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City Council Members Say Encampment Can’t Go Forward Until Environmental Review is Complete; Mayor’s Office Calls Foul

Four city council members—Richard Conlin, Nick Licata, Sally Bagshaw, and Sally Clark—sent a letter to Mayor Mike McGinn today saying the council can’t take action on Mayor Mike McGinn’s proposal for opening a temporary encampment in SODO until the city has completed environmental review under the State Environmental Policy Act (SEPA), a move PubliCola predicted earlier this month.

The legislation McGinn sent the council on  March 1 would require the council to change the city’s land use code and comprehensive plan to allow housing on industrial land.

The letter says: “While we share a sense of urgency in addressing the underlying issues, the timeframe for completing the environmental review is not under control. The Council will consider the proposed legislation when we can legally do so.”

The council members add that they will continue to consider McGinn’s proposal to fund environmental remediation on the proposed encampment site at the former Sunny Jim’s peanut butter plant in SODO. However, they add, “The financial strain on the City continues to grow and new expenditures need to be considered in the context of our larger budget challenges. Additionally, there may be other alternatives to explore that may help more individuals find safe shelter and permanent housing, and at a lower total cost,” such as low-income apartments, shelter space in churches, the current Nickelsville site in Lake City, or another site that doesn’t require environmental cleanup.

McGinn spokesman Aaron Pickus said the council was being hypocritical by moving forward on the deep-bore tunnel while putting the encampment in deep freeze. “When it comes to the tunnel, they’re going to move heaven and earth to move forward” even before the state has completed a final environmental impact statement, Pickus says. “But when it comes to homeless people who don’t have a permanent place to live, they don’t do anything.”

Asked whether it was only fair for the council to move forward on the encampment, even before the SEPA process is complete, given that they’re pushing the tunnel forward without a finished environmental review, Conlin said the two projects weren’t comparable. “[McGinn's encampment proposal] is land use legislation. It’s not equivalent. SEPA’s really specific set of regulations under the Growth Management Act, and we can’t take any action until SEPA review is completed,” Conlin said. In contrast, the tunnel does not require SEPA review; signing the legislation only affirms that “the agreements [with the state] are good.”

Pickus acknowledged that the encampment can’t actually happen until the SEPA review is complete, but adds that the council could hold public hearings, get feedback from the community, and have committee meetings to discuss the project before environmental review is complete. “They can talk about it, they can do anything” short of actually approving the encampment, “they’re just choosing not to,” Pickus says. “They’re not willing to discuss it with the public.”

Even moving forward with public hearings probably wouldn’t do much to expedite the project: A group of SODO businesses has said they plan to sue to stop the encampment from moving into their neighborhood, either under state law, under city law, or under SEPA.


  • Lisalouh

    Not necessary, the letter allows for the potential for the Council to consider now, without waiting for the land use code changes, the 2nd bill – the funding portion of the plan. If after having a conversation about the 2nd bill, the Council supports moving forward with the plan, the City can do so with a temporary use permit – a non-legislative, administrative action that doesn’t require an environmental review.

  • Anonymous

    So, in other words, the Mayor’s office accuses the council of treating dissimilar things as dissimilar, agrees that they are bound by the law to not act until SEPA is complete, then hopes they will follow the Mayors impressive example of just talking about things.

  • Mr. President

    Well McGinn sure has the bum vote rapped up for ’12.

  • ratcityreprobate

    Now if the homeless were ungulates Conlin would be first in line to take care of them.

  • http://spifflines.blogspot.com/ John Bailo

    Seattle is too expensive for homeless people.

    You could have bought them homes by now anywhere else in the US.

  • fount

    and you’ve got the asshole wrap for a long time to come.

  • David Robinson

    Indeed. This constant sniping and posing by the mayor’s office is the opposite of how government — any government — has to work. I stopped believing in McGinn’s progressive stances when I saw how little he cares to politic for them, which means to argue, compromise, form coalitions, and get the job done. He would rather go down in flames being right. Especially with all his born-again budget-thumping, he sounds a lot more like a Republican than a progressive.

  • Hulla

    Team McGinn response is just plain nonsense on this.

  • Anonymous

    “Conlin said the two projects weren’t comparable. “[McGinn's encampment proposal] is land use legislation. It’s not equivalent. SEPA’s really specific set of regulations under the Growth Management Act, and we can’t take any action until SEPA review is completed,” Conlin said. In contrast, the tunnel does not require SEPA review; signing the legislation only affirms that “the agreements [with the state] are good.”

    Huh? SEPA doesn’t apply to the tunnel project? Then why are feds, WSDOT and City doing an EIS together? Conlin’s statement needs unpacking.

  • fgruben

    So I assume that means you will be voting for Mr. President.

  • Cary

    Thanks Lisalou, for the clarification about the homeless camp consideration procedure. I hope the Council will keep on this, and move forward with the temporary use permit.

    Conlin’s statement about SEPA for the tunnel was wildly inaccurate.

    For starters, SEPA is from 1971. It is not a subset of GMA, which happened in 1990.
    Here’s a little history primer: http://www.ecy.wa.gov/programs/sea/sepa/handbk/hbch01.html

    Second, FHWA and WSDOT and SDOT have spent millions on the EIS. They know that the tunnel is officially a “preferred alternative” until the FEIS and Record of Decision are done, and are bending over backwards to comply with (at least) the letter of the law.

    Third, if the tunnel doesn’t have to comply with SEPA, why did Council insert the clever language in the agreements about their not being final until environmental review is complete?

    Conlin should correct himself, because I can’t believe he really meant to say something so misleading and deceitful. Or perhaps the lawyers at WSDOT and FHWA should clarify the situation for him.

    It must be really hard for him to assert the tunnel is a done deal, while at the same time saying no final decision has been reached and elected leaders fully intend to consider the results of environmental review — as required by City, State, and Federal law, ahem.

  • Richard Conlin

    Under the Growth Management Act, the City is required to go through SEPA review before adopting land use legislation. Most other legislation does not require a SEPA determination. The tunnel is going through a NEPA/SEPA process as a project, we have not adopted any land use code legislation related to it. I’m sorry if my comment wasn’t clear, but this is a rather elementary legal issue, and as commenter Giffy noted, bringing the tunnel into it is simply an absurdity.

  • Anonymous

    It may be true that “most other (non land use) legislation does not require a SEPA review” but that’s not the legal standard. SEPA applies to “proposals for legislation and other major actions significantly affecting the quality of the environment.” RCW 43.21C.030(1)(c). The exemptions from that requirement in in the rules, “WAC 197-11-800 Categorical exemptions …(14)(c) The adoption of all budgets and agency requests for appropriation: Provided, That if such adoption includes a final agency decision to undertake a major action, that portion of the budget is not exempted by this subsection.”

    The (non)use and abuse of the SEPA process has been a common practice by all branches of the Seattle city government (council, mayor, agencies).

  • Wells

    Queen Anne “land-use” along Mercer will be essentially converted from residential to commercial as the result of widening and redirecting traffic from the current access to SR99 along the completely commercial corridor of Elliott and Western. Seattle is ruined with traffic everywhere else, so, Seattlers will get used to traffic ruining Queen Anne too. Is that Conlin’s excuse?

    The Mercer Mess through Lake Union gets messier with more traffic redirected this way, plus more traffic between I-5 and Elliott. The DOTs don’t want the public to know just how much more traffic until it’s too late. They’re even implying the two projects (DBT & Mercer West) are unrelated. Conlin intends the public remain ignorant.

  • Scott in Hillman City

    right, for some reason, the mayor wants everyone to act swiftly and without regard to legislation on issues he supports…which is only one or two anyway, homelessness and bikes — except his own office, which he only expects to grandstand and obstruct.

  • Scott in Hillman City

    I miss Nichols.

  • ratcityreprobate

    Seek help.