7 Travis County Commissioners Court (2017, June 20). Item 23: Project Connect. http://traviscountytx.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1730&Format=Minutes June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 8 a. D1 Natasha Harper-Madison eTOD Falsity: NLTC will maintain existing 801-MetroRapid, no new service. The $900K Equitable Transit-Oriented Development Grant aims to mitigate anti-displacement, in theory, where rail is 24-30 years? Actors used NLTC minorities (e.g., ridership, Section 8) to justify rail for whites. Capital Metro and the City of Austin must coordinate with TxDOT. See June 10, 2021 Agenda #93: NLTC is not a “northern segment” (p. 5). https://www.austintexas.gov/edims/document.cfm?id=361703 July 27, 2020 Capital Metro/Austin City Council Project Connect Meeting (p. 23) b. ATP Uses Minorities: White Privilege! In fact, I don’t think, if you-if you leave that segment out, you’ll actually have enough ridership to convince the FTA to fund the rest of the system. So I realize this represents a difficult political situation. You have to deal with a state of Texas agency, but there are strong both equity and ridership reasons to include that segment as soon as possible.” ~Ruven Brooks (December 17, 2018): https://austintx.new.swagit.com/videos/45337 Correct Meeting Date: June 16, 2021 Lie: 801 No new investment June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 9 c. December 17, 2018 Capital Metro Meeting. Ruven Brooks (33:01-34:52): White Privilege Orange Line Extension Anecdote. "I wanna focus in on a very smallpart of the map. One that I think’s Important. The original Orange Line concept went all the way up to *Tech Line [sic] Park and Ride. The current version of the map shows the area from (uh) 183 up to Tech Line, along North Lamar as being the future phase. I understand why it’s a future phase. That’s because that road isn’t really North Lamar in the eyes of Texas Department of Transportation. It’s Texas 275. And it probably isn’t a good idea for Project Connect to go tell TxDOT what to do, at least not on the map. Let me urge you, however, to begin negotiations as soon as possible with TxDOT to include that corridor. And I’m a data-driven kinda guy. And there are two pieces of data that are relevant: One is that area [between] along North Lamar is, basically, the western termination of the Eastern Crescent, the c-shaped area which is supporting increasing concentrations of low-income people and, in particular, the area around Rundberg and Lamar has one of the highest concentrations of people below the poverty line in all of Austin. So that’s an equity reason for- for considering that area. Let me add just a plain ole ridership reason: 3 out of 5 of the most frequently used stops on the 801 southbound are in that segment. In fact, I don’t think, if you-if you leave that segment out, you’ll actually have enough ridership to convince the FTA to fund the rest of the system. So I realize this represents a difficult political situation. You have to deal with a state of Texas agency, but there are strong both equity and ridership reasons to include that segment as soon as possible.” https://austintx.new.swagit.com/videos/45337 d. April 15, 2021 Austin Mobility Committee Item 4: Capital Metro Strategic Planner Sharmila Mukherjee briefed eTOD, noting the $900K excluded Downtown. South of North Lamar Transit Center (“NLTC”) to Downtown serves MetroRail-Crestview white choice riders to The Triangle, The University of Texas at Austin, Hyde Park (Developed 1889-1924 by Col. Monroe Shipe “exclusively for white people.” Downtown developers paid a fee in lieu of affordable housing. Including NLTC in the $900K eTOD Study will mislead FTA to get Project Connect 45% Federal funding. NLTC requires TxDOT (state approval) like failed tunnel bills.8 8 Mobility Committee (2021, May 15). Item 4: e-TOD Orange/Blue Lines (56:04: S. Mukherjee, Capital Metro): https://austintx.new.swagit.com/videos/118706 June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 10 7. August 7, 2020 Capital Metro/City of Austin Interlocal Agreement: In part, “renters . . . will bear the costs of implementing Project Connect.” Propaganda/ballot language said “expand access for essential workers,” but commuters benefit—not “us all.” Transit tax draws attack from the left By Daniel Van Oudenaren October 2, 2020 3:05 PM [excerpts] False flyer on 60-minute “New” Black Route 339-Craigwood Route 233-Colony Park: Blacks wait 60 minutes Zenobia Joseph speaks to reporters at the September 30 press conference. “Project Connect will expand services for white commuters coming from the suburbs,” said Zenobia Joseph, a Northeast Austin resident. “The people who need the service the most will not benefit.” As evidence for that claim, she cited a 2015 Origin and Destination Survey that found that 70 percent of rail riders were white compared to only 36 percent of bus riders. Blacks accounted for only 6 percent of rail riders in that survey compared to 20 percent of bus riders. In the meantime, the tax increase, coupled with rising property values, would accelerate the displacement of low- income and middle-income Black and Hispanic families—a process widely referred to as gentrification. . . . Inadequate bus service Several speakers at the event called into question Project Connect’s emphasis on rail rather than bus service, complaining that current bus routes are inadequate and too infrequent. Joseph said, “Oh, they get on the Black radio station (KAZI FM 88.7) and they tell us, ‘more frequency,’ we should get excited about 15 new circulator buses. Well, let me tell you about those circulators: they only have $1.5 million out of $7.1 billion for neighborhood circulators. And where do they take you? A half a mile to maybe two or three (miles) down the road, for you to wait a second time.” Joseph was referring to the investment plan approved at a July 27 CapMetro meeting, which includes just $1.5 million for circulators, or 0.02 percent of Project Connect’s “initial investment” phase. “Black people today in Craigwood and Colony Park wait 60 minutes for the bus,” she added, referring to two East Austin neighborhoods. Under Prop. A, that area would be serviced by a new Green Line commuter rail station connecting to downtown, according to Project Connect’s system map.9 [“Green Line . . . doesn’t meet Federal standards for density” (Clemens, 2017).] 9 Van Oudenaren, D. (2020, October 2). Transit tax draws attack from the left. https://theaustinbulldog.org/transit-tax-draws-attack-from-the-left/ June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 11 “There’s an old maxim in (uh) transportation called DAD (Decide, Advocate, and Defend) (uh) and do it all before the public’s involved (uhm) and that’s gotta stop. . . . We expect public input processes to be meaningful.”10 ~Former U.S. Transportation Secretary Anthony Foxx 8. Target Audience: “We’ve heard from a few folks that just don’t like that the service is there,” Capital Metro Director of Service Planning Roberto Gonzalez told the Austin Monitor about MetroRail-Crestview. ‘They may not have understood that when that place was built, it was built under the TOD design principles. Maybe they just didn’t even ever expect us to be there[.]” Yet, he unilaterally eliminated Northeast routes to create frequency for whites, Austin Community College, and Dove Springs Hispanics under guise of Title VI compliance. February 27, 2017 Connections 2025 Resolution, rebranded Cap Remap, said “staff will monitor corridors that were not identified for service.”11 There was, however, no analysis/monitoring of 2014 Project Connect North Corridor Locally-Preferred Alternative FM 734/Parmer East-West growth by major employers: Samsung to Apple (East Village 425 acres; 5,500 apartment units; 3 HEBs), Tech Ridge to Howard affordable housing or Dessau (74% minorities) to ACC-Highland Gold Line. December 14, 2015-March 13, 2016 - about 5,000 surveys (partial results below): 72% white, 52% female (25-35), majority had access to two vehicles, earned $100K, and 94% had some college (≈27% graduate degree). Capital Metro then created its new bus network saying “the people” wanted to walk ½-mile to a frequent bus. November 16, 2016 I first testified against Title VI disparate impacts. October 24, 2017 Chair/lawyer Wade Cooper relied on AURA urbanists, third party data not publicly available, asserting minorities [Southeast Hispanics, not Northeast Blacks] had access to the 15-minute network, ignoring safety—more transfers north of US 183 on roadways exceeding 20,000 vehicles per day (“vpd”) due to Gonzalez’ unilateral northeast-west eliminations—walk to a main corridor from home, wait at neighborhood stops, and wait-time before transferring to a frequent bus. January 25, 2016: Item III. Public Comment Anthony Walker (Black driver, 24-years). Urban Rail reflections: “Capital Metro Board, is not respecting the City of Austin … taxpayers. As leaders, ya’ll got to do a better job.” Stop protecting the rail. Pflugerville and Cedar Park “voted CapMetro out of the service area, but “you’re catering” to them. (Clip 06:50-12:20) in general, Item IX: Origins and Destination Study: Chart (left) shows 70% of MetroRail riders are white. 24-hour ticket = $7 vs. Bus = $2.50. Rail is nearly three times more, too costly for Black transit-dependent “essential workers” to enjoy. Video: https://austintx.new.swagit.com/videos/45288 ### July 25, 2016: Item III. Public Comment (12:32) Susan Pantell, PhD: “The survey had about 5,0000[;] . . . survey responses were (uhm) slanted toward (uhm) white people and also higher income than the bus ridership. I’m concerned … [consultant’s] service study… will be biased.” Video: https://austintx.new.swagit.com/videos/45296 10 seeprogress (2016, December 15). Secretary Foxx discusses a transportation plan for the 21st century [Video 27:10]. https://www.youtube.com/watch?v=QqtJgWaU0zM&t=655s 11 Capital Metro (2017, February 27). Regular board meeting: Connections 2025 resolution [p. 49]. http://capmetrotx.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1656&Inline=True June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 12 9. Housing Discrimination: “Inclusive Communities Project (ICP) sued the Texas Department of Housing and Community Development over the siting of most Low Income Housing Tax Credit properties in predominately black communities in Texas.” In Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), Justice Anthony Kennedy delivered the Court’s 5-4 decision, which “held that disparate impact claims are cognizable under the Fair Housing Act.”12 Zoning/Platting recent votes fail to affirmatively further fair housing: Urbana (558 units); Northwind Apts, I-35N/Yager (330 units). 12 See Footnote 10. SCOTUSBlog.com, June 26, 2015. https://en.wikipedia.org/wiki/Texas_Department_of_Housing_and_Community_Affairs_v._Inclusive_Communities_Project,_Inc. June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 13 10. Opaque Homeless Summit Plan: June 3, 2018 Cap Remap eliminated 240-Rutland. Why did staff prioritize Espero-Rutland? May 3, 2021 KXAN reported 51 permanent supportive housing units. How did that total increase to 101 out of 171 units, no bus? The area north of US 183 where Espero will be located was called “high-opportunity” in the LIHTC application with no fixed-route. City of Austin to convert Candlewood Suites hotel to homeless housing despite lawsuit to stop it by: Jala Washington Posted: May 3, 2021 / 06:36 PM CDT / Updated: May 3, 2021 / 10:14 PM CDT We're Still Here Assessing the continuing black Austin experience BY KAHRON SPEARMAN, FRI., JAN. 8, 2016 US 183 is the line of demarcation between the haves (whites) and the have-nots (minorities, Blacks). North/East of US 183 (green) Project Connect eliminated MetroRapid-Parmer (Samsung to Apple). Black neighborhoods (Craigwood, Colony Park) routes south of US 290, Colony Park (60 minutes). South/West/Central Austin whites and Dove Springs Hispanics enjoy 6- to 15-minute routes. Absence of equitable bus service violates Title VI and creates pockets of poverty, diminishing Black quality of life and job access. Cap Remap (frequent buses) and Project Connect overlay excluded Northeast, but propaganda said “more ways to move us all.” June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 14 11. Orange Line Disparate Impacts: "The Federal Highway Administration (FHWA) defines a project of regional significance as 'a transportation project that is on a facility which serves regional transportation needs.'” Source: CAMPO 2019-2022 Transportation Improvement Program (June 14, 2021 Packet, p. 121). North Austin map shows concentrations of Blacks waiting 60 minutes for the bus while South/West/Central whites and Dove Springs Hispanics enjoy Route 7-MetroRail-Crestview 6-minute headway. The June 16, 2021 Austin Housing and Planning demographic slide mirrors the map on previous page showing Austin’s Black residents. Taxation without transportation: Samsung (upper right) to Apple. Education disparities exist by race, too. 12. Closing: Request board members submit comments in your individual capacity to the Federal Transit Administration Orange/Blue Lines Federal Register to compel Capital Metro to “reanalyze . . . and implement the least discriminatory alternative.” All taxpayers will fund Project Connect and deserve an equitable system in practice beyond resolutions falsely noting transit equity. Thanks for your time and consideration. Point of contact is the undersigned. Very respectfully, Zenobia C. Joseph June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 15 Appendix A Presidium’s Proposed 60%-140% AMI East Riverside Workforce “Innovative Affordable Housing” (excerpt) June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 16 June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 17 June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 18 June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 19 June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 20 Appendix B Racist Reality: Northeast Blacks wait 60 minutes for the bus on “New” Route 339-Tuscany, yet Equity Officer Brion Oaks remains silent about transit disparate impacts. Blacks wait 10 times longer than MetroRail-Crestview, UT- Austin whites, and Dove Springs Hispanics. Creating an “Equity Assessment Tool” perpetuates the status quo and does nothing to center racial equity. ☹ Note: After rezoning the Blue Line/Riverside, Council and staff disingenuously noted the Uprooted Report. June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 21 June 23, 2021 Federal Register Deadline for Orange/Blue Lines: Environmental Impact Statement Formal Comments Submit Comment: Public input will inform FTA’s decision on whether or not to fund 45% of Capital Metro’s $7.1B light rail system. Equity and anti-displacement language, however, after rezoning is disingenuous and, ideally, should raise a Federal red flag! ➢ Orange Line: https://www.federalregister.gov/documents/2021/05/24/2021-10865/preparation-of-an-environmental- impact-statement-for-the-capital-metro-orange-line-project-in-austin ➢ Blue Line: https://www.federalregister.gov/documents/2021/05/24/2021-10866/preparation-of-an-environmental- impact-statement-for-the-capital-metro-blue-line-project-in-austin#open-comment June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 22 July 27, 2020 Planners unilaterally eliminated MetroRapid-Parmer when reducing Project Connect from $10B to $7B. Affordable Housing/Transit Tool: Top northeast-west black line is misleadingly, showing Parmer/FM 734 affordable housing. June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 23 August 7, 2020: Capital Metro/Austin City Council increased anti-displacement to $300M. Though contingent on Federal funds, actors continue to promote $300M as though guaranteed—disingenuous after Riverside rezoning. Cooking the Books: Actors falsely state $900K anti-displacement FTA grant applies to the Orange Line/north of US 183 where rail is 24-30 years. In 2015-2016, NLTC had the second highest ridership when consultant Russ Chisholm revised the 10-year plan. It is, therefore, reasonable to conclude that use of transit-dependent minority data serves to justify rail for whites—albeit misleading. June 22, 2021 Subject: Title VI Northeast Austin Project Connect Disparate Impacts—Orange/Blue Lines Federal Register Deadline: 23Jun2021 24 Project Connect will segregate Austin for centuries! Eliminated MetroRapid-Parmer (Samsung to Apple), denying Blacks access to economic opportunities. June 3, 2018 Planners eliminated northeast-west connectivity, forcing minorities to wait 30 minutes more to transfer West. Racist Reality: Northeast Blacks wait 60 minutes for the bus on “New” Route 339-Tuscany, yet Equity Officer Brion Oaks remains silent about transit disparate impacts. Blacks wait 10 times longer than MetroRail-Crestview, UT-Austin whites, and Dove Springs Hispanics. Creating an “Equity Assessment Tool” perpetuates the status quo and does nothing to center racial equity.