Commission Meeting Portal

Special Meeting on Feb 10, 2009 1:00PM

Minutes for the Port Of Seattle Commission meeting, held on Feb 10, 2009 1:00PM

        Commissioners                                               Tay Yoshitani 
                                                                                              Chief Executive Officer 
                      Bill Bryant 
                      Chair and President 
                   John Creighton                           P.O. Box 1209 
                     Patricia Davis                           Seattle, Washington 98111 
                   Lloyd Hara                             www. portseattle.org 
                   Gael Tarleton                              206.728.3000 

             An audio of the meeting proceedings and meeting materials are available on the Port of
                                        Seattle web site - 
                http://www.portseattle.org/about/organization/commission/commission.shtml 
             (The approximate point in the audio recording for the specific item is identified by
            minutes and seconds; example: 01:30.) 
                     APPROVED MINUTES 
              COMMISSION SPECIAL MEETING FEBRUARY 10, 2009 
            The Port of Seattle Commission met in a regular meeting at 12:00 p.m., Tuesday,
            February 10, 2009 in the Commission Chambers at Pier 69, 2711 Alaskan Way, Seattle,
        WA. Commissioners Bryant, Davis, and Hara and Tarleton were present. Commissioner
            Creighton was absent. 
               1.     CALL TO ORDER 
            The regular meeting was called to order at 12:30: p.m. by Bill Bryant, Commission
             President. 
               2.     EXECUTIVE SESSION pursuant to RCW 42.30.110 
            The special meeting was immediately recessed to an executive session to discuss legal
              risk and real estate issues. 
           PLEDGE OF ALLEGIANCE 
               3.     APPROVAL OF MINUTES 
           None. 
               4.    SPECIAL ORDER OF BUSINESS 
           None. 
               5.     UNANIMOUS CONSENT CALENDAR 

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            (00:01:40) Commissioner Bryant noted that the Commission would like to have
            discussion regarding Item 5b; the item was removed from the consent calendar to be
            addressed immediately following the vote on other consent calendar items. 
            Commissioner Bryant also stated that at the request of Commissioner Hara, Item 5e, a
            request for authorization to execute a new Collective Bargaining Agreement with
            International Brotherhood of Teamsters, Local 117, representing Police Specialists, was
            also being removed from the consent calendar and deferred to a future meeting in order to
             allow additional time for review of the agreement. 
               a.  Authorization for approval of payment of Claims and Obligations for the period
             of January 1 through January 31, 2009 
              b.  Removed from consent calendar 
                c.  Request for Commission approval to issue Change Orders #652 and #653 for
              project closeout of the C-1 Baggage Handling System Project in the estimated
              net amount of $1,750,104 by reallocating previously authorized project
               contingency; therefore at no additional cost to the project. 
           Request document: Commission agenda memorandum dated January 27, 2009 from
            Ralph Graves, Managing Director, Capital Development Division 
              d.  Request for authorization for the Chief Executive Officer to execute easements
              with Holland America Line and Princess Cruise Lines for installation and
              maintenance of certain equipment necessary to provide shore power at the
             Smith Cove Cruise Terminal and cost reimbursement not to exceed $710,000. 
           Request document: Commission agenda memorandum dated January 23, 2009 from
            Ralph Graves, Managing Director, Capital Development Division and Charlie Sheldon,
            Managing Director Seaport Division 
                e.  Item deferred. 
                 f.  Request for approval of revised Claims and Obligations for November 1 through
             November 20, 2008. 
               g.  Request for approval of revised Claims and Obligations for December 1 through
             December 31, 2008. 
           Motion for approval of Unanimous Consent Items 5a, 5c, 5d, 5f and 5g - Davis 
            Motion carried by the following vote: 
           In Favor: Bryant, Davis, Hara, Tarleton (4) 

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            Commissioner Creighton was absent for the vote. 
             5b.   (00:04:11) Request for authorization for the Chief Executive Officer to
           execute a Possession and Land Use Agreement between Washington State
           Department of Transportation (WSDOT), the Port of Seattle, and Total Terminals
            International (TTI) for the partial taking of Port of Seattle Terminal 46 for the S.
           Holgate to S. King Street Viaduct Replacement Project. 
           Request document: Commission agenda memorandum dated February 4, 2009 from
            Michael Burke, Senior Manager, Container Leasing and Operations; Christine Wolf,
            Seaport Strategic Planning & Policy/Land Use; and Michael Campagnaro, Manager,
            Container Leasing and Operations 
             Presenter: Mr. Burke and Ms. Wolf 
            Staff provided a brief background on the item, which had been requested by Commission
              prior to a vote. It was noted that there would need to be a return to Commission at a
             future date to amend the TTI lease, the surplusing of the property, and for the final
             settlement on the valuation of the property. 
           Motion for approval of Item 5b  Davis 
            Motion carried by the following vote: 
           In Favor: Bryant, Davis, Hara, Tarleton (4) 
            Commission Creighton was absent for the vote. 
            Prior to moving forward with regularly scheduled agenda items, Commissioner Bryant
            announced that following regular business, there would be a Policy Roundtable
             discussion held regarding the Clean Air Strategy. 
               6.     POLICY AND STAFF BRIEFINGS 
               a.  (00:11:39) Terminal 30 and Terminal 91 Financial and Schedule Status Update 
           Presentation documents: Commission agenda memorandum dated January 28, 2009 and
            computer slide presentation from Fred Chou, Capital Project Manager and Ticson Mach,
            Capital Project Manager 
             Presenters: Mr. Chou and Dakota Chamberlain, Director, Seaport Project Management
           Group 
            Mr. Chou noted that as of the end of January, the cruise building construction was
             approximately 96% complete, and that the current target for receiving the certificate of
            occupancy is next week. He noted that was currently $500,000 remaining in the

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            construction budget and that none of the $3.2 million construction contingency has been
            used. He stated that the terminal should be ready for cruise operations by April 24. 
            Mr. Chamberlain stated that the schedule for Terminal 30 was approximately 75%
            complete. He also noted that dredging, both in-water and uplands, was now complete,
            pending the Coast Guard survey. 
              b.     (00:15:51) Briefing on the Fourth Amendment to the Management
            Agreement between the Port of Seattle and Columbia Hospitality, Inc. for the
           operation of the "Maritime Event Center" (former Odyssey space). 
            Presentation documents: Commission agenda memorandum dated February 3, 2009 and
            computer slide presentation from Joe McWilliams, Managing Director, Real Estate
            Division 
             Presenter: Mr. McWilliams 
            Mr. McWilliams provided a brief background on the history of the Odyssey Maritime
            Discovery Center, and events leading up to the current changes being implemented at that 
             location. Mr. McWilliams commented that there was a single response to the RFP for
            use of the former Odyssey space, which was received from Columbia Hospitality, Inc. 
            Mr. McWilliams clarified that, within the new agreement, the facility would not be used
             as a day-to-day museum facility, as that has not proven financially feasible; however it
             may be used in that capacity for certain functions. 
            Mr. McWilliams noted that today"s Commission briefing would be followed in the near
            future with a request for approval to the amendment to the management agreement. 
            Dan Thomas, Chief Financial Officer, responded to questions from the Commission
            regarding the financing of the Maritime Conference Center. 
               7.     MARINE ITEMS 
               a.     (00:28:45) Authorization for the Chief Executive Officer to (1) Execute the
           Second Amendment to the Lease between Westway Feed Products and the Port of
            Seattle; (2) Proceed with funding for design and permitting of 800 feet of
            replacement fender system at T18 South in the amount of $400,000, for a total
            current authorization of $450,000, and (3) Enter into or amend service agreements
            for an estimated $250,000 to accomplish design and permitting. 
           Request document: Commission agenda memorandum dated January 22, 2009 from
            Michael Burke, Director, Cargo and Container Operations and Mark Longridge, Capital
            Project Manager 
             Presenters: Mr. Burke and Mr. Longridge 

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            Mr. Burke provided background information on the project, noting that it is a renewal and
            replacement project, and not a deferred maintenance project. 
             Commission / staff discussion followed regarding the fact that there are an additional
            400" that will need replacement in the future. Commissioner Tarleton noted her
             hesitancy to vote in the affirmative on the item without including that additional
            incremental amount into the design. 
             CEO Yoshitani suggested that if staff could incorporate the additional design within the
             proposed authorization, a vote would be appropriate, and if the costs go beyond that,
             there should be a hold placed on the project. 
            Motion for approval of Item 7a  Davis 
            Responding to Commissioner Bryant"s question as to whether or not additional GO bonds
            needed to be sold in order to secure funds for the project, CFO Dan Thomas replied that
             that was not necessary. 
            Motion carried by the following vote: 
           In Favor: Bryant, Davis, Hara, Tarleton (4) 
            Commissioner Creighton was absent for the vote. 
               8.     AVIATION ITEMS 
           None. 
               9.     CAPITAL DEVELOPMENT 
               a.     (00:41:19) Resolution No. 3610, First Reading. Declaring certain personal
            property surplus (Port of Seattle Crane 54) for Port of Seattle purposes and
             authorizing its sale or disposal. 
           Request document: Commission agenda memorandum dated January 22, 2009 from
            Nora Huey, Director, Central Procurement Office and Mike Burke, Director, Container
            Operations 
             Presenter: Mr. Burke 
           Motion for First Reading of Resolution No. 3610  Hara 
            Motion carried by the following vote: 
            In favor: Bryant, Davis, Hara, Tarleton (4) 

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            Commissioner Creighton was absent for the vote 
             10.    REAL ESTATE 
           None. 
             11.    GENERAL BUSINESS 
               a.     (00:44:01) Resolution No. 3611, First Reading. Amending Port Commission
           Bylaws. 
           Request document: Commission agenda memorandum dated February 5, 2009 and
            computer slide presentation from Mary Gin Kennedy, Director of Commission Services 
             Presenter: Ms. Kennedy 
            Ms. Kennedy reviewed changes that had been incorporated to the proposed resolution
            which had been requested by the Commission at the previous meeting, when a briefing
            was provided. 
            Prior to the vote, Commissioner Bryant stated that although Commissioner Creighton was
            not present for the vote, he had asked that his support be mentioned of moving forward
            with the proposed revised Bylaws. 
            Motion for First Reading of Resolution No. 3611  Tarleton 
            Motion carried by the following vote: 
           In Favor: Bryant, Davis, Hara, Tarleton (4) 
            Commissioner Creighton was absent for the vote 
             12.    NEW BUSINESS 
            Commissioner Bryant allowed public testimony on Port training issues from the
             following individuals: 
              Jafar Siddiqui, American Muslims of Puget Sound. Mr. Siddiqui commented on
                  his disagreement with certain training that had taken place at the Port, noting that
                   he felt it was biased against minorities. 
               Janice Tufte, Islamic Civic Engagement Coalition. Ms. Tufte commented on
                  what she believed to be inappropriate training at the Port, noting that she felt it
                 was biased against Muslims. Ms. Tufte provided copies for the Commission of
                 the "Emergency Resource Guide for Muslims in the Seattle Area." A copy of the
                 document is by reference, made a part of these minutes, is marked as Exhibit "A",
                   and is on file in Port offices. 

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              Arsalan Bukhari, C.A.I.R. Mr. Bukhari commented on his disapproval of certain
                 training within the Port that he believed to be biased, and commented on what he
                  believed to be negative effects of the training. 
            Kealy Ny. Ms. Ny spoke about Port training that she believed to be biased
                  against race, religion and ethnicity. She asked that the Port Commission issue a
                  resolution against such training. 
            Muhammad Iqbal. Mr. Iqbal commented on the Port training at issue and voiced
                 his concern that it could unnecessarily impact decisions made by law enforcement
                    officers. 
            CEO Yoshitani commented that the concerns voiced have been taken very seriously and
             that he believes a response to the concerns have been appropriately taken. 
            Port Police Chief Colleen Wilson provided background on how the police department has
             reviewed and updated their training. 
            Commissioner Davis stated that she would like to have a briefing on changes made to the
             training prior to deciding whether or not to actually issue a resolution. 
            (01:20:11) Commissioner Bryant called a brief recess, and the meeting was
            reconvened at 2:40 for a Policy Roundtable Discussion of the Clean Air Strategy. 
            Commissioner Bryant noted that there was a Somali interpreter available should that be
            helpful for anyone who would be commented at the meeting. 
            The panel consisted of the following members: 
              Sharon Banks, CEO, Cascade Sierra Solutions 
               David Freiboth, Executive Secretary-Treasurer, King County Labor Council 
               Dan Gatchet, General Manager, Roadlink Intermodal Logistice, Inc. 
              Dennis McLerran, Executive Director, Puget Sound Clean Air Agency 
               Captain Mike Moore, Vice-president, Pacific Merchant Shipping Association
             (PMSA) 
               Heather Weiner, Coalition for Clean and Safe Ports 
            (01:37:26) Charlie Sheldon, Managing Director, Seaport Division, provided an overview
            of the Northwest Ports Clean Air Strategy, which was adopted last year, and commented
             on top contributors to diesel particulate matter in the area. 
            Commissioner Bryant noted that no decision was being made at today"s meeting, but it
             would be an opportunity to listen and have discussion. 
            (01:50:04) Mr. McLerran spoke about the Strategy"s plan to replace truck models pre-
            1994 by 2010 and have 80% of trucks meeting 2007 standards, or greater, by 2015. He
            commented that the Clean Air Agency would like to meet or exceed those goals where

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            possible. He commented on the Agency"s partnering with the Port to meet and exceed
             the goals. 
            (01:54:03) Mr. Freiboth commented on the need to address these issues not only in terms
            of the environment, but also of the economy. Mr. Freiboth spoke about the need to focus
            on not only emissions considerations, but also employment and wage issues, noting that
            low-wage conditions lead to non-green drayage operations. He commented on the
            importance of reducing taxi dead-heading. Also noted was a concern about the diversion
             to foreign ports rather than domestic ports. Mr. Freiboth mentioned statistics of the
             average income of truckers, as well as the lack medical insurance and retirement benefits
             available to them. 
            (02:05:48) Ms. Banks provided background on Cascade Sierra Solutions (CSS), noting
             that they do outreach to help truckers identify solutions and gain access to incentives and
            low-cost financing. Main strategies of CSS include providing grants and loans to retrofit
            existing trucks, providing affordable trucks that are already upgraded, and promoting
             cleaner and alternative fuels. Ms. Banks stated that in order to qualify for an upgraded
            truck, a trucking company must agree to scrap a pre-1994 truck. 
            (02:10:22) Ms. Weiner stated that she would like to see a meeting held in public at a
             more accessible time for people to attend. Ms. Weiner submitted a copy of a letter to the
            Port Commission regarding truck issues. A copy of the letter is by reference, made a part
             of these minutes, is marked Exhibit "B", and is on file in Port offices. She stated three
             suggested goals for 2010, including using the most effective available retrofit filters on
            the trucks; take pre-1994 trucks off the roads; and having trucking companies be
            responsible for operation and maintenance of trucks. She stated she believes that trucks
             already here should be retrofit before bringing in any trucks from California. 
            (02:20:59) Mr. Gatchet commented that trucks actually make up a small portion of the
             overall air emissions, but are a very visible part of the problem, and that it is important to
            adopt new standards. He stated that he believes there are currently too many trucks
            owned for the volume of cargo that comes into the Port. He stated that he believes the
             Port should set standards to phase out older trucks, but not dictate the use of employee or 
            owner operators. 
            (02:25:13) Captain Moore emphasized three points he made at a previous meeting,
             which were the need to focus on cost, reliability and certainty. He stated the importance
            of not compromising the Port"s competitiveness, and to focus on goals, and continue
            dialogue with marine terminal operators. 
            Tom Tanaka, Senior Port Counsel, responded to questions regarding whether or not the
             Port can impose regulations through tariffs, and stated that it was not within the Port"s
             authority to do so. He provided an explanation of differences in tenant leases and tariffs
             at the Port of Seattle, and those at Los Angeles/Long Beach. 


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             Discussion followed regarding the effectiveness and cost of different levels of filters
             available to trucks. 
            Commissioner Tarleton commented on signs that were being held up by several people in
            attendance which said "Good Jobs, Clean Air" emphasized her commitment to that, and
             noted the importance of discussing what kind of industry structure there should be. 
            Captain Moore suggested that as a baseline, we should look at what would happen if we
             do nothing, and raised the questions of whether the core mission is to legislate and to
            think about what is the accomplished aim. 
            Mr. Freiboth commented on the need to create a good business climate and good jobs,
             which include a sustainable lifestyle for middle-class workers. 
            Mr. Gatchet suggested that he would like to see terminal operators open from 6 a.m. until
             6 p.m. and hoped that trucks could get in and out in 20 minutes. 
            Before taking public comment, Commissioner Bryant read into the record a letter from
            the Robin Lanier, Executive Director, Waterfront Coalition, dated February 9, 2009. A
             copy of the letter is, by reference, made a part of these minutes, is marked Exhibit "C",
              and is on file in Port offices. 
            Public comment was then received from the following individuals: 
               Joe Rinzel, Retail Industry Leaders Association. Mr. Rinzel expressed support for
                  the Port"s outline for a clean truck program. A written copy of Mr. Rinzel"s
                 comments were submitted, is by reference made a part of these minutes, is
                  marked Exhibit "D", and is on file in Port offices. 
               Mark Johnson, Washington Retail Association. Mr. Johnson spoke in support of
                 the Northwest Clean Air Strategy and against container fees. 
              Paul Masson, Eco-Star Collaborative. Mr. Masson provided documents for
                 reference which suggested a program which he stated would assist in the
                  reduction of diesel particulates. A copy of the documents are by reference, made
                  a part of these minutes, are marked collectively as Exhibit "E", and are on file in
                   Port offices. 
            Michael McGrath, ACORN. Mr. McGrath commented on the ongoing issue of
                  truck parking in the South Park area. 
             Patti Ludwig, ACORN. Ms. Ludwig commented on the need to have meetings
                  held at a more accessible time to truckers. Copies of form letters regarding
                 trucking and clean air issues signed by members of the community were
                 submitted by Ms. Ludwig; are by reference, made a part of these minutes; are
                  collectively marked Exhibit "F"; and are on file in Port offices. 
              Howard Greenwich, Puget Sound Sage. Mr. Greenwich spoke in support of the
                  Clean and Safe Ports Coalition and their 3-points proposal. 
             Sarah Warren, HERE Local 8. Ms. Warren spoke in support of the truck drivers
                  and voiced concern over the Port"s clean air plan. 

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               Joyce Tseng, Community Coalition for Environmental Justice. Ms. Tseng
                 commented that she believes the Port"s clean air plan places too much of an
                 economic burden on the truckers. 
              John Guevara, who commented there should be more emphasis on which
                 communities are affected by air problems. 
               Steve Dzielak, Puget Sound Alliance for Retired Americans. Mr. Dzielak spoke
                 in support of the Clean and Safe Ports 3-point program. 
              David DeBruyn, American Lung Association. Mr. DeBruyn stated that he felt the
                 2010 air emissions goal should be made mandatory. 
              Craig Peterson, Roadlink. Mr. Peterson spoke in favor of opening the Ports for
                 longer hours in order to make more truck runs. 
             Karen Deal, UFCW Local 21. Ms. Deal supports reducing truck emissions,
                  specifically in the Georgetown area. 
               Curt Nucccitelli, Spirit Transport Systems, Inc. Mr. Nuccitelli spoke in support of
                 the clean air program as well as a safe working environment. 
            The special meeting was recessed briefly and reconvened for further public testimony 
             from the following individuals: 
            Audio from this point forward can be found in 'Audio Part 2' on the Port's website. 
               Olufemmi Dosummu, who stated that he feels the trucking companies should be
                  responsible for buying the new trucks, and that currently the responsibility is on
                   the truck drivers. 
               Mike Ferguson, Supervalu, International. Mr. Ferguson commented that he feels
                  that trucks emissions issue should be regulated and controlled at a state level,
                   noting that the dray fleet is a small part of the issue and doesn"t only affect the
                  south end. 
            Written comments were submitted for the record from the following individuals:
            Elizabeth Slaughter; Debbie Carlsen; Rick Horner; Stefan Moritz; Jenon Laurene; Shauna
           Hogan; Thomas St. Jacque; James D. McGee; Steven D. Walken; Michael Harris; Alex
            King; David R. Robinson; Felipe Gomez; Patti Ludwig; Catherine Pottinger; Nora
            Sullivan; Lily Wilson-Codega; Chris Hash; Dale Bright; Linda Anderson; James D.
            Stewart; and Keith J. Weir. Copies of the comments are by reference, made a part of
             these minutes, are marked collectively as Exhibit "G"; and are on file in Port offices. 
            A copy of a letter to the Commission dated January 22, 2009 from Mahad Dimbi was
             submitted for the record; is by reference made a part of these minutes; is marked as
             Exhibit "H"; and is on file in Port offices. 
            Public comment was then received from the following individual regarding the Eastside
             Rail Corridor: 

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               Will Knedlik, who commented on his interest in hearing more from the Port
                  regarding what a proposal to Sound Transit might look like at this time. Mr.
                 Knedlik provided a copy of a document titled "Burlington Northern Santa Fe
                 (BNSF) Eastside Corridor Commuter Rail Feasibility Study" for the record. A
                 copy of the document is by reference, made a part of these minutes; is marked
                   Exhibit "I" and is on file in Port offices. Mr. Knedlik stated that he would provide
                 to Commissioners, when available, the summary of a recent Sound Transit citizen
                 oversight panel meeting which he referenced in his comments. 
             13.    ADJOURNMENT 
            There being no further business, the meeting was adjourned at 5:06 p.m. 
             (A digital recording of the meeting is available on the Port"s website.) 

           Lloyd Hara 
            Secretary 












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