Commission Meeting Portal

Special Meeting on Nov 30, 2009 1:00PM

Minutes for the Port Of Seattle Commission meeting, held on Nov 30, 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                              206.787.3000 

             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 NOVEMBER 30, 2009 
            The Port of Seattle Commission met in a special meeting at 1:00 p.m., Tuesday, 
            November 30, 2009 in the Commission Chambers at Pier 69, 2711 Alaskan Way, Seattle,
        WA. Commissioners Bryant, Creighton, Davis, Hara and Tarleton were present. 
               1.     CALL TO ORDER 
             The special meeting was called to order at 1:00 p.m. by Bill Bryant, Chair and President.
            Prior to scheduled agenda items, Commissioner Creighton asked for a moment of silence
             in honor of the state's four recently fallen Police officers 
               2.     EXECUTIVE SESSION pursuant to RCW 42.30.110 
           None. 
           PLEDGE OF ALLEGIANCE 
               3.     APPROVAL OF MINUTES 
            Motion for approval of the minutes of the October 12, 2009 special joint study
            session with the Port of Tacoma - Tarleton 
           Second  Davis 
            Motion carried by the following vote: 
           In Favor: Bryant, Davis, Hara, Tarleton (4) 

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            Commissioner Creighton was absent from the subject meeting 
            Motion for approval of the minutes of the October 13, 2009 regular meeting - 
           Creighton 
           Second  Hara 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
               4.    SPECIAL ORDER OF BUSINESS 
           None. 
               5.    (00:02:36) UNANIMOUS CONSENT CALENDAR 
               a.  Authorization for the Chief Executive Officer to execute an Operations and
              Maintenance Agreement with Sound Transit to establish responsibilities at the
              Link Light Rail Airport Station at Seattle-Tacoma International Airport for a
               total of $3,000 of net reimbursement. 
           Request document: Commission agenda memorandum dated November 3, 2009 from
            Michael Ehl, Director, Aviation Operations and David Soike, Aviation Deputy Managing
            Director. Also provided was a draft agreement. 
              b.  Authorization for the Chief Executive Officer to execute a professional services
               Indefinite Delivery Indefinite Quantity (IDIQ) contract for architectural
               services totaling $750,000 for three years in support of upcoming capital
              improvement projects at Seattle-Tacoma International Airport. 
           Request document: Commission agenda memorandum dated November 3, 2009 from
            Robert F. Riley, Director, Aviation Capital Improvement Program 
                c.  Agreement for early termination of Clear Channel Outdoor, Inc.'s leaseholds
               and settlement of any claims related to the removal of certain signs on Portowned
              property acquired for the East Marginal Way Grade Separation Project. 
           Motion for approval of Consent Items 5a  5c: Davis 
           Second  Tarleton 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 

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               6.   DIVISION, CORPORATE AND COMMISSION ACTION ITEMS 
               a.  (00:03:30) Commission determination that a competitive solicitation process is
              not appropriate or cost effective and that the contract with Herbert Engineering
             Corporation for the Green Gateway Study is therefore exempt from the
             requirements of RCW 53.19.020 (5) so that Herbert Engineering Corporation
              may continue to develop the Green Gateway Study for a period of three years
              during which, under existing authority and limitations, the Chief Executive
              Officer may enter into service agreements with Herbert Engineering as
              required. 
           Request document: Commission agenda memorandum dated November 17, 2009 from
            Charlie Sheldon, Managing Director, Seaport Division and Nora Huey, Chief
            Procurement Officer, Capital Development Division 
             Presenter: Mr. Sheldon 
            As background on the item, Mr. Sheldon explained that in 2008, Herbert Engineering was 
            retained under a small contract as they had proprietary databases understanding ship
            propulsion systems and fuel consumption and they worked with the Port in developing a
             study of the carbon footprint of various supply chains to various markets within the U.S.
            through Seattle and other West and East Coast Ports. Staff believes they need to engage
            with Herbert Engineering in other contracts in order to do some further work on the
           Green Gateway Study. He stated that Herbert Engineering is really the only firm that has
             the types of databases which are needed to do this type of work. 
            Motion for approval of Item 6a  Davis 
           Second  Tarleton 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
              b.  (00:12:44) Authorization for the Chief Executive Officer to complete contract
             documents; execute, award and amend outside professional services agreements;
              perform construction services; perform testing services; perform contract
              administration and execution; and perform pollution remediation activities,
              relating to environmental reserve funds in 2010, including environmental
              investigations, studies and cleanups on Port properties for a total authorization
              of $13,141,000. This authorization is for the Environmental Reserve component,
              which totals $7,548,000, plus the portion obtained from cost-sharing agreements
              where the Port holds contracts on behalf of others, which totals $5,593,000. 

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           Request document: Commission agenda memorandum dated November 13, 2009 from
            Stephanie Jones Stebbins, Senior Manager, Seaport Environmental Programs and
            Elizabeth Leavitt, Director, Aviation Planning and Environmental 
             Presenters: Ms. Jones Stebbins and Ms. Leavitt 
             Ms. Jones Stebbins stated that this request is for annual authorization for reserve
             spending for 2010. Ms. Leavitt clarified that none of the environmental projects at the
             Airport are designated as superfund sites, and Ms. Jones Stebbins stated that most of the
             Seaport projects actually are classified as Federal projects, and mentioned specifically
             those which are not. 
            Responding to a question from Commissioner Hara regarding Federal stimulus money,
             Ms. Jones Stebbins noted that although receiving funds remains a possibility, there is
             more potential in the area of the clean air initiatives rather than on the clean-up side. Ms.
             Leavitt stated that staff continues to do whatever possible in pursuing cost recovery from
             other responsible parties and have been quite successful in so doing. 
           Motion for approval of Item 6b  Davis 
           Second  Tarleton 
            Motion carried by the following vote: 
           In Favor: Bryant, Creighton, Davis, Hara, Tarleton (5) 
               7.   STAFF BRIEFINGS 
               a.  (00:25:53) Update on Port Reform Initiatives 
            Presentation documents: Commission agenda memorandum dated November 24, 2009
            from Linda Strout, Deputy Chief Executive Officer; Ralph Graves, Managing Director,
            Capital Development Division; and Colleen Wilson, POS Chief of Police. Also provided
            were computer slide presentations regarding the Workplace Responsibility Program;
           Procurement Reforms; and Police Department Reforms 
             Presenters: Ms. Strout, Mr. Graves, and Chief Wilson 
            (00:28:59) Ms. Strout noted that she had come before the Commission in April of this
            year to brief the Commission on what was then the concept of the Workplace
            Responsibility program, and that today she would provide an update on what has been
            accomplished since that time. She commented that the 6 policies which existed in the
            concept presented in April have now become 15. 


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            Ms. Strout reviewed the program's Statement of Values, noting that the values provide
             not only inspiration, but also room for growth. Highlights of the Statement of Values
             included: 
               We conduct business with the highest ethical standards 
              We honor our commitments to one another, the community and our customers 
               We are capable, high-performing people who appreciate the privilege of public
                  service 
               We embrace the richness of a diverse workplace and support employee
                development 
               We are responsible stewards of community resources and the environment 
            Code of Conduct Policies to be included in the Workplace Responsibility Program were
            reviewed by Ms. Strout, some of which were pulled out from previous Port Policies and
            some were newly created.
            Commissioner Hara suggested that it would be beneficial to have an annual review of the
             Policies by staff read them in order to provide reinforcement of their importance. Ms.
             Strout stated that for the first year, staff will be required to review and sign all 15 policies
            and noted there will also be an online training course regarding Workplace
            Responsibility. This training will also be incorporated into the Port's new employee
              training. 
            Ms. Strout commented on a position within the 2010 budget titled, Workplace
            Responsibility Officer" which would report to the General Counsel and interviews for
            that position would be forthcoming.
            Also noted was the fact that as a part of Leader/Manager PREPs, competencies regarding
            the Code of Conduct Policies are being added as a measurement of performance during
            the year and will be incorporated into performance reviews going forward. 
            (00:52:38) Mr. Graves stated that in Port procurement processes, staff will always
            pursue areas for continuous improvement and will keep track of changes in the law and
             changes in best practices. He noted that changes have largely been completed in
            response to the State Auditor's Office (SAO) report in 2007 and to the recommendations
             resulting from the Special Investigation in 2008. He noted that training is available and
            will be provided for all Procurement Policies and Procedures.
            (01:03:53) Chief Wilson briefed the Commission on work being done by the Police
            Department in support of the Workplace Responsibility effort, and noted that one of the
            Department's Guiding Principles is 'Leadership,' and that the Department expects to be a
             leader in building community trust for the Port.
            She stated that of the recommendations resulting from the Seabold Report (6), the
            Commission's Blue Ribbon Panel (10); and Judge Carroll's Report on Internal Affairs 
            (8), all recommendations have been completed. She also referenced a professional

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            review of the Department which was conducted in response to their request and which
            was conducted by the Washington State Association of Sheriffs and Police Chiefs
          (LEMAP Report). The LEMAP Report resulted in 114 recommendations, 104 of which
             will be completed by the end of the year, and 10 of which are currently on hold. 
            Chief Wilson also spoke about a new 'state of the art' Department Manual and noted that
            the manual must be reviewed twice a year, something which is based on legal decisions
             as well as best practices in the industry. 
            Other areas of change in the Police Department reviewed by Chief Wilson included: 
               Internal Affairs 
             Negotiated Changes 
                   o Patrol Schedule 
                 o Weekend K-9 Coverage 
                    o Straight time vs. Overtime 
                   o New Organizational Chart 
              Reduction of Overtime 
              b.  (01:22:23) Briefing on On -Demand Taxi Services at Seattle-Tacoma
              International Airport (Airport) 
            Presentation documents: Commission agenda memorandum dated November 4, 2009
            from Michael Ehl, Director, Aviation Operations. Also provided was a copy of the
            Request for Proposals 
             Presenters: Mr. Ehl and Paul Grace, Senior Manager, Airport Operations  Landside 
             Mr. Ehl stated that this briefing was to provide information on the status of the Request
            for Proposals (RFP) which was solicited in September of this year for on-demand taxi
             service at the Airport, and noted that this was the first time in some twenty years that the
             contract has been let under a competitive process.
             Four objectives were noted in the process: 
                 Maintain safe, efficient service with maximum five-minute wait times 
                 Operate an environmentally superior fleet and reduce deadheading 
                  Standardize taxi rules and regulations within the region to the greatest extent
                    possible 
                  Provide economic benefit to taxi associations, operators, drivers and the Port 
             Mr. Ehl stated that at this time staff is not ready to provide a recommendation to the
             Commission, but noted that there is quite an aggressive timeline as the existing contract
             expires at the end of August, 2010, and if there should be a change in provider, the eight
             or nine months remaining would be important in facilitating the transition. He

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            commented that staff would be ready to return with a recommendation to the
           Commission by December 15. 
            Mr. Grace noted the companies from with proposals were received: 
             Orange Cab Co. 
              Rainier Dispatch, LLC (Farwest) 
               Seattle-Tacoma International Taxi Association (STITA) 
              Checker Cab of Seatac 
              Puget Sound Dispatch (dba Yellow Taxi Association) 
               Airport Joint Venture Taxicab (Partnership of Yellow/Farwest/Orange) 
            Mr. Grace reviewed the criteria which was used during the evaluation and noted
            examples from the proposals received. 
            Mr. Grace spoke about the deadheading issue noting there were two elements that staff is
            concerned with, those being the importance of the company holding to their proposed
             percentage of deadheading reduction, and also the specifics of the plan that each
           company proposed.
             Other elements looked at by staff included the financial stability and strength of the
            company; the experience and qualifications of the company; and the ability to meet the
             'green fleet' requirement. 
                c.  (01:54:20) Terminal 5 Maintenance Dredging Update 
            Presentation documents: Commission agenda memorandum dated November 20, 2009
            and computer slide presentation from Stephanie Jones Stebbins, Senior Manager, Seaport
           Environmental Programs and Michael Burke, Senior Manager, Container Leasing and
            Operations 
             Presenters: Mr. Burke, Paul Meyer, Manager, Environmental Programs, and Jon Sloan,
           Senior Environmental Program Manager 
            Mr. Burke provided background information on the previous Commission authorization
             for the study of dredging at Terminal 5, noting that historically there has not been a great
            deal of dredging needed at the Terminal. He stated that over the years, however, a
             significant amount of materials have accumulated, and that the Port maintains a certain
             dredge depth at all of their terminals. 
            Information was provided on the proposed long-term dredging strategy, which addresses: 
               Issues such as equipment tolerances 
               Frequent sloughing at Terminal 5 
               Minimum safety for newer deep draft vessels 

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               Future changes to sediment standards  upland vs. open water disposal 
             Phasing: Berth 2 in early 2011, Berths 1 and 3 later 
            Mr. Meyer stated that staff will be asking the Army Corps of Engineers (Corps) for a tenyear
            programmatic permit for phases dredging over the next ten years, which will
            eliminate the perception of a piecemeal approach. He also noted that for each dredging
             project, staff will return to the Commission for approval. 
            Responding to a question from Commissioner Tarleton regarding disruptions of Terminal
            operations while dredging, Mr. Meyer gave assurance that working with the construction
             people in that regard is always a part of the process. 
              d.  (02:14:27) Briefing on Proposed Replacement of the Fishermen's Terminal
             Building C15 Heating, Ventilation and Cooling (HVAC) System 
            Presentation document: Commission agenda memorandum dated November 10, 2009
            from Melinda Miller, Director, Portfolio Management and Kate Deaver, Capital Project
           Manager 
             Presenter: Ms. Deaver 
            Ms. Deaver explained that replacing the HVAC system at Fishermen's Terminal is an
             excellent example of how the Port properly takes care of the buildings on their properties.
            She noted that the current HVAC system has performed past its useful life and also
             explained why replacement of the system is a structural issue. She stated that this item
             will return to the Commission in early 2010 for design authorization. 
                e.  (02:19:27) Update on Emergency Management Planning  Green River
             Flooding 
            Presentation document: Commission agenda memorandum dated November 17, 2009
            from Ralph Graves, Managing Director, Capital Development Division; Kathleen
            Gleaves, Emergency Preparedness Manager Seaport Division; and Michael Lufkin,
            Emergency Preparedness, Aviation Division 
             Presenter: Mr. Graves 
             Mr. Graves provided an overview of the current status of the Port's preparations for
            potential flooding on the Green River due to reduced capability of the Howard Hansen
          Dam. 
            Topics reviewed included: 
               A reduction in the chance of flooding from 1:3 to 1:25 
               Port planning organization and staff communications in place, while some other
                  agencies are not quite as prepared 

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               Procurement and setup of emergency generators for the Airport are nearing
                 operational completion 
                Priorities and procedures for responding to public and private requests for real
                  estate facilities to relocate from flood-threatened zone are in preparation. Four
                 formal requests have been received 
               Port has agreed in principal to enter into an agreement with King County for
                emergency use of the Smith Cove Cruise Terminal 
            Before adjourning, Commissioner Bryant announced that the final Commission meeting
            of 2009 would be held on December 15 at Pier 69. 
               8.   NEW BUSINESS 
           None. 
               9.   POLICY ROUNDTABLE  BUDGET WORKSHOP 
           None. 
        10. ADJOURNMENT 
            There being no further business, the meeting was adjourned at 3:35 p.m. 
             (A digital recording of the meeting is available on the Port's website) 

             Bill Bryant 
             President 








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