Template revised September 22, 2016.
COMMISSION
AGENDA MEMORANDUM
Item No.
6b
ACTION ITEM
Date of Meeting
December 12, 2017
DATE: November 21, 2017
TO: Dave Soike, Interim Executive Director
FROM: Lance Lyttle, Managing Director, Aviation Division
Clare Gallagher, Director, Capital Project Delivery, Public Affairs
SUBJECT: Second Reading and Final Passage of Resolution No. 3741, Port of Seattle and City of
SeaTac 2018 Interlocal Agreement.
ACTION REQUESTED
Request Second Reading and Final Passage of Resolution No. 3741, a Resolution of the Port
Commission of the Port of Seattle authorizing the Executive Director to execute an Interlocal
Agreement with the City of SeaTac to establish a mutual and cooperative system for exercising
their respective jurisdictional authority regarding land use, surface water management,
interagency cooperation, economic development, and public safety.
EXECUTIVE SUMMARY
The purpose of this Resolution is to enact an Interlocal Agreement (ILA) between the Port of
Seattle and the City of SeaTac to address respective operational and authority issues that could
be anticipated to arise with regard to the operation of the airport and related facilities. The
Agreement is intended to be a comprehensive and cohesive package of elements for mutual
value to both the Port and the City, and a commitment to successful partnership, providing
predictability and consistency for activities between the Port and the City. Each element
reflects a negotiated outcome between Port and City positions, for overall benefit.
The current ILA between the Port and the City of SeaTac will expire early in 2018. Adopting the
new ILA continues a practice first established in 1997 between the Port and the City.
The new ILA continues the model of the current ILA by addressing land use and development
regulations to serve the interests of both the Port and the City; delegation of building
permitting authority by the City to the Port, attendant responsibilities and
documentation/system needs between the Port and the City; and traffic planning between the
Port and the City, including support of the City’s expected Neighborhood Parking Program. The
proposed ILA also addresses storm water management, environmental review and public
safety. The framework section, addresses the term of the Agreement, the role of the Joint
Advisory Committee, the amendment process, and use of dispute resolution.
COMMISSION AGENDA – Action Item No. _6b_ Page 2 of 3
Meeting Date: December 12, 2017
Template revised September 22, 2016; format updates October 19, 2016.
The Port and the City jointly released the proposed Interlocal Agreement, held public briefings
on the document on November 14, hosted a public open house on November 16 and accepted
electronic comments, took public comment at multiple Commission and Council meetings in
Nvember, maintained a comment drop box and provided comment forms to open house
attendees. All comments received were consolidated and provided to both the Port
Commission and City Council.
JUSTIFICATION
As municipal corporations, the Port of Seattle and the City of SeaTac each have statutory
authority to address common subjects such as comprehensive planning, land use,
transportation, surface water management, critical areas, public safety, and other matters.
Both parties are governed by the State Environmental Policy Act (SEPA) and have lead agency
authority to the extent provided in the SEPA rules.
These authorities come into particular focus through the Port ownership and operation of
Seattle-Tacoma International Airport (Sea-Tac Airport), which is located primarily within the
SeaTac City limits.
Following the City’s incorporation in 1995, the Port and the City have entered into Interlocal
Agreements to jointly establish a mutual and cooperative system for exercising their respective
jurisdictional authority to avoid disputes or potential claims and to obtain fair and equitable
resolution of any potential disputes or claims.
This resolution follows previous Interlocal Agreements, which are as follows: Interlocal
Agreement I dated September 4, 1997, along with Amendment 1 dated December 14, 1999,
Amendment 2 dated December 15, 1999, Amendment 3 dated December 5, 2000, Amendment
4 dated December 26, 2001; and Interlocal Agreement II dated February 16, 2006, and
Amendment 1 dated December 22, 2015.
DETAILS
The purpose of this ILA is to jointly establish a mutual and cooperative system to exercise
respective jurisdictional authority and avoid disputes between the Port and the City of SeaTac.
The use of an ILA recognizes that the City and the Port have a unique relationship and both
Parties’ benefit from partnership, transparency and collaboration around the operation of Sea-
Tac Airport, which is an essential public facility under state law, and the ninth-busiest airport in
the national system of airports in the U.S. Having a negotiated agreement provides
transparency, predictability and consistency and significantly reduces the potential for litigation
between the Port and the City.
Foundational work for the new ILA began in 2016 with the Guiding Principles providing a
framework for the upcoming negotiations. Following this, staff from the City of SeaTac and
Port of Seattle began active negotiations in January 2017. Work teams, along with City and Port
COMMISSION AGENDA – Action Item No. _6b_ Page 3 of 3
Meeting Date: December 12, 2017
Template revised September 22, 2016; format updates October 19, 2016.
executives, completed language for all sections of the agreement, and the JAC finalized
negotiations for the proposed agreement in preparation for public briefings and adoption.
The ILA consists of seven Chapters: the Preamble, General Provisions, Land Use &
Development, Permitting & Inspections, Transportation, Environmental Regulations, and Public
Safety & General Services.
New elements contained within this ILA include a boundary map to delineate delegated permit
authority, a process for the Port to support City business license compliance, and a fee
structure to support the integration of Port permitting into the City’s established system. The
proposed ILA also includes new fees for service, including permit fees, and financial support for
the City’s General Fund for public safety and traffic enforcement. Additionally, the ILA
addresses transportation impact fees, and surface water management fees for Port-owned
properties.
ATTACHMENTS TO THIS REQUEST
(1) Resolution No. 3741, Port of Seattle City of SeaTac 2018 Interlocal Agreement
(2) Proposed 2018 Interlocal Agreement – Port of Seattle and City of SeaTac
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
November 28, 2017 – First Reading of Resolution No. 3741 and Public Hearing of the Port of
Seattle/City of SeaTac 2018 Interlocal Agreement
November 14, 2017 – The Commission was briefed on the negotiations and status of the
proposed 2018 Interlocal Agreement.
