Exhibit B
Exhibit B Port Commission Special Meeting of February 28, 2012 HONORABLE BETH ANDRUS SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING ARTHUR LANE, JOHN ALLERTON Case No. 10-2-25591-5 10 AND KENNETH GOROHOFF, individually and on behalf ofthe class of all ll persons similarly situated, DECLARATION OF GAEL TARLETON 12 Plaintiffs, NOTED FOR: 13 vs. Friday, November 18, 2011 at 9:00 am. 14 PORT OF SEATTLE; KING COUNTY; BNSF RAILWAY COMPANY; GNP RLY, 15 INC.; and CITY OF REDMOND, 16 Defendants. l7 I8 I, Gael Tarleton, declare as follows: 19 1. I am a Commissioner with the Port of Seattle ("Port"), a defendant in the above 20 captioned matter. I am over age 18 and competent to be a witness. I am making this 21 declaration based on facts within my own personal knowledge. 22 PERSONAL BACKGROUND 23 2. I am one of ve Commissioners for the Port. I was elected as a Commissioner 24 in 2007 and have served continuously since then. I was Commission Vice-President for two 25 years, and have chaired several Commission committees. DECLARATION OF GAEL TARLETON - l ""V05'" DANIELSON HARRIGAN LEYH a; TOLLEI-'SON LLP 999mm AVENUE. sun-5 "no sums. WASHINGTON 93104 TEL. (206) 523-1700 FAX. (206) 623-87" 3. In 1981, I earned a BS. from Georgetown University's School of Foreign 2 Service in Washington, DC. In 1983, I obtained a Master's degree in Government and National Security Studies, also from Georgetown University in Washington D.C. (while working full-time at the Defense Intelligence Agency). 4. From 1981 to 1990, I worked as a defense analyst for the Defense Intelligence Agency, which is part of the United States Defense Department in Washington DC. Between 1990 and 2002, I was a Vice President for International Programs at Science Applications International Corporation ("SAIC"). SAIC is a Fortune 300 company providing scientic, engineering, systems integration, and technical services and products to the United States 10 military, the Department of Defense, the intelligence community, the Department of Homeland ll Security, and other United States federal and state civilian agencies. From 2002 to 2003, I 12 worked as the director of Eurasian policy studies at The National Bureau ofAsian Research, a 13 policy think tank in Seattle, WA. From 2004 to the present, I have worked at the University of 14 Washington. At present, I am a part-time research advisor for the Institute for National 15 Security Education and Research ("INSER") at the University of Washington. INSER is a 16 forum for independent research in the areas ofpublic safety and national security issues. 17 5. I also serve on the Tri-County Regional Executive Policy Committee, 18 supporting emergency response and recovery governance and communications plans in the 19 Puget Sound area. I have been a keynote speaker for port and maritime security conferences 20 sponsored by the Department ofHomeland Security in Seattle and Washington, DC. I also am 2] a volunteer Board member for the Southwest King County Economic Development Initiative; 22 the Lower Duwamish Transportation Management Association; and the Foundation for 23 Russian-American Economic Cooperation. 24 6. As a Commissioner from 2007 to the present, I was involved in the Port's 25 efforts to acquire the Eastside Rail Conidor (also referred to as the "ERC," "Con'idor," or the DECLARATION OF GAEL TARLETON - 2 MWW1C" DANIELSON HARRIGAN LEYH & TOLLEFSON LLP 999 mm: AVENUE, sum: "oo SEATTLE, WASHINGTON 98l04 TEL, (206) 6234700 FAX. (206) 623-87" "Woodinville Subdivision"). As explained below, I personally participated in eleven Commission meetings in which acquisition of the ERC was discussed. Throughout the process, I consulted with and was advised by the Port's ChiefExecutive Officer, Tay Yoshitani, about the negotiations between the Port, King County, and the seller, Burlington Northern Santa Fe ("BNSF"). I have direct knowledge about the reasons for the Port's acquisition ofthe ERC. RESOLUTION 3639 7. Resolution 3639, which authorized and ratied acquisition of that portion ofthe ERC located in Snohomish County ("the Resolution"), was passed by the Port of Seattle on 10 August 3, 2010. A true and correct copy of the Port's Resolution is attached as Exhibit 1 to ll my declaration. I voted in favor of the Resolution. 12 8. I understand that plaintiffs allege that the Resolution was passed without any 13 consideration ofthe factual or legal issues involved, and that the Port Commission had no basis 14 for its conclusion that the northern portion ofthe Corridor was reasonably necessary to link rail 15 services, equipment and facilities within the Port to an interstate railroad system. I disagree 16 with those assertions. 17 9. It cannot be reasonably disputed (and is demonstrated on maps ofthe ERC) that l8 the part ofthe ERC in King County is connected to the interstate railroad system by the 19 northern part of the ERC located in Snohomish County. The Snohomish County part ofthe 20 ERC is, in fact,m to connect the line within the Port's district to the interstate rail 21 system. When I voted for Resolution 3639, I knew ofthe route and other characteristics of the 22 ERC, and was well aware ofthe need to acquire the portion of the ERC within Snohomish 23 County to connect the portions in King County to the interstate rail system. 24 THE COMMISSION'S DELIBERATIONS ABOUT THE ERC 25 DECLARATION OF GAEL TARLETON - 3 LAW OFFICES DANIELSON HARRIGAN LEYH & TOLLEl-'SON LLP 99911-1an AVENUE. sum: "00 SEATTLE, wasnmorou 9:104 m. (206) 623-1700 FAX. (205) 623-8117 10. Between 2007 when I was elected to the Port Commission, and the end of2009, the Port actively discussed and deliberated in public meetings the acquisition of the ERC. As a Commissioner, I engage in daily discussions with constituents, Port staff, other Commissioners, and other elected representatives (such as representatives om King County) regarding a wide variety of issues. Not infrequently, those discussions have involved the Port's acquisition of the ERC, including its physical layout, existing use for eight operations, and potential rture uses. 11. The Port's acquisition ofthe ERC was raised in no less than fourteen separate public Port Commission meetings in addition to the August 3, 2010 meeting at which 10 Resolution 3639 was adopted. I participated in eleven of these meetings including meetings ll that occurred in 2008 (February 12, April 8, April 22, May 6, May 12, June 10, October 28) 12 and 2009 (February 10, July 7, October 13, December 15). Those meetings included many 13 discussions and/or briengs about the ERC's characteristics; current and potential future uses 14 ofthe ERC; the continued use of the northern portion of the ERC as an active freight rail line 15 connected to the interstate railroad system; and other subjects that supported my determination 16 that the Port's acquisition of the Corridor in its entirety was reasonably necessary. True and 17 correct copies of the meeting minutes are attached as Exhibits 2 through 15. 18 12. In particular, when I voted in favor of Resolution 363 9, I was personally aware 19 that the northern portion ofthe ERC that is the subject ofthe plaintiffs' challenge, with the 20 exception of the Redmond Spur, is currently used as an active freight corridor serving several 21 businesses in King County. I understand that those businesses receive eight through the ERC 22 from a variety of locations throughout the United States and Canada. Those businesses would 23 not be able to receive freight by rail from the interstate railroad system but for the ERC, 24 including the portion in Snohomish County. 25 DECLARATION OF GAEL TARLETON - 4 umomens DANIELSON HARRIGANmu & TOLLEFSON LLP 999mm: AVENUE. sum: "00 sums, WASHINGTON 98104 TEL, (206) 623-1700 FAX, (206) 623-87" 13. Based on my education, employment history, and experience, I consider myself to have particular expertise in national security issues, including issues relating to critical transportation infrastructure and networks. I- analyzed such networks as a defense intelligence analyst. That experience has given me the background to make reasoned decisions about the necessity ofparticular transportation corridors for freight and transportation purposes, and to assess the relative importance of those corridors to a particular region. 14. I view the regional and national rail systems as an integrated network for both current and future uses, whether for the movement of freight, passengers, or for national security purposes. There is no question in my mind that the entire ERC, including that portion 10 in Snohomish County, is critical to the region's and nation's transportation infrastructure. II 15. I understand that plaintiffs have offered a narrow'view ofthe Port's role and I2 have suggested that the Port was authorized to acquire the ERC only if it was to facilitate l3 intermodal movement ofcargo to and om the harbor and airport, or the movement of 14 passengers to and from the port or airport. But the Port is vested with the broader 15 responsibility to foster economic development in the region, among other things. This is 16 reected in the Port's 2009 mission statement, which provides that the Port's mission is to 17 advance trade and commerce, and stimulate industrial growth and economic development. In 18 my opinion, the acquisition of the ERC is consistent with this mission. 19 16. The Port's acquisition of the ERC, including that portion within Snohomish 20 County, will enhance the Port's ability to compete against other ports in the future. The Port 21 must consider its ongoing competitive strength relative to other ports along the West Coast of 22 the United States and Canada, making strategic investments and decisions to maintain or 23 improve that competitive strength. Every decision the Port makes today to improve freight 24 mobility increases the Port's ability to adapt to changes in pattems of global trade and 25 commerce. The Port's acquisition of the ERC is an example ofthe type of strategic investment DECLARATION OF GAEL TARLETON - 5 LAW OFFICES DANIELSON HARRIGAN LEYH 8: TOLLEl-'SON LLP 999 THIRD AVENUE. SUITE 4400 SEATTLE. WASHINGTON 98104 1'51. (206) 623-1700 FAX, (206)623-8717 that the Port must make to ensure the Port remains competitive. For instance, the Port's acquisition ofthe ERC improves the resiliency of the region's transportation system by providing alternative freight routes and enhancing existing capacity. It also improves the Port's ability to accommodate shifts in global trade. 17. The Port's acquisition of the ERC also creates the potential for developing a passenger rail system. If the Corridor were used for such a system, this would take pressure off other transportation corridors, such as I-5 or I-405, for passenger transportation. It would also take pressure offof BNSF's mainline as passenger rail route. Because virtually everything the Port does involves the movement ofpeople and goods, the Port's acquisition of 10 the ERC to improve its ability to accommodate the future movement ofpeople and goods ll including that part outside of the County was a prudent investment for the future. 12 RESPONSE TO PSRC STUDY 13 18. I understand that plaintiffs rely heavily on a report prepared about ve years 14 ago by an advisory committee of the Puget Sound Regional Council ("PSRC"), stating that the 15 ERC was not a strategic rail corridor. I understand that they assert that I have "completely 16 forgotten the aspect ofthat study most critical to [my] vote the PSRC's conclusion that the l7 Corridor was not a strategic freight rail corridor that could be used to back up the Mainline." l8 That assertion is inaccurate. 19 19. I have not "forgotten" the PSRC report or its conclusions. To the contrary, I 20 testied that I had reviewed the PSRC study in 2008, and again shortly before my deposition. 21 I was aware of the PSRC advisory committee study at the time I voted in favor of Resolution 22 3639. 23 20. But I was not bound by the reasoning of an advisory committee ofthe PSRC. 24 My decisions as a Port Commissioner about how to allocate Port resources in light ofthe Port's 25 authority and responsibilities are more complex and differ from the purpose of the advisory DECLARATION OF GAEL TARLETON - 6 MW0mm DANIELSON mama/m LEYH a Tour-:rson LLP 999mm AVENUE. sum "no sen-ma. wasumorou 93104 TEL. (206) 623-1700 FAX, (206) 623-8717 committee. As a Port Commissioner, I am inuenced by the need for long-range planning; the importance of exibility and resilience in County-wide transportation planning; maintaining the Port's long-term competitiveness; and creating connections to the interstate rail system to encourage and support economic growth. Those factors, among others, inuenced my decision that the Port's acquisition of the ERC was appropriate. PASSAGE OF THE COMMISSION RESOLUTION 21. I understand that plaintiffs have criticized Resolution 3639 on the basis that it was passed after the Port decided to acquire the ERC. At the time the Commission considered the Resolution. it already had engaged in years of discussions and deliberations about the ERC. 10 22. In light of this history, I understood that Resolution 3639 was a procedural step ll for completing the ERC acquisition transaction. The Resolution's conclusion, that the 12 acquisition of the northern portion was necessary to connect rail facilities within the Port 13 district to the interstate rail system, was one that I had reached much earlier. The fact that I did 14 not have particular information in front of me at the time I voted for adoption of the Resolution 15 is irrelevant, since Ihad the relevant information in mind as a result of the deliberations that I l6 had been involved in since 2007 relating to the ERC, as well as my own personal knowledge l7 based on my education, background, and experience. 18 I declare under penalty of perjury under the laws of the State of Washington that the 19 foregoing is true and correct. 20 DATED this 10 day of October, 2011, in Seattle, Washington. 21 22 23 WWW 24 GAEL TARLETON DECLARATION OFGAEL TARLETON - 7 ""V omens nametson HARRIGAN LBYH & TOLLEFSON 1.1.9 519911mm AVENUE. sum;"00 SEATTLE. WASHINGTON 9810' TEL. (106)623-1711) FAX. (206) 621-8711
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.