Public-Private Partnership Review
| Full Panel Meeting Notes December 1, 2000 October 27, 2000 September 15, 2000 June 16, 2000 May 12, 2000 March 23, 2000 (Orientation, Part II) March 13, 2000 (Orientation, Part I)
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| Friday, December 1st,
2000 7:30-9:00 a.m. Municipal Bldg. Room 221 Next meeting day/time: Friday January 26th 7:30-9:00 a.m. in Muni 221 Attending Panelists: Sue Cary, Bob Filley, Jan Hendrickson (Chair), Bob Mahon, Bill Rex, Jackson Schmidt, George Staggers, Rafael Stone, Greg Sundberg, Scott Surdyke, Josephine Tamayo Murray, Dinah Thoreson P4 Staff: Sara Levin Guests: Layne Cubell, Design Commission Coordinator; Stephen Lundgren, President, Seattle Community Council Federation Panelists absent: Maria Barrientos, Paul Chiles, Rich Feldman Welcome and introductions P4 Panel Chair Jan Hendrickson presided. As there were no guests at the beginning of the meeting, Panelists did not introduce themselves. Approval of Minutes The group reviewed minutes from the October 27th meeting and voted unanimously to adopt them, with two minor changes: Rafael Stone and Dinah Thoreson were not interested in reviewing the Ethics and Elections Commission proposal (p.5); and Jan Hendrickson clarified that her comment on p.2 re: reviewing the Admiral Garage was not her opinion, rather something she had heard from Councilmembers. Panel discussion: P4 role and mission Panelists continued the discussion initiated at the 10-27-2000 meeting. Jan Hendrickson began the meeting with a quick overview of discussions that she and Sara Levin had with the Citys Chief Financial Officer, Dwight Dively, and with Council President Margaret Pageler. Jan and Sara briefed Dwight and the Council President on the Panels October discussion. Dwight indicated that there is not a good sense of who the Panels "client" is. Dwight also concurred that, at this point, the Executive sees P4 as an extra step, rather than a group who is adding value to a projects development. P4 could ideally play a quality assurance role in reviewing projects. Dwight agreed that no projects targeted for review at this point are similar to the Pacific Place Garage. He also raised the challenge of working in the public light while trying to review confidential materials. Jan also reported that Dwight felt that the questions that Panelists raised during the Aquarium briefing were very helpful to the City staff. From the meeting with Council President Pageler, Jan reported that the Council President said that P4 would be helpful playing the role of being a "reality check" on the financial information provided by the Executive. Sara Levin shared with the group that, following distribution of the 10-27-2000 draft meeting minutes, staff from the offices of Councilmembers Licata, Nicastro, and Pageler expressed concern, and interest in meeting with the Panel to help clarify the groups role. The groups discussion began with Rafael Stone pointing out that the Admiral Garage project was a good example of a project in which the financial information didnt make sense. The problem was that the Panel received it too late to make a difference. He feels that the group could easily play a much more analytical role. Bob Filley pointed out that the two garage projects (Admiral and Pacific Place) were the opposite in terms of goals and economic sense. Jan Hendrickson said that disclosure is the groups biggest issue. The Panel currently only sees project advocates, and in their future work need to be more aggressive about digging beneath the surface of the information theyve been provided. Bill Rex referred to a statement in the draft memo to Council and the Mayor that includes projects in which private profits are being generated. He pointed out that the Aquarium and Museum of History and Industry projects (MOHAI has not yet been made a targeted partnership) are both partnerships with non-profit entities. Greg Sundberg added that the feedback of the Executive and Council is confusing. Both groups have outside counsel which should be doing some of the analysis that the Council and Executive indicated theyd want the Panel to do. Bob Filley asked for more discussion on Bills point about non-profit entities. Bob Mahon added that there is little distinction considering that, when the Symphony is a partner, they still need to generate profits. Scott Surdyke added that it is the Citys duty to invest in cultural institutions, with low expected return. There is a difference between this kind of partnership and a general land sale with a private for-profit partner. Greg Sundberg asked whether the Panel would be some sort of Blue Ribbon Committee if outside consultants are already involved. Jan added that the group would have a role to provide some sort of oversight and ask questions. Bob Filley added that political sensibilities are different with a nonprofit partnership if the project is with a private partner and the City is investing $20 million more than perceived necessary, it is a different political story. Jan Hendrickson reported that Dwight Dively had discussed that there are not any projects like Pacific Place Garage on the Citys radar screen in the near future. Greg Sundberg and others agreed that it would be unfortunate if the City didnt get involved in any more of those types of projects. Rafael Stone added that the group is limited when the project is an investment in a cultural institution. And with Pacific Place Garage, there were already consultants involved. Per Gregs comment, what value could the Panel have added? Josephine Tamayo Murray stated that there are three things that the Panel can add: Due diligence; ethics (i.e. balancing profit motivation with public good); and community welfare meaning that the Panelists each represent the community, and can ask what the public would think of the particular project. Jan Hendrickson added that even with the most scrupulous parties, P4 needs to be double checking and asking questions. Nonprofits can also advocate for particular projects. The Panel can evaluate the risks of the project, and make sure that the City would not be responsible for the long-term sustainability of an institution. The group should remember to focus on the Protocol. Sue Cary agreed with Josephine, and added that Council President Pagelers comments are illuminating. The Panel needs to be a reality check to step back and ask questions as people without a direct interest in the project. These discussions cant happen at the staff level, and are difficult at the Council level. However, is that a justification for the Panel? Bill Rex reiterated his point that the projects the Panel has seen (or is slated to see) are already done deals. Bob Mahon added that the structure of P4 is such that to complete the Protocol, a project has to be far along. Bob Filley pointed out that the ideal time to begin review is when there are "bones of the deal", meaning that its not so early that there is nothing to review, but that there is part of a project for the group to react to. Bob Mahon asked how, in that situation, to work in the public light? Bob Filley reminded him that the group can go into Executive Session. Jan Hendrickson told the group that she had mentioned to Council President Pageler that if the Panel did more analysis, there might be a renewed enthusiasm. She added to Bill Rex that some projects included in the Citys budget (i.e. the Museum of History and Industry, which Bill had pointed out as a "done deal") could still be in progress, with room for discussion and influence. Even after a deal is done, there is still room for adjustment details of a contract or a financial structure can still be influenced. Greg Sundberg suggested that if another Pacific Place Garage project comes along, the group would be set to review it. Isnt the Panel currently just fitting itself to the existing projects? Bob Filley responded that the group should be working on some "practice" projects. Jan Hendrickson suggested that the Panel take these issues to the Council and put the decision back on them. Scott Surdyke is interested in the issue of public benefit and public investment, and how to formulate policies to take the financial burden off of the City and give incentives to the private sector to help create public benefits. Bob Filley responded that the City sets its priorities and has a huge staff to formulate the policies. The Panel is supposed to be more reactive after the policies have been established and the projects are moving ahead. Greg Sundberg agreed. Bill Rex made a motion to support Jan Hendricksons recommendation that the Panel put the decision back on the City Council. All Panelists present voted in favor of the motion. The City Councils Legislative Committee will meet at 2pm on the first Thursday in January, and Panelists will be asked to attend. Greg, Bob F., Bob M., Sue, and Jan all offered to attend. Others are welcome as well. Other business Sara brought draft language revising the bylaws, per Rich Feldmans suggestion at the 10-27-2000 meeting. The language would allow the Panel to vote on whether or not to accept a project for review. Bill Rex made a motion to approve the language. Greg Sundberg seconded the motion. Bob Mahon strongly opposed the language, stating the having the group vote on whether or not to accept a project would be logistically difficult (given the intention for the full Panel to convene less frequently once the process is well established) and would also mean that the full Panel would be second-guessing what the Council or Executive deemed a targeted partnership. If Panelists dont want to review a particular project, they dont have to join the Project Panel. Jan Hendrickson pointed out that Richs intention with the proposal was to allow the Panel to be removed from the political crossfire of a given project. Bob Filley supported Bob Mahons point, and said that the Panelists can self-select, but to refuse to review a project altogether is not in the spirit of what the group has agreed to do. The group should see politically hot projects, and should step up to them. Rafael Stone countered that the group would not be backing away, but would be asking how much value they could add to a particular project. Greg Sundberg said that it is an issue of whether or not a project is appropriate. Bob Mahon added that the group should raise this issue with the Council, and ask the City to be serious in the projects they send to the Panel for review. If the City isnt serious, the group should disband. Bill Rex had to leave, and Greg Sundberg withdrew his second. No one was in favor of adopting the bylaw changes. Presentation: Design Commission Role Layne Cubell, Design Commission Coordinator, did a brief presentation on the role of the Design Commission, and possible overlap with P4 review of projects. Layne, who had been listening to the Panels preceding conversation, told the group that even after 32 years, the Design Commission still struggles with defining its role. Projects which both the Design Commission and P4 will review or are already reviewing include the Aquarium, Sculpture Park, and elements of the South Lake Union property disposition. The latest drawings for the Aquarium were recently reviewed by the Commission, which expressed a lot of dissatisfaction. The Design Commission will be involved in reviewing street vacations in the South Lake Union (SLU) area. The South Lake Union projects may also involve the Citys Design Review Board as well. Both P4 and the Design Commission are reviewing the "bigger picture" aspects of the SLU property disposition. The Commission gave input on the RFQ, but likely wont see any discrete projects in the area for years. The Commission had a briefing on the Sculpture Park in October, and CityDesign Director John Rahaim is closely following the project. The role of the Design Commission is to give input on design elements, and partly to assess the public benefits of the design not the financial aspects. Layne reminded the group that P4 looks at financial elements, and the Commission does not. Layne asked how the groups can best coordinate. One way is to share minutes from review of overlapping projects, and to have staff and/or commissioners/panelists attend each others meetings when relevant. Layne and Sara Levin, P4 Coordinator, currently try to coordinate as much as possible. Rafael Stone, who chaired the King County Design Commission, noted that changes recommended by the Design Commission dont always bring economics into the picture. He asked whether the Commission plays a role in the RFP or in choosing a projects designer. Layne replied that the Commission does not currently get involved in consultant selection, due to the conflict of interest provisions. Commissioners do sit on the selection panel and are encouraged to review the RFP if possible. Their role is advisory only. Bob Filley asked whether the sharing of minutes between the Commission and P4 is reciprocal. Layne responded that it is. Guest Stephen Lundgren of the Community Neighborhood Council asked whether the Commission will be looking at other projects in the SLU area, even if they are not related to the Citys SLU property disposition project. Next Steps and Other Business
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| Friday, October 27, 2000 7:30 - 9:00 AM Municipal Building, Room 221 Next meeting day/time: Friday, December 1, 7:30-9:00 a.m. in Muni 221 |
| Attending Panelists: Maria Barrientos, Rich Feldman, Bob Filley, Jan Hendrickson (Chair), Bob Mahon, Bill Rex, Jackson Schmidt, George Staggers, Rafael Stone, Josephine Tamayo Murray, Dinah Thoreson P4 Staff: Sara Levin Guests: Stephen Lundgren, President, Seattle Community Council Federation Panelists absent: Sue Cary, Paul Chiles, Greg Sundberg, Scott Surdyke Welcome and introductions P4 Panel Chair Jan Hendrickson presided, and asked the Panelists and guests to introduce themselves. Approval of Minutes The group reviewed minutes from the September 15th meeting and voted unanimously to adopt them. Panel discussion: P4 role and mission Panelists spent the majority of the meeting discussing their role and the mission of the Panel. Dwight Dively was out ill and unable to participate as planned, so Jan Hendrickson began the discussion by explaining why this item is being discussed now. The Council will expect some sort of year-end evaluation of the Panel. Sara is proposing to do a mini report to the Council at the end of the year, with a more formal, comprehensive evaluation with process recommendations at the end of the Panels first full year of work, in March 2001. At this point, only one project has been fully reviewed (Admiral Garage), South Lake Union is underway, and the other projects are moving more slowly than the Panel had expected. Per Jan, the group faces an ongoing struggle understanding their mission and focus. Jan has checked in with the majority of the Panelists and heard the following:
Jan opened the discussion up to the rest of the group. Bill Rex began by stating that he feels that the P4 Panel was started as a knee-jerk reaction to the Pacific Place Garage project, which ended up exceeding revenue expectations. Bill added that he feels that P4 is in the Citys way, and in the name of smaller government, the Panel should disband. He also stated that the way the Panel is currently functioning, recommendations are too late in the process. For example, the City has already stated its intentions to fund the Aquarium project. The Admiral Garage proposal was also presented to the Panel too late in the process, and was presented as a neighborhood proposal rather than a project with financial elements that the Panel could analyze. Bill repeated that he thinks that the Panel would do the City a favor by disbanding at this point. Bob Mahon responded that part of the problem is the types of projects that have been designated for review. The Admiral Garage project was a political decision, and shouldnt have been given to the Panel for review. The group should be focusing on the Protocol questions, most of which are financial, not on design or other unrelated issues. Bill Rex stated that the Panel basically recommended that the Admiral Garage go forward because of the support from the community. Jan Hendrickson added that she had heard from selected Councilmembers that reviewing this project was inappropriate work for the Panel. Rich Feldman added that the group should exercise its right to decline reviewing a project. The point of the groups work is to review a project early. Regarding the Pacific Place Garage, the City needed to have disclosed information early the projected revenues, profit-sharing, etc. The Pacific Place Garage would have been a good example of how P4 could work best. Maria Barrientos asked what makes any of the projects the Panel is reviewing or will review any different from the Admiral Garage. The Aquarium project is going to happen; the South Lake Union properties sale will happen the role of the Panel is limited and seems to be a waste of time. Too many of the projects are too far along how can the Panel provide any input of value? Bob Mahon disagreed the other projects are different from Admiral. The Panel does have a role with South Lake Union; they need to provide review of the financial elements of the project. The Aquarium also begs financial analysis i.e. whether admissions projections are feasible, etc. Maria countered that the Panelists are not experts in analysis of museums, and dont have the analytical tools to evaluate admissions. Bob replied that the Panel needs to make sure that the City is doing its homework and getting good analysis. Part of the Panels role is to reassure the public that someone is double-checking the Citys analysis in these projects. Bob Filley stated that the Panel is not part of City government, is not part of approving a project, and needs to get in on a project early to be a resource; the group can challenge the tradeoffs the City is making regarding investment and return from a project. If a small group is involved early in the process, they can be a source for the City to bounce ideas off of, and can be an impartial pair of eyes on the deal. This all must happen early in the life of a project. That way the Panel may be able to positively influence the structure of a transaction. Bob envisions a working relationship between the Panel and the City a partnership and a third-party check on the Citys work. If the Panel is purely an end-of-the road endorser or non-endorser, they should disband. However, if the true work is to participate in and influence the structure of the deal, the Panel should stay with it. Jackson Schmidt reminded the group that the projects theyve seen so far (South Lake Union and Admiral) are unusual. He thinks that the Aquarium will be a good test for the Panel. It is a controversial project, and P4 could serve as a clearinghouse for a lot of voices. Bill Rex responded that too many steps have already been taken with the Aquarium how much influence can P4 have at this point? Jackson argued that the group needs to go through the review of that project to see. Jan Hendrickson read an email from Dwight Dively which stated that of all of the projects currently slated for P4 review, the Aquarium is probably the most likely subject for review, and even that is vastly different than the Pacific Place Garage. Maria stated that she fears that the Aquarium is a deal that is going to happen no matter what; if the Panel had a project to review early on, they would have more of a role and clear influence. Josephine Tamayo Murray added that it is an issue of project and process what type of projects does the Panel review and where in the process do they get involved? Who is the gatekeeper on what projects the Panel reviews? Bob Mahon added that he is concerned about all of the complaints regarding timing. What can the Panel add at such an early stage? Bob Filley clarified that the early stage he is referring to is the "bones of the project" when the City is 90% sure that its heading in a certain direction. The Panel can help the City to understand if the right structure is being used for the project. The Panel shouldnt review a project before that moment, but can start to add value at that point in the process. Maria raised the issue that once people politically support a project they are not necessarily going to change their position. The dealmaking begins and happens behind the scenes. What would the Panel review if most of the negotiating were happening behind the scenes? Bill Rex added that so far the Panel for reviewing a project has been formed when legislation was to be passed to contribute money to the project. How is the Panel supposed to recommend against that? Rich Feldman stated that the Panel can challenge or examine the assumptions. Bill stated that he still feels that the City is using the Panel. Bob Mahon requested that Bill make sure his concerns are known in whatever the Panel reports to Council on its progress. He also stated that the Panelists were asked to do a job and should do so they should look at the financial information of a project, be an outlet for feedback and ask questions. Rich supported Marias statement that a lot happens on a project behind the scenes. Pacific Place Garage was a prime example of this. The group needs to figure out how to respond to the publics cynicism and increase communication with the public. The Mayor originally wanted the group to increase openness on public-private partnerships and to help give the public more confidence in government. Jan Hendrickson stated that the Panel needs to make the statement that their review is limited if it does not happen early on a project. The Panel would have impact on a project if the timing were right. She also has the sense that the Panel was set up so that the City wouldnt be embarrassed by a project that comes to public light at the 11th hour. Bob Filley agreed and reiterated that he sees the Panel as having a working relationship with City staff putting together a project. He sees the Panel as valueless if it is an endorser of projects, but if Panelists can be part of the discussion as the transaction is crafted, in a proactive role, they would be adding value. The Panel needs to help the City probe the alternatives for a project. The biggest challenge is to get the Panel involved at the earliest stage. Jan added that the Panel could make a statement by choosing not to review the Aquarium. Dinah Thoreson asked what exactly the Panel is supposed to review on the Aquarium project. Maria suggested that the Panel could theoretically have reviewed the RFP for South Lake Union before it was issued they might have had some early influence at that point. Jan posed the question of whether it would matter if the Panel said that the South Lake Union property sale wasnt meeting the public benefit objectives. Maria reminded the group that they need to clarify what the point of the SLU property sale is. Is it to spur economic development? If so, the City needs to be clear about that. Is it to build a skybridge across Mercer Street? If not, the City needs to be clear about that. Rich added that the City needs to be clear about what kind of economic development is the goal is it a tax base or jobs? Bob Mahon stated that the Panel needs to be more assertive in asking for information and for involvement. The information is there and the group has been told, via the Protocol, what questions to ask. Bob Filley and Maria added that the City needs to somehow prioritize what public benefits (especially regarding South Lake Union) are important. This gets back to the issue of the working relationship the Panel doesnt want to issue a report that doesnt focus on the right issues. Bob Mahon reiterated that the City gave the Panel the questions to focus on (the Protocol) and the Panel needs to carefully scrutinize the responses to those questions. They dont need to be weighted. Rich added that the Aquarium is an appropriate project for review. Perhaps the Panel should start the practice of voting on whether or not to accept a project. Rafael Stone added that the Panel needs to be involved at the beginning and thinking of other issues that can add value to a project. That cant be done when the Panel is given a done deal to review. They need to meet with City staff on an ongoing basis and to propose changes. He was very frustrated with the Admiral Garage process the project had no economic value to the City and it was given to the Panel too late. Jan Hendrickson added that this again brings up the issue that the Panel needs to know the Citys objectives with a project. Sara Levin stated that, as the staff person for the Panel, she should be more proactive with City staff and get the Panel more involved, earlier. Also, as the former staff person for the Public-Private Partnership Task Force, there was substantive discussion by that group about when review of a project should occur and how to make sure that meetings were open to the public. Bob Filley added that there is a time for public meetings and a time for meetings to not be open. Sara added that, especially with real estate transactions, there are concerns on the part of City staff of how to make sure the Panel gets enough information to review a project, but that certain documents, if made public too early, could threaten the project negotiations. Bob Filley then reiterated his comment about working sessions with Panelists and City staff. Jackson Schmidt added that meetings should be structured around the Citys response to the questions in the Protocol. Jan thanked Bill Rex for bringing up his concerns, and thanked the Panel for the substantive discussion. She agrees that there should be a formal process by which the Panel accepts projects for review. This may be something that should be reflected in the bylaws. Rich agreed, and Bob Mahon cautioned that the Panel should think hard about why and when they would refuse to review a project. Other business Sara Levin told the Panel that Council President Margaret Pageler, at the Legislative Committee meeting in October requested that the P4 Panel review and comment on the Ethics and Elections Commissions proposal to change contract language to hold contractors to conflict of interest standards. (The full Panel had a briefing and short discussion on this issue at their September meeting.) The Panel unanimously agreed that this type of review is not within their purview. Two Panelists (Bob Mahon and Josephine Tamayo Murray) would be interested in reviewing and commenting on the proposal as private citizens, but not as representatives of P4. Sara will communicate this to the Council President. The next meeting of the full Panel will be
Friday, December 1st, |
| Friday, September 15,
2000 7:30 - 9:00 AM Municipal Building, Room 221 Next meeting day/time: Friday, October 27th 7:30-9:00 a.m. |
| Attending Panelists: Maria Barrientos, Sue Cary, Paul Chiles (Vice-Chair), Rich Feldman, Jan Hendrickson (Chair), Bob Mahon, Bill Rex, Jackson Schmidt, George Staggers, Greg Sundberg, Scott Surdyke, Josephine Tamayo Murray, Dinah ThoresonP4 Staff: Sara Levin Guests: Bill Alves (City Council staff), Bill Arntz (Director, Seattle Aquarium), Ken Bounds (Superintendent, Parks and Recreation), John Braden (Aquarium staff), Dwight Dively (City Chief Financial Officer), Carolyn Iblings (Executive Services Dept. staff), Carolyn Van Noy (Director, Ethics and Elections Commission) Welcome and introductions P4 Panel Chair Jan Hendrickson presided, and asked the Panelists and guests to introduce themselves. Approval of Minutes The group reviewed minutes from the July 21st meeting. Paul Chiles moved to approve them, Jan Hendrickson seconded, and the group voted unanimously to adopt them. Overview of Aquarium project Ken Bounds, Superintendent of Parks and Recreation, began the presentation by thanking the Panel for their time the Panel will likely be reviewing several Parks projects in the future, including South Lake Union Park and the Olympic Sculpture Garden. The Aquarium project involves rebuilding the Seattle Aquarium to meet current standards. The City plans to transfer governance of the rebuilt Aquarium to the nonprofit Seattle Aquarium Society (SEAS). SEAS has been a fundraising partner with the City since 1982, and plays a similar role to the Seattle Aquarium as the nonprofit Woodland Park Zoo Society does to the Zoo. Ken walked the Panel through a chronology of City policy decisions and legislative actions on the Aquarium, beginning with the building of the current facility with Forward Thrust bonds in the mid-1970s. In 1988 the City adopted the Harborfront Master Plan which called for expansion of the Aquarium and purchase of Piers 62/63. At the same time, a County-wide bond issue for open space and the Aquarium failed. A Central Waterfront Citizen Advisory Committee was convened in the mid-1990s to develop a Master Plan. The Central Waterfront Master Plan was adopted by the Council in 1997, providing policy direction for development of the Aquarium and adjoining park. The Council also accepted the Aquarium Implementation Plan, which outlined the steps and a schedule for design, fundraising, and development of Memoranda of Understanding (MOU) for a new aquarium. Around that time, it became clear that development of the new Aquarium would not be a sole City function. In 1998, the City reaffirmed its partnership with SEAS, contracting with the nonprofit for a charrette of a new aquarium. At that time, SEAS was not able to take on a major capital campaign. The Council approved $500,000 in the 1999 budget, to be matched by SEAS, for design and financial studies. Money approved in the 2000 budget was also matched by SEAS (2 to 1) for continued work on the Aquarium Master Plan Implementation. These financial commitments reaffirmed the Citys partnership with SEAS and allowed continuation of project planning per the Implementation Plan. Concurrently, the SEAS Board of Directors began adding community leaders to its membership and working towards being able to meet a large financial commitment to the project. In March of this year, the City Council adopted a resolution which subjected the project to review by the P4 Panel. The Council also approved an MOU between the City and SEAS, a non-binding agreement regarding the Citys financing of the Aquarium project, governance transition, and project design. Dwight Dively added to Kens presentation. The MOU is a non-binding agreement a road map of where the City and SEAS would like to go with the project. Section 2 of the MOU deals with ownership of the facility. Similar to the Benaroya Hall project, the City will own the facility and SEAS will own the exhibits. Daily operations will be turned over to SEAS before the new facility is built. SEAS must raise $60 million before this happens. A Design-Build process will be used, in which SEAS is the developer, and contracts with the contractor, architect, etc. Section 5 of the MOU deals with financing of the project. The City will contribute $21.5 million, the private sector $100 million, other public sources $36 million, and SEAS will secure $42 million in debt (not guaranteed by the City) to be supported by Aquarium revenues. Within the next year the City and SEAS will develop a management and use agreement a contractual agreement between the two parties which also outlines in more detail the financial terms. SEAS has committed to keeping all of the City employees, and the City will work to make sure that City staff employment status is maintained. Ken Bounds mentioned that when the MOU went through City Council, there was a lot of concern on the part of Councilmembers, especially in regards to the location of the project. The Aquarium is to be designed from the inside out exhibits are designed first, and then the building. The City is re-examining the options for locating the building, and considering how to keep the public open space at Piers 62/63. The reconsideration of location has delayed a lot of work for the next steps in the agreement. The expected opening date for the new Aquarium is approximately 2004-2005. Building over water is prohibited at certain times of the year due to fish passage. The new design would put the building on a structure above the water, which would make fish passage easier. Panelists asked several questions of the presenters. Questions and Panelist discussion are highlighted below:
Sara noted that the latest design for the facility will be reviewed by the Design Commission on 9/21/2000. Bob Mahon, Sue Cary, Maria Barrientos, Dinah Thoreson, Scott Surdkye, and Rich Feldman would like to serve on the Aquarium project panel. Proposal to Address Potential Conflict of Interest in Public-Private Partnerships Carol Van Noy, Director of the Ethics and Elections Commission, spoke about a proposal to address potential conflict of interest in public-private partnerships with the City and a private contractor. The proposed language is in response to part of Resolution #30072, which outlined the public-private partnership review process. The resolution requested that actual conflict of interest be added to the enforcement purview of the Ethics and Elections Commission. Highlights of the proposed language discussed are below:
This proposal will go to the City Councils Legislative Department and Intergovernmental Affairs Committee (chaired by Council President Pageler) on October 5th. Carol noted that she and the Commission members involved had a difficult time crafting the language for the proposal. The Ethics Code applies to City employees contractors dont have the same loyalty to the City that an employee would. The final proposed language was based on language used by the Los Angeles Metro Transit Authority. Sue Cary asked about the dollar limit what if it starts out below but change orders bring it above the limit? Carol responded that subcontractors would likely be involved. Greg Sundberg asked for clarification of the definition of personal relationship. Carol responded by posing the question of what would a reasonable person think of as a "personal relationship" in this situation. Greg stated that he thinks the language should be more clear on what a personal relationship is he suggests taking "personal relationship" out of the language and keeping "familial relationship". Sue added that when language is not well-defined, it leaves everyone open to being accused of misconduct. Jan added that she doesnt want to see language that is so burdensome that it discourages people from doing work with the City. Project Updates Sara distributed a list of projects and the status of P4 review. All of these projects are also being reviewed by the Design Commission. Dinah Thoreson asked whether panelists are precluded from donating to the Aquarium fundraising campaign. Sara will follow up with Carol Van Noy about the potential conflict of interest issue. Panelists briefly discussed their role in relationship to upcoming projects. The project panel for South Lake Union previously had a good discussion to clarify their focus. Bob Mahon asked whether the panel should be involved in policy issues or only as fiscal watchdogs. Jan Hendrickson added that performance measures should be a part of what the group addresses, to ensure delivery on the public benefits. Sara mentioned that the group will need to work on an end-of-year status report to the Mayor and City Council. At the next meeting, Design Commission staff would be interested in doing a brief presentation on their role versus that of the P4 panel.
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| Friday, June 16, 2000 7:30-9:00 a.m. Municipal Building, Room 221 Next meeting day/time: Friday July 21st, 2000 7:30-9:00 a.m.
Panelists: Sue Cary, Paul Chiles (Vice-Chair), Rich
Feldman, Bob Filley, Jan Hendrickson (Chair), Bob Mahon, Jackson Schmidt, George Staggers,
Rafael Stone, Greg Sundberg, Josephine Tamayo Murray, Dinah Thoreson Welcome and introductions P4 Panel Chair Jan Hendrickson presided, and asked the Panelists to introduce themselves. Both Bill Rex and Scott Surdyke were not able to attend, due to medical emergencies. There were no guests in attendance. Admiral Garage review Panelists who recently reviewed the Admiral Garage proposal briefed the full-Panel on the outcomes, and discussed elements of the review process itself. Those Admiral Panelists present agreed that they received the proposal too late in the process to do anything other than give a "yes or no". They felt that their feedback would have been more useful at an earlier stage, when the City would have an opportunity to respond to their recommendations and make appropriate changes to the proposal. Panelists requested involvement earlier next time, and a chance to see materials at least two weeks before a briefing. Given the nature of the materials that Panelists were asked to review for Admiral, which included several conflicting parking studies, the group would like ample time to review and prepare questions for City staff. Josephine Tamayo Murray suggested that in the future Panelists visit the neighborhood that will be affected by the project. She visited the Admiral District before the Panels review, and was able to learn more about the community and neighbors in the vicinity of the project. Sara also reminded the group that there had been a suggestion to hold review meetings in the affected neighborhood. Sara spoke on behalf of Bill Rex, who had briefed the City Council Finance, Budget and Economic Development Committee on the Admiral review. Bill feels that, although the group was in agreement on recommendations for this project, there should be provisions for writing a minority report. Also, Bill stressed the importance that in a presentation to Council (or the public, or media, for that matter) the Panelist be clear as to whether they are speaking on behalf of the group or as an individual. (See Guiding Principle #12 below.) Greg Sundberg asked the Admiral Panelists whether a formal City parking garage policy had been presented to the group, to help with their analysis of the project. The City does not have a formal policy, and Sara circulated two policy memos from the Strategic Planning Office which address the parking policy issue. Guiding Principle #12 Panel Chair Jan Hendrickson proposed language for "Guiding Principle #12". The principle responds to Panelists requests at the last full-Panel meeting to have a principle addressing the groups relationship to each other and their work. The language as proposed was:
Bob Mahon requested that the word "decisions" be struck, as the Panel makes recommendations, not decisions. He also pointed out that supporting Panel decisions does not allow room for a minority report. The group discussed the need for their own due diligence, and the fact that their process is open and should allow for differing points of view, both within the group, and from outside parties. Jan Hendrickson reminded the group that the Chair and Vice-Chair act as media spokespeople for the Full Panel, and the Chair of a specific Project Panel will act as media spokesperson for that group. Panelists adopted (by a vote of 12-0) the following language for Guiding Principle #12: Panelists agree to communicate in an open, candid and respectful dialogue during the course of their work, to support panel processes, and to clarify to external parties whether speaking on behalf of the panel or as a private citizen. Panel Bylaws Sara Levin had written a draft set of bylaws for the group, which had been circulated prior to the meeting. Panelists had provided Sara with comments and revisions ahead of time. Sara made minor changes to the document (revisions which would not change the intent) prior to the meeting. Major revisions were left for the group to discuss. Below are highlights from the groups discussion of the draft document: The group requested that language be added to address staggered terms. Panelists agreed that it will be important for the group to have continuity, and that their terms should not all end at the same time. Sara will circulate a list of Panelists, and whom they had been selected by (Mayor/Council/Panel). One member from each group will volunteer to serve an extra year. (Article I: Section 2: Selection and Length of Appointment) Jan Hendrickson and Jackson Schmidt also asked that the draft bylaws be circulated to the Council and Mayors office for their review. The group agreed that they would like to make sure both Council and Mayor support the bylaws. The group agreed that the Chair and Vice chair should be selected at the first full-Panel meeting in January of each year, and that the current officers will serve until their terms are over. (Article I: Section 6: Chair and Vice-Chair selection) The group added language to clarify that, in the event that the both Chair and Vice-Chair are unable to preside at a meeting, the Chair will designate another Panelist to fulfill his/her duties. (Article I: Section 7: Duties of Chair) Bob Filley will write language to address the timeliness of Panel involvement in review of a project. Panelists agree that a Project Panel should be formed and involved early in a projects life, so that their recommendations will be meaningful. Rich Feldman asked whether there is a process for the Panel to decline to review a project, especially if not provided with enough lead time for sufficient review. (Article I: Section 8: Project Panels) Jackson Schmidt will draft language addressing the minority reports. The group supports having a provision for submission of a minority report, and discussed what level of disagreement in a Project Panel would call for a minority report. Some group members were concerned that a specific process (i.e. the exact number of Panelists it would take to create a minority report, etc.) would be too great a level of detail. Jackson will write a general statement on minority reports. (Article I: Section 8: Project Panels) The group struck a section in the draft document regarding Panelist Restrictions, as identical language is in their Panelist Handbook. Greg Sundberg reminded the group that he had requested clarification from the City Law Department on two points: whether the group is subject to the Open Public Meetings Act, and issues of Panelist liability. Sara informed the group that the Law Dept. is working on a memo, and will remind them about it. Greg Sundberg will work on revising the conflict of interest language slightly. (Article II: Section 1: Conflict of Interest) Dinah Thoreson suggested striking the section restricting Panelists from voting by Proxy. Others agreed, and Bob Mahon pointed out that the need to have a vote by proxy is lessened with the provision for a minority report. (Article III: Section 8: Proxies) The group will vote on the revised set of bylaws at the next full-Panel meeting. Other business: potential briefings Sara asked the group for ideas on full-Panel briefings by City staff. Panelists proposed several topics:
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| Friday, May 12, 2000 2:00-4:80 p.m. Municipal Building, Room 221
Panelists: Maria Barrientos, Sue Cary, Paul Chiles, Jan Hendrickson, Bob Mahon, George Staggers, Rafael Stone, Greg Sundberg, Josephine Tamayo Murray, Dinah Thoreson; P4 Staff: Sara Levin; Guest: Bea Kumasaka, OTAK (planning, engineering, and design firm) Welcome and introductions P4 coordinator Sara Levin welcomed the Panelists and asked everyone to introduce themselves. This was the first meeting of the full Panel. Panelists not present were unable to attend due to last minute meetings, out of town business, and jury duty. Selection of a Chair and Vice Chair Sara Levin reviewed the list of responsibilities for the full Panel Chair. A Chair for the full Panel would: preside at all full P4 Panel meetings; act as a spokesperson for the P4 Panel on general Panel business (as opposed to specific projects); work with the P4 Coordinator to prepare agendas, provide updates to the Mayor and City Council when necessary; respond to other issues that may arise; call special full Panel meetings when necessary; and designate the Vice Chair to act in his/her place when s/he cannot fulfill these responsibilities. Nominations for Chair were called for and Maria Barrientos nominated Jan Hendrickson. Sara Levin told the group that Panelist Bill Rex had expressed interest via email, but he could not be present at this meeting. Jan spoke to the group about her qualifications, including her extensive work with the public sector, experience working with the media, elected officials, and the public. Rafael Stone spoke on behalf of Bill Rex, including his financial experience, his work as a participant and chair of several boards, and current position chairing the downtown Seattle Rotary. The group discussed the drawbacks to electing someone as chair whom several members had not yet met. (Bill was one of the recently-selected members of the group), although members present agreed that both candidates for Chair were excellent. There was some discussion about selecting Bill as Vice Chair, but not all Panelists were comfortable with this option they were unsure whether he would be interested in the position, and did not want to select him as Vice Chair by default. Panelists debated whether or not a Vice Chair was needed for the group. The group voted 6-3 to have a Vice Chair. With this, they agreed to change the list of Panelist Responsibilities to reflect that the Chair would designate the Vice Chair (as opposed to any Panelist) to act in his/her place if the Chair could not be present at a full Panel meeting or event. (This would eliminate #5 from the draft list of Panel Chair responsibilities.) The group discussed whether or not to select a Vice Chair at this meeting. They voted 6-3 to select the Vice Chair right away. Paul Chiles put himself forward as a candidate for Vice Chair. Jan Hendrickson left the room, while the group briefly discussed her candidacy for Chair. Greg Sundberg, who came into the meeting late, spoke in support of Jan, having worked with her in several different settings. The group voted 9-0 for Jan Hendrickson as Chair. Jan returned, and Paul Chiles left the room while the group discussed his candidacy for Vice Chair. George Staggers and Sue Cary spoke to Pauls experience and expertise in real estate, and his academic background as well. Rafael Stone reiterated that Bill Rex would also make an excellent officer. Panelists agreed that a balance between the types of expertise of the two officers would be important. Jans financial/public sector experience would balance well with Pauls real estate work. Paul would bring his experience with neighborhood commercial real estate work to the position as well. The group voted 9-0 for Paul Chiles as Vice Chair. Guiding Principles The group discussed and amended a set of guiding principles, originally part of the Panelist Handbook. The original set of principles is below, with revisions noted:
A lot of discussion centered around the issue of dealing with sensitive materials. Panelists recognize that the projects they will be reviewing will involve materials with information that may affect negotiations with private parties. The key will be for the City to provide Panelists with enough information for them to be able to make a thorough review of the public benefits, at the same time respecting that meetings will be open to the public. Several panelists agreed that they would like to maintain the option to have a closed meeting. The group requested a memo from the City Attorneys office regarding their relationship to the Open Public Meetings Act. They also requested something in writing about their personal liability, if a recommendation were to lead to financial loss on the part of the private party. Finally, the group discussed whether or not they should have a specific media policy. The group raised several questions: How should individual panelists communicate their positions on a project with the media? Should the Panel have a guiding principle about communication with the media? How should the group handle minority reports? How will the full Panel coordinate with the smaller project-specific panels? The group would like to make sure that Panelists feel that they are able to freely communicate their views, but to also respect the work of the project-specific panels and the full Panel. Jan Hendrickson will draft a potential guiding principle to address this issue. Regular meeting day/time The group agreed to meet as a whole every two months to conduct business. They also agreed that they would like to discuss and pass bylaws as soon as possible. (Sara has drafted a set of bylaws, and will circulate them for comment.) Friday mornings generally work for all members present (except for the 2nd Friday of the month). The group proposed Friday, June 16th from 7:30-9am for their next meeting. Sara will circulate this date to see if it works for those who werent present.
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P4 Panel Orientation Part II 10:00-11:30 a.m. Municipal Building, Room 221
Panelists: Maria Barrientos, Paul Chiles, Bob Filley, Jan Hendrickson, Bob Mahon, Rafael Stone, Greg Sundberg, Scott Surdyke; Facilitator: David Harrison; Staff: Sara Levin; Guests: Lee Belland (City staff), Kery Murakami (Seattle PI) Sue Cary participated by speakerphone for the first ½ hour. Jackson Schmidt was out of town, and listed his preferences ahead of time. Welcome and introductions Panelists Bob Filley and Jan Hendrickson introduced themselves. Both missed the first P4 Panel meeting. Bob is the director of the Center for Community Development at the University of WA (affiliated with the College of Architecture and Urban Planning). He was a member of the Public-Private Partnership Task Force. Jan was formerly the finance director for Sound Transit. She left that position in December. Jan has a background in public policy and public affairs, and experience with government relations, media relations, public communications strategies, and political strategy. Selection of remaining P4 Panelists David Harrison asked the group how they wished to proceed on selection of the remaining P4 panelists. Prior to the meeting, each Panelist was given a list of interested individuals and their area(s) of expertise. This list was generated by the group themselves, with one person nominated by a community member. The group decided to review the list of nominees, with each Panelist commenting on the nominees to the extent possible. One Panelist noted that if the group cant agree on 5 appropriate additions during this meeting, they should take their time and continue to propose names. Panelists considered the following areas of expertise in generating their list:
Panelists also stated that they would like to ensure that the Panel is representative of the community.
Following discussion, Panelists took a straw vote, each having 5 votes. Before the group voted, they agreed to remove Bob Santos and Karen Wong from the list, as their interest had not been confirmed by the meeting date. Each Panelist had 5 votes. The list was narrowed to: Rich Feldman, Bill Rex, George Staggers, Tim Otani, Dinah Thoreson, William Block, Scott Mackay. Panelists further discussed the list and narrowed the group to Rich, Bill, George, Tim, and Dinah. Upon further discussion, the group expressed concerns that both Tim and Dinah work at WA Mutual. The group decided that Dinahs experience would complement the Panels expertise. With four Panelists selected (Rich, Bill, George, and Dinah), the group decided that the 5th Panelist needed to be a representative of either (or both) the Asian community and small business interests. Two names were offered Sue Taoka and Josephine Tamayo Murray. The group agreed that Sara would contact Sue first, and then Josephine, and that either would be an excellent addition to the Panel. Subgroups reviewing South Lake Union and Admiral Garage projects Due to conflicts of interest with SLU and the Admiral Garage projects, the subgroups reviewing them were slightly reconfigured. Bob Mahon, Greg Sundberg, Jakcson Schmidt, and Maria Barrientos will review SLU (Bob Filley, Paul Chiles, and Scott Surdyke have conflicts) and Sue, Rafael and Scott will review Admiral, with two additional panelists from the new group. Next Steps
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P4 Panel Orientation Part I 4:00-6:00 p.m. Mayors Conference Room, 12th floor, Municipal Building DRAFT DRAFT DRAFT Following are brief notes from Orientation Part I for P4 Panel members. Attending Panelists: Maria Barrientos, Sue Cary, Paul Chiles, Bob Mahon, Jackson Schmidt, Rafael Stone, Greg Sundberg, Scott Surdyke; Facilitator: David Harrison; Staff: Sara Levin; Guests: Council President Margaret Pageler, Deputy Mayor Maud Daudon, Bill Alves, Lee Belland (City staff), Kery Murakami (Seattle PI) Welcome and introductions City Council President Margaret Pageler and Deputy Mayor Maud Daudon welcomed the group and made introductory comments. Both thanked the Panelists for taking the time to participate in review of public-private partnerships, and stressed the value and importance of the advice that the Panelists will be providing the City. Facilitator David Harrison of the University of Washingtons Northwest Forum introduced himself and mentioned his role as facilitator for the Public-Private Partnership Task Force. P4 coordinator Sara Levin introduced herself and asked each panelist to introduce his/herself and briefly describe his/her area of expertise and community involvement. Following are highlights from the introductions:
(Absent were panel members Bob Filley and Jan Hendrickson) Orientation Panelists were given binders with an extensive set of materials, referred to throughout the presentation. Sara Levin gave a brief history of the work that led to the P4 Panels creation, and an overview of the entire review process for public-private partnerships (PPPs). The Citys Public-Private Partnership Task (PPPTF) was formed in November 1998 by Mayor Schell and then-Council President Sue Donaldson. The group consisted of a group of 17 citizens with varying backgrounds in finance, community development, architecture, labor issues, and others. The Mayor and Council President asked the PPPTF to propose a set of standards for PPPs between the City and private or nonprofit entities. The group was asked to focus on partnerships that involved development of physical space, amongst other attributes. The PPPTF spent 10 months deliberating, meeting with citizens, city staff, community groups, and worked very hard to propose a set of standards for PPPs. Meetings were open to the public, and the group received a good deal of attention from the media. The groups main consideration was to ensure that review of PPPs by the public and elected officials would be clear, timely and intensive. The PPPTF submitted a report to the Mayor and Council in September 1999 which outlined: recommended types of partnerships to be reviewed, what issues should be reviewed, when review should occur, and who should do the reviewing. The group also recommended that the new review process be reviewed after one year. Two PPPTF members submitted a minority report, with concerns about the proposed PPP Review Panel, and a desire to see it function as a truly independent body, with a large body of members who serve terms. At the end of 1999, the City Council passed Resolution #30072, which captures the main elements of the PPPTF report, namely a Protocol document which asks questions about public benefits of a PPP, and the review panel. The Resolution was written with enough flexibility to make the process adaptable, and specified review of the process after one year. At the same time, the City settled a lawsuit with a group called CLEAN, namely over the Pacific Place Garage. The settlement established a set of rules around public notification for certain large capital projects, and was linked as well to the PPP review process. The new process, known as P4, has two main components: City staff completion of the Protocol, and external review by the P4 panel. "Targeted partnerships," or those which will be reviewed, are: directed toward the development of physical space; between the City and a private entity, including non-profit organizations; partnerships which involve $5 million or more in City investment; partnerships in which both the City and its partner have a financial interest; and partnerships in which the City is seeking benefits for the public that would not otherwise be provided by the private entity. Public-private partnerships which dont meet the above requirements can be subject to P4 at the direction of the Mayor or City Council. Currently, the City has 3 targeted partnerships waiting for review: South Lake Union, the Admiral Garage, and the Aquarium. The Protocol is a document to be completed by City staff, and asks a series of questions about a specific PPP. The questions focus on a projects public benefits. The Protocol will be the main document that P4 panelists review. The Panel consists of 15 members, 5 selected by the Mayor, 5 by Council, and 5 by those 10. The group of 15 will self-select smaller groups of 5 or more panelists to review specific projects. Panelists will be involved in reviewing a project at approximately 3 stages. (Sara walked the group through this process by referring to documents in the Panelist Handbook). In addition, Panelists will meet for full-group meetings approximately every 6 weeks. The full-panel meetings will allow the group to select subgroups for review of individual projects, to receive any training or updates, and to provide commentary and feedback on how the review process is working. Sara also pointed out a set of Panelist guiding principles. These principles set up the basic framework for how the group functions. The plan is to have the full group adopt them after discussion at the next meeting. Sara will also work on a set of bylaws for the group. Ethics Carol Van Noy, Director of the Citys Ethics and Elections Commission gave the group a brief overview of ethics issues which may affect the Panel. Carol referred to a list of restrictions in the Panelist Handbook. She gave a brief overview of the Ethics Code, and discussed the fact that the P4 Panel, as an ad hoc committee (a committee that does not interpret, administer, or execute City law) is not subject to the Code of Ethics. The Code does not prohibit membership by persons who have a financial or private interest in the matters on which they must act. It is extremely important, however, that P4 Panelists avoid conflicts of interest or the appearance of a conflict of interest, and that Panelists conduct themselves in such a manner as to ensure the integrity of the Panels advisory status and independence. One panelist asked whether, if the Panel gives a negative review of a project, the group is liable or vulnerable to lawsuits if the project or City then loses money. (Sara will ask this question of the City Law Department.) Another Panelist reminded the group that if one of the Panelists has a conflict or appearance of conflict of interest with a project, that person can still serve on the Panel as a whole, and can review other projects, but cannot review the project with which they have a conflict. A third Panelist asked for as much lead time to vet potential conflicts of interest as possible. The group also briefly discussed open meetings and how to deal with confidential information. Sara pointed out information in the Panelist Guiding Principles which indicates that meetings will be open to the public, with limited options for dealing with sensitive issues in closed sessions. Selection of final 5 panelists David Harrison facilitated this section of the meeting, in which the group worked towards selection of the final 5 panelists. Sara Levin distributed and briefly discussed 4 items: a letter from Councilmember Nick Licata asking the group to consider citizens with neighborhood planning and public engagement experience in their selection; a letter from the Design Commission requesting that the group consider appointing a Design Commissioner as one of the final 5 panelists; the City Councils complete list of nominees, including those who were considered but not nominated as part of the Councils 5; and a list of the current groups collective expertise. David gave the group options for proceeding including forming a subcommittee to work on selection of the final 5 and proposing names and vetting them. One Panelist suggested that the group clarify the types of representation they would like to include, focusing on what areas of expertise the group has, and what they need to fill out the Panel. Another Panelist pointed out that the group will be responsible for high-level review of projects, and that Councilmember Licatas request for neighborhood input is the responsibility of the Council. Panelists agreed that together, they have a great deal of neighborhood experience along with their professional expertise. The group agreed to focus on the areas of expertise that they felt would complement the current Panel, pointing out that one area can be represented more than once, as not all panelists will be reviewing all projects. The following areas of expertise were decided upon:
The group would also like the remaining Panelists to be representative of the community. Panelists decided that, since most projects will be reviewed by the Design Commission as a matter of course, that they do not need to add a Commissioner to the Panel. The Panel will have other City expertise available to them as they review a specific project. Panelists decided to propose 1-3 people each, and to get names and other information to Sara by Friday March 17th. South Lake Union and Admiral Garage selection Panelists self-selected for review of the South Lake Union and Admiral Garage projects. Potential panelists for South Lake Union include: Bob Mahon, Greg Sundberg, Paul Chiles (who disclosed that he may have a conflict Sara will check with Ethics), Bob Filley (expressed interest via email prior to meeting may have a conflict, Sara will check), Scott Surdyke (who disclosed that he may have a conflict); and Jackson Schmidt. Sara will check on all potential conflicts of interest. Potential panelists for Admiral include: Sue Cary, Rafael Stone, Maria Barrientos (who has a potential conflict) and Scott Surdyke (who disclosed that he used to work for the half-brother of one of the parties involved). Next steps
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