Inslee’s office shoots down Tacoma’s attempt to restart more construction projects
Gov. Jay Inslee’s office has asked the city of Tacoma to rescind a directive that would have expanded the number of construction projects deemed essential during the coronavirus pandemic.
Inslee’s office sent a letter to the city on Wednesday, stating a directive signed by City Manager Elizabeth Pauli and other staff last week undermines the governor’s stay-home order issued last month.
“The document seeks to clarify the Proclamation 20-25, ‘Stay Home, Stay Healthy,’ but because it undercuts substantive provisions of the proclamation, it is unlawful,” wrote Kathryn Leathers, general counsel from Inslee’s office.
The city’s document, titled “First Determination of Essential Construction Activity in Tacoma During the COVID-19 Emergency,” attempts to interpret Inslee’s order that states construction projects that “further a public purpose” are deemed essential.
The city’s document defined essential projects in Tacoma as:
Public/private projects that are owned by a government agency or developed in agreement with a government agency.
Public/private projects that increase the number of affordable or market-rate housing.
Public/private projects that make commercial facilities ready to open or reopen at the end of the COVID-19 emergency.
Public/private construction necessary to repair or prevent damage to structures or prevent unsafe conditions.
The document also listed specific essential projects, including the downtown Convention Center Marriott Hotel, The Hailey Apartments, Tacoma Town Center, all Tacoma Housing Authority projects and the YWCA Family Housing project.
The document also would have required project owners to submit a safety plan for working on site.
Inslee’s office stated in its letter that Tacoma’s action appeared to reopen all construction.
“In fact, I struggle to identify any construction project that could not be completed in accordance with the city’s determination,” Leathers wrote in the letter. “Consequently, the determination is wholly inconsistent with the Proclamation, which sets out a consistent framework for allowable construction.”
The letter also states that the governor prefers “voluntary compliance” over “sanctions” but could pursue civil and/or criminal charges as a last resort if individuals and businesses don’t comply.
Leathers ends the letter by stating Tacoma’s determination creates confusion among developers and builders and asks the city to “immediately rescind or retract” the action.
City of Tacoma attorney Steve Victor told The News Tribune that the city “assured the Governor’s Office that Tacoma’s intention was only to fairly and transparently apply the Proclamation to Tacoma, and we would appreciate further productive engagement.”
Victor added the city is unclear on Inslee’s criteria for determining which specific projects can continue, such as the joint residential and commercial project underway at Point Ruston.
“What Tacoma is really seeking is simply clarity,” Victor wrote in an email to The News Tribune. “What are the criteria? What is the process? How can Tacoma support the projects we believe are essential during the emergency and recovery period?”
Reached Thursday, Point Ruston developer Loren Cohen shared a letter sent to Inslee’s office last month asking for the project to continue.
“We conclude this based on the fact that the Site is being re-developed into a mixed-use neighborhood, and the construction activities related to the mixed-use project are coincident to the construction of the Superfund remediation action,” Cohen wrote.
Workers on the site are dealing with hazardous waste clean-up from a former smelter, Cohen added in the letter.
“Given that the Order expressly exempts ‘Workers who support hazardous materials response and cleanup’’ we believe this includes the construction workers at Point Ruston that are conducting such hazardous cleanup work,” Cohen wrote.
Crews also would follow social distancing and safety measures, Cohen said in the letter.
The state replied in an email to Cohen on March 27, stating: “After reviewing your request, we have determined that your business/activity qualifies as essential.” No other details were offered.
Mayor Victoria Woodards told The News Tribune on Thursday that she understands city staff plan to stand down the order but is hopeful action will be taken as Inslee continues conversations with builders.
“We looked at it from an administrative place and thought there was a path forward… and there wasn’t,” she said.
