Mayor Mike McGinn in the latest disagreement with the Seattle City Council has sent a legislative package back to them regarding the establishment of a homeless transitional encampment in the SODO district before next winter.

The council had rejected the package because they felt it had not passed muster under the State Environment Policy Act (SEPA).

McGinn, in a release to the press said, “We laid out a timeline that would establish a homeless encampment in SODO before winter weather sets in later this year. That timeline assumed that the Council would begin their review and discussion of the legislation at the same time as we continued through the SEPA process, which is expected to be complete in June. We never expected that Council could take action on this package until SEPA was done. Waiting until June to even begin a review of the full package will jeopardize setting up the encampment before next winter."

In an opinion issued by Assistant City Attorney, Patrick Downs, he stated, " Under State and City law, an action concerning a proposal, in this case adoption of legislation, is not to occur until the SEPA responsible official issues a final determination of nonsignificance or final environmental impact statement.1 An action with regards to legislation is defined by SEPA as the adoption of legislation; including in this case, the funding request and the proposed amendments to the City’s Comprehensive Plan and Zoning Code.2
Transmitting legislation to the Council or the Council considering legislation are not actions as defined by SEPA. Further, it is the long-standing advice of the Law Department that SEPA must be completed prior to Council’s final adoption of legislation.
It is within the Council’s discretion to consider the legislation; the Council cannot, however, adopt the legislation until SEPA has been completed."

1 WAC 197-11-070(1); SMC 25.05.070.A (an action cannot be taken until the responsible official has issued a final determination of nonsignificance or a final impact statement).
2 WAC 197-11-704(2)(b); SMC 25.05.704.B.2.a (adopting an ordinance is an action under SEPA).

The Mayor responded to the legal opinion by saying, "This morning, we received a written legal opinion from the Law Department that contradicts the Council statement. According to Law, Council cannot take final action to approve a project before SEPA is complete. But there is no legal reason that Council may not take action to consider legislation while SEPA review is pending. That is all we ever expected.

I am today sending the full package back to Council and requesting that they give it prompt consideration so that we have a solution ready before next winter.”

Seattle City Councilmember Nick Licata's statement on proposed encampment legislation

Councilmember Nick Licata issued the following statement today regarding the Mayor's proposed encampment legislation:

"The insistence that the Council must consider land use legislation that does not need to be immediately passed is a distraction from debating the merits of whether to sanction a self-governed encampment. We need to focus on meeting the survival and safety needs of individuals in our community who have no access to safe shelter.

"Yesterday's letter from four City Councilmembers, including myself, said that the Council is willing to retain the second proposed bill and 'discuss the merits of moving forward to fund the remediation of a site and staffing of a project, despite the uncertainty of the outcome of the land use decisions yet to be made.'

"I look forward to Council deliberation in the near future on legislation related to this element of the project."