Transcript
Automatically generated transcript. It may contain errors and includes testimony in languages other than English that is not individually marked up for assistive technology.
Jamie Dunphy
Good afternoon, everybody.
I'm now calling back to order this recessed meeting of the Portland City Council.
Rebecca, can we please call the roll?
Rebecca Dobert
Kanal?
Sameer Kanal
Here.
Rebecca Dobert
Pirtle-Guiney?
Elana Pirtle-Guiney
Here.
Rebecca Dobert
Ryan?
Dan Ryan
Here.
Rebecca Dobert
Murillo?
Angelita Morillo
Here.
Rebecca Dobert
Novick?
Steve Novick
Here.
Rebecca Dobert
Clark.
Green.
Mitch Green
Here.
Rebecca Dobert
Zimmerman.
Avalos.
Candace Avalos
Present.
Rebecca Dobert
Smith.
Loretta Smith
Here.
Rebecca Dobert
Dunphy.
Jamie Dunphy
Here.
And can we please have the attorney read the rules of decorum?
Robert Taylor
Good afternoon.
Welcome to the Portland City Council.
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Your microphone will be muted when your time is over.
The presiding officer preserves order.
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Further disruption will result in ejection from the meeting.
Anyone who fails to leave once ejected is subject to arrest for trespass.
Additionally, council may take a short recess and reconvene.
Thank you.
Convened virtually.
Your testimony should address the matter being considered.
When testifying, state your name for the record.
Your address is not necessary.
If you're a lobbyist, identify the organization you represent.
Virtual testifiers should unmute themselves when the council clerk calls your name.
Thank you.
Jamie Dunphy
Thank you very much.
Can we please move to item 14?
Rebecca Dobert
Item 14, adopt and implement the Moderate Income Revolving Loan Program, document number 2026-124.
Jamie Dunphy
Colleagues, this is the second reading of a non-emergency ordinance.
We've had council discussion and some amendment work.
Is there any further discussion of this item before we move to a roll call vote?
Councilor Green.
Mitch Green
Thank you.
I think that it's— I'm excited about this.
We had some amendments last week and one of them passed, and I really appreciated the conversation.
I just wanted to say that I think this is actually going to be— this is one of those things that's not not easy to understand, and it's kind of got a weird name, and it's Byzantine.
But I think we have an opportunity to, especially with the amendments that passed last week, to see revolving loan funds become an increasingly important tool to replace some of the more impatient capital in the housing production capital stacks.
You know, private equity markets are not there for us right now.
And so when jurisdictions, whether it's at the city level or the state level, Establish these revolving loan funds to then replace that.
I think that's going to be the cheat code for housing production in the years forward.
So this is going to be a really small piece.
I think there's like maybe $20 million on the table for the City of Oregon, although it is a first-come, first-served program.
What I'm hoping is when we see these successes and we can, you know, I think Chair Candace Avalos would entertain this as like, is inviting in some of those developers who've been able to make use of it and say, hey, this did unlock something that was frozen.
Let's celebrate that.
Let's advertise that so we can continue to reinvest in these things and expand that.
So I'm really excited about it, and I appreciate the debate we had last time we talked about it.
I vote— I will vote yes.
Jamie Dunphy
Thank you, Councilor Green.
Councilor Kanal.
Sameer Kanal
Thank you, Council President.
I'm actually going to defer to Councilor Smith.
I'm pulling up my notes, so—.
Robert Taylor
Sure.
Jamie Dunphy
Councilor Smith.
Angelita Morillo
Thank you.
Loretta Smith
Um, thank you, Council President.
I think this is, um, a, a very good program because if you look at the ecosystem of building housing, uh, there is very little out there in the, in the world for, um, middle housing.
And, and that middle housing, um, piece is where folks can probably pay some of these higher fees back, but I think that this is important and we have to do it, and I'd like to see more middle housing in East Portland, and I look forward to seeing what projects come out of this.
Thanks.
Jamie Dunphy
Thank you, Councilor Smith.
Councilor Morillo.
Angelita Morillo
Thank you, Council President.
I will be voting yes on this today, but I also just want to add that, you know, I have some concerns that I stated last time, and I do need to reiterate them because This does essentially leave the city carrying the repayment liability to the state for the loans Prosper underwrites and the council never approves.
And that means that council— that means that Prosper is going to be writing the checks.
But if the deal sours and the TIF or the fee-in-lieu repayment doesn't materialize, the city repays the state out of its own funds, our own funds.
And so the entity making the underwriting call bears none of the downside.
Jamie Dunphy
Councilmember Smith.
Angelita Morillo
While the body holding all of the liability has no way to address that or hold it accountable.
And council's investigative authority under the charter does not extend to Prosper.
So if a deal goes bad, we as city council can't actually compel the underlying records to be responsive to that deal going bad.
We can't ask for the pro forma.
We can't ask for the underwriting documents.
We can't ask for the underwriting documents.
And, you know, I'm just going to say again, with what happened with Maiden Old Town, for example, we don't want to be holding the bag for that.
We want to make sure that we can do oversight in the ways that the city requires of us.
So I think this is a good step forward, and I will be supporting it today.
But I am just generally concerned about how the city is handling this.
Councilor Loretta Smith.
So I think revolving loan funds are great as a concept, and we need to create one within the city, but we also need to do this as well right now while we have the chance.
But we also can't reduce the risk that this is going to put us in.
So I just wanted to state my piece, but I will be voting aye.
Elana Pirtle-Guiney
Thank you.
Jamie Dunphy
Thank you, Councilor Morillo.
Councilor Smith.
Loretta Smith
Thank you.
Thank you, Council President.
I, I don't know why we don't have people up here from the Housing Bureau, somebody here other than council to— it's the DCA?
Steve Novick
Yep.
Loretta Smith
Okay.
Hi, Donnie, could you come up for a second?
It's almost like we're on our own and people know about these agenda items and we don't have anybody from the administration ever to sit here.
And so we end up kind of, you know, going back and forth with ourselves.
And we're not the administrators of this.
So thank you so much.
I think this is a very important project.
Could you explain this revolving loan?
Because there's a couple that we have now.
We have the revolving loan from the TAO, which has a 60% and below, and that we're responsible for.
And then we have this program.
And the reason why we created this program is so that we could get the state money that, that the governor has.
Could you address some of those issues that Councilor Murillo was talking about in terms of taking all the risk if, if these projects, if they bankrupt or go sideways or, or if they are short some, some funding and they need additional gap funding to complete projects?
Could you kind of—.
Donnie Oliveira
Yeah, thank you.
Yeah, thank you, Councilor.
Donnie Oliveira for the record.
Councilor Murillo is referring to the risk the city funds would have if a project that was granted by the state went belly up or went sideways.
Just this particular loan that you're— this ordinance, excuse me, is giving the city the authority to administer programs that are a state-led loan.
So this is really a state loan program that you're giving us agency.
In this case, the ordinance bestows that authority to Prosper to administer the projects through that loan.
The reason why Prosper is the appropriate body for projects that are in TIF is we'd be able to utilize TIF as essentially the safety net if those projects didn't pin out.
Now, I believe what Councilor Morillo was referring to is if there is no TIF for whatever reason, then yes, the city's full faith and credit would be backing the true underwriting or the underlying loan if that were to play out.
Loretta Smith
But TIF is the one who—.
Donnie Oliveira
TIF would be the first line of defense, if you will, yes.
Loretta Smith
Would be the first line of defense.
No, I like it.
I think it's great.
It would've been great to hear from Prosper as well to, you know, kind of level set what they see in the future.
Are there any projects in the pipeline right now that you know of that are waiting for this ordinance to pass?
Donnie Oliveira
We are aware of several projects, and especially you heard from Robert Pyle at the last meeting.
He's got projects in that smaller range, and then we have projects like Broadway Corridor on the bigger size that, that could potentially be eligible for the program.
So those are examples of projects, but—.
Loretta Smith
I'm not voting for this if you don't have none in East Portland.
Donnie Oliveira
It's a competitive— it's a competitive program, Councilor.
Loretta Smith
I'm just saying, y'all better get some in East Portland.
Noted.
No, I like it.
Thank you.
Jamie Dunphy
Thank you, Councilor Smith.
Councilor Kanal.
Sameer Kanal
DC Oliveira.
Jamie Dunphy
Um, good try.
Sameer Kanal
Thank you, Council President.
Just since we're on the subject, is there anything that— I think we need to have a conversation at some point about the citywide, but is there anything for this particular program that does protect it from not all being in the same part of the city?
Is there any geographical protection for this at all?
Donnie Oliveira
There is not.
Loretta Smith
Okay.
Steve Novick
But the—.
Sameer Kanal
And, and what about the projects that are not in TIF districts?
Donnie Oliveira
There, there are other fundamental, like, financial fundamentals to, to pay that back.
And if I can invite staff up to walk through non-TIF projects, if you'd like.
But the answer is yes.
Non-TIF projects are eligible as well.
Sameer Kanal
Okay, and then for the TIF projects, I mean, in terms of geographical protection, there are TIFs in parts of this, various parts of the city.
They're not necessarily evenly distributed, but, and not necessarily, the loans will not necessarily be evenly distributed between them, but there is the opportunity.
It's not like all the TIFs are in D4 or something.
Jamie Dunphy
Correct.
Rebecca Dobert
Yeah.
Sameer Kanal
Okay, colleagues, I am really, Concerned about the Prosper part of this.
I think I mentioned this last time.
I really appreciated, uh, both Green 3 and Green 4, which didn't pass, along with Green 2, which did.
Um, I don't understand why Green 3 was so controversial.
I get why Green 4 was, but I just had a different opinion on that one.
But I would have loved to have more reporting.
Don't see what the harm is in more reporting.
Um, but, uh, I'll begrudgingly be supporting this, but with the intention of revisiting if there is a concern about who manages it.
And so I'd ask for CEDSA leadership to be aware of the possibility that if council feels it's not working, we might want to get this back into PHB.
Thanks.
Jamie Dunphy
Thank you, Councilor Kanal.
Vice President Clark.
Olivia Clark
Thank you, Council President.
I am an enthusiastic supporter of this and really appreciate I appreciate my colleagues bringing it forward.
I think we are in such a bad situation, we have such a great need that anytime we can leverage something, we'll look in every couch cushion, look under every rock and try to get something going.
And this is an opportunity.
And I, for me, oh, I know, I know.
Sorry, I'll turn this way.
Jamie Dunphy
No, it's great.
Olivia Clark
It's poison waters.
Anyway, um, I, I— this overcomes any concern I have about risk, about it going to prosper.
So I just want to let people know that I think this is fantastic.
Thank you.
Jamie Dunphy
Thank you, Vice President Clark.
Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
Thank you, Council President.
I am so glad that we are taking advantage of this opportunity.
There are state dollars that we should not just leave on the table.
This certainly is not the panacea of creating middle housing or homeownership opportunities, but it is a piece of the puzzle that we need to have access to.
I got in the queue though because Councilor Kanal asked broadly about support in other areas of the city, and I just want to say specifically, I look forward to seeing some of these projects in District 2.
Thank you, Council President.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Colleagues, seeing no one else in the queue, Rebecca, can we please move to a roll call vote?
Rebecca Dobert
This is for Document 2026-124.
Kanal?
Sameer Kanal
Aye.
Rebecca Dobert
Pirtle-Guiney?
Elana Pirtle-Guiney
Aye.
Rebecca Dobert
Ryan?
Dan Ryan
Aye.
Rebecca Dobert
Koyama Lane?
Elana Pirtle-Guiney
We'll take projects in District 3 also.
Angelita Morillo
I vote aye.
Rebecca Dobert
Theo?
Angelita Morillo
Aye.
Rebecca Dobert
Novick?
Steve Novick
Aye.
Rebecca Dobert
Clark?
Olivia Clark
Aye.
Rebecca Dobert
Green?
Mitch Green
Aye.
Rebecca Dobert
Zimmerman?
Eric Zimmerman
Absent.
Rebecca Dobert
Avalos?
Candace Avalos
Aye.
Rebecca Dobert
Smith?
Loretta Smith
Aye.
Rebecca Dobert
Dunphy?
Jamie Dunphy
Aye.
Rebecca Dobert
The ordinance passes with 11 aye, 1 absent.
Jamie Dunphy
Thank you very much.
Rebecca, can we please read items 15 and 16 together?
Rebecca Dobert
Item 15, authorize a cable franchise fund for the Bureau of Planning and Sustainability to support the collection of public education and government revenues and manage cable franchise work related to Intergovernmental Agreements with Jurisdictions, document number 2026-175.
Item 16, amend city code to reflect the dissolution of the Mount Hood Cable Regulatory Commission, amend code chapters 3.33 and 3.115, document number 2026-176.
Jamie Dunphy
Thank you very much.
These are the first readings of 2 separate non-emergency ordinances.
Christopher Hare from Council Operations is here with a committee staff summary report.
Olivia Clark
Christopher.
Take it away.
Christopher Hare
Good afternoon, Council President and Councilors.
For the record, Christopher Hare, Council Operations Policy Analyst.
I serve as staff to the City Life Committee.
The ordinances before you, document numbers 2026-175 and 2026-176, were considered in the City Life Committee on May 26th, where they were referred to full council with a recommendation that they be passed.
The ordinance, document number 2026-175, establishes the Cable Franchise Fund.
Fund 234, effective July 1st, 2026, to be administered by the Bureau of Planning and Sustainability.
The new fund will replace the Mount Hood Cable Regulatory Commission, or MHCRC, Fund 855 following the dissolution of the MHCRC on June 30th, 2026.
The Cable Franchise Fund will support capital costs related to public educational and governmental, or PEG, access services consistent with applicable law, account for costs associated with any subsequent intergovernmental agreements, IGAs, with partner jurisdictions and fulfill outstanding obligations of the MHCRC following its dissolution.
Funding sources for the Cable Franchise Fund include city PEG revenues, IGA revenues associated with services provided to partner jurisdictions, and resources transferred from the MHCRC Fund 855 to address remaining obligations of the former commission.
The ordinance document number 2026-176 amends City Code Chapter yes.
Second.
Second.
The ordinance is moved to amend Chapter 3.115 as shown in Exhibit A and Chapter 3.33 as shown in Exhibit B.
Amendments to Chapter 3.115 remove references to MHCRC and the IGA that created it, ensures cable providers are held to the same standards as they are under the MHCRC, and retain the city's representation on Open Signal's board.
Amendments to Chapter 3.33 remove all references to MHCRC and retain all other functions performed by city staff within the Bureau of Planning and Sustainability.
No verbal or written testimony was provided prior to committee action on either ordinance.
Thank you very much, Christopher.
Jamie Dunphy
Councilor Pirtle-Guiney, this came out of your committee.
Angelita Morillo
So it did.
Elana Pirtle-Guiney
Thank you very much, Council President, colleagues.
This is the most controversial thing we'll do this week.
Just kidding.
Um, we moved this unanimously out of committee on May 26th.
This was on our agenda previously in the month, but we ran out of time that meeting to hear it, so it's back today.
Previously, I want to say in May, the City Life Committee brought a proposal to full council unanimously to dissolve the joint commission that we have to regulate our cable franchises.
This is the next step in that work.
I think we said at that time things came a bit out of order just because of what we needed to do with the budget process.
These 2 items are what I think we wish we would have heard first, where we can make the, the more technical adjustments and decisions about whether we want to do the dissolution and move in this direction.
But they needed to come as follow-ups to the earlier piece that had to do with the budget.
Essentially, this replaces the old regional fund that went away with the commission.
With the It removes outdated references and shifts that responsibility back to the city, allows us to do the work that we have talked previously about doing as our cable franchise fees diminish over the next few years.
Thank you, Council President.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Colleagues, I have confirmed that there is no one signed up for testimony, so we're going to move both into technical and clarifying questions and also to public comment.
Olivia Clark
Councilor Smith, you are the first to speak.
Jamie Dunphy
Council discussion.
Councilor Novick.
Steve Novick
I just wanted to— thank you, Mr. President.
I just wanted to introduce 2 notes of semi-sadness.
One is that I remember when cable TV started, and now we're abolishing the Cable Regulatory Commission because there basically is no more cable TV.
And I'm reminded of the words of Digory, one of the major characters in The Chronicles of Narnia, who says in the final book, The Last Battle, I saw it begin.
I didn't think that I would live to see it die.
And I also just want to give a shout out to David Olson, who was the leader of the Mount Hood Cable Regulatory Commission for years and was a fierce advocate for consumers and made Multnomah County a great place to be a cable consumer.
So I don't know where David is now, but I hope he's listening.
Jamie Dunphy
Thank you, Councilor Novick.
I put myself in the queue because I actually have a couple questions for staff.
If staff could come welcome, friends.
I just wanted to put on the record a little bit.
Could you explain to us what is the future for Open Signal and Metro East, for the grants that this commission has historically put out?
What should folks in our community expect as a result of this, specifically folks who work with those organizations?
Eric Engstrom
Sure.
For the record, Eric Engstrom, Director of the Bureau of Planning and Sustainability, and with me is Andrew Speer, who's I was the franchise utility manager for BPS.
Both of those organizations are community media centers which get the bulk of their funding through the public education government PEG fees that come through cable regulation.
With the MHCRC, they— Metro East was receiving both operational money and capital investment directly from MHCRC.
In the case of Open Signal, the city used its— essentially used its franchise fee revenue into the general fund to do the operational side of Open Signal, and the capital side was still coming from the MHCRC directly.
So with the dissolution of the commission, those 2 entities take slightly different paths.
The City of Portland, of course, remains served by Open Signal.
Metro East is serving the East County jurisdictions.
In the case of Open Signal, we will then be administering both the capital grant that goes to Open Signal as well as the operational grant.
And then we're also spinning off the council services that you're familiar with, the broadcasting of council itself, to a contract with Open Signal instead of including it in the grant.
So Open Signal is having a smooth transition because we can manage all of those parts as a city.
Metro East is in a little trickier situation because they have to deal with multiple jurisdictions.
And in the aftermath of the MHCRC, they will have to form agreements with Gresham and other cities to replace that system.
And that's an ongoing dialogue right now.
Jamie Dunphy
Okay, so there's definitely some change happening.
And obviously that's going to happen.
Has that impacted at this point, to your knowledge, their bottom line or their ability to continue doing the work that they were doing?
Have there been layoffs or anything like that at either of those organizations, you know?
Unidentified speaker
This is Andrew Spear.
I'm the Franchise Utility Program Manager.
At this time, no, there's no layoffs that have been identified as part of this change.
And the, you know, our work within the bureau has been to keep the same funding as last year into this next fiscal year for them.
The organization.
Eric Engstrom
The long-term trajectory is that this action by dissolving the commission, we've taken the cost of running the commission out of the picture and bought ourselves a few more years to consider the question of what happens when the PEG revenue runs out entirely.
And that's still another bridge we need to cross in the future.
Steve Novick
Great.
Jamie Dunphy
Thank you.
It sort of— we've discussed this privately.
I just want to put this out there.
Comcast is sort of the last cable provider.
And part of that is because, as I understand it, some of the companies that were cable providers went away, and some of them have transitioned to more of an internet company.
And as I understand it, Comcast provides cable but also internet, but it's beneficial for them to be a cable company.
What would happen for the city if they did eventually transition to becoming an internet company?
Would we receive more money out of this regulatory agreement, or is that a— I don't know.
A scenario we envision this corporation moving towards?
Unidentified speaker
There's a lot of nuance behind your question.
So there's FCC law that inhibits jurisdictions from imposing fees on other services if the entity is a cable provider.
And so in the case of Comcast, as a dual provider of internet and cable, we can only impose franchise fees on the cable portion.
There's a longer-term question.
If the city perhaps was to say we no longer want to have a cable franchise in the city of Portland, we could then impose franchise fees on all services related to Comcast and their operations, with exception of cable, of course.
But you know, but that's like both a policy question and there's still a somewhat significant amount of number of customers that receive cable that is meaningful because we receive millions per year in franchise fees.
But it's not the same level of gross revenues they're receiving— Comcast is receiving for internet services.
Jamie Dunphy
Gotcha.
Thank you.
That's helpful.
Who will be managing the community technology grants going forward?
Eric Engstrom
There are 2 community technology grant programs that BPS has managed historically since absorbing OCT. One is the Mt.
Hood Cable Commission's grant program that we had been staffing.
That program is essentially sunsetting because we've— we're going to prioritize the grants to the community media centers directly.
Okay.
Grant program that we had been running had been through the general fund, and that was one of our cuts in this year's budget.
So sadly, there are no community technology grant programs going forward that are currently funded, other than we are continuing to manage the legacy grants that have already gone out the door.
Jamie Dunphy
Okay, thank you.
That's all my questions.
Colleagues, any further questions for our friends from BPS?
I'm seeing no one else in the queue.
All right, with that, I'm going to move this item to second reading and the second item— move both these items to second reading.
And colleagues, that's our agenda.
That's everything we have for today.
Relatively easy.
Uh, with that, I am going to— unless there's anything for the good of the order, I'm going to adjourn this meeting of the Portland City Council.
Mitch Green
Do it while you still can.
Jamie Dunphy
Thank you, everybody.
