Minutes
P.O. Box 1209 Seattle, Washington 98111 www.portseattle.org 206.787.3000 APPROVED MINUTES COMMISSION REGULAR MEETING NOVEMBER 16, 2021 The Port of Seattle Commission met in a regular meeting Tuesday, November 16, 2021. The meeting was held remotely in accordance with Senate Concurrent Resolution 8402 and in accordance with Governor Inslee's Proclamation 20-28. Commissioners Bowman (entered meeting at 1:40 p.m. and exited at 2:25 p.m.), Calkins, Cho, Felleman, and Steinbrueck were present. 1. CALL to ORDER The meeting was convened at 10:30 a.m. by Commission President Fred Felleman. 2. EXECUTIVE SESSION pursuant to RCW 42.30.110 The public meeting recessed into executive session to discuss two matters one matter relating to litigation/potential litigation/legal risk (RCW 42.30.110(1)(i)) and matter relation to national security (RCW 42.30.110(1)(a)(i)) and litigation/potential litigation/legal risk (RCW 42.30.110(1)(i)) for approximately 48 minutes, with the intention of reconvening the public session at 12:00 p.m. Following the executive session, the public meeting reconvened at 12:01 p.m. Commission President Felleman led the flag salute. [Commissioner Cho entered the meeting at 12:03 p.m.] 3. APPROVAL of the AGENDA The agenda was approved as presented without objection. 4. SPECIAL ORDERS OF THE DAY None. 5. EXECUTIVE DIRECTOR'S REPORT Executive Director Metruck previewed items on the day's agenda and made announcements. 6. COMMITTEE REPORTS Mr. Aaron Pritchard, Interim Commission Chief of Staff, provided a report regarding recently held committee meetings. Digital recordings of the meeting proceedings and meeting materials are available online www.portseattle.org. PORT COMMISSION MEETING MINUTES Page 2 of 11 TUESDAY, NOVEMBER 16, 2021 7. PUBLIC COMMENT Public comment was received from the following individual(s): The following people spoke regarding Agenda Item10b: Councilmember Rod Dembowski, King County and Anne Kroeker, resident. The following person spoke regarding Agenda Item 10d: Bob Davidson, President and CEO of the Seattle Aquarium. The following person spoke in opposition to airport parking in North SeaTac Park and submitted a Community Petition: Noemi Maxwell (corresponding written comment submitted). In lieu of spoken comment, Earnest Thompson submitted a written comment asking what percentage of the master landscaping plan is certified as native plants. In lieu of spoken comment, written comments regarding Agenda Item 10a were submitted by Laura Gibbons, who wrote to thank the Port for adoption of the climate and air action plan and encouraged plans for implementing Scope 3 goals. [Clerk's Note: All written comments are combined and attached here as Exhibit A.] 8. CONSENT AGENDA [Clerk's Note: Items on the Consent Agenda are not individually discussed. Commissioners may remove items for separate discussion and vote when approving the agenda.] 8a. Resolution No. 3795: Adoption of Resolution Establishing Pay Ranges for Nonrepresented Jobs and Authorizing Benefits that Comprise the Overall Benefits Package Offered to Non-represented Port Employees and Amending the Salary and Benefits Policy Directive Established by Resolution No. 3739. Request documents included an agenda memorandum, resolution, exhibit A, and 2021 pay ranges. 8b. Resolution No. 3796: Adoption of Resolution Authorizing the Issuance and Sale of Limited Tax General Obligation and Refunding Bonds of the Port in the Aggregate Principal Amount of Not-to-Exceed [$135,000,000] Request document(s) included an agenda memorandum, resolution, and presentation slides. 8c. Authorization for the Executive Director to Advertise, Award and Execute a Major Public Works Contract and Fund the Construction Phase of the Pier 69 Underdock Utilities Replacement Project in the Amount of $3,140,000, Increasing the Total Project Authorization to-date to $3,450,000. (CIP #C801102) Request document(s) included an agenda memorandum. 8d. Authorization for Executive Director to Execute a Tenant Reimbursement Agreement for an Amount Not-to-Exceed $500,000 for the Buildout of the Small Business Kiosk in the North Satellite, at the Seattle-Tacoma International Airport. Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 3 of 11 TUESDAY, NOVEMBER 16, 2021 Request document(s) included an agenda memorandum and presentation slides. 8e. Authorization for the Executive Director to Advertise and Execute a Major Works Construction Contract and Include a Project Labor Agreement for the 2022 Airfield Pavement and Supporting Infrastructure Replacement Project, at the Seattle-Tacoma International Airport. This authorization is for $24,000,000 with a Total Authorized todate of $79,195,000 and a Previously Approved Total 2021-2025 Program Budget of $153,500,000. (CIP #C800930) Request document(s) included an agenda memorandum and presentation slides. 8f. Authorization for the Executive Director to Negotiate and Execute a Five-year Base Lease with Two Additional Option Years with the Selected Entity Among for the Operation of the Employment Center at Seattle-Tacoma International Airport. Request document(s) included an agenda memorandum, lease agreement, prior authorization memo, and presentation slides. 8g. Authorization for the Executive Director to Execute a Five-Year Service Contract for Consolidated Contact Center Services at Seattle-Tacoma International Airport (SEA), for an Amount Not-to-Exceed $1,500,000. Request document(s) included an agenda memorandum, estimate, and presentation slides. 8h. Introduction of Resolution No. 3797: A Resolution Authorizing the Executive Director to Sell and Convey Port Personal Property in 2022 in Accordance with RCW 53.08.090 with a Value Not Greater than $21,000 and Repealing Resolution No. 3784, Dealing with the Same Subject. Request document(s) included an agenda memorandum, and resolution. 8i. Authorization for the Executive Director to Execute an Amendment (Amendment No. 7) to the Lease with PACCAR at Seattle-Tacoma International Airport. Request document(s) included an agenda memorandum, and presentation slides. 8j. Authorization to Execute a Settlement Agreement to Resolve Litigation. Request document(s) included an agenda memorandum. Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 4 of 11 TUESDAY, NOVEMBER 16, 2021 8k. Authorization for the Executive Director to Execute an Agreement in an Amount Notto-Exceed $600,000 for Public Security Services at the Seattle-Tacoma International Airport. Request document(s) included an agenda memorandum. The motion for approval of consent agenda items 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, 8i, 8j, and 8k carried by the following vote: In favor: Calkins, Cho, Felleman, Steinbrueck (4) Opposed: (0) 9. UNFINISHED BUSINESS None. 10. NEW BUSINESS 10a. Resolution No. 3792: A Resolution to Adopt Charting the Course to Zero: Port of Seattle's Maritime Climate and Air Action Plan. Request document(s) included an agenda memorandum, resolution, draft action plan, and presentation slides. Presenter(s): Sandra Kilroy, Senior Director Environmental, Sustainability and Engineering Ryann Child, Senior Environmental Management Specialist, Maritime Environmental & Sustainability Alex Adams, Senior Manager, Environmental Programs, Maritime Environmental & Sustainability Deputy Commission Clerk Aubree Payne read Item 10a into the record. Executive Director Metruck introduced the item and presenters. The presentation addressed: action requested to adopt Resolution No. 3792, Chartering the Course to Zero: Port of Seattle's Maritime Climate and Air Action Plan; the Port's commitment to addressing climate change and air pollution from the maritime industry; engagement with the public and industry partners; implementation of the 2020 Northwest Ports Clean Air Strategy; leading a just, fair, equitable transition; reduction of nearly 40,000 tons of CO2 by 2030; transitioning away from fossil fuels; installing shore power at all of our cruise berths; new planning efforts and programs in 2022 to accelerate development of zero emissions cruise ships; partnering with Seattle City Light and the Northwest Seaport Alliance to build a clean, resilient, energy grid; collaborative efforts being the key to success; and Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 5 of 11 TUESDAY, NOVEMBER 16, 2021 commitment to ongoing community engagement. Members of the Commission and staff discussed: how the MCAAP is a model for other Ports around the country; resources for the public; accelerating our climate and emission reduction goals; efforts to curtail Scope 3 emissions; impacts to human health and environment; and emission inventories and timelines. The main motion was made by Commissioner Steinbrueck. The primary amendment, made by Commissioner Steinbrueck, to amend Resolution No. 3792 to reflect the following changes: Line 58, 8th WHEREAS clause, to Strike the word "equitable" from the sentence and to Insert at the end of the sentence: "to advance a just, fair and equitable transition to zero emission maritime operations;" I believe we can display the amendment on the screen To read as follows: WHEREAS, to develop the NWPCAS and the MCAAP, the Port, with the Northwest Seaport Alliance and Port of Tacoma, engaged a wide range of partners, including federal, state, tribal and local government agencies, marine terminal operators and other tenants, cruise industry groups, rail companies, labor unions, residents, community-based and non-profit organizations, and members of the public and, through the NWPCAS and MCAAP, the Port commits to ongoing engagement with this wide range of partners on [EQUITABLE] clean air and climate change action to advance a just, fair, and equitable transition to zero emission maritime operations; and carried by the following vote: In favor: Calkins, Cho, Felleman, Steinbrueck (4) Opposed: (0) The primary amendment, made by Commissioner Steinbrueck, to amend Resolution No. 3792 to reflect the following changes: Line 80, 12th WHEREAS clause, to Strike the word "the" after the word "leading" and to Insert the phase: "a just, fair and equitable" following the word "leading." Again, if we can have the amendment displayed To read as follows: WHEREAS, after conducting over two years of public engagement on the NWPCAS and the MCAAP, feedback from community and environmental perspectives called for Ports to take an active role in helping to address Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 6 of 11 TUESDAY, NOVEMBER 16, 2021 community priorities like the root causes of asthma, inequity, and poor air quality in the Duwamish Valley by leading [THE] a just, fair, and equitable transition to zero-emission maritime operations, including requiring and maximizing use of shore power, actively working with utilities, tenants, and industry, and advocating for local, state, and federal policy, funding, and technology development; and carried by the following vote: In favor: Calkins, Cho, Felleman, Steinbrueck (4) Opposed: (0) The main motion, as amended, carried by the following vote: In favor: Calkins, Cho, Felleman, Steinbrueck (4) Opposed: (0) 10b. Authorization for the Executive Director to Enter into a Memorandum of Understanding (MOU) with King County to Jointly Manage a Technical and Economic Feasibility Study of Regional Municipal Solid Waste (MSW) Conversion to Liquid Fuels Including Sustainable Aviation Fuel; and to Authorize the Executive Director to Advertise, Award, and Execute a Contract on Behalf of the Parties in the MOU to Conduct the MSW-to-Fuel Feasibility Study. Request document(s) included an agenda memorandum, memorandum of understanding, presentation slides Presenter(s): Stephanie Meyn, Senior Environmental Program Manager, Aviation Environmental Program Group Morgan John, Program Manager, King County Solid Waste Division Deputy Clerk Aubree Payne read Item 10b into the record. Executive Director Metruck introduced the item and presenters. The presentation addressed: Memorandum of Understanding components; background of the MSW-to-fuel feasibility study; role of the King County Solid Waste Division; recovering MSW from landfills; turning waste into sustainable, aviation fuels; helping each agency pursue their sustainability and climate goals; scope of work nearing completion; examining the impact of this effort on waste management plans; anticipating formation of a technical advisory committee; and schedule and estimated study completion date, Q1 2023. Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 7 of 11 TUESDAY, NOVEMBER 16, 2021 Members of the Commission and staff discussed: the study being used to address inefficiencies and use of an under-utilized resource; desire to accelerate the process; partnership with King County; involvement of King County Executives; percentage of waste that could be converted to fuel; differences from the Washington State University MSW study; study updates to be posted online; report-outs to the SEAC Committee; exciting, new technologies coming forward; applicability of the study; and facility options. The motion, made by Commissioner Steinbrueck, carried by the following vote: In favor: Calkins, Cho, Felleman, Steinbrueck (4) Opposed: (0) 10c. Order No. 2021-12: An Order Directing the Executive Director to Review the Port's South King County Fund Grant Program Following its Fourth Year; to Assess the Programs Impacts; to Develop Recommendations on the Future of the Program and Possible Extension; and to Rename the Fund. Request document(s) included an order. Presenter(s): Aaron Pritchard, Interim Chief of Staff, Commission Office Andy Gregory, Senior Program Manager Environmental Engagement, External Relations (Available to Answer Questions) Deputy Clerk Aubree Payne read Item 10c into the record. Commission Interim Chief of Staff Aaron Pritchard read the text of the Order. Members of the Commission and staff discussed: the remarkable results of this program; re-naming to the Community Impact Fund; significance of the community liaisons; continuation and extension of the program; and how the program is funded by the tax levy. Commissioners Cho and Felleman recognized and thanked Commissioner Steinbrueck for his leadership and establishment of the South King County Fund. The motion, made by Commissioner Steinbrueck, carried by the following vote: In favor: Calkins, Cho, Felleman, Steinbrueck (4) Opposed: (0) Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 8 of 11 TUESDAY, NOVEMBER 16, 2021 10d. Order No. 2021-13: An Order Directing the Executive Director to Develop and Execute a Memorandum of Understanding by July 29, 2022, that Establishes a Strategic Relationship with the Seattle Aquarium and Commits $5,000,000 Over Five Years for the Development of the Aquarium's Ocean Pavilion, Including a Port-related Marine Environmental Educational Exhibit. Request document(s) included an Order. Presenter(s): Aaron Pritchard, Interim Chief of Staff, Commission Office Deputy Commission Clerk Aubree Payne read Item 10d into the record. Executive Director Metruck introduced the item and presenters. Commission Interim Chief of Staff Aaron Pritchard read the text of the Order. Members of the Commission and staff discussed: supporting workforce development goals; the maritime industry pipeline and jobs; benefits of the relationship; commitment to environmental stewardship and community involvement; connecting Pike Place Market and the waterfront; revitalization of the waterfront; the Port's role in environmental remediation; educational opportunities for the community; and kelp restoration efforts. The motion, made by Commissioner Steinbrueck, carried by the following vote: In favor: Bowman, Calkins, Cho, Felleman, Steinbrueck (5) Opposed: (0) [Commissioner Bowman entered the meeting at 1:40 p.m.] 10e. Resolution No. 3793: A Resolution Adopting the Final Budget of the Port of Seattle for the Year 2022; Making, Determining, and Deciding the Amount of Taxes to be Levied Upon the Current Assessment Roll; Providing Payment of Bond Redemptions and Interest, Cost of Future Capital Improvements and Acquisitions, and for Such General Purposes Allowed by Law which the Port Deems Necessary; and Directing the King County Council as to the Specific Sums to be Levied on All of the Assessed Properties of the Port of Seattle District in the Year 2022. Request document(s) included an agenda memorandum, resolution, presentation. Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 9 of 11 TUESDAY, NOVEMBER 16, 2021 Presenter(s): Dan Thomas, Chief Financial Officer, Finance & Budget Michael Tong, Director, Corporate Budget Deputy Commission Clerk Aubree Payne read Item 10e into the record. Executive Director Metruck introduced the item and presenters. Members of the Commission and staff discussed: offshore wind studies; improvements in the budget process; alignment around the Port's key goals; community input received and listening sessions held; human trafficking initiatives; and preserving the core values of the organization. The motion made by Commissioner Cho, carried by the following vote: In favor: Bowman, Calkins, Cho, Felleman, Steinbrueck (5) Opposed: (0) 10f. Resolution No. 3794: A Resolution Specifying the Dollar and Percentage Change in the Regular Property Levy from the Previous Year Per RCW 84.55.120; Providing for a Three Percent Increase of the Levy from $78,676,344 to $81,036,634. Request document(s) included an agenda memorandum and resolution. Presenter(s): Dan Thomas, Chief Financial Officer, Finance & Budget Michael Tong, Director, Corporate Budget Deputy Commission Clerk Aubree Payne read Item 10f into the record. Executive Director Metruck introduced the item and presenters. Members of the Commission and staff discussed: tax code changes needed at the state level; median households will not see an increase; affordability of living around Port facilities; and using the tax levy to fund clean-up of polluted sites; Commissioner Bowman asks staff and the Executive Director to consider not increasing the tax levy in future years. Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 10 of 11 TUESDAY, NOVEMBER 16, 2021 The motion made by Commissioner Calkins, carried by the following vote: In favor: Bowman, Calkins, Cho, Felleman, Steinbrueck (5) Opposed: (0) 11. PRESENTATIONS AND STAFF REPORTS 11a. Draft 2022 State Legislative Agenda Presentation document(s) included an agenda memorandum and presentation slides. Presenter(s): Eric ffitch, Senior Government Relations Manager, External Relations Trent House, Contract Lobbyist, Port of Seattle Deputy Commission Clerk Aubree Payne read Item 11a into the record. Executive Director Metruck introduced the item and presenters. The presentation addressed: expectations for the 2022 session in Olympia; state surplus of 6.5 billion dollars; the transportation revenue package; changes to police reform measures; long-term health insurance trust fund; Covid.19 protocols; senate transportation chair vacancy; investing in essential workforces; progressive climate action; P66 Shore Power; focus on equity and community; public contracting and grantmaking; strengthening pre-apprentice and apprenticeship programs; tourism promotion; broadband partnerships; expanding the reach of public contracting; supporting the repeal of Initiative 200; the price on carbon; reducing conflict between passengers and freight; freight mobility; trade competitiveness; aviation planning; protection of industrial lands; zero carbon energy; wetland mitigation banking; sustainable aviation fuels; Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020. PORT COMMISSION MEETING MINUTES Page 11 of 11 TUESDAY, NOVEMBER 16, 2021 cybersecurity; and warehousing and distribution infrastructure. Members of the Commission and staff discussed: how the Port accommodates for the IAJ and Build Back Better Act; the HEAL Act; capping the number of bills introduced; the Model Toxics Control Act (MTCA); habitat restoration; commercial trucks; climate legislation; and SAF transportation infrastructure. [Commissioner Bowman exited the meeting at 2:25 p.m.] 12. QUESTIONS on REFERRAL to COMMITTEE and CLOSING COMMENTS Commissioner Calkins spoke regarding the completion of the timeline for the vaccination mandate and the hope to be able to reconnect with those who have left the Port in the future. Commissioner Felleman spoke regarding the Waterfront and Industrial Lands Committee and his interest to continue the great work of Commissioners Bowman and Steinbrueck. 13. ADJOURNMENT There was no further business and the meeting adjourned at 3:08 p.m. Prepared: Attest: Michelle M. Hart, Commission Clerk Sam H. Cho, Commission Secretary Minutes approved: December 14, 2021 Minutes of October 27, 2020, submitted for review on November 5, 2020, and proposed for approval on November 10, 2020.
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