WEBVTT 1 00:06:51.391 --> 00:06:52.545 Good afternoon. 2 00:06:52.641 --> 00:06:54.550 I'm calling back to order this recessed good afternoon. 3 00:06:57.029 --> 00:06:58.110 Rebecca, can you please call the roll? 4 00:07:00.750 --> 00:07:02.430 Good afternoon. 5 00:07:02.430 --> 00:07:03.250 Koyama Lane? 6 00:07:03.250 --> 00:07:04.089 Here. 7 00:07:04.089 --> 00:07:05.029 Murillo? 8 00:07:05.029 --> 00:07:06.050 Here. 9 00:07:06.050 --> 00:07:07.129 Novick? 10 00:07:07.129 --> 00:07:08.870 Clark? 11 00:07:08.870 --> 00:07:11.290 Green? 12 00:07:11.290 --> 00:07:13.449 Zimmerman? 13 00:07:13.449 --> 00:07:15.050 Avalos? 14 00:07:15.050 --> 00:07:15.930 Smith? 15 00:07:15.930 --> 00:07:16.949 Here. 16 00:07:16.949 --> 00:07:17.589 Kanal? 17 00:07:17.589 --> 00:07:19.189 Here. 18 00:07:19.189 --> 00:07:19.790 Pirtle-Guiney? 19 00:07:19.790 --> 00:07:20.089 Here. 20 00:07:21.103 --> 00:07:21.394 Ryan. 21 00:07:21.571 --> 00:07:21.684 Here. 22 00:07:21.814 --> 00:07:22.120 Dunphy. 23 00:07:22.540 --> 00:07:22.668 Here. 24 00:07:23.524 --> 00:07:25.269 And could we please read the rules of decorum for the chamber? 25 00:07:26.439 --> 00:07:26.519 Yes. 26 00:07:26.793 --> 00:07:27.487 Good afternoon. 27 00:07:27.584 --> 00:07:28.956 Welcome to the Portland City Council. 28 00:07:29.456 --> 00:07:35.165 To testify before council in person or virtually, you must sign up in advance on the council agenda at www.portland.gov/council/agenda. 29 00:07:37.848 --> 00:07:40.778 Information on engaging with council can be found on the council clerk's webpage. 30 00:07:41.374 --> 00:07:44.932 Individuals may testify for 3 minutes unless the presiding officer states otherwise. 31 00:07:44.995 --> 00:07:47.331 Your microphone will be muted when your time is over. 32 00:07:47.742 --> 00:07:49.408 The presiding officer preserves order. 33 00:07:49.487 --> 00:07:56.762 Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, or interrupting others' testimony or council deliberations will not be allowed. 34 00:07:57.291 --> 00:07:59.086 If you cause a disruption, a warning will be given. 35 00:07:59.502 --> 00:08:01.970 Further disruption will result in ejection from the meeting. 36 00:08:02.163 --> 00:08:05.175 Anyone who fails to leave once ejected is subject to arrest for trespass. 37 00:08:05.447 --> 00:08:08.331 Additionally, council may take a short recess and reconvene virtually. 38 00:08:09.052 --> 00:08:11.264 Your testimony should address the matter being considered. 39 00:08:11.456 --> 00:08:13.523 When testifying, state your name for the record. 40 00:08:13.682 --> 00:08:15.028 Your address is not necessary. 41 00:08:15.399 --> 00:08:17.963 If you are a lobbyist, identify the organization you represent. 42 00:08:18.528 --> 00:08:21.721 Virtual testifiers should unmute themselves when the council clerk calls your name. 43 00:08:21.995 --> 00:08:22.254 Thank you. 44 00:08:22.706 --> 00:08:23.495 Thank you very much. 45 00:08:24.589 --> 00:08:27.209 We have 2 items left on our agenda for today, folks. 46 00:08:27.935 --> 00:08:28.841 Relatively light load. 47 00:08:28.889 --> 00:08:30.199 Could we please call item number 7? 48 00:08:34.769 --> 00:08:45.085 Item 7, amend city code and improve land use regulations through the Regulatory Improvement Code Amendment Package 11, amend Code Titles 32 and 33, document number 2026-189. 49 00:08:47.152 --> 00:08:48.081 Thank you, colleagues. 50 00:08:48.193 --> 00:08:51.047 Our initial hearing on Recap 11 was on July 8th. 51 00:08:51.543 --> 00:09:00.024 At that meeting, we passed 2 amendments, the Mechanical Equipment Amendment and my amendment to allow residential unit uses in the campus institution CI-1 zone. 52 00:09:01.177 --> 00:09:07.269 My amendment was adopted with acknowledgement that staff would need to return it with conforming language in order to complete it. 53 00:09:08.312 --> 00:09:20.452 Today we have Dunphy 2, which is pre-filed, which ensures that the changes from Dunphy 1 are made everywhere necessary in the code rather than adding new or unique standards to fill out the housing allowance in CI-1. 54 00:09:21.065 --> 00:09:25.831 And we are pointing to the standards in the RM— of the RM-1 zone. 55 00:09:26.635 --> 00:09:31.245 So I would like to start by formally moving Dunphy 2 to bring conforming. 56 00:09:31.294 --> 00:09:32.326 And I would— is there a second? 57 00:09:32.440 --> 00:09:32.746 Second. 58 00:09:33.052 --> 00:09:35.101 Thank you, Councilor Ryan. 59 00:09:35.327 --> 00:09:38.167 Colleagues, is there any discussion of the conforming amendment? 60 00:09:41.030 --> 00:09:42.289 Not seeing anybody in the queue. 61 00:09:44.419 --> 00:09:47.683 Keelan or Rebecca, sorry, can we please call the roll on Dunphy 2? 62 00:09:51.586 --> 00:09:54.543 Dunphy 2, moved by Dunphy, seconded by Ryan. 63 00:09:55.649 --> 00:09:56.184 Koyama Lane? 64 00:09:56.688 --> 00:09:56.738 Aye. 65 00:09:57.730 --> 00:09:58.712 Murillo? 66 00:09:59.035 --> 00:09:59.212 Aye. 67 00:09:59.938 --> 00:10:00.664 Novick? 68 00:10:00.988 --> 00:10:01.552 Absent. 69 00:10:01.778 --> 00:10:02.197 Clark? 70 00:10:02.745 --> 00:10:02.778 Aye. 71 00:10:04.293 --> 00:10:04.504 Green? 72 00:10:04.681 --> 00:10:05.035 Absent. 73 00:10:05.230 --> 00:10:05.390 Zimmerman? 74 00:10:06.961 --> 00:10:06.994 Aye. 75 00:10:08.563 --> 00:10:08.871 Avalos? 76 00:10:09.373 --> 00:10:09.681 Absent. 77 00:10:09.729 --> 00:10:10.086 Smith? 78 00:10:12.043 --> 00:10:12.059 Aye. 79 00:10:13.339 --> 00:10:13.549 Kanal? 80 00:10:19.259 --> 00:10:19.389 Aye. 81 00:10:20.876 --> 00:10:20.893 Aye. 82 00:10:21.442 --> 00:10:21.783 Dunphy. 83 00:10:22.187 --> 00:10:22.883 Thank you, colleagues. 84 00:10:23.546 --> 00:10:28.349 Additionally, colleagues, on the request of the Bureau of Planning and Sustainability staff— oh, I'm sorry. 85 00:10:28.591 --> 00:10:29.658 Did you— I'm sorry, did you vote? 86 00:10:30.529 --> 00:10:31.240 I didn't, did I? 87 00:10:32.517 --> 00:10:32.645 Aye. 88 00:10:33.178 --> 00:10:33.599 Thank you. 89 00:10:33.679 --> 00:10:34.745 I vote for my own amendment. 90 00:10:34.793 --> 00:10:35.116 Thank you. 91 00:10:35.570 --> 00:10:36.010 Okay, Dunphy, aye. 92 00:10:36.256 --> 00:10:37.139 9 Aye votes. 93 00:10:37.221 --> 00:10:37.548 Thank you. 94 00:10:38.350 --> 00:10:38.383 Wow. 95 00:10:38.856 --> 00:10:39.380 Apologies. 96 00:10:39.429 --> 00:10:40.034 I'm ready to go. 97 00:10:40.268 --> 00:10:41.488 I'm going to try that again. 98 00:10:42.081 --> 00:10:48.649 On the request of BPS staff, there is one more action to take, adjusting the effective date of the recap code changes. 99 00:10:48.905 --> 00:10:51.506 As written, this ordinance has an effective date of October 1st. 100 00:10:51.956 --> 00:10:59.164 Staff is requesting a change to November 1st to align with the timeline for changes to the code required by new federal regulations. 101 00:10:59.518 --> 00:11:06.149 Specifically to the changes of the campus institution zone, my team has confirmed that those customers have no concerns with additional delay. 102 00:11:06.923 --> 00:11:08.629 Chief Planner Diffenderfer is here. 103 00:11:10.046 --> 00:11:13.152 Would you be able to speak to this a little bit, if there's anything further that I didn't include? 104 00:11:14.330 --> 00:11:14.724 There's not. 105 00:11:15.513 --> 00:11:17.436 I'm seeing— there we go. 106 00:11:22.542 --> 00:11:23.894 Good afternoon, Council President. 107 00:11:24.152 --> 00:11:27.371 Pardon me, you were talking about the change in the date, the effective date? 108 00:11:27.839 --> 00:11:30.528 Yeah, it's more for administrative reasons. 109 00:11:30.592 --> 00:11:36.144 We have been working on a project to remediate the code to make it more— to meet ADA accessibility requirements. 110 00:11:38.241 --> 00:11:45.386 The RECAP project touches so many sections of the code and it would be very difficult to update that code while we're remediating the code. 111 00:11:45.466 --> 00:11:48.133 So we'd like to make them all available on November 1st. 112 00:11:48.518 --> 00:11:48.807 Thank you. 113 00:11:49.144 --> 00:11:49.465 Thank you. 114 00:11:50.541 --> 00:11:56.113 So I would move to update the effective date of this ordinance to November 1st, 2027. 115 00:11:56.770 --> 00:11:58.168 And this will be Dunphy 3. 116 00:11:59.452 --> 00:12:00.320 Second. 117 00:12:00.801 --> 00:12:01.941 And Councilor Ryan seconds. 118 00:12:02.005 --> 00:12:02.359 Thank you. 119 00:12:05.279 --> 00:12:06.947 Council President, may I interrupt? 120 00:12:07.477 --> 00:12:12.066 So I believe that staff was also intending council to vote on a replacement ordinance. 121 00:12:12.355 --> 00:12:21.660 So I might suggest we vote on the replacement ordinance first that reflects the findings and then amend it to include the date so that this way we're not amending the ordinance and then having to do the amendment. 122 00:12:21.740 --> 00:12:22.831 I had that reversed on my things. 123 00:12:22.943 --> 00:12:27.660 Okay, then we're gonna skip ahead just a step very quickly and we'll pause on that. 124 00:12:27.756 --> 00:12:29.168 I will withdraw my motion. 125 00:12:29.394 --> 00:12:30.234 Motion for now. 126 00:12:31.767 --> 00:12:40.028 Uh, we must adopt the replacement Exhibit A and Exhibit B, which incorporates all past amendments into the ordinance. 127 00:12:41.945 --> 00:12:48.119 So, uh, I move that to replace those exhibits with those that are posted. 128 00:12:48.605 --> 00:12:49.995 So is that right? 129 00:12:50.094 --> 00:12:50.692 Am I doing this wrong? 130 00:12:51.518 --> 00:12:55.659 Yeah, I think the amendment is to replace the ordinance Exhibits A and Exhibit B. 131 00:12:55.895 --> 00:13:02.543 And what that does is it incorporates all of the amendments, prior discussion, updates the findings to reflect the discussion, updates the ordinance. 132 00:13:02.592 --> 00:13:04.793 So it just updates everything that council has already done. 133 00:13:05.530 --> 00:13:09.160 Can I also fold in an updated effective date in that, or do I need to do that as a separate action? 134 00:13:09.304 --> 00:13:11.761 We'll do it as a separate. 135 00:13:11.811 --> 00:13:13.465 Yeah, let's do this a second so that—. 136 00:13:13.592 --> 00:13:14.154 Thank you. 137 00:13:14.316 --> 00:13:15.440 Apologies, colleagues. 138 00:13:15.504 --> 00:13:16.692 We're figuring this out as we go. 139 00:13:17.094 --> 00:13:21.783 So I move to replace the ordinance and exhibits with those that are posted. 140 00:13:21.847 --> 00:13:22.778 And is there a second? 141 00:13:24.418 --> 00:13:24.739 Second. 142 00:13:25.044 --> 00:13:25.993 Thank you, Councilor Ryan. 143 00:13:26.989 --> 00:13:30.394 Colleagues, to the, uh, to the motion. 144 00:13:31.005 --> 00:13:31.697 Councilor Pirtle-Guiney. 145 00:13:32.692 --> 00:13:39.006 So I just want to understand this because the new exhibits don't have track changes and obvious things to follow. 146 00:13:39.778 --> 00:13:43.586 I want to make sure we understand and that others listening in know what this does. 147 00:13:43.875 --> 00:13:55.823 So the new Exhibits A and B incorporate the amendments from Avalos-Dunphy-Koyama Lane 1, from Dunphy 1, and presumably from Dunphy 2. 148 00:13:56.065 --> 00:13:59.485 I'm hoping these were written assuming we were going to adopt those. 149 00:14:00.078 --> 00:14:02.727 Okay, I'm getting nods from staff in the room. 150 00:14:03.529 --> 00:14:13.115 So the changes from Avalos-Dunphy-Koyama Lane 1, Dunphy 1, and Dunphy 2 have been added to or amended in the exhibits. 151 00:14:13.644 --> 00:14:23.927 Nothing else has been changed in those exhibits except what was needed to change based on the language that was adopted at the last meeting and earlier today. 152 00:14:24.250 --> 00:14:24.846 Is that accurate? 153 00:14:25.539 --> 00:14:27.731 Okay, I'm seeing nods from the room. 154 00:14:27.796 --> 00:14:28.119 Thank you. 155 00:14:28.360 --> 00:14:31.269 Thank you, Councilor Pirtle-Guiney, for explaining it better than I did. 156 00:14:31.495 --> 00:14:32.287 Councilor Knoll. 157 00:14:34.485 --> 00:14:49.846 Yeah, I'm also trying to clarify that, uh, just in terms of we're talking about replacing the— it looks like the 6th and 7th link of Exhibit A and B listed on the website with the 2nd and 3rd link? 158 00:14:50.023 --> 00:14:52.059 Is that what we're— the vote we're about to be asked to do is? 159 00:14:52.894 --> 00:14:53.471 Is that correct? 160 00:14:53.631 --> 00:14:54.706 It's the as amended. 161 00:14:54.835 --> 00:14:57.866 So this is standard practice for legislative land use proceedings. 162 00:14:57.931 --> 00:15:02.936 Council has to vote on the actual and has to have before it the actual package. 163 00:15:03.000 --> 00:15:04.605 We can't change it after the fact. 164 00:15:04.684 --> 00:15:09.785 And so that's why we bring back these as amended and it says, and the ordinance will say vote on as amended. 165 00:15:10.780 --> 00:15:14.341 So what you previously saw, what was filed was Exhibit A, Exhibit B. 166 00:15:15.027 --> 00:15:22.797 Those don't reflect the amendments council made, and the findings also don't reflect the discussion council had or the testimony we heard. 167 00:15:22.860 --> 00:15:29.495 And so we update the findings to also support those changes and support and respond to any testimony or evidence that we received. 168 00:15:30.139 --> 00:15:34.207 Those would be the changes in the findings, and then the changes in the code are the amendments that council actually made. 169 00:15:34.673 --> 00:15:34.980 Got it. 170 00:15:35.076 --> 00:15:37.778 And so the— and those are the links entitled Exhibit A as amended? 171 00:15:37.875 --> 00:15:38.871 As amended, exactly. 172 00:15:38.936 --> 00:15:39.274 That's right. 173 00:15:39.322 --> 00:15:39.740 Great, thanks. 174 00:15:40.607 --> 00:15:41.240 Thank you, Councilor. 175 00:15:41.677 --> 00:15:42.292 Councilor Pirtle-Guiney. 176 00:15:43.052 --> 00:15:44.038 Thank you, Council President. 177 00:15:44.168 --> 00:15:47.325 I just want to specify I had voted against one of those amendments. 178 00:15:48.001 --> 00:15:49.741 I just voted for the conforming one. 179 00:15:49.854 --> 00:15:53.993 I will be voting for these exhibits, though I think we made the wrong policy choice. 180 00:15:54.201 --> 00:15:59.791 I would like our books to be clean, and so I will be supportive of these changes that follow from it. 181 00:16:00.302 --> 00:16:00.616 Thank you, Councilor. 182 00:16:02.717 --> 00:16:10.315 Seeing no one else in the queue to discuss, can we please call the roll on the replacement ordinance and exhibits. 183 00:16:13.220 --> 00:16:14.009 Sorry, we just have a question. 184 00:16:14.058 --> 00:16:23.158 So the intent is this is now Dunphy 3, and the intent is to then amend Dunphy 3 to update the start date to November— the effective date to November 1st? 185 00:16:23.480 --> 00:16:25.408 Yes, that sounds right to me. 186 00:16:26.452 --> 00:16:28.125 So you want to amend the amendment? 187 00:16:28.381 --> 00:16:32.360 Point of information, I thought we were voting on the updated exhibits, not on the change. 188 00:16:32.424 --> 00:16:33.073 Yeah, I'm confused about that. 189 00:16:33.154 --> 00:16:38.923 Yeah, so we're going to vote on updating the exhibits and amending and and replacing the ordinance. 190 00:16:39.052 --> 00:16:49.270 There is a new— and staff, can you point me to actually where the replacement ordinance was filed? 191 00:16:50.470 --> 00:16:51.899 Yeah, so the replacement ordinance was filed. 192 00:16:51.947 --> 00:16:53.118 I'm just not seeing it on the list. 193 00:16:53.735 --> 00:16:57.618 Um, by all means, come on up if we need to go through some stuff. 194 00:16:58.190 --> 00:16:59.235 Yeah, this is confusing. 195 00:16:59.284 --> 00:17:13.817 So we have the exhibit, we have the exhibit and attachment list with the as-amended Exhibit A, the changes to the ordinance that I reviewed in whatever that system's called, are those already reflected? 196 00:17:14.075 --> 00:17:14.316 They are. 197 00:17:14.413 --> 00:17:16.731 They're already reflected here on what's on the website. 198 00:17:17.616 --> 00:17:19.097 I'd have to look at what's on the website. 199 00:17:19.163 --> 00:17:21.529 We filed an updated ordinance. 200 00:17:21.643 --> 00:17:24.493 I don't have in front of me what the links say there. 201 00:17:27.694 --> 00:17:29.243 Council President, may I ask a question? 202 00:17:29.308 --> 00:17:29.830 Absolutely. 203 00:17:30.058 --> 00:17:30.826 It has all the amendments. 204 00:17:30.875 --> 00:17:42.728 It sounds like what we're hearing is that the language listed, Section 1, Council finds, now therefore Council directs, on the webpage may have been changed. 205 00:17:43.354 --> 00:17:55.653 And if that's the case, I'd like to make sure that we are clear for folks watching about where they can see the original version versus the new version and how in our system online that's filed. 206 00:17:55.781 --> 00:17:59.442 Also so that councilors can track in that language what the changes are. 207 00:18:00.212 --> 00:18:07.369 Because I'm feeling like we're getting a lot of take it on faith that these changes are what we say they are and that they have been made. 208 00:18:07.530 --> 00:18:09.472 And I'd like to know what I'm voting on. 209 00:18:10.548 --> 00:18:21.395 Oh, the— It's the file, the— when I'm looking at the ordinance that's in HTML on the website, it has the update. 210 00:18:21.556 --> 00:18:22.632 It has the as amended. 211 00:18:22.759 --> 00:18:25.936 And so the concern or the— so this is the as amended? 212 00:18:26.114 --> 00:18:26.338 Yes. 213 00:18:26.515 --> 00:18:32.983 And so I think what Councilor Pirtle-Guiney is asking for is and I don't— this is maybe a question for the council clerk. 214 00:18:33.176 --> 00:18:43.147 What happens to the ordinance before so people can see, just as we see the original Exhibit A, now we have the as-amended A, the original ordinance showing that strikethrough? 215 00:18:43.548 --> 00:18:46.856 And when it used to be in paper format, that was easier. 216 00:18:46.921 --> 00:18:49.410 I don't know where it goes on this website. 217 00:18:50.212 --> 00:18:50.470 Yeah, I—. 218 00:18:50.549 --> 00:18:51.497 Okay, so question for the clerk. 219 00:18:51.576 --> 00:18:52.138 I'm not sure either. 220 00:18:52.380 --> 00:18:53.151 Answer that question. 221 00:18:56.136 --> 00:18:56.393 Okay. 222 00:18:57.756 --> 00:19:18.086 But so I guess we can, we can assure you that the only changes that have happened to the ordinance, which are now in the HTML format and is embedded into the website as opposed to an attachment like the other exhibits, the only thing that changed for that is the name of the document itself because we're replacing the new document, the old document with the as-amended version. 223 00:19:19.000 --> 00:19:22.542 So we, yeah, the update to add the dash as amended. 224 00:19:22.751 --> 00:19:24.530 Yes, that's the only thing that changed. 225 00:19:27.181 --> 00:19:27.441 Okay. 226 00:19:27.570 --> 00:19:33.191 And number 12, council held a hearing, invited testimony, approved 2 amendments to the draft. 227 00:19:34.400 --> 00:19:37.361 Um, that was the addition, so it just reflects what happened. 228 00:19:41.760 --> 00:19:41.988 Okay. 229 00:19:42.958 --> 00:19:54.575 I might also just add that the proposed— the first link on the agenda, the proposed amendment Dunphy 2, that is the track changes of the language that changed in the ordinance for at least for that item. 230 00:19:56.769 --> 00:19:56.963 Just—. 231 00:19:57.270 --> 00:20:01.522 And the same is for the, for the, um, Avalos-Dunphy-Koyama Lane one. 232 00:20:01.733 --> 00:20:10.402 There's— that's where you would see the, the strikeouts, and we incorporated what was in that, in there, into the recommended draft as amended. 233 00:20:12.153 --> 00:20:17.313 Okay, okay, colleagues, is anyone— is that as clear as mud for everybody else? 234 00:20:18.869 --> 00:20:19.390 Yeah, thick mud. 235 00:20:19.617 --> 00:20:19.894 Thank you. 236 00:20:20.935 --> 00:20:27.981 All right, so we now have a motion To replace the exhibits and the ordinance has been moved and seconded. 237 00:20:29.631 --> 00:20:30.439 Can we call the roll? 238 00:20:32.122 --> 00:20:33.777 Moved by Dunphy, seconded by Ryan. 239 00:20:34.556 --> 00:20:35.090 Koyama Lane? 240 00:20:36.325 --> 00:20:36.373 Aye. 241 00:20:37.298 --> 00:20:37.703 Murillo? 242 00:20:38.271 --> 00:20:38.319 Aye. 243 00:20:40.690 --> 00:20:40.981 Clark? 244 00:20:41.355 --> 00:20:41.484 Aye. 245 00:20:42.817 --> 00:20:43.205 Zimmerman? 246 00:20:43.790 --> 00:20:43.823 Aye. 247 00:20:45.690 --> 00:20:46.535 Smith? 248 00:20:49.767 --> 00:20:49.897 Aye. 249 00:20:51.396 --> 00:20:51.461 Aye. 250 00:20:52.146 --> 00:20:52.243 Aye. 251 00:20:53.857 --> 00:20:54.037 Aye. 252 00:20:54.655 --> 00:20:54.704 Aye. 253 00:20:55.892 --> 00:21:00.295 And it's approved. 254 00:21:00.392 --> 00:21:01.724 The amendment's approved with 9 ayes. 255 00:21:02.480 --> 00:21:04.007 Okay, thank you. 256 00:21:04.183 --> 00:21:05.796 This is very prescriptive. 257 00:21:05.859 --> 00:21:11.132 Land use stuff is very intentional and prescriptive, and I'm— we're learning how to do this. 258 00:21:11.342 --> 00:21:12.215 I'm learning how to do this. 259 00:21:12.361 --> 00:21:15.192 So our last— we still need to change the effective correct. 260 00:21:15.596 --> 00:21:28.239 And this— all right, so now going back to what I was previously— I would like to move to update the effective date of this ordinance to be November 1st, 2027. 261 00:21:28.417 --> 00:21:30.865 We're going to call this Dunphy 4 now. 262 00:21:31.255 --> 00:21:31.968 Is that what we're calling it? 263 00:21:32.750 --> 00:21:32.846 Yes. 264 00:21:33.086 --> 00:21:36.672 Okay, for Dunphy 4 to update the effective date. 265 00:21:37.106 --> 00:21:38.215 And is there a second? 266 00:21:38.424 --> 00:21:38.778 Second. 267 00:21:39.196 --> 00:21:40.321 Thank you, Vice President Clark. 268 00:21:40.515 --> 00:21:40.949 Is there discussion? 269 00:21:42.230 --> 00:21:44.089 Please call the roll. 270 00:21:44.089 --> 00:21:46.910 Can we clarify, update the effective date to November 1st, 2026? 271 00:21:46.910 --> 00:21:48.390 November 1st, 2027. 272 00:21:48.390 --> 00:21:49.430 2026. 273 00:21:49.430 --> 00:21:50.690 '26 Is what I meant. 274 00:21:50.690 --> 00:21:52.819 Jesus, you know what, this is why we are checking. 275 00:21:53.009 --> 00:21:56.630 Thank you, good details, because 2026. 276 00:21:56.630 --> 00:21:57.089 Thank you. 277 00:21:57.089 --> 00:21:57.960 Can we please call the roll? 278 00:21:58.329 --> 00:22:05.759 Okay, motion to set the effective date to November 1st, 2026, moved by Dunphy, seconded by Clark. 279 00:22:06.049 --> 00:22:06.869 Koyama Lane. 280 00:22:07.840 --> 00:22:07.874 Aye. 281 00:22:08.246 --> 00:22:09.105 Morillo. 282 00:22:09.510 --> 00:22:09.558 Aye. 283 00:22:10.887 --> 00:22:11.211 Clark. 284 00:22:11.537 --> 00:22:11.617 Aye. 285 00:22:12.363 --> 00:22:12.720 Zimmerman. 286 00:22:13.076 --> 00:22:13.125 Aye. 287 00:22:13.837 --> 00:22:14.194 Smith. 288 00:22:15.182 --> 00:22:15.362 Aye. 289 00:22:16.251 --> 00:22:16.381 Hall. 290 00:22:16.640 --> 00:22:16.720 Aye. 291 00:22:17.220 --> 00:22:17.752 Pirtle-Guiney. 292 00:22:18.010 --> 00:22:18.140 Aye. 293 00:22:18.913 --> 00:22:19.285 Ryan. 294 00:22:19.542 --> 00:22:19.592 Aye. 295 00:22:20.365 --> 00:22:20.737 Dunphy. 296 00:22:21.156 --> 00:22:21.286 Aye. 297 00:22:21.898 --> 00:22:23.721 Okay, the amendment is approved with 9 ayes. 298 00:22:23.931 --> 00:22:27.117 Okay, is that everything that we need to do then? 299 00:22:27.945 --> 00:22:28.059 Yes. 300 00:22:28.141 --> 00:22:35.186 So now the item passes to a second reading for a date and time certain of Thursday, August perfect. 301 00:22:35.284 --> 00:22:38.833 Yeah, this item will come back on August 6th, no, no earlier than 2:10. 302 00:22:39.010 --> 00:22:40.124 So this item moves on. 303 00:22:40.203 --> 00:22:42.173 Thank you very much, colleagues. 304 00:22:42.221 --> 00:22:44.156 Thank you for your, uh, patience on that. 305 00:22:44.301 --> 00:22:45.634 And can we please call item number 8? 306 00:22:48.450 --> 00:22:59.920 Item 8, pay settlement of Michael Duffer bodily injury lawsuit in the sum of $287,500 resulting from a collision with a city dump truck involving the Portland Water Bureau. 307 00:23:00.396 --> 00:23:02.723 Document number 2026-267. 308 00:23:03.814 --> 00:23:06.253 This, colleagues, is the— this is an emergency ordinance. 309 00:23:09.079 --> 00:23:14.996 Uh, okay, uh, with us are Senior Deputy Attorney Anne Milligan and Claims Analyst Dave Farrell. 310 00:23:15.413 --> 00:23:15.817 Take it away. 311 00:23:17.109 --> 00:23:17.450 Thank you. 312 00:23:18.338 --> 00:23:25.434 On July 1st, 2024, plaintiff and a water bureau driver were waiting at a red light at Southeast Hawthorne and 34th Avenue. 313 00:23:25.925 --> 00:23:30.660 It was a busy day on Hawthorne for all forms of traffic, including vehicles, peds, and bikes. 314 00:23:31.479 --> 00:23:44.782 When the light turned green, even though the lanes on Hawthorne are single lane in both directions, plaintiff elected to share the lane with the other vehicles and began passing vehicles on the right, eventually reaching and riding alongside the Water Bureau dump truck. 315 00:23:45.746 --> 00:23:51.845 When the dump truck turned right onto 34th Avenue, plaintiff impacted the side of city's 2024 Freightliner truck. 316 00:23:52.345 --> 00:23:59.366 He was not run over by the truck, but he did suffer closed avulsions in his ankles, road rash, and a 5-day hospital stay. 317 00:24:00.130 --> 00:24:03.395 City's driver testified that his right turn signal was engaged. 318 00:24:04.204 --> 00:24:07.375 The cyclist testified that he did not see a turn signal. 319 00:24:07.965 --> 00:24:14.131 The parties have reached a tentative settlement in the amount of $287,500 pending council approval. 320 00:24:14.680 --> 00:24:17.515 The settlement is recommended by the Bureau, Risk Management, and the City Attorney's Office. 321 00:24:17.565 --> 00:24:17.665 Second. 322 00:24:17.717 --> 00:24:17.817 Second. 323 00:24:17.867 --> 00:24:17.969 Second. 324 00:24:18.001 --> 00:24:18.203 Second. 325 00:24:20.487 --> 00:24:21.442 Thank you very much. 326 00:24:21.847 --> 00:24:25.365 Any colleagues, any technical or clarifying questions? 327 00:24:28.909 --> 00:24:29.865 I'm just going to check in a second. 328 00:24:29.945 --> 00:24:31.209 Is there anyone signed up for public testimony? 329 00:24:31.548 --> 00:24:32.229 No one has signed up. 330 00:24:32.617 --> 00:24:33.201 Okay, great. 331 00:24:33.298 --> 00:24:36.346 So technical clarifying questions or just regular council discussion? 332 00:24:36.554 --> 00:24:37.133 Councilor Kanal. 333 00:24:37.598 --> 00:24:38.579 Thank you. 334 00:24:39.689 --> 00:24:52.882 So I just wanted to clarify, we have, I appreciate the information being attached with the overall Water Bureau information in terms of history. 335 00:24:54.587 --> 00:25:04.641 We have seen several vehicle-related incidents around the last couple years, not exclusive to the Water Bureau, but primarily across the city. 336 00:25:04.705 --> 00:25:08.066 Primarily, we have Public Works vehicles, we have Public Safety vehicles. 337 00:25:10.637 --> 00:25:19.268 Under what circumstances would the Bureau remove, terminate, or reassign an employee who is involved in a collision while operating a city vehicle? 338 00:25:20.401 --> 00:25:22.909 I think if, um, the Bureau might be here to speak to that. 339 00:25:34.153 --> 00:25:34.653 Welcome up. 340 00:25:35.039 --> 00:25:35.201 Hi. 341 00:25:35.929 --> 00:25:38.999 Charles Smith, Group Director of Maintenance Construction, Portland Water Bureau. 342 00:25:39.741 --> 00:25:46.034 I understand the question is what type of incidences would we have where we would remove somebody from service? 343 00:25:47.811 --> 00:26:09.146 So we have done this in the past, and typically with the progressive discipline process, we have to do several steps in order to get there, but we have done it in the past, and we take, Precautionary measures and do, um, steps to make sure that they are safe and operating the vehicle safely. 344 00:26:09.227 --> 00:26:18.218 And we'll, we will, um, I'm— I lost the word for it, but, um, sorry, nervous first time. 345 00:26:19.138 --> 00:26:20.125 Um, you're doing great. 346 00:26:21.175 --> 00:26:34.606 Uh, but we do investigations when we have incidents, and we, we make sure that the when it's— if it's a training issue, an employee issue, or a circumstance that's beyond the control of the driver, right? 347 00:26:35.231 --> 00:26:37.491 And so these vehicles are large. 348 00:26:38.037 --> 00:26:45.440 We have implemented new technology like side view mirrors or side view cameras to help prevent this type of stuff. 349 00:26:45.551 --> 00:26:54.381 However, we don't train on that necessarily for CDL purposes because the trainers don't necessarily like relying on that technology for— because not all the trucks have it. 350 00:26:54.638 --> 00:26:57.807 So you have to learn to look for your blind spots when you're in the truck. 351 00:26:58.422 --> 00:27:20.338 So we take into account every piece of the accident when we do this type of discipline and we do the investigation, because it's not all— not all of them require discipline or— in fact, I've been at the bureau for 27 years and I can think of 3 people that we've removed from service because of their driving. 352 00:27:20.477 --> 00:27:20.563 Okay. 353 00:27:21.145 --> 00:27:23.394 Appreciate it. 354 00:27:23.474 --> 00:27:31.214 Yeah, so it sounds like it's not a defined, like, if-then list of criteria, but instead a more holistic—. 355 00:27:32.387 --> 00:27:33.318 Sorry, could you repeat that? 356 00:27:33.752 --> 00:27:44.769 In terms of determining when to remove, terminate, or reassign an employee, it sounds like you're saying there's not a clear, if this happens, then we will, but more of a holistic—. 357 00:27:45.154 --> 00:27:49.603 So there is certain circumstances where we do have a clear path. 358 00:27:49.666 --> 00:27:58.866 Like if they, so like in this instance, we took Rafael in for a required drug test right afterwards because somebody was transported by medical. 359 00:28:00.160 --> 00:28:04.266 And so that requires from the DOT drug analysis. 360 00:28:04.880 --> 00:28:10.801 So if they've tested positive for a narcotic or alcohol, then we would definitely remove them from service. 361 00:28:12.067 --> 00:28:15.932 So there are circumstances where it's immediate and automatic. 362 00:28:15.981 --> 00:28:16.113 Okay. 363 00:28:16.561 --> 00:28:26.595 And there are circumstances where, um, it just— we've had, we've, we've had a fatality, and it was somebody who was texting and driving and went head-on with a dump truck. 364 00:28:26.675 --> 00:28:33.625 And, um, you, you don't— you have to take every case on its own merit and judge accordingly. 365 00:28:33.739 --> 00:28:44.673 But we do, um, follow the, the contract for— and the discipline process for making determinations on whether or not they should be behind the wheel. 366 00:28:45.490 --> 00:28:48.038 And the contract you're referring to, the union contract? 367 00:28:48.268 --> 00:28:48.545 Correct. 368 00:28:50.914 --> 00:28:55.215 Um, had this driver had any previous incidents? 369 00:28:55.538 --> 00:28:56.380 So he did. 370 00:28:56.541 --> 00:28:58.433 I didn't think he had, but I did. 371 00:28:58.644 --> 00:29:02.892 We were digging through the information because we received the crew request this morning, and so we were digging through the information. 372 00:29:02.941 --> 00:29:10.060 We did find where he had clipped a car mirror on a narrow alleyway in like January, 6 months prior to the accident. 373 00:29:10.326 --> 00:29:10.492 Okay. 374 00:29:10.838 --> 00:29:12.897 So, but no moving violations? 375 00:29:13.173 --> 00:29:15.329 No moving violations were cited. 376 00:29:16.076 --> 00:29:16.335 Okay. 377 00:29:19.815 --> 00:29:21.790 Yeah, I appreciate that information. 378 00:29:21.839 --> 00:29:35.778 I think understanding how we get to this place just because of the volume across the— and again, not just the Water Bureau, but the bureaus in general, is helpful. 379 00:29:37.698 --> 00:29:48.946 Um, Anne, can you confirm— I saw in the notes that there are 8 vehicle incidents that have resulted in paid claims from the Water Bureau over the last 2 years that are under the—. 380 00:29:48.946 --> 00:29:51.854 I think Dave Farrow from Risk Management would speak to the claims history. 381 00:29:52.288 --> 00:29:52.740 My apologies. 382 00:29:52.806 --> 00:29:56.443 Yeah. 383 00:29:56.670 --> 00:30:00.615 So in, uh, Dave Farrow, Risk Management, in what period of time? 384 00:30:01.489 --> 00:30:11.566 So the last 2 years, but happy to have a different timeframe if that's more easily accessible to you, just to give a kind of context to this. 385 00:30:12.602 --> 00:30:25.155 For fiscal year '24-'25 and '25-'26, there were a total of 26 collision vehicle— of all vehicles in Water Bureau claims. 386 00:30:28.325 --> 00:30:28.397 Okay. 387 00:30:31.938 --> 00:30:32.130 Okay. 388 00:30:32.194 --> 00:30:50.964 All right, well, I think one thing that might be helpful, and I'm not sure whether it's full council, committee of the whole, public works, but I think it may be helpful for us to have conversations about this in the aggregate instead of exclusive to this particular driver and particular incident, which, you know, we'll be likely resolving with this vote in a moment. 389 00:30:51.951 --> 00:30:53.846 I did have one question that is specific to this. 390 00:30:55.511 --> 00:31:11.028 Was there any finding of fact at all, or city acknowledgment of truth, if it was done at any point throughout this process, about the allegation that the cyclist was dragged a full city block during this incident? 391 00:31:13.481 --> 00:31:14.579 That's an allegation. 392 00:31:14.627 --> 00:31:20.308 Is there any reason for— has that been acknowledged or agreed to as a statement of fact, or is it simply an allegation? 393 00:31:20.742 --> 00:31:25.463 There was security footage from the restaurant across the street that substantiates that allegation. 394 00:31:26.935 --> 00:31:27.032 Okay. 395 00:31:28.163 --> 00:31:29.279 All right, thank you very much. 396 00:31:29.359 --> 00:31:31.703 I've heard enough to support the settlement at this level. 397 00:31:32.269 --> 00:31:33.061 Thank you, Councilor Kanal. 398 00:31:34.791 --> 00:31:37.653 Colleagues, seeing no one else in the queue, this is an emergency ordinance. 399 00:31:37.718 --> 00:31:39.108 It requires 9 votes to pass. 400 00:31:40.288 --> 00:31:41.388 Rebecca, can we please call the roll? 401 00:31:42.537 --> 00:31:44.219