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Monday, July 26, 2010

LIVE: The Council's New Plan on the Tunnel: Delay Contract, Block Referendum

Posted by on Mon, Jul 26, 2010 at 9:35 AM

The Seattle City Council is holding a briefing that outlines their plan to postpone signing contracts on the deep-bore tunnel until February, and when they do, insert a provision making it an administrative decision, thereby blocking a public vote, according to sources at City Hall. City Attorney Pete Holmes will address the council any minute now.

As I mentioned on Saturday, the Seattle City Council was expected to roll out some new plan for the deep-bore tunnel today—specifically a plan to block a referendum. Holmes's legal opinion will, in theory, explain how it's legal to authorize the tunnel agreements while blocking the referendum process.

Here's live video of the briefing:

Seattle Channel Video can be played in Flash Player 9 and up

To past council meetings please visit the Seattle Channel website

UPDATE: Conlin says the council considered holding this meeting in executive session—an attempt to hold it privately—but the council elected to hold the discussion in public.

UPDATE 9:46 AM: While we're waiting for Holmes to address the council, it's worth noting that—if the council does indeed seek to postpone contract till February—it will clash with the council's claim that delay causes problems. "The primary cause of potential cost overruns is intentional delay. Delaying the project only increases the danger of a catastrophe and hurts the economy and Seattle taxpayers," Conlin wrote on his blog earlier this year.

UPDATE 9:51 AM: Now Conlin is talking about the city's virtuous goal of carbon neutrality. I can't wait to hear how building a new freeway through the city helps this goal.

UPDATE 10:03 AM: Sources at City Hall say that the council will be introducing a resolution today that outlines the plan I mentioned above. So here's the question: What will Transportation Secretary Paula Hammond say at the 2:30 PM meeting of the viaduct committee, where she is slated to address the council? Does the resolution give the state and contract bidders who want to build the tunnel some sense of security that the political seas are stable enough to proceed? Or is this the same sort of delay that Hammond and Conlin have insisted they were trying to avoid?

Regardless, all of this maneuvering demonstrates two things: (1) The council is not confident in signing a contract before the bids are in, which is expected to occur in November, and (2) that the council knows it's on the unpopular side of the project. The only reason to sidestep a public vote is because they know voters oppose them.

UPDATE 10:06 AM: You can go to the 2:30 PM meeting at City Hall and comment.

UPDATE 10:41: They are distributing a copy of the resolution now. I asked Council Spokeswoman Laura Lockard on the phone just now if she had a copy of the resolution and could email me a copy. She said the meeting was underway and then hung up on me.

UPDATE: 10:47 AM: Sally Bagshaw says the council will vote next week, and signals that the long-term plan is to block a public vote. "We are going to be submitting a resolution we will be voting on it next week," she says. "The resolution state council intention to sign but we are not signing right now we are going to put them forward until January and February. We are going to sign this resolution and vote next week. we are sending a strong message that the city intends to go forward with his project. ... We are stopping the endless delay. A friend pulled me aside and pleaded, 'Don't take this back to a public vote.'"

Bagshaw noted that Seattle is not a party to the tunnel contract (between a construction team and the state), and the city is thereby indemnified from financial obligation to pay for cost overruns. However, her analysis deliberately ignores the core issue: If the project runs over budget, the contractor can collect from the state—and the state says it will make Seattle pay. The contract here is weaker than the legislature's intent to make Seattle pay cost overruns if they do occur.

UPDATE 11:00 AM: City Attorney Pete Holmes explains that the city has reached a deal with the state to delay signing a contract despite a time line that said the city had to get this done by August. "We reached out to the govenor. We learned last week from the governor's office that WSDOT and the city can wait and see what the bids look like. this is really a win-win... It means we can continue to do our work and let this issue of cost overruns work itself out. This is very good development."

Council President Richard Conlin adds, "What we are doing right now is saying that the city needs to to be in same place as state—that we will wait until February and they we know what the bids are actually going to be. By endorsing these agreements, we are are moving forward without making a final decision."

And then they make the case that this isn't a delay. "It is important to point out that the council decision is not to delay the program," says City Council Member Tim Burgess. The bids are still due when they are due. Our action is not delaying the project."

UPDATE 11:20 AM: Here is the resolution (.pdf). It doesn't specifically mention hard dates that the council has to approve a contract, or the council's intent to bypass a public vote. Ultimately, this allows the council to avoid passing an ordinance—which is subject to a referendum—until any time they choose.

More after the jump.

UPDATE 11:30: The council is back-stepping while also being hypocritical. They are acknowledging that, in lieu seeing bids or a thorough impact statement, this project is too risky for the city to sign off on now. They have to wait till February, but that's not a problem.

This is just doublespeak. The council has stamped its feet for months to claim that asking the legislature to take action in winter would delay the project—that it would cause cost overruns. That creating any uncertainty for the bidders would cause cost overruns. That having this debate any longer would cause cost overruns. So we had to move now. Or we did.

The bidding process was always on a timeline set by the state and the design teams. Seattle's contract had no bearing on that process—not when the mayor or community groups called for it, when the council condemned it. And not now, when the council support it ""The mayor's formula is a recipe for delay one that will cost this project money and one that will cost [sic] cost overruns," Conlin told KOMO in June.

Now the council is claiming the opposite. When they are concerned, it's not a problem. When other poeple have an issue, it's a bad idea. But still, the council has no plan to deal with cost overruns if and when they occur.

 

Comments (29) RSS

Oldest First Unregistered On Registered On Add a comment
Joe Szilagyi 1
What are the odds of Holmes walking in and calling foul on the Council?
Posted by Joe Szilagyi http://twitter.com/joeszi on July 26, 2010 at 9:56 AM
Fenrox 2
Dom, I am sure you already addressed this but WHY DO THEY WANT THIS SO BAD? Who are their masters in this and why are they willing to ruin their careers over this?

This has escalated far beyond pride.
Posted by Fenrox on July 26, 2010 at 10:02 AM
Pol Pot 3
Can we start referring to the tunnel as "Conlin's Folly"?
Posted by Pol Pot http://bottlefuelrag.blogspot.com on July 26, 2010 at 10:03 AM
Baconcat 4
It's not every day you see a City Council so openly express how strongly they are opposed to the values of the city they represent. Bravo, lame duck squad, bravo.
Posted by Baconcat on July 26, 2010 at 10:04 AM
Joe Szilagyi 5
Whats this junk about a "drumbeat" to remove the electric bus system?
Posted by Joe Szilagyi http://twitter.com/joeszi on July 26, 2010 at 10:05 AM
6
Can we recall these morons? I'm not sure we can afford to wait to vote them out in November 2011.
Posted by Don't you think he looks tired? on July 26, 2010 at 10:25 AM
7
Yawn. Please move on.
Posted by Tired of the obsession on July 26, 2010 at 10:45 AM
8
@7 FT clear Win.

I wonder if Dom will get the memo?

Now that the attorney's are on official record indicating if there are any overruns, the city is not a signatory and WILL NOT put Seattlites on the hook, I WONDER IF SLOG WILL MOVE THE FUCK ON ALREADY!

Or will you continue on with your conspiracy theory?
Posted by Jesus Fuck Move on already! on July 26, 2010 at 10:53 AM
Fnarf 9
I doubt a recall would succeed, and I wouldn't be so sure that the tunnel would lose in an election. Majorities in NW, SW, and SE are for it, I'm guessing. I assume Conlin knows this.
Posted by Fnarf http://www.facebook.com/fnarf on July 26, 2010 at 10:55 AM
Baconcat 10
They are tired of the delay, Sally, because they want the viaduct gone, not because they want the tunnel. Support for the tunnel, like support for the council, is rapidly dropping. Voters in this city will find a way to vote one way or another and they'll most support a candidate who will tear down the viaduct and work for a more green and human-scaled project.
Posted by Baconcat on July 26, 2010 at 10:58 AM
Fnarf 11
@8, that's nice, if your opposition to the tunnel is based entirely on liability for cost overruns. Some people are opposed to it on the basis of COST, full stop -- it's a poor use of public funds if it comes in 30% UNDER budget. And some people are against it because they've seen the pictures of the north and south portals, which will instantly become the most recognizable features of Seattle in satellite photos, they are so large and white and destructive.
Posted by Fnarf http://www.facebook.com/fnarf on July 26, 2010 at 11:02 AM
Baconcat 12
@2: If you want to know who's pushing so hard for this, you only need to look at Seattle's lobbyist disclosure information: http://www2.seattle.gov/ethics/lobbyists…

For example, the best compensated single-issue lobbyist for the most recent few months was a lobbyist for the NAIOP, lobbying in support of the tunnel. The remainder of pro-tunnel lobbyists are related to the Master Builders Association and various other real estate concerns.

The reason folks are pushing so hard for this tunnel is because it's a GIGANTIC gimme to the real estate industry. That's the reason any plan that ceded a fair share of land to parks and such were deleted or not studied. The waterfront is incredibly valuable to these developers.

In reality, there's no plan for a beautiful waterfront full of parks and trees, the plan is to build condos and private waterfront enclaves. An urban Medina, WA, if you will. You'd be foolish to think the City Council is passing up on that kind of cash -- greed and ambition trump any kind of feel good greeny-green solution.

Even if it means building what amounts to a giant tailpipe through downtown Seattle.
Posted by Baconcat on July 26, 2010 at 11:17 AM
13
Kind of off topic - but how can I tell who my city council member is for my area or what ever? Aren't they voted in like state reps? I want to know if the council member for my area is any good. I looked at their website and I cant really find anything about elections at first glance.
Posted by tigntink on July 26, 2010 at 11:26 AM
Will in Seattle 14
Building the Billionaires Tunnel is the WORST thing to do for carbon neutrality.

It has a carbon footprint TWICE that of either the Surface Plus Transit OR the Rebuilt Viaduct.

And that's from the construction and operation, all those nice fans and pumps running 24/7/365.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on July 26, 2010 at 11:29 AM
Will in Seattle 15
Fnarf fails to realize that this hasty action literally provides grounds for a successful recall petition for most of the city council.

Plus, he loves global warming and wants to increase Seattle's Carbon Debt.

And make all of us pay $10,000 per household - renter or homeowner - for his folly and that of Reichardt Conlin's.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on July 26, 2010 at 11:32 AM
Will in Seattle 16
Kudos to Pete Holmes for doing a fine job.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on July 26, 2010 at 11:33 AM
Will in Seattle 17
@13 no, that's school board. We vote for all city council members.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on July 26, 2010 at 11:33 AM
18
@13, no, unfortunately all Seattle City Councilmembers are elected "at-large", meaning they have no constituency to report to or advocate for, except of course the mega-players. For a list of those, see the groups and individuals supporting this tunnel proposal.
Posted by Citizen R on July 26, 2010 at 11:39 AM
Fnarf 19
@15, please identify any posts where I support building the tunnel. Oh, wait -- that would require you to READ, which you are incapable of doing, being limited as you are to unsuccessfully attempting to persuade others that you're important in some way.
Posted by Fnarf http://www.facebook.com/fnarf on July 26, 2010 at 11:51 AM
Will in Seattle 20
I love you too, Fnarf.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on July 26, 2010 at 12:06 PM
21
All of this hocus pocus is going to continue, most likely, through the 2011 legislative session. It is clear from the City Council's actions that they do not have the well wishes of the legislature who could pull the rug out from under this project in a heartbeat. We'll have to see what electeds are still in office by that time.
Perhaps the Gov will be headed to Wash.DC. That would eliminate the last of the original leaders of this debacle. Then, it's the Legislature (House) vs. the Seattle City Council. Guess who will get their way.

Back to the drawing boards!

Art
Posted by arties on July 26, 2010 at 12:15 PM
Fnarf 22
@20, I'm praying for your death and/or dismemberment.
Posted by Fnarf http://www.facebook.com/fnarf on July 26, 2010 at 1:06 PM
23
Baconcat @12, where the hell do you come up with?: In reality, there's no plan for a beautiful waterfront full of parks and trees, the plan is to build condos and private waterfront enclaves. An urban Medina, WA, if you will. You'd be foolish to think the City Council is passing up on that kind of cash -- greed and ambition trump any kind of feel good greeny-green solution.

That contradicts my information about a public waterfront. Here's what Cary Moon has to say in a People's Waterfront Coalition newsletter sent April 22:
The City launched the first step of their planning effort a few months ago, called the Waterfront Partnerships Committee, to engage design and civic leaders in figuring out how to approach this challenge/ opportunity. ... With 25 acres of gorgeous waterfront public land at stake, it’s important to have a solid strategy. The group of 41 is charged with helping the City hammer out the scope of the planning area, the principles and vision for the new civic waterfront, and the process for selecting design/ planning consultants. They will also propose how the City can best collaborate with non-profit, private and philanthropic partners to achieve a stellar outcome.
Posted by cressona on July 26, 2010 at 1:25 PM
Fnarf 24
@23, can you point to a single "stellar outcome" that any of these 41 have ever been involved in? Or even ones that they admire that have been done by others? Is there any reason at all to believe that any of these "non-profit, private and philanthropic partners" would recognize a living city environment if they saw one?

I predict a cross between the sculpture park and the Bravern, with lots of plantings that all die in the first year.
Posted by Fnarf http://www.facebook.com/fnarf on July 26, 2010 at 2:48 PM
25
>Dom, I am sure you already addressed this but WHY DO THEY WANT THIS SO BAD?
>Who are their masters in this and why are they willing to ruin their careers over this?
>This has escalated far beyond pride.

The masters with the most influence are the unions who, with their billions of dollars, have government officials at all levels in their back pockets. In order to sustain and create union jobs, they push through every huge public works project they possibly can.

To a lesser extent it's the downtown developers, who have been trying to tear down the unsightly viaduct for years because it is blocking the views of their condos and office buildings.

.

Posted by ref on July 26, 2010 at 4:20 PM
26
>Can we start referring to the tunnel as "Conlin's Folly"?

How about, "THE BIGGER DIG?"

.
Posted by ref on July 26, 2010 at 4:26 PM
Fnarf 27
@26, except that it's vastly smaller than the Big Dig.
Posted by Fnarf http://www.facebook.com/fnarf on July 26, 2010 at 5:06 PM
28
>I wouldn't be so sure that the tunnel would lose in an election.
>Majorities in NW, SW, and SE are for it, I'm guessing. I assume Conlin knows this.

It seems to make sense that West Seattle, Fremont, Ballard, etc would be for a tunnel, but overall, voters just don't want to put up with that kind of expense. And who can blame them? The expense is totally ridiculous and irresponsible -- and *underestimated*. The real costs and the inevitable overruns are being hidden in order to push the project through.

Conlin and the rest of the council know that their chances are slim to none if a vote is held. Three years ago, Seattle voters already overwhelmingly voted against a tunnel.

The Seattle City Council held an advisory vote on a Surface/Hybrid tunnel in March 2007 (see link below for text of the council resoluton for the vote.)

Voters were against a tunnel by a *HUGE* margin: 30% FOR, 70% AGAINST.

The 2007 vote was for a Surface/Hybrid tunnel, so officials are using the excuse that they are building a Deep Bore tunnel in order to completely ignore the results. Obviously, that is totally bogus. If people are against a surface tunnel by that large a margin, there is no way they are going to be for a different kind of tunnel. There is nothing about a deep bore tunnel (which should cost a lot more) versus a surface tunnel that would turn that many people around.

Also from the resolution (link below), the estimated cost of the Surface/Hybrid tunnel was $3.41 billion. This makes me think there is something fishy going on with the current cost estimates over $2 billion-something. The Surface/Hybrid tunnel should cost much less than a Deep Bore Tunnel (it's smaller and shallower, and it uses existing streets.)

The state had already approved more than $2billion of financing for a tunnel of some sort before the March 2007 vote. The city essentially just repurposed this money for a different kind of tunnel, conveniently ignoring the real costs in order to get the project started and cement the commitment. The state knows darn well the $2 billion figure is not real -- that's why they want Seattle to pay for the overruns, which will surely occur.

The whole things smells to high heaven.

Link to Seattle City Council resolution for a tunnel advisory vote in March 2007:
http://clerk.seattle.gov/~scripts/nph-br…
More...
Posted by ref on July 26, 2010 at 5:09 PM
29
@27:
>@26, except that it's vastly smaller than the Big Dig

The estimated cost at the start of the Big Dig was $2.8 billion.

The actual cost, at the beginning of 2008: $22 billion.

Don't let Gregoire tell you that there will be no cost overruns.
Posted by ref on July 26, 2010 at 5:13 PM

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