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.
Loretta Smith
Keelan, let, um, Council President know that I'm on, that I'm on live.
Unidentified speaker
I'll do it.
Jamie Dunphy
I'll resign from council.
Good morning.
I am calling to order this meeting of the Portland City Council.
It is Wednesday, September 9th.
Keelan, can you please call the roll?
Keelan McClymont
Good morning.
Koyama Lane?
Tiffany Koyama Lane
Here.
Keelan McClymont
Murillo?
Angelita Morillo
Here.
Keelan McClymont
Novick?
Steve Novick
Here.
Keelan McClymont
Clark?
Olivia Clark
Um.
Keelan McClymont
Green?
Mitch Green
Here.
Keelan McClymont
Zimmerman.
Avalos.
Candace Avalos
Present.
Keelan McClymont
Smith.
Loretta Smith
Here.
Keelan McClymont
Kanal.
Sameer Kanal
Here.
Keelan McClymont
Pirtle-Guiney.
Elana Pirtle-Guiney
Here.
Here.
Keelan McClymont
Dunphy.
Jamie Dunphy
Here.
And can we please, uh, read the rules of decorum for the chamber?
Robert Taylor
Good morning.
Welcome to Portland City Council.
To testify before council in person or virtually, you must sign up in advance on the council agenda at www.portland.gov/council/agenda.
Information on engaging with the council can be found on the council Individuals may testify for 3 minutes unless the presiding officer states otherwise.
Your microphone will be muted when your time is over.
The presiding officer preserves order.
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.
If you cause a disruption, a warning will be given.
Further disruption will result in ejection from the meeting.
Anyone who fails to leave once ejected is subject to arrest for trespass.
Olivia Clark
Thank you.
Robert Taylor
Additionally, Council may take a short recess and reconvene virtually.
Your testimony should address the matter being considered.
When testifying, state your name for the record.
Your address is not necessary.
If you are a lobbyist, identify the organization you represent.
And virtual testifiers should unmute themselves when the Council Clerk calls your name.
Angelita Morillo
Thank you.
Jamie Dunphy
Thank you very much.
Colleagues, we have a jam-packed agenda, and unfortunately it looks like we are going to have jam-packed agendas for the remainder of this year.
Last year, or last week, we went 4 hours long and multiple councilors spoke individually Usually for more than 30 minutes.
I will be limiting debate today to 5 minutes per councilor per item.
You're welcome to get back into the queue, but we have to get through a lot of stuff today.
First item on our agenda is always the approval of the agenda.
However, the following items were pulled from the consent agenda this week.
A community member with a fiduciary interest in the property up for foreclosure pulled item 16, which is regarding 2734 And 2738 Northeast Alberta Street to give testimony.
That request came in before the agenda publication, and the item is placed first on the regular agenda.
The administration came to arrangements with the property owners of properties in foreclosure related to documents 252, 257, and 258, and has asked that they be pulled and referred back to the mayor.
And Councilor Smith pulled document 306 related to the council public information officer classification documents 247, 248, 250, 253, 260, and 261, all foreclosures, for further discussion.
That certainly means that we will not get to item 21, advertising on bus benches, or item 22, data center NDAs, today.
If anyone is here for that, I apologize, we will not hear that today.
I'd like to move to postpone both of these items, most likely data centers to next week and bus benches to the following, pending feedback from the sponsors.
Dan Ryan
Second.
Jamie Dunphy
Uh, may I have unanimous consent to reschedule these items?
Eric Zimmerman
Aye.
Jamie Dunphy
Okay, thank you.
Those items are rescheduled.
And for today, the items that have been pulled from consent have been placed at the end of the agenda in order, as is standard practice.
I'd like to place at the beginning of the regular agenda documents 252, 257, and 258, the foreclosures that are going to be sent back to the mayor as a package, followed immediately by document 306, The council PIO position.
We'll leave the rest of the foreclosures at the end of the agenda.
May I have unanimous consent to do so?
Sameer Kanal
Thank you very much.
Jamie Dunphy
The order items are reordered.
Are there any other requests to amend the agenda, to reorder items, or reschedule an item for a future meeting date?
Dan Ryan
Council President, I'm just curious, um, items 18, 19, and 20, they've been, uh, read, uh, previously, some multiple times, and we've had People come to the council multiple times, and I don't want to sit through another meeting where we don't get to items 19 and 20, for example.
Jamie Dunphy
Yeah, I would, as is standard practice, we will not be having staff presentation on the items that were pulled from consent.
I'll be turning to the councilor who specifically pulled them and ask if she has specific questions about them.
And I believe that Councilor Smith may be amenable to calling items 15 through 20 as an—.
Dan Ryan
I don't want to take up more time, but I would be very upset if we don't get through item 20.
20 Today, because it's becoming quite concerning why we're dragging this out so long.
Jamie Dunphy
Yep.
Dan Ryan
Thank you.
Jamie Dunphy
Thank you, sir.
Uh, Councilor Knoll?
Sameer Kanal
It's for the next time.
Unidentified speaker
Understood.
Jamie Dunphy
Thank you, colleagues.
Do I have unanimous consent to approve the agenda?
The agenda is approved.
Thank you very much.
Keelan, could we please call public communications?
Keelan McClymont
First up today, we have Kat Inez.
Kat, can you hear us?
Kat, you're muted.
Loretta Smith
Can you hear me?
Keelan McClymont
Yes, we see you and hear you.
Unidentified speaker
Awesome.
Cat Innes
Good morning, my name is Cat Innes.
I live in Beaverton and regularly travel to Portland to spend money at Portland businesses and produce events here.
I'm here to talk about ODOT's 5-week closure on southbound I-5.
I want to be clear, I support repairing this infrastructure.
I support doing it in a way that makes sure that workers are safe.
I want the road fixed.
What I'm questioning is how ODOT determined that the 5-week continuous closure was the most cost-effective way and whose costs were included in that calculation.
A project doesn't simply become cheaper because the costs move off ODOT's balance sheets.
I've already experienced this on both sides.
As a customer, I regularly drive from Beaverton to a small fitness studio in Portland, and during this closure, I'm choosing not to make that trip.
That's money I would normally spend in Portland businesses that's not reaching the business I'm also a small event producer with an event in October at the Star during this closure.
I don't know how many people won't decide to buy a ticket because they're worried about traffic.
I don't know how the closure might affect my performers, crew, audience, and everyone traveling to the venue.
And that's part of why I'm here.
My question, when ODOT says construction alternative is cheaper than another, is anyone measuring costs like mine?
Elana Pirtle-Guiney
Councilor Smith.
Cat Innes
I'm only one person, but multiply that impact across the region.
Businesses will lose customers and revenue.
Workers will spend more time— additional time in commute and fuel.
Freight and delivery will encounter congestion, driving up the cost of goods.
And Portland streets will absorb traffic displaced from I-5.
Those are real costs, even when they don't appear on ODOT's budget sheet.
I understand this closure begins in 2 days.
I'm not asking for it to stop.
I'm asking you to learn from it.
This won't be the last major transportation disruption Portland faces.
We have additional work needed on I-5 and a much bigger interstate bridge replacement project ahead of us.
I ask the council to document the economic and transportation impacts during these 5 weeks and ask ODOT to publicly show what's included when comparing alternatives.
Did it assign a value to freight delays, road time user loss of business activity, additional fuel consumption?
Elana Pirtle-Guiney
Thank you.
Cat Innes
I found all this information difficult to find.
If those costs were included, please show us the analysis.
If they weren't, we should ask why and make, and make sure they consider it before the major next project, because Oregon has enormous transportation investments in front of us.
Oregonians deserve good stewardship of both our transportation system and our public dollars that support it.
Good stewardship isn't simply finding the least expensive way to build.
Elana Pirtle-Guiney
Councilor Smith.
Cat Innes
Complete a project.
It's understanding the total cost of the choices we make, including borne by the public.
Oregon residents and businesses have their time too— or Oregon residents' time and businesses have value too.
Elana Pirtle-Guiney
Thank you so much today.
Jamie Dunphy
Thank you very much.
Thank you very much.
Keelan McClymont
Next up, we have David Dysart.
David Dysart
Good morning.
Good morning.
My name is Dan Ryan.
I've lived in the downtown area for nearly 20 years and in Portland on both sides of the river for the better part of 37 years.
Portland's grown significantly during that time.
But the city's leadership has failed to address many of the challenges and crises that follow.
We're living with the consequences of small thinking, naive assumptions, and bureaucratic finger-pointing.
We can't solve our big problems if we care more about process than outcomes.
Too often we've made the perfect the enemy of the good.
It's like being surprised 200 people couldn't agree on the perfect sobering sentence, so they just gave up.
But at least every conceivable interest group Too often we're more focused on virtue signaling to our tribes than helping the most vulnerable among us, more concerned about ideology than individuals in need.
Our downtown and adjacent neighborhoods are at the center of these challenges.
Jamie Dunphy
Sorry, pause for a quick sec.
Your microphone is off.
Uh, staff, are we able to get the microphone turned on at the desk there?
Mitch Green
There we go.
Jamie Dunphy
I see the little green light.
Sorry, sorry to interrupt.
Elana Pirtle-Guiney
Please go ahead.
David Dysart
Do I need to begin again?
Jamie Dunphy
Yeah, why don't you go ahead and start over?
David Dysart
Thanks for the trial run.
Jamie Dunphy
That's great.
David Dysart
Good morning.
My name is David Dysart.
I've lived in the downtown area for nearly 20 years and in Portland on both sides of the river for the better part of 37 years.
Portland's grown significantly during that time, but the city's leadership has failed to address many of the challenges and crises that followed.
We're living with the consequences of small thinking, naive assumptions, and bureaucratic finger-pointing.
We can't solve our big problems if we care more about process than outcomes.
Too often we've made the perfect the enemy of the good, like being surprised 200 people couldn't agree on the perfect sobering center, so they just gave up.
But at least every conceivable interest group got a voice in doing nothing.
And too often we're more focused on virtue signaling to our tribes than helping the most vulnerable among us, more concerned about ideology than individuals in need.
Jamie Dunphy
Thank you.
David Dysart
Our downtown and adjacent neighborhoods are at the center of these challenges.
They bear the brunt of them.
Downtown isn't just another neighborhood.
It's our heart, and it's on life support.
Portlanders have lost confidence in this council.
Taking up ideologically driven agendas from special interests sends a message you're not focused on the critical challenges we face.
Perception is reality in politics, and you're squandering the precious bandwidth you have to win hearts and minds.
Jamie Dunphy
Thank you.
David Dysart
We need to care more about who's on our streets than who's in the White House.
We need to care more about who's on our streets than who's in the White House.
Trips to Europe for social housing ideas, banning niche food and renaming already renamed streets.
Our house is on fire and we're picking out curtains.
If you're not focused on economic development, people in crisis on our streets, and public safety, you're not meeting the moment.
Your inaction is doing the talking.
We're hemorrhaging our tax base, driving out the very people and businesses we need to fund basic services.
It used to be a no-brainer to be in Portland.
Now it's a challenged choice.
It's vital we attract more investment and visitors downtown, but we are either unwilling or unable to meaningfully address the human crisis on our streets.
Name one entrance to downtown where visitors don't either immediately or within short distance confront a humanitarian crisis.
We declared a state of emergency on the houseless 20 years ago.
Can we blame folks for thinking we have no idea how to run a city?
Why in 2026 are the same first 4 blocks that folks encounter from the Burnside Bridge into downtown a dystopian nightmare?
Over 40,000 trips go across that bridge every day.
When people see this chaos, they perceive the city is in crisis and unable to deal with its challenges.
Mitch Green
Councilmember Herbold.
David Dysart
Leading many to avoid downtown and for some, Portland altogether.
That's not keeping Portland weird.
It's keeping Portland broke.
Thank you for your time.
Good day.
Jamie Dunphy
Thank you very much.
Keelan McClymont
Next up, we have Addie Smith.
Addie, you're muted.
Can you hear us?
Alata Fajina
Um, I'm sorry, Keelan, can you go to the next person and let me go last, please?
Keelan McClymont
Sure thing.
Uh, we'll go on to Alata Fajina.
Alata Fajina
Alata?
Keelan McClymont
Um, all right, we'll go on to Roger Wohl.
Roger Wohl
We're just laughing about what showed up up there.
Jamie Dunphy
A little levity is well recommended.
So thank you.
Please feel free to introduce yourself for the record.
Roger Wohl
Good morning.
My name is Roger Wohl, and I am here representing the Oregon Rail Heritage Foundation and the Oregon Rail Heritage Center.
We're located at Tilikum Crossing Bridge at Southeast Water Avenue, and we're part of District 3.
Here today with me are Renee Devereaux, our executive director, Rick Franklin, the board chair president, and Jim Thomas, a board member, and a former deputy city attorney, David Gerling.
I want to begin with something that you all may not know.
The City of Portland owns 3 historic steam locomotives, gigantic steam locomotives.
They're housed at the Oregon Rail Heritage Center on land also owned by the City of Portland.
So we have a very close relationship.
Those locomotives are entrusted to our care through agreements with the city.
Jamie Dunphy
Thank you.
Roger Wohl
For both the preservation and their operation.
These aren't just simply museum artifacts.
They are part of Portland's living history.
They include the Southern Pacific 4449, one of the world's best-known steam locomotives.
It was the American Freedom Train in 1976 bicentennial, pulling historical artifacts over 30,000 miles over 27 months around this nation.
Jamie Dunphy
Thank you.
Roger Wohl
These locomotives bring visitors to Portland from across the country and around the world.
They provide schoolchildren, families, and the public an opportunity to learn how railroads and diverse workers helped to build Portland and our nation, and the important role railroads continue to play today.
More than 40,000 people visit the Rail Heritage Center each year, and our excursion trains carry approximately 30,000 passengers.
You may have heard the Holiday Express whistle during the holiday season.
Today we have an opportunity to protect the railroad that makes much of that possible.
ORF has entered into an agreement to purchase and permanently preserve the Oregon Pacific Railroad, which runs adjacent to us.
This is not an abandoned railroad we hope someday to restore.
It is a working railroad in Portland today.
It serves industrial businesses, connects with both the Union Pacific and BNSF, and preserves a rare and unique urban freight corridor.
Once a railroad corridor like this disappears, it is almost impossible to recreate.
It is also a railroad of our historic trains operate on.
Purchases will be permanently protect our operations strengthen our educational and tourism programs, and preserve an important infrastructure.
ORF has applied for funding through the Oregon State Connect Oregon program, and we're asking that you support us today, not with funding, but with a letter to the Oregon Department of Transportation to support this purchase and the preservation of this corridor in Portland, Oregon.
Thank you.
Jamie Dunphy
Thank you very much.
Keelan McClymont
Addie, can you hear us?
Addie Smith
Yes, I'm ready.
Give me one second.
I apologize, I dropped my laptop, so it's going haywire.
Hello, my name is Addie Smith.
Today's Wednesday, September 9th, 2026.
I'm speaking before the Portland City Council.
I want to once again call out Sophie Peel at the Willamette Weekly for her racist and biased reporting on Ivory Matthews, the former CEO at Home Forward.
Home Forward still employs Ian Davies, the chief operating officer, who's likely responsible for the $30 million shortfall.
As Chief Operating Officer, he was responsible for the mid- and long-term operations of HomeForward's real estate portfolio, making strategic recommendations on sales, capital issues, and most importantly, cash flow.
The COO should analyze property performance to balance financial returns with improving housing stability and the tenant experience, integrate safety standards across properties, and build frameworks for leadership responses to urgent emergency situations.
Jamie Dunphy
Thank you.
Addie Smith
The Chief Operating Officer is responsible for overseeing the daily execution of strategic and operational objectives.
They lead the organization's housing service and asset management programs, ensuring that operations are aligned with the organization's mission and racial equity goals.
Ian Davey has not done this and should be terminated.
Sophie Peel, a white woman, hasn't mentioned Ian Davey's Once.
She also hasn't mentioned the former Chief Financial Officer Candy Sage, another white woman, in any of her reporting.
It is racist and it is biased.
Ian Davies has been with Home Forward for 7 years and Candy Sage was with Home Forward for over 20 years.
Not to mention her silence on uneducated and unqualified Michael Bonacore, who's been with Home Forward for over 20 years, but mentions the over $30 million shortfall.
We're talking about training A Black woman attended who worked for Home Forward for 4 years.
Next, I want to call out the Democratic Party of Oregon officers Nathan Soltz, Kim Schmidt, Eileen Keeley, Diane Grover, Kian Trong, Steph Newton, and especially Candy Emmons and Ron Morgan.
The Democratic Party of Oregon officers are racist.
Candy Emmons told a Black woman that she wasn't a fit to volunteer at the state fair.
This after the Black woman had signed up.
Thank you.
Scheduled the time slot, gone to the booth training, and set aside time to go.
This Black woman is an elected PCP, mails dozens of postcards, volunteers their time with multiple Democratic Party committees, and more.
She's also been asked to canvass for the current governor.
However, Candy Emmons says she's not a fit to volunteer at a booth, yet people register to vote at the state fair.
It's time to remove Nathan Schultz and all of the officers in the Democratic Party of Oregon.
They've ignored numerous racist experiences.
Why are Black people consistently told to focus on making sure a Republican doesn't take office over anti-Blackness and racism within the party?
These are white Democrats being racist to Black Democrats within the party.
It is time for new leadership.
I also want to call out the city council, Gresham City Council, Multnomah County Commissioners, and the mayor for keeping the same board members in place at Home Forward.
Sameer Kanal
Thank you.
Addie Smith
Thank you.
Jamie Dunphy
Thank you very much.
Keelan McClymont
Our alternate today is Susan Murnahan.
Susan?
That completes public communications.
Jamie Dunphy
Thank you very much.
Colleagues, our next item is the consent agenda approval.
Uh, Keelan, can you please call the— can you please read the consent agenda?
Keelan McClymont
Yeah, um, the consent agenda, um, I'll call the roll for the remainder of the items on the consent agenda that weren't pulled.
Okay, Koyama Lane?
Tiffany Koyama Lane
Aye.
Keelan McClymont
Murillo?
Angelita Morillo
Aye.
Keelan McClymont
Novick?
Steve Novick
Aye.
Keelan McClymont
Clark?
Olivia Clark
Aye.
Keelan McClymont
Green?
Mitch Green
Aye.
Keelan McClymont
Zimmerman?
Eric Zimmerman
Aye.
Keelan McClymont
Avalos?
Candace Avalos
Aye.
Keelan McClymont
Smith?
Loretta Smith
Aye.
Keelan McClymont
Kanal?
Sameer Kanal
Aye.
Keelan McClymont
Pirtle-Guiney?
Elana Pirtle-Guiney
Aye.
Keelan McClymont
Ryan?
Dan Ryan
Aye.
Keelan McClymont
Dunphy?
Jamie Dunphy
Aye.
Keelan McClymont
The consent agenda is approved with 12 aye votes.
Dan Ryan
Thank you.
Jamie Dunphy
Keelan, can we please call items 6, 7, and 8 together as a packet?
Keelan McClymont
Okay, sorry, just a second.
Let me make sure.
Okay, item— our document 2026-252, initiate foreclosure action on 7250 Northeast Lombard Street for the collection of delinquent city liens placed against the property.
Document 2— oh, sorry, document 2026-257, initiate foreclosure action on 4324 Southeast 65th Avenue for the collection of delinquent city liens placed against the property.
And document 2026-258, initiate foreclosure action on 6627 Southeast Woodstock Boulevard for the collection of delinquent city liens placed against the property.
Jamie Dunphy
Thank you very much, Keelan.
Colleagues, uh, Revenue has asked that these items be referred back to the mayor's office, which they have the right to do.
But I see Councilor Kanal has—.
Sameer Kanal
Yeah, I would object to referring back item 6.
Um, okay, so we have— and, and if I can take 30 seconds to speak to it, it's simply that this isn't our district.
I've gotten absolutely no information on what's gone on, and I don't think it's appropriate for the administration to use the council agenda as leverage without actually talking to us about what's going on here.
So the numbers are changing on the agenda, just so everybody knows.
This is the Lombard one.
Jamie Dunphy
Gotcha.
Thank you.
Sameer Kanal
I'm referring to 2026-252.
Jamie Dunphy
Well, uh, the administration does have the right to pull items back, and so, uh, I will be asking for the council to have further— for further information on this as the administration pulls it back.
But, uh, Then thank you for coming up, but I don't actually need you.
Uh, the administration has the right to pull these back, and so these 3 items will be placed on file.
And Keelan, can we please call item number 9?
Okay.
Keelan McClymont
Uh, document 2026-306, create new non-represented classification of council public information officer and Thank you.
Jamie Dunphy
Since this item was on consent, there is not a staff summary report for it.
Councilor Smith, you pulled this item.
Loretta Smith
You're welcome to— Can you read the item, please, Keelan?
Keelan McClymont
Yes, I can repeat the title.
Create a new non-represented classification of council public Information Officer and establish a compensation range for this classification.
Document number 2026-306.
Loretta Smith
Yes, Council President.
I pulled this item because I wasn't quite clear what it was and what the objective was, was going to be for this.
Um, it is in Council Operations.
I thought this particular position was under the city administrator, and I had further conversation with— is Is Dana here?
Jamie Dunphy
Dana is in the back of the room.
Yes, come on up, Dana.
Loretta Smith
And I just wanted to make sure that, um, Dana— we had a conversation yesterday, and I just wanted to make sure that this was a position that was to serve all of council, that this was not a, um, uh, A CA Lee position.
This was not a mayor's position.
This is the position that will serve all 12 of us, and that's what I wanted to make sure.
And we had that conversation in private, but I wanted to say it out here.
That was the reason why I pulled it.
Elana Pirtle-Guiney
Sure.
Keelan McClymont
Councilor—.
Dana Richardson
Uh, Council President and Councilor Smith, that's correct.
This position has been—.
Jamie Dunphy
Introduce yourself for the record.
Dana Richardson
Oh darn it, thanks.
Angelita Morillo
Uh, good morning.
Dana Richardson
Dana Richardson, Council Operations Manager.
Um, this position has currently been serving the council doing a lot of these duties as our senior council aide.
Keelan McClymont
There—.
Elana Pirtle-Guiney
That's the reason for this new classification, is to better reflect the scope, um, of the work of this individual.
Dana Richardson
And yes, they work on behalf of the entire council.
Loretta Smith
And the one point that you made that was very, um, that, that was, that was clear, that the reason why I pulled it in addition to that other issue was that it had something to do with personnel and labor.
And I thought, wow, why is this person doing labor.
So can you explain the other reason why, um, this job description was, was, uh, described in this way?
Dana Richardson
Yes, Councilor Smith.
Um, as the classification is presented, this position is non-represented, and it will allow the person in this position to speak on behalf of the council when the council has a united position on a labor or personnel issue.
Loretta Smith
Relating to our employees in labor.
Dana Richardson
Exactly.
Loretta Smith
Okay, thank you.
I appreciate it, and thank you for coming up.
Jamie Dunphy
Thank you very much, Councilor.
Colleagues, is there any further discussion on this item?
Seeing no one in the queue, this item now moves to second reading.
Thank you.
Can we please call, um, sorry, item— new item number 10, the, uh, Northeast Alberta Street foreclosure.
Keelan McClymont
Document 2026-, uh, I'm sorry, you know what, let me make sure I'm calling the right one.
Um, the document—.
Jamie Dunphy
All right, document, uh, 2026-256.
Keelan McClymont
There we go.
Thank you so much.
Initiate, uh, document 2026-256 Initiate foreclosure action on 2734 through 2738 Northeast Alberta Street for the collection of delinquent city liens placed against the property.
Jamie Dunphy
Thank you, uh, colleagues.
As before, this was an item that was pulled from consent.
There's not a staff summary report available.
I understand there is a person available here to speak to this item, but I will turn to Councilor Avalos and see if she possibly has any opening remarks on it.
You are welcome to say no.
Candace Avalos
Well, I do.
Yeah.
Okay.
I'll share my chair remarks.
So these ordinances come to the council from Housing and Permitting.
They authorize the city treasurer to initiate foreclosure proceedings on delinquent city liens.
And these were identified through the city's vacant and distressed properties process and were determined to meet the criteria for foreclosure under city administrative rule.
The committee first heard these items on July 21st, and they're definitely Definitely, as you can see, was a lot of mixing around of things.
But, um, at that meeting— oh boy, whatever I was reading just disappeared in front of my eyes.
Uh, okay, hold on.
Loretta Smith
Um, shoot, one second.
Candace Avalos
Uh, okay, so, um, rather than immediately advancing the full package, we continued the items to August 4th, um, to give the committee members additional time to understand.
Um, and then that additional time did result in some changes, and so that's why we've got some properties that, um, were ultimately withdrawn after some resolutions were reached, uh, including owners satisfying outstanding balances or entering into payment plans.
We also, um, held the Herald Street property in committee to give the property's owner— uh, property owner's family additional time to determine whether they can resolve the situation.
Um, and yeah, I think that's all for now.
Thank you.
Jamie Dunphy
Thank you very much.
Keelan, I understand there is someone signed up for public testimony on this.
Keelan McClymont
Uh, yeah, we have one person signed up.
Miso Honey.
Jamie Dunphy
Sorry, somebody is trolling us, Council President.
Oh, is that what— I didn't, I didn't hear it.
Inappropriate.
Fair enough.
I did not catch that.
Thank you, Councilor.
Okay, seeing no one else to discuss this, this item— colleagues, is there any further council discussion on this?
Seeing none, this item moves to second reading.
Thank you.
Can we please call, uh, new item number 11, which is document 2026-272?
Keelan McClymont
Oh, sorry.
Uh, item, uh, yeah, document 2026-272, appropriate grant award of $35 million for Section 108 Loan Guarantee Program.
Jamie Dunphy
Colleagues, This is the second reading of a non-emergency ordinance.
We've already had testimony and, uh, staff summary report.
Is there any further council discussion on this item?
Seeing none, Keelan, can we please call the roll?
Keelan McClymont
Koyama Lane.
Tiffany Koyama Lane
Aye.
Keelan McClymont
Murillo.
Angelita Morillo
Aye.
Keelan McClymont
Novick.
Steve Novick
Aye.
Keelan McClymont
Clark.
Olivia Clark
Aye.
Eric Zimmerman
Aye.
Keelan McClymont
Zimmerman.
Eric Zimmerman
Aye.
Angelita Morillo
Aye.
Keelan McClymont
Smith.
Loretta Smith
Aye.
Keelan McClymont
Kanal.
Sameer Kanal
Aye.
Keelan McClymont
Pirtle-Guiney.
Elana Pirtle-Guiney
Aye.
Keelan McClymont
Ryan.
Dan Ryan
Aye.
Keelan McClymont
Dunphy.
Jamie Dunphy
Aye.
Keelan McClymont
The ordinance passes with a vote of 12 ayes.
Jamie Dunphy
Thank you.
Keelan, could we please call item— new number item number 12, document 2026-243?
Unidentified speaker
Aye.
Keelan McClymont
Authorize exception to Code Chapter 17.93, renaming city streets, and authorize the renaming of Cesar E. Chavez Boulevard to Campesinos Boulevard.
Allow exceptions to Code Sections 17.93.010, 17.93.020, 17.93.030, 17.93.040, and 17.93.041.
Jamie Dunphy
Thank you very much.
Colleagues, we heard public testimony on this, but this was continued as a first— I believe it was continued as a continued first reading.
But I also understand that Councilor Koyama Lane has an amendment.
So Councilor Koyama Lane, am I wrong?
Candace Avalos
Point of order.
Jamie Dunphy
Oh, okay, I'm wrong.
Loretta Smith
Second reading.
Jamie Dunphy
This is the second reading.
Okay, but I still understand Councilor Koyama Lane has an amendment.
Tiffany Koyama Lane
Yeah, first I would like to welcome our Mexican Consul General Carlos Quesnel.
Who's here with us today.
It's an honor to have him here.
The conversation last week was really moving and meaningful.
I want to thank all my colleagues for engaging in very thoughtful ways, honoring the Campesinos community and movement while also acknowledging and addressing the concerns of the residents who want to revert it back to 39th.
And it's really important that we recognize the work of activists and community Naming a street is one of the most visible, permanent ways a city can honor historical legacies, communities.
Additionally, it's important that we listen to survivors like Dolores Huerta and honor Latinx labor leaders and farmworkers by renaming this boulevard to Campesinos.
Thank you to all of the community members who came to testify and support our city's continued commitment to our values.
And as Councilor Smith said at our last meeting, we are making history.
Elana Pirtle-Guiney
Thank you.
Angelita Morillo
It's true.
Tiffany Koyama Lane
History is now, and I hope the history books tell a story of a community that took a stand to honor labor leaders, survivors, and marginalized community members, and ultimately change the code to make a better process for everyone.
That's what we're gonna work on next.
Additionally, I'd like to introduce an amendment.
Our ordinance as it stands has not accounted for the double signage requirement that's in the current code, which requires featuring both Cesar Chavez Boulevard and Calpacinos for 5 years.
This would be unacceptable because of the circumstances around Chavez.
And so this amendment waives the 5-year requirement and seeks to remove Chavez's name from our streets as soon as possible.
This amendment was crafted with the support of folks in PBOT, with DCA, and also a city attorney helped with this, and also Councilor Smith.
And as Councilor Knoll said last week, supporting survivors is part of our commitment to equity.
Moving quickly on this rather than debating it indefinitely is itself a form of that support.
Thank you for those words.
So I would like to formally move Koyama Lane 1.
Jamie Dunphy
Councilor Koyama Lane moves Koyama Lane 1.
Is there a second?
Olivia Clark
Second.
Loretta Smith
Second.
Jamie Dunphy
Councilor Clark, just a little bit there.
Councilor Clark seconds.
Colleagues, discussion of the amendment?
Candace Avalos
Point of information, where is the amendment?
Jamie Dunphy
It should be in your inbox.
Candace Avalos
In our inbox.
Jonas Biery
Okay.
Jamie Dunphy
Uh, thank you.
To discussion of the amendment, Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
Yeah, Council President, I'm sorry to have to ask questions about this, um, but I would like to ask a question of the PBOT director.
Olivia Clark
What?
Elana Pirtle-Guiney
Interim DCA.
Loretta Smith
You're right.
Millicent Williams
Also acting PBOT director.
Elana Pirtle-Guiney
Interim DCA and acting PBOT director Williams.
Thank you.
When we had a discussion about the underlying item, I asked you about how the transition would work and the notification of the various entities that make changes in systems so people can still have their daily lives continue.
That was a concern that I heard raised by multiple people who live along the street.
Is the retention of 2 street signs for 5 years Something that we do to help individuals going down the street with wayfinding, or is it something that we do because there is a technical implication for all of those various mapping entities and apps and things like that, which we would be changing by limiting this to a 1-year period of time?
Essentially what I'm trying to understand is, is this, um, Is this about people recognizing what street it is, and is this about the name and keeping a name up there that folks rightfully want removed, or is there a more technical implication that would have an impact on the people who live on the street and their ability to live their daily lives?
Millicent Williams
Good morning, Councilor.
Thank you very much for the question.
For the record, Millicent Williams, Deputy City Administrator, Interim Deputy City Administrator for Public Works.
And Acting PBOT Director.
To address your question, it's a little bit of both.
There is the technical need for us to maintain the signs and the naming convention as it currently exists today, and that's for any street.
But there's also the need to acknowledge that it does take the time to transition those names through all of the entities that we discussed last week, to include the U.S.
Postal Service, of Of course, the State Department of Transportation and others, the mapping services, all of those folks need to be made aware of those changes.
The reduction in the amount of time does not change the urgency and the need to address that name changing.
And for the record, it does not keep historical systems from acknowledging even 39th Street.
So there are systems today that if you access them looking for Cesar Chavez, Yes.
So there's a longstanding history of names showing up on the record for a very long period of time, allowing people the opportunity to change their deeds, to change the stationery, to change whatever they need to change without there being a significant impediment to them being able to receive whatever it is that they need to receive, for banks to be able to make the changes that need to be made.
And for there not to be any punitive or accidental skipping of people receiving whatever it is that they need.
Unidentified speaker
So does—.
Elana Pirtle-Guiney
I'm sorry, does limiting this from 5 years to 1 year create a technical difference in implementation and in the experience for people who live on the street, or is it simply about what sign happens to be on the street corner and there is no So there's no technical difference?
Millicent Williams
There's no technical difference.
Elana Pirtle-Guiney
Okay, thank you.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Councilor Novick.
Steve Novick
Thank you, Mr. President.
I also have a question for the acting deputy.
So I just wanted to— I think that this relates— for how long will the post office deliver mail to Cesar Chavez?
In fact, does the post office even still deliver mail to 39th?
Millicent Williams
Yes, forever.
They will continue to deliver to 39th, to Cesar Chavez, and then to the newly named street.
Steve Novick
And this is for the sponsor as well.
I mean, have we done any outreach to businesses or residents along Cesar Chavez to like ask them if there'd be any particular value to them to having more than More than a year to make this adjustment?
I actually met with some folks in Creston-Kenilworth yesterday, and I were upset about the process, and I was saying, well, you know that the same signs are up for 5 years, and some of them found it reassuring.
I was just wondering if we've done any outreach to folks to ask about whether, you know, a year is long enough.
Tiffany Koyama Lane
Thank you for the question.
I've had conversations with some business owners, and And when we were on the dais last week, invited any folks that would like assistance or would like support with the changes to reach out to my office and also suggested that Prosper Portland be tapped for figuring out how we can use some of those small business grants to support.
But this amendment is more of something that we did with PBOT in the last few hours.
Thank you for your support on this, realizing that rather than giving PBOT 5 years to do this.
It actually mandates in the code that you have to have both names up.
So wanted to provide flexibility.
And when talking with Director, Interim DCA, and Shoshana Cohen, they said— I got a suggestion from Shoshana to use the same language that was used when we just changed Jackson.
So this is what they suggested that we did.
Steve Novick
That was a year as well?
Millicent Williams
I believe it's 2 years for, for Jack— is it, is it a year?
I'm sorry, I, I don't have the details on Jackson even though we just finished doing that work the other day.
Tiffany Koyama Lane
I can get— I can double-check with Shoshana.
Millicent Williams
Yeah, I can, I can certainly find that out for you, Councilor.
Steve Novick
Thank you.
Jamie Dunphy
Thank you, Councilor Novick.
Councilor Smith.
Loretta Smith
Thank you.
Um, thank you, Interim DCA, uh, Williams.
Uh, I just found out about this 3 hours ago, and I was not aware that there was already an amendment in the work that was being worked on, I was told about this, like, we can bring this up because it might be an issue and we may be able to do this as an amendment.
But this is clearly something that had been thought about.
I was not sure about the 1 year.
I just— it just stuck in my head about the 1 year and giving people time to There's a lot going on.
Giving people time to change their letterhead and all those things, I don't think that 1 year is enough.
That's what I'm saying.
I don't think it's enough.
I don't know that we can get it out in a year.
Do you think we can get this out in a year?
Millicent Williams
We would not be able— it's likely that we would not be able to do all the name changes and post all of the signs within a year, given the overall process.
Loretta Smith
So that's what I'm concerned about.
Millicent Williams
Um, do we need 5?
Probably not.
Uh, but 1 is, is, um, not impossible, but it would be not without its challenges.
Loretta Smith
So I would like to add another year onto this, add another, add another amendment to this to give more time, because I'm just I'm just not clear.
So I'd like to make a motion and add an amendment to the amendment to give another year.
Angelita Morillo
Does she have the floor?
Keelan McClymont
Sorry, we're in the middle of the one amendment motion right now, so we'll need to—.
Jamie Dunphy
So we're unable to— yeah, we are debating a motion.
We cannot make a positional motion during that.
But if the—.
Olivia Clark
You can—.
Jamie Dunphy
We can introduce—.
Loretta Smith
Thank you, Council President.
Thank you, Council President.
I did have the floor.
I had my hand up.
Jamie Dunphy
Yep.
Thank you very much.
Uh, let's see, Councilor Pirtle-Guiney, you already spoke, so I'll come back to you.
Tiffany Koyama Lane
Council President, is it, um, can I be recognized to pull my amendment and then restate it with 2 years?
Jamie Dunphy
Uh, let me get through the queue here real quick.
You are quickly coming up here in a second.
Councilor Knoll.
Sameer Kanal
All right, so, um, just in terms of the, the The renaming of Jackson Street to Rose Hill Street.
Keelan McClymont
Mm-hmm.
Sameer Kanal
That's— we're talking about Ordinance 192142 that was adopted in February of this year.
That does 6 months.
So I'm gonna read from that.
The requirements in the code subsection 1793.060 are hereby waived for the proposed renaming of a portion of Southwest Jackson Street to Southwest Rose Hill Street.
Instead, the existing street name sign and proposed new street name sign shall both be posted and maintained for 6 months following approval for the proposed renaming of a portion of Southwest Jackson Street to Southwest Rose Hill Street.
Why would it be different in this particular— is it, is it simply the length of the street, or is there another reason why, uh, a year would be insufficient?
Millicent Williams
Thank you for that, Councilor.
After I said 2 years, I remembered that it was a 6-month period.
Part of that is driven by the length of the street.
There are a limited number of blocks.
It's That's 3 blocks that we would need to change the signage on for us to remove Jackson and change it to Rose Hill.
So that is something that we could do quite quickly with limited amount of labor and planning.
And there are a significantly smaller number of addresses that we would need to engage with in order to do that, to make that change.
The Cesar Chavez Street naming, renaming requires— it's a 5.5-mile stretch.
Robert Taylor
Good.
Millicent Williams
So we would need to address that, get the signage produced.
There would be some outreach on the staff's behalf, and we would also need to work with the Oregon Department of Transportation.
There are street signs, or there are wayfinding signs that cross the interstate.
And so there would be the need to do that coordination because it would require a closure in either direction where those signs are for us to replace the signs.
So it would take a little bit more effort, or significantly more effort, in order to do that.
Again, something that could be done within a year, uh, uh, because of the length of the, um, street and the details associated, it, um, would be a, a hard, a hard push.
And, um, I'd also like to acknowledge that while we do have staff that dedicate a portion of their time to this This would require the bureau to identify additional folks to help to ensure that we got this over the finish line or create the opportunity for the person who spends most of their time working on, for example, the Rose Hill Street renaming, dedicate almost all of their time to that effort.
Sameer Kanal
Thanks.
So I was— that makes sense.
I was curious if there were any other reasons I think, and maybe this didn't happen between the two, but my recollection is that between April when this came up and now, the one person who makes the signs left PBOT.
Millicent Williams
That's less of a concern now.
The sign maker did retire in April, so we no longer have a sign shop within the bureau.
We do have on tap contractors who are able to create the signs that we need.
Unidentified speaker
Thank you.
Jamie Dunphy
Councilor Clameling.
Tiffany Koyama Lane
17.93.06 Implementation A says both names will be in place for a period of 5 years unless a petition is submitted to the city administrator from a majority of abutting property occupants requesting that the dual signage period be extended to 10 years.
Be shortened.
Roger Wohl
Okay.
Tiffany Koyama Lane
Both street names will be maintained for the 5-year period at the same level of maintenance approved for street name sign maintenance citywide, at which time the old name will be removed.
The way this code is written says there's no way in 5 years that Chavez's name will come down.
I would like for there to be some flexibility.
I asked for PBOT for help on what to pick I was told 1 year.
Now I'm hearing something different.
I was actually okay with just changing the wording to up to 5 years so PBOT can have some flexibility.
So I'm seeing some nodding.
So maybe that's what I need to draft rather than asking others for support.
So I will be bringing that.
What I would like is if things are going well, for PBOT to have the choice to take that name down.
Angelita Morillo
Okay.
Tiffany Koyama Lane
Not be forced to keep both up.
Because one of my constituents sent me a note that says every time they see Cesar Chavez Street when they go to Safeway or Trader Joe's, they're reminded about men abusing women and getting away with it.
So I will be bringing a new amendment.
I'll withdraw my current one.
Jamie Dunphy
Okay.
Councilor, uh, Clark, do you agree with withdrawing that since you seconded?
Olivia Clark
Yes.
Jamie Dunphy
Okay.
Councilor Councilor Koyama Lane's amendment has been withdrawn.
Colleagues, now to the underlying, which changes my order of people talking.
Councilor Novick.
Steve Novick
Yes, thank you, Mr. President.
There's an amendment that I thought of bringing last week and decided it wasn't worth it because it's just a whereas clause.
And since then, I've concluded that it is worth doing, and I still wasn't going to do it if there weren't any other amendments because I don't want to post— I'm not trying to mess with the second reading, but there's language in paragraph 2 of the resolution that says there's widespread consensus in the community to make this name change.
And I don't think that's actually true.
The majority of people, individual people who have commented on this proposal, are opposed to it.
There's a lot of people who would like it to be 39th.
So by saying there's widespread consensus in the community, I think it kind of It tells a lot of people that they don't exist.
And although I agree with this name change, I'm concerned, particularly when there really was very little outreach to the broader community about this issue.
I'm concerned about having that language.
So again, because there's another amendment on the floor, we've sent out the proposed amendment, which would simply say under item 2, instead of widespread consensus across the community is coalesced around a shared desire, just say council desires to swiftly rename Portland Cesar Chavez Boulevard in a manner that benefits and honors La Causa Latino, Latinx labor leaders, and farmworker organizations.
So I offer that amendment.
Jamie Dunphy
Councilor Novick moves Novick 1.
Is there a second?
Sameer Kanal
Second.
Jamie Dunphy
Councilor Kanal seconds.
Colleagues to the amendment?
Councilor Smith to the amendment?
Loretta Smith
Thank you.
I don't support this amendment.
I think it is general enough and that there is widespread support for this.
I did not say there, there was overwhelming support.
Um, words matter, and there is wide support.
Um, all you have to do is go to my Facebook and Instagram pages and you will see the wide support.
Now, if you're saying the people who live in District 3, I mean, that, that's That's, that's a little bit, um, that's different.
But I think changing the, um, the spirit of what this is, because there is widespread support for this name change, and trying to wordsmith this at this point, I think, is, um, is not Critical for us to pass this ordinance today.
I think it's nitpicking.
Olivia Clark
Thank you, Councilor Smith.
There's— is there someone else in the queue who wants to speak to this amendment?
Mitch Green
Yeah.
Olivia Clark
Councilor Green.
Mitch Green
Thank you.
Um, Councilor Novick is a person who cares a lot about precision in our findings and also our impact statements.
I think it's a more— I think it's truer to say that council just It's a declarative statement of council's will.
Council desires to do this thing, and we're not adding extra assertions about the consensus position.
So for that reason, I'm going to support your amendment.
Jamie Dunphy
Thank you.
Olivia Clark
Anybody else in the queue that wants to speak to this amendment?
It has been— I'm sorry.
Councilor Smith?
Loretta Smith
My hand is up.
Olivia Clark
I'm sorry, I can't—.
Loretta Smith
Okay.
Olivia Clark
Go ahead.
Loretta Smith
Thank you.
Thank you, Madam Vice President.
Um, the— is Marta here?
Marta and some of the, um, advocates, could you please come up to the, to the desk?
And so I hate to go over this again.
There were over 350 organizations and individuals who signed a letter to show that there was widespread support.
And if you want to also say, in addition to widespread support, that there is council support as well, okay.
But leaving it where it is— so can you tell me, Mark, could you introduce—.
Jamie Dunphy
I'm sorry, Councilor, we, we do not have, uh, public testimony or invited testimony on second readings.
So I appreciate these folks are definitely Of order.
Jonas Biery
Absolutely.
Loretta Smith
Can I ask you a question?
Candace Avalos
Yeah.
Loretta Smith
Can you give me a point of personal privilege?
Because we're debating whether or not we change a word and we're wordsmithing on the second reading.
If that was a problem, I feel like it should have been brought up before.
Jamie Dunphy
Heard, but I am not going to be entertaining additional public testimony at this time.
Roger Wohl
Sorry.
Unidentified speaker
Thank you.
Loretta Smith
Thank you.
Jamie Dunphy
Okay, it's not allowing us to talk.
Thank you very much.
Councilor Novick.
Steve Novick
I just wanted to say thank you, Mr. President.
Um, Councilor Smith, I agree that words matter, and the word that was most of concern to me here is widespread consensus, which implies that everybody agrees.
You've said widespread support.
I would actually be okay if we changed it to There is widespread support in the community for swiftly renaming, etc.
Jamie Dunphy
Thank you.
Loretta Smith
May I answer?
Um, sure, Councilor Novick, that sounds a lot better.
Steve Novick
Uh, in that case, hang on, let me, um, see, um, what that would mean.
Um, I'm just doing on the fly.
There is widespread support.
I would change it to there's widespread support in the community to swiftly rename.
Jamie Dunphy
And again, amendments, even though I appreciate the conversation, we do need to reduce this to writing.
Steve Novick
I'll do that.
Jamie Dunphy
Okay, thank you, Councilor.
Councilor Morillo.
Angelita Morillo
I just want to get some clarification from Councilor Novick.
So when you say in the community, are you talking about within the Latino community?
Since you're saying that folks in District 3 in the Laurelhurst neighborhood are not for it, what is the intention of the change now?
Steve Novick
May I respond?
Jamie Dunphy
Yes, sir.
Steve Novick
Um, I think that since we're the Portland City Council, we say in the community, we mean the entire community of the city of Portland.
And I would also note, if it matters, that we had a letter this week objecting to the process for this, although they're not the name change from the Creston-Kenilworth neighborhood, not from the Laurelhurst neighborhood.
I think that, I think that the community is the entire community of Portland, not just people that some councilors happen to have talked to.
Angelita Morillo
Yeah, that's fair.
Um, I, I understand that.
I think, um, yeah, this is a tough one.
Um, I understand why there are times where this council has circumvented process, because I do think we have a tendency to do process for the process at times.
And this is very painful specifically for the Latino community, so we're having a bit of a different reaction to it right now.
Um, and, uh, honestly, I think some of the comments about changing it back to 39th are also an erasure of what was done With the original name change.
And so I just want to name that here as a South American immigrant on this council, as our communities are being targeted and we are being forced to hide and not be seen, not go to work for potentially being targeted by immigration enforcement, that I think we are being told to Hide, not be a part of the public, not be seen in many ways.
And so we are not a huge majority in District 3.
District 3, like the rest of the city, is vast majority white, non-immigrant.
But there are Latinos in District 3 too, and this is uniquely painful for us.
So I guess I just want to name that as we're proceeding with this discussion about when we say who the majority is.
Elana Pirtle-Guiney
Thank you.
Angelita Morillo
This city is also majority white, and they don't have the ties to that community that's actively being harmed.
And, um, and yeah, sorry, I'm a little sick today, so I'm not being as eloquent as I want to be, but I hope that I'm just like naming the, the tension as we're having that discussion moving forward.
Jamie Dunphy
Thank you, Councilor Morillo.
Colleagues, I would like to move this towards a vote, please.
Uh, colleagues who are in the queue have each spoken a number of times.
Steve Novick
I'm withdrawing that and ask my chief of staff to quickly write up the revised amendment that talks about support rather than consensus.
Jamie Dunphy
Thank you very much.
Councilor Smith.
Loretta Smith
Thank you, Council President.
I was just going to call the question.
Jamie Dunphy
Gotcha.
Thank you.
Olivia Clark
Point of information.
Unidentified speaker
Yes.
Steve Novick
Councilmember Wilson.
Loretta Smith
Yes.
Candace Avalos
Point of information.
Jamie Dunphy
Councilor Avalos.
Candace Avalos
It sounds like we have 2 amendments that are being crafted.
Can I just confirm, are Councilor Novick and Councilor Priyamalane, are you working on getting us something?
Sameer Kanal
Yes.
Candace Avalos
Okay.
So is it that we just need to pause until those are ready?
Like 5 minutes?
Elana Pirtle-Guiney
Council President.
Jamie Dunphy
Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
I'm in the queue to propose that we move this until after the next item on the agenda and hope that the time of the next item gives us time to get those 2 amendments.
Not because I want to delay this unnecessarily, but because I think we have some folks who are hoping to have an opportunity, and I don't want to delay our meeting stalling.
Sameer Kanal
Second.
Jamie Dunphy
I agree.
Okay, then I am going to ask that we move— I don't procedurally know how to do this.
We just move to the next item and come back to this?
How do I do this?
Keelan McClymont
I think you have the option, without objection from the rest of council, to just pause or Pause this item and then come back to it.
Jamie Dunphy
We're going to pause this item so councilors can get, uh, additional work done, and we're going to move to item 13, which is document 2026-270, and we'll come back to this one.
Keelan McClymont
Accept the future of large-scale performing arts recommendations to advance a new Broadway-capable venue as part of the proposed Performing Arts and Culture Center at Portland State University.
Thank you, colleagues.
Jamie Dunphy
This is a continued first— oh, this is a resolution.
We are continuing from last week where we heard 53 pieces of testimony.
We are now into a position where we have technical and clarifying questions or council discussion.
Is there any— yeah, folks, feel free to jump into the queue.
Actually, I have a couple of technical or clarifying questions, and I'm hoping that Uh, Donnie or Sue Pak are available to come on up.
Loretta Smith
There's Sue.
Jamie Dunphy
Hi, Sue.
Donnie, she could join.
Loretta Smith
Councilor Oliveira.
Jamie Dunphy
Thank you.
And Sue, maybe you are able to answer this first one, and we'll also, in the process of me talking, we'll give Donnie a few minutes to walk in.
But in response to some of the testimony that I heard last week, there was a little— there was some— there was a lack of clarity on whether or not the new Performing Arts and Culture Center will be a city-owned asset.
Can you confirm that whatever gets built, where it gets built, this will continue to be a city-owned asset and will have the same share of, you know, of revenue as it does currently with the other P5 venues?
Sue Pack
Uh, for the record, I'm Sue Pack.
Um, my understanding is that it would be a city-owned asset.
As to who operates it and what would be Kind of the business plan or revenue share.
None of that has been determined at this point.
We need a decision first and then we can move on to think through those very important details.
Jamie Dunphy
And to that exact specific end, the RFP for management of the P5 goes out today, I understand, or at least this week, hopefully at some point.
Does the structure imagined in the RFP Give us space to fold in a proposed new theater into the P5 umbrella?
Sue Pack
The current— the RFP, the way it's written now, is just for the current 5 venues as a part of Portland 5.
It will make it clear that PSU is not included, and that would have to be a separate process.
And we would need to consider again who's operating and what is the operating model to— and a future RFP potentially.
Jamie Dunphy
And then one other question I had in response to public testimony that we heard last week was what— and you may not be able to answer this directly, but what was the city's assessment of the seismic risk of the Keller?
We heard conflicting things last week.
Keelan McClymont
Yeah.
Sue Pack
So the city commissioned a study in 2020, Miller Consulting Engineers, and their conclusion was that Keller Auditorium would not withstand a major earthquake.
In testimony, we did hear from others who were a part of the Halperin proposal and concepting Otherwise, to our knowledge, that was not a full structural analysis of the Keller by a licensed structural engineer, and the only one of that kind was what was conducted and recognized by the city in 2020.
Sameer Kanal
Thank you.
Jamie Dunphy
Colleagues, go ahead and jump in the queue for any technical or clarifying questions or discussion broadly.
Councilor Ryan kicks off.
Dan Ryan
Thank you, Council President.
Um, questions about the city's financial responsibility.
It hasn't been very clear.
Um, is it $44 million?
Sue Pack
The city has not made a commitment at this time to the $44 million that was posed.
Dan Ryan
Okay.
So we're discussing a resolution that doesn't have a financial commitment to PSU?
Sue Pack
There are no financial commitments.
The resolution greenlights financial planning and getting clarity on the roles and responsibilities of PSU and the city.
Dan Ryan
Okay, it's been murky at best.
So sometimes I hear that we are, sometimes I don't.
If in fact we did, we are going to commit, I heard that from PSU itself, when does PSU expect that payment?
Maybe someone from PSU who has that expectation— hi, Sarah— could come up and say what that answer is.
Sue Pack
Huh?
Jamie Dunphy
Right.
So she was walking up.
Dan Ryan
Yeah, we just need this to be transparent.
Candace Avalos
Hi.
Elana Pirtle-Guiney
Sure.
Sarah Schwarz
Hi, Councilor Ryan.
This is Sarah Schwarz, uh, PSU president, PSU Foundation president, and lead for the project, for the record.
So this, this resolution simply allows us to get in the room and start to figure out how the financial stack will come together between PSU and the city.
At this stage, we have from the last 2 and a half years several partners who have put resources forward and made commitments.
So we do need at some point very soon some level of commitment from the city that they are fully in on the project, which includes some identification of resource towards the project Specifically towards the project that will be owned by the City of Portland, which is the 3,000-seat venue.
Dan Ryan
I appreciate you being clear about that.
So there is going to be a financial commitment.
Um, uh, DCA, hi, you're here.
Maybe you have some sense of where the source is for that.
Hi, CFO Biery.
Jonas Biery
Uh, thank you, Councilor.
Uh, for the record, I'm not City Administrator Raymond Leach, Chief Financial Officer I would just acknowledge, as was mentioned, it's a dynamic situation with lots of possible pathways.
And so it just remains, I think, an active conversation to identify how that— both the broader cost share and the city obligation will ultimately play out.
Unidentified speaker
Okay.
Dan Ryan
So in summary, we know there's going to be a financial commitment.
We know that it's going to be due sooner than later.
And we don't have a source identified.
Angelita Morillo
Okay.
Dan Ryan
Thanks.
Another technical question is about the traffic studies.
Did we do a traffic study on Southwest— is that 3rd in front of the Keller between the fountain and the—.
Keelan McClymont
Yeah.
Dan Ryan
Did we do a study on what I think a lot of people envisioned is for that to not be a street, but that to be an open plaza that would allow more flexibility as we envision a remodeled and restored, historically restored Keller?
Sue Pack
The study that we did asked for 3 scenarios since we were at that point considering a 2-venue strategy.
So it was renovated Keller, new site at PSU, or both operating simultaneously.
And so that was what was requested.
And there were no fatal flaws for any of those scenarios.
Sarah Schwarz
As to—.
Sue Pack
Kind of a deeper detailed study on the closure of 3rd Avenue.
I would have to get back to you on that.
I know that was something that was in conversation.
I don't have the details or the specifics on what was concluded regarding that.
Dan Ryan
Okay, thank you.
So there wasn't a traffic study with that specific vision in mind.
What about on Southwest Lincoln?
Where it's one lane and then you have the light rail in the middle.
Was there a traffic study that looked at the impact of the traffic going to the performances, going to the hotel, up to maybe 4,000 people on that one-lane road?
What was that?
What was the conclusion of that traffic study?
Sue Pack
I'd have to look at the technical report.
I'm sorry, I'm not so familiar with the The details and the technical, um, this is not my area of expertise.
Dan Ryan
These are questions I've been asking for like 3 or 4 years, so I just want some answers someday.
Yeah, thank you.
Sue Pack
Be happy to share with you the full, uh, traffic study.
Jamie Dunphy
Thank you, Councilor Ryan.
Councilor Green.
Mitch Green
Thank you, Council President.
Um, so we heard some testimony last week on The need to upgrade the performing sort of arts curricula, you know, capacity at Portland State.
I've done the tour.
It's woefully inadequate for those students.
So I guess my question is, the resolution that we're contemplating is about the City of Portland doing a performing arts venue.
If the city did not do that, would those students still get an upgraded set of facilities?
Sarah Schwarz
Yes.
Mitch Green
To do their, their work in?
Sarah Schwarz
I would answer that question to say that right now we are fully focused on the vision that we've presented to you.
And of course, there can be scenario planning that can happen if in fact there's a change in the direction.
But we are fully forward with the Keller— excuse me, with the 3,000-seat venue being a part of the project at this time.
Mitch Green
Okay.
So It's not super clear, but—.
Sarah Schwarz
Well, if I can restate that, I apologize.
The highest and best use of the 4.25 acres is having the 3,000-seat venue at the heart of a larger cultural and academic setting.
So we would in fact love over time to have all the appropriate spaces for our students, but at this moment in time, this particular vision makes sense as highest and best use for that set of Okay, thanks for clarifying on that.
Mitch Green
So I just wanna make sure that we know what we're talking about and the public knows what we're talking about.
So we are contemplating a resolution to move us down a path that will go towards a financial commitment, and that's about a performing arts venue.
And so all the testimony we heard about the students is ancillary to that?
Sarah Schwarz
Correct.
Really what's before the council is the determination around building the 3,000-seat venue on the PSU land.
Mitch Green
But if the city council chose not to go down this road, it wouldn't be because the city council made a decision why those students wouldn't get those upgrades.
It'd be Portland State University, right?
Sarah Schwarz
Correct.
Then it would be back to us to make determinations from there.
Donnie Oliveira
Thank you.
Mitch Green
And I meant to start my timer, Council President.
I apologize.
Jamie Dunphy
Okay, I started it for you.
Mitch Green
Yeah, I know you did.
Donnie Oliveira
Okay.
Mitch Green
CFO Biery, I don't know if you know this answer off the top of your head, and if you don't, that's okay.
We can try to get it into the conversation.
But I recall when we were thinking through the financial stability work and we're trying to understand our cost centers, the internal service fund and the rate structure that sort of recover those costs Some of that's driven by the Vanport building and the debt service on that.
Do you have a sense of scale on that?
Jonas Biery
Yeah, Councilor, I don't know off the top of my head what that sense of scale is, but we can work with the team to get you specifically those amounts and how they factor through those facilities-related interagency rates.
Mitch Green
Thank you.
And I apologize for putting you on the spot like that.
You don't want to give an imprecise answer, but the reason I bring it up is because To Councilor Ryan's questions, if we go down this road and then we ended up getting into the same financial arrangement that we currently have with the Vanport Building, that's going to drive an increase in our internal service costs.
And so unless we are able to identify a specific source of funds that doesn't do that, we just have to recognize that this would be a decision that raises the overall cost across all of our bureaus.
And I know I'm running out of time, so I think the last question I have The question I have actually for the city attorney is that one of the things I've been thinking a lot about is the division of power between the executive and the council.
And when we adopt a resolution like this, in the city attorney's view, would it then empower the executive to start signing contracts and negotiating on behalf of the city that would then bind the city in some kind of sense?
That's the question I have.
Robert Taylor
Councilor I think generally the city administrator is empowered to sign contracts as long as there's a budget allocation for it.
That's what's specified in the charter.
So if, if there's not a— if it's not budgeted for, then they're not going to be able to sign a contract.
Mitch Green
Is that—.
Angelita Morillo
Does that answer your question?
Mitch Green
Or, I mean, it does, because I think the thing I'm concerned about, like, we recently signed a contract with the city attorney's office We just approved a contract for the U.S. Tennis Association, which I know that there's a difference of opinion on that at this dais, but that's a 25-year contract and we approved a 1-year budget.
And so I'm starting to get nervous about what is the length of time.
Have we failed to sort of clarify what that scope and boundary is?
Jamie Dunphy
Right.
Mitch Green
What I don't want to happen here is all of the background information has been said, is sort of couched in terms of don't worry, this does not commit the city to anything financially.
You'll always have a choice.
But if we take this step, are we then going to be presented with a no-choice scenario where it's like, well, your guys already said yes by a resolution, so now pay for it?
Like, that's what I'm worried about.
And I, I want to make sure that that's on the record now, uh, because it's not $44 million, it's $440 million, because the $44 is 10%.
That's a 10% kitty up front.
And that's what I've gotten from my conversations as well.
And so if we're going to go down this road of committing ourselves to $440 million with no funding source, I think that's a fair point.
We just need to be crystal clear about what that means and what our trade-offs are.
So, um, I'll leave it there for now.
Uh, thank you.
Jamie Dunphy
Thank you very much, Councilor Green.
Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
Thank you, Council President.
Uh, Sue, I want to ask a quick question because you said something in your conversation with Councilor Dunphy that was curious to me.
So I, I understand from the previous conversations we had in committee and from the dialogue that you with the councilor— council president that the moving forward with conversations around a city-owned venue on the PSU campus would be separate from our P5 venues.
But is there anything in the RFP that's on the table right now for the operation of those venues, or in the resolution that we're moving forward today, that would prevent us from operating a future venue owned by the city and located on the PSU campus alongside our P5 venues if a future city council or administration decided that that was the best choice for the city?
Sue Pack
The RFP does not limit that possibility.
Elana Pirtle-Guiney
Okay.
Nor does what we're considering today.
So we're essentially leaving that open.
We're not binding ourselves to that.
We're also not binding ourselves away from that.
Loretta Smith
Okay.
Elana Pirtle-Guiney
I think that's important.
I think these conversations about cost are important.
Colleagues, we are being asked how we want to move forward for the arts in our community, and I, I just would ask that we figure out a way that we can take this step in a way that is comfortable for folks.
If we need to get some things on the record, let's make sure we do that, but let's move forward.
We need to have a venue that can operate these large-scale productions.
We need to do so in a way that Doesn't create a break in operations, which would be negative for our community for a lot of different reasons.
First and foremost, the jobs, but also the access to culture and the arts.
And I think this gives us the step to start to do that.
So I hope we take that seriously.
It gives us the step to start to do that while also continuing to invest in the Keller.
And I hope we can find a way to move forward today without too much delay.
Tiffany Koyama Lane
Thank you.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Councilor Smith.
Loretta Smith
Thank you, Council President.
I want to go back to the cost of this and something that Councilor Green said in terms of the entire cost of this particular— that the buy-in would be $440 million from the City of Portland.
Is this what it is binding us to?
Sue Pack
The estimated cost for the 3,000-seater at PSU is $447 million.
That is not to say that the city would be on the hook for the entire amount.
The hope is with this resolution that there can be further work done in terms of financial planning and developing a capital stack to understand what the funding sources are.
The city certainly will need to commit But the thinking is there would be diversified sources.
Loretta Smith
So let me tell you what my concern is.
I was on the Arts Committee when this came up, and I wanted to figure out a pathway so that the Keller could get done because we actually own that right now.
We're not building a stage.
We already have a stage that we can go forward with.
The other piece that I'm having a dual conversation with myself about is that, um, we have a contract that we have to get done with, with the Blazers, and that is another multi-hundred million dollar deal.
And I'm trying to figure out where we get all this money from.
Unless there's some money under the, the park benches that I don't know about, it's not clear to me.
Um, In terms of getting a capital stack, I would think that you would have the capital stack figured out before you got a resolution from us.
Why not go get a capital stack and tell me where you're getting the money from before you're asking me to, to vote blindly on something that I, I don't see a pathway?
I don't see a pathway how we do this.
That's—.
And I needed to explain from our CFO to the to the folks who brought it here how we're going to pay for this.
If we want to just do a resolution to say, oh yeah, we're thinking about it and that's what we're going to do, but this resolution binds us to pay for this right now.
Sue Pack
It does not.
Loretta Smith
But it— but in essence it does.
It's saying that we're, we're, we're going to go forward, and then once we find out what the stack looks like, then we would— we're doing things backwards to me.
Sarah Schwarz
If I may, Councilor Smith, if I could just jump in for a quick moment.
So 3 years ago, when the city asked for a proposal for a new venue as a contemplation point, we did do significant work on the PSU side to start to develop what a capital stack could look like.
Loretta Smith
Right.
Sarah Schwarz
Over the last 2 and a half years, with changes in council and a whole variety of things, any conversations that we might have been able to have with any of the financial folks across the city Those have been put on hold.
We have not had any access to speak with people to actually say, here are the 27 things that we have on our list that we think could be possibilities.
Not all of them are going to be from the city.
They come from a variety of sources.
What this resolution does from our perspective is finally allows that conversation to happen.
We are not here trying to hoodwink you into any sort of long-term commitment.
This is to take that next step that we've really been waiting for for quite a long time.
To sit in a room and say, of this list of items and of things that you know, what's our path forward?
And again, it will not rely solely on city assets and city dollars.
Many municipalities are able to put together creative paths forward.
We think Portland has a real shot at being able to do that too, but we need to be able to do that with the partners of the city to figure it out.
Loretta Smith
Right.
And I don't think you're trying to hoodwink us at all.
I think you're trying to, to get us through this resolution, make PSU the priority.
That's what I think you're trying to do without having the other capital stack to go along with it.
Um, if I could also—.
Sarah Schwarz
I'm sorry, just add in on this too.
So also over this course of time, we have secured the state bonds, again primarily for the PSU component, but it will serve all of the undergirdings for the entire project.
And even more importantly, we have $12.5 million in philanthropy.
Elana Pirtle-Guiney
Yes.
Sarah Schwarz
Donors who stepped forward almost within the first 6 months of the first round of City Council action, who were very entrepreneurial and said they wanted to step forward to show confidence that there are folks who are willing to support a project of this scale and of this vision.
I am the primary fundraiser for it.
I am concerned that we will start to lose donor interest in this project and perhaps even donor philanthropy that's been stated to date because of the protracted nature of the project.
Elana Pirtle-Guiney
Thank you.
Sarah Schwarz
Which is not to say that this isn't huge, and we need to be very diligent in stepping through each point.
I guess my— what I would hope that we could walk away from today is a sense of urgency to move forward and suss this out.
Because to Councilor Ryan's question and others, and Councilor Green's, it may be that after a couple of months of working together, we may determine in fact that we come back to you and say The path looks pretty different than what we thought it might be.
Now we're going a different direction.
So PSU and our donors also have a component in this as well too.
But again, we're missing the city's voice at the table to actually do the financial stack work.
Loretta Smith
Right, because they want to know that the city is going to come in.
And so while we are saying it doesn't, um, it doesn't bind us to this, but it really does bind us to it.
And until we figure out how we're going to pay for all these other things that we have in the queue right now, I'm not comfortable right now with this resolution.
I'm not comfortable with this at all.
And I understand you're trying to keep your donors together, but I also know that there are a lot of students who are not going to be able to go to school at PSU because there are a lot of funding that you're missing on the other public And so while kids are not allowed— are not going to be allowed to go to school because of the funding issues that you have on the public side, not the private fundraising side for this, it just does not look good that you're raising all these millions and gazillions of dollars and then we have students who are not going to be able to go to school.
So that's a problem.
That's a public relations problem.
Councilor Smith.
Sarah Schwarz
Last year we raised $45.6 million almost specifically for student success and student support at the PSU Foundation.
I understand the optics.
I think very similar to what City Council is facing, we have to both manage very challenging financial situations at the same time of looking forward toward big vision.
An investment forward is one way to ensure that our students will have state-of-the-art facilities that we will grow enrollment in areas where we are already having lots of enrollment growth across the campus.
The College of the Arts is a gem for us.
We see this as a transformational opportunity and a way to do 2 things at once: work on our financial sustainability and our student support for the immediate future— or for the immediate now, I should say— while being visionary and forward-thinking for our students of the future, not to mention our city of Portland.
Jamie Dunphy
And thank you very much.
We're past 5 minutes.
Thank you.
Councilor Smith.
Councilor Kanal.
Sameer Kanal
Thank you.
Um, I'll save my comment things for, for later.
I, I think, um, the questions I have are, are really derived from a context that, that Councilor Green referenced, um, which is the tennis center.
Um, that doesn't sound like it's relevant to everybody, but I want to just be clear that on May 18th, uh, in this chamber, um, we did a technical amendment to extend funding for the, the tennis center Which was going to expire June 30th of this year to December 31st of this year.
And in that, I asked whether or not that would commit us to a path of privatization, and I was told no, we'll be— it'll come back.
I'll read the transcript in a moment.
And then, oh, I found out yesterday in the chamber that a contract has already been signed to transfer control to the Portland Tennis Center.
So I agree with Councilor Smith's analysis that this would commit us.
Thank you.
Um, and there's— so I think that we have to have that conversation, but I don't think it's—.
Candace Avalos
It's—.
Sameer Kanal
And that's not because of anything PSU's done.
That has to do with the internal side within this chamber and between the 2 floors of this building.
Um, that is my concern.
I just want to be clear about that.
Um, I just— transcript here is Amendment 3, Technical Amendment 3, talks about making— about thoughtful decision-making and implementation of the potential transition.
I'm a little curious as to There hasn't yet been a council vote on transferring anything with USTA, and there's several councilors who've expressed concern, trepidation, whatever word, hesitation, let's say, about it.
So I'm curious how much this commits us to that course of action without a debate.
That's me asking, uh, CA Lee.
His response: it doesn't commit you to it.
Council officially has to adopt the budget, which this would be a part of it.
This is just amending the portions of the mayor's proposed budget as it relates to this work.
Council officially will make the decision as it relates to the overall adopted budget, which this may be a included as part of your deliberation with this amendment.
And I asked, so the adopted budget is where the decision on transferring, on privatizing this, the Portland Tennis Center, is made, or is that a separate standalone ordinance?
It's the appropriation of the money is done through this budgeting process.
If there's documentation as it relates to the privatization of that, that would be done separately.
So we were told that we were going to get a separate conversation on it, and then behind our back— and I, I use those those words very specifically.
It was done around us.
I believe that if we were to support this resolution, we're committing to the whole package.
Now, that might only be $44 million, $42 million, not the whole, because I recognize that there's other financial components that are part of this.
But I did want to ask the council president if you could remind us, how much did it cost?
Well, we quoted about moving your desk Across the hall in your district, in your City Hall office?
Jamie Dunphy
It was about $24,000.
Unidentified speaker
Okay.
Sameer Kanal
So $24,000 to move a desk, a distance that's about from here to the back of this chamber.
That's the internal rates that we're paying, and that's what's going to go up if we don't have another funding source.
So that's already, I would argue, too high.
I think that's probably a consensus position here, that $24,000 to move a desk is too high.
Um, but it's one of several things that we've been quoted these extremely high amounts on here, and, and we as councilors have, you know, the, the charges are levied on us just the same as between the bureaus.
So that's a concern that I have.
And I, I did want to ask, I really appreciate Councilor Ryan, um, outlining his thoughts, which he's been bringing up for a few years.
I also noted in the The ex officio report that Councilor Clark served on that, but did not support this recommendation as per the report.
And I would be really curious as we go through the queue, I'm not gonna put you on the spot, if you can speak to that because I think these are questions that I imagine you were more in the weeds as was Councilor Ryan on this.
I did wanna say thank you to Sue because I know You were the contact person yesterday.
We talked about the Interstate Firehouse Cultural Center, and I know that— I don't know if you still work on that, or, uh, and when we talk about the arts, they're not just large-scale venues downtown.
They're also 99-seat theaters on Interstate in District 2 where people have often seen their first plays.
And so they're also the Keller that already exists.
They're also potentially whatever happens at Piazzetta.
Candace Avalos
Yeah.
Sameer Kanal
And so I would love to have that broader conversation here.
And I understand that, that there's been a long process going on.
And I think one of the challenges is that when you run for office, you kind of inherit all of the muck that came before.
And there was a lot of that prior to January 1st, 2025 that we're digging out of here.
And that means owning some of the decisions in the past, but it also means owning the fact that the budget is not great.
Thank you.
And so I don't know that there is the financial resources available to do all the things we would wanna do.
And I'm interested as this process continues in exploring if there's a path I hadn't thought of.
Candace Avalos
Thanks.
Jamie Dunphy
Thank you, Councilor Kanal.
Colleagues, I'll just note, I do see DCA Donnie Oliveira hanging out in the back if there are any technical questions that Sue is unable to answer.
Councilor Avalos.
Candace Avalos
Thank you.
Let me start by saying I'm feeling conflicted and a little bit confused.
I'm listening to the answers to the questions that my colleagues are asking, and I'm starting to grow concerned.
And so, but I wanted to start by also flagging some amendments that I brought forward in City Life and talked about why I did that.
And, you know, I came into this having those amendments feeling Okay, uh, but now I'm— I don't know how I'm feeling.
So I just want to be honest that I am grappling with this.
But what the amendments were doing, the principle behind them was, um, essentially what I'm hearing, these fears, right, that we're advancing a project, um, but not financially committing to it.
And so I amended it in a way that supports— that makes the resolution support planning and pre-development for the, you know, potential new Thank you.
Jamie Dunphy
Thank you, Mayor.
Candace Avalos
So this resolution is a resolution that authorizes the city to move forward with the development of the proposed Rosewood Park Parkland Park venue, but also preserves council's approval of the financial plan, the capital funding strategy, the city's financial obligations before we make a final commitment.
It also makes it explicit that this resolution does not authorize or commit additional city funding for development or construction.
Before the city takes on those obligations, staff need to return to council with the total project cost and the city— proposed city contribution, the full capital stack, etc., etc.
So I guess what I'm wanting to understand, and I also want to say this for everyone that's left in the queue, because one, I'd love to hear a reaction on like, if you had those fears, did my amendments help those fears at all?
And if not, tell me more.
I'd love to know.
Um, and then I also would love to hear from you.
I see you're next in the queue, Councilor Clark, or Vice President Clark, um, about what was going on.
Um, and then I think, I guess, what is the, um, this sentiment that people are feeling that if we put this forward, that even though it technically doesn't commit, people feel committed?
I think that, um, I want to understand what your expectation is of us by approving this.
Like, does— why does it have to come to us?
I guess I know that there was a commission and we have to approve findings, and so I guess I'm just feeling I'm trying to understand the process of why this has to come in this way to us.
And then also, I imagine it is the expectation that by us approving this planning, that PSU expects us to be part of that capital stack.
So I think I'm also wanting to get what happens if we approve this, we move forward, and we as the city, you know, per my amendments, I'm hoping that any decision on actual funding is still gonna come back to us.
So I'm not committing any money to this.
Loretta Smith
Councilor Smith.
Candace Avalos
I absolutely agree with my colleagues that I don't even know where that's coming from.
But are you going to be expecting us to be part of the capital stack?
And if we are not, then what?
And then I guess another question of what happens if this resolution does not pass?
Because I'm just kind of glancing around the dais and I don't know if people are having appetite for this.
And so I think I'm also weighing like, what does that mean if it doesn't pass?
So I don't know who those questions are for.
They're kind of broad.
Maybe let me direct the question around what is the expectation of us as a city?
Yeah.
Us being part of the capital stack.
Like, if we're part of this planning, are you expecting us to be part of that?
How are you seeing the city's, uh, role moving forward?
Unidentified speaker
Yes, I just want to restate again that this would be the city's venue.
PSU was invited by the city, the then council, uh, to come forward with a proposal, as they did for a variety of groups.
And we went through a whole process to winnow down to the decision that happened in, um, October of 2024, which was a 2-venue strategy to continue looking at the Keller and to also start moving forward on the PSU site.
There was an LOI that was signed in November of 2024 between PSU and the city administrator that clearly outlined the next steps, which included things like developing a capital stack, securing state funding, taking the lead on philanthropic work.
We've accomplished all of those things.
That LOI also contained a market feasibility study request, an economic feasibility study request, Yes.
A traffic study, all of which have been completed.
And in addition to that, of course, the mayor's ex officio and the steering committee, which were convened this spring to again review the materials to really look at the issue.
I state all of that to say that it's been a very thorough process and it started with the city.
So yes, this is the city's venue.
PSU is here as your partner.
We believe that we can help unlock resources to pay for portions of the city component.
But at the end of the day, this came from a city request.
It would be a city venue, and the city would absolutely be part of the partnership in financing the project.
And by the project, I mean only the 3,000-seat venue.
We have all the costs covered for the PSU academic and community spaces, and we have a partner negotiation for the hotel, and we have the parking paid for.
Olivia Clark
Okay.
Unidentified speaker
So that's the only part that's in front of City Council.
Candace Avalos
Thank you.
And I think also, Vice President Clark, when you go up, I'd love to— if you could share about your amendment with the council.
I think I can take that one.
Councilor Taylor, and maybe explain a little bit of that.
But I think what you're hearing from this council is that, as what I'm realizing as a councilor, is that decisions get made before we're here, right?
And we're picking things up.
We're also facing unexpected budget shortfalls.
I mean, we've had only budget deficits since we've been councilors, so we are very wary of where our dollars go.
And so I think just to— so that you— I say that because I don't want you to feel like we don't think that you did your due diligence or that you did the process or that the city started this.
Absolutely.
That wasn't me, but I am still responsible for those things.
But, you know, I have to weigh what is current, right?
And what is our current budget capacity?
And so I think that's where I'm grappling because I'm like, what— by us even telling you to do this and go through this whole process, what have we unintentionally committed through there?
And so I'm not trying to go back necessarily on our commitments, but I am faced with a literal budget reality that I like— doesn't matter what I commit if I don't have money for it, right?
So I think that's what we're grappling with, just so you know that it's not about feeling like that process wasn't thorough.
I think it was.
I think we're just hitting a wall with our budget, and that's what we're weighing.
Sarah Schwarz
Completely appreciate that.
Just very much respect your position, and I'll say again, similar to PSU, right, there's the immediate crunch as well as trying to be visionary for the future.
Robert Taylor
Sure.
Unidentified speaker
I also just wanted to note for the capital stack, while the city would be a component of it, there are other dollars including federal dollars that we see as possible for this project.
We also see private funders, and we also see philanthropy both local as well as nationally.
So I don't want to again soft sell this.
There's definitely city dollars that would be put into this, as it being a city venue.
And we're just really excited to start doing some of the homework with you all because we think there could be a path.
Last thing I'll say, we've done multiple case studies with a whole variety of venues.
These only come along maybe once every 20 years nationally.
They're a really big deal.
You do need to take the time to feel like you are very much in support of this vision and that you see the city wanting to put this forward.
So we want you to be doing that too.
I will tell you, in none of those cases Did any municipality start down the track knowing exactly where all the dollars are going to come from?
If you look at the Dr. Phillips Center, which is really a state-of-the-art 10-acre project that is still continuing to develop today, they went through about 4 mayors and I don't know how many city councils in order to accomplish the project, but they did get there and it is now a gold standard nationally.
We see an opportunity for Portland to become a center of gravity like that.
I also respectfully understand what you're weighing and this snapshot in time, which is different from where we started.
Sue Pack
Thank you.
Sarah Schwarz
A couple of years ago.
So thank you.
Councilor Avalos, may I respond to your question about why are we bringing this before you?
Candace Avalos
That would be helpful.
Unidentified speaker
Thank you.
Um, just to back up a little bit, in the previous form of government, October 2024, there was a council resolution that basically there were 2 options: Keller or PSU.
The direction was let's try to do both.
So that's the 2-venue strategy.
Can Portland support 2 large-scale, 3,000-seat Broadway-capable theaters?
And then we did economic— an economic impact study, market feasibility study, transportation study.
The conclusion was Portland only has demand program supply and market demand for one venue, one large-scale venue.
Sarah Schwarz
Thank you.
Unidentified speaker
So then the question becomes, which one?
And that's where our consultants who— Hund and Partners, who did the market feasibility and economic impact study, recommended building new at PSU.
And the steering committee unanimously supported building new at PSU, and the ex officio Supported it with the majority, not all members.
And so based on all those recommendations, the mayor's resolution is coming forward and saying, let's move forward in planning, not committing, to building a new venue at PSU and reimagining the Keller as a smaller venue.
And And we need your support on that approach because the 2-venue strategy is not an option.
Keelan McClymont
Thank you.
Candace Avalos
That's all for now.
Jamie Dunphy
Thank you, Councilor Avalos.
Colleagues, just a heads up, there are 8 more councilors in the queue.
I am going to limit debate after Councilor Clark concludes, so if anybody else wants to get in the queue, uh, please do now.
Vice President Clark, take it away.
Olivia Clark
Uh, thank you, Councilor President.
I wasn't prepared to actually, um, make a huge statement.
I was going to save that But I'll, I'll try to weave it all together.
Jamie Dunphy
You can do that after.
Olivia Clark
Um, I really appreciate, um, Councilor Avalos's, um, amendments and my own.
I think we were both trying to thread the needle.
We're both trying to make this palatable and protect ourselves.
And, and from my perspective, it's to keep, um, working on the Keller.
Um, clearly I've been an advocate for the Keller all the way through this process.
On the ex officio committee, I was pro Keller.
I think that the transportation study was substandard.
I really do.
I don't think it was, um, as complete as it should be given the impact of 405 and the light rail right in front of the facility.
Um, I wasn't happy with the Hundon, uh, report.
I thought they went beyond what they were asked to do by making a recommendation to support, um, PSU.
Um, so I was on the, um, short end of the stick in the ex officio group.
But I realized I was on the losing end, and I said, well, what we need to do is to have addenda, which you and I have addressed in our amendments.
I did want to go back to what some of the other— my other colleagues mentioned earlier and just pursue this.
I, I'm not— I don't understand why we need a resolution necessarily.
I mean, this is work that could be done by the administration, you would think.
You know, a lot of this work However, I'm very sensitive to the fact that PSU needs to have a new academic facility.
My choir practices at PSU.
It's as bad as my high school.
You know, they do need another facility.
So I respect that.
And they went to the legislature, they got the funds, and I don't want to get in the way of that.
I want them to have that facility.
Angelita Morillo
Thank you.
Olivia Clark
Lots of concerns obviously have expressed all the way through this process.
I want to go back to what Councilor Green brought up about the commitment.
And in the, um, in the resolution, it talks about December 1st.
Does that mean that on December 1st, this— the report answering all these questions that are in the resolution is coming back to us?
Maybe— I don't know if Donnie Oliveira can answer that.
Is that going to be a decision point for us December 1st?
What does that mean exactly?
And, and to the point about decisions get made without us having a vote, I want to be very clear that, and as you have amended this resolution to say, we are not making a financial commitment.
End of statement.
We are not.
But what happens on December 1st?
Does it come back to us at that point?
Candace Avalos
Yes.
Olivia Clark
Are you coming to council for another decision?
Donnie Oliveira
Yeah, thank you for the question, Vice President Clark.
Donnie Oliveira, for the record.
Apologize I couldn't be here any sooner.
Um, Councilor, I think the place to start is picking up something that both Sarah and Sue have, uh, expressed already.
Part of the resolution, part of the intent, if it was here, was to stop the swirl, um, that was going on for the last several years.
I've been a part of this conversation for for many years as well about what to do with the venues.
And the reality is, is all we're asking for is a green light to formally sit down with PSU to contemplate what it might look like for the city to participate in this— the RFP process that we started, to Sarah's point, about investing in a performing arts venue on a PSU parcel.
As a reminder, the reason why we're even here is because when we started contemplating a renovation of Keller, Very quickly we understood that the impact of doing that, of pausing Broadway operations programming, would be detrimental not just to Broadway but to our overall P5 venues.
So that's why that secondary venue even became a scenario to contemplate.
So it's not just a pick one or the other, it is what is the opportunity cost or impact to only do Keller.
So that's where the secondary venue option even began to become a possibility, was we started to realize that you can't just displace Broadway for 6 months.
That's not viable.
You can't just pay off the labor.
That's not real.
What is real is we want to sustain Broadway operations.
So back to your question.
So we have this resolution before you, and thank you, Councilor Avalos, for your amendments that crystallize that we need some to do some homework that we haven't done, by the way.
And I just want to acknowledge this right now candidly with you all.
If we had done all the work and come to you all with a really baked capital stack, Thank you.
I'm guessing there would have been some frustrations that we did that work without getting a green light from you first, right?
So there's a little bit of a tension here.
What do you want us to do?
Bring you the numbers or get your permission to do advance that work in transparency?
So here we are asking, hey, administration, go forth, figure it out, work with PSU, and come back to us on December 1st with a concept that we can get behind.
Or maybe not.
Maybe it doesn't work out.
We haven't done the work yet.
We really haven't.
Our CFO hasn't been involved because we haven't started that conversation.
So I completely hear the concern that many of you have about committing dollars.
Completely fair.
We're concerned too because we haven't started the work.
So, Councilor, December 1st, best-case scenario, we work out with our partners at PSU with a viable option for this council to contemplate Maybe it's for $44 million, maybe it's for $100 million, maybe it's for the full capital stack because we, we hit the lottery.
But I don't have that information for you because we haven't started the work.
Is that helpful?
Olivia Clark
Yeah, I appreciate that.
And I won't take up any more time.
I'd like to come back later and talk about this a little bit more.
But I am, bottom line, very concerned about the money.
And I would just reiterate what I've heard from my colleagues is there is no We're focused right now on MOTA.
How do we get the money for MOTA?
I just don't— I don't foresee us coming back in December and saying, okay, capital stack, yeah, we're going to go for this money.
I think we're going to be in the same place in December that we are today, unfortunately.
But I am trying to thread the needle.
And I know, Donnie, with all due respect, that you didn't like my amendments about keeping Keller alive, but I do think that we can make small investments in Keller.
We're going to keep Keller open while we go through this process.
Keller has to stay open for the Broadway in America shows, and Keller has to stay open to be able to support P5.
It's the only profitable thing we have in P5.
So I'm just worried that we're, we're not kicking the can.
We're getting more information, but we are going to keep Keller alive.
And Keller, in this resolution, we amended it to do this in tandem with the Keller.
I'll just leave it at that.
Thank you, Mr.
Chair.
Jamie Dunphy
Thank you, colleagues.
There are 10 councilors in queue.
It is 11:15.
Our staff need a break.
I'm going to give us a 15-minute break and come back here at— okay, I'm gonna give us a 12-minute break.
I'm gonna have us all back here at 11:30.
Thank you.
Council is adjourned.
Welcome back, folks.
Thank you all so much for your patience.
I understand we are going to be losing a couple folks here in a few minutes.
And so, colleagues, with your permission, I am going to— I have noted the queue in the lineup for the conversation with regard to the large-scale performing arts venue.
We are going to go back to the Campesinos item.
I understand there are still 2 amendments and then an underlying— then we will move to pass it.
So with your Permission, colleagues, I would like to again pause item 13 and reopen item 12.
And Keelan, do you need to read it, reread it, or are we just on it now?
Keelan McClymont
Yeah, I, I think we can just move back to it since I've already read it.
Jamie Dunphy
Okay, colleagues, go ahead and pull yourselves out of the queue for the, uh, Keller item and feel free to jump into the queue for the now reopened item 12, document 2026-243.
And I believe we have amendments to start with.
David Dysart
Is this correct?
Jamie Dunphy
Councilor Koyama Lane, would you like to start with yours?
Tiffany Koyama Lane
Yes, I would like to move Koyama Lane Amendment 2.
You should have a copy of that in your inbox.
It connects what we were talking about earlier.
It now states that the requirements in code subsection 17.93.060.A are hereby waived for the proposed renaming of Northeast and Southeast Cesar Chavez Boulevard Instead, the existing street name sign and proposed new name sign shall both be posted and maintained up to 5 years following approval for the proposed renaming of the names.
Thank you for your feedback, and I'd like to formally move this amendment and would appreciate a second.
Unidentified speaker
Second.
Jamie Dunphy
Councilor Koyama Lane moves Koyama Lane 2.
Councilor Clark— Vice President Clark, do you move?
Second.
Angelita Morillo
Second.
Jamie Dunphy
Colleagues, is there discussion of this amendment?
Councilor Murillo?
Angelita Morillo
No.
Jamie Dunphy
Councilor Novick?
Roger Wohl
No.
Jamie Dunphy
Councilor Pirtle-Guiney?
Elana Pirtle-Guiney
Thank you.
I appreciate the changes.
And I just want to say on the record that I hope that PBOT, because this is a flexible timeline, gives notification on the specific timeline that residents along the street should expect to those residents with some Some advance warning.
For example, if 10 months in you think you can do this in 18 months, shoot folks who live on the street and have businesses on the street a letter letting them know that.
I hope that PBOT is listening.
I don't see folks in the room, but I will follow up to make sure they know that that is a request.
Thank you, Councilor, for amending your language.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Colleagues, seeing no one else in the queue for discussion of Uh, Koyama Lane 2.
Keelan, could we please call the roll?
Keelan McClymont
Moved by Koyama Lane, seconded by Clark.
Koyama Lane.
Tiffany Koyama Lane
Aye.
Keelan McClymont
Morillo.
Angelita Morillo
Aye.
Keelan McClymont
Novick.
Steve Novick
Aye.
Keelan McClymont
Clark.
Olivia Clark
Aye.
Dan Ryan
Aye.
Candace Avalos
Aye.
Keelan McClymont
Denphy.
Jamie Dunphy
Aye.
Keelan McClymont
The amendment is approved with a vote of 12 ayes.
Thank you very much.
Councilor Novick.
Steve Novick
Thank you, Mr. President.
I'd like to move my rewritten amendment, which is Novick 2, because we sent out an erroneous version first, that the amendment would amend paragraph 2 to say there is widespread support in the community to swiftly rename Portland Cesar Chavez Boulevard in a manner that befits and honors, et cetera, et cetera.
Sameer Kanal
Second.
Jamie Dunphy
Councilor Novick moves Novick 2.
Councilor Kanal seconds.
Colleagues, is there further discussion of the amendments?
Seeing no one else in the queue, Keelan, can we please call the roll on Novick 2?
Keelan McClymont
Moved by Novick, seconded by Kanal.
Koyama Lane?
Tiffany Koyama Lane
Aye.
Keelan McClymont
Murillo?
Angelita Morillo
Aye.
Sameer Kanal
Aye.
Steve Novick
Aye.
Candace Avalos
Aye.
Mitch Green
Aye.
Elana Pirtle-Guiney
Aye.
Eric Zimmerman
Aye.
Keelan McClymont
The motion passes unanimously.
Loretta Smith
Aye.
Dan Ryan
Aye.
Keelan McClymont
Dunphy?
Jamie Dunphy
Aye.
Keelan McClymont
The amendment is approved with 12 aye votes.
Jamie Dunphy
Thank you.
Councilor Vice President Clark?
Olivia Clark
Uh, thank you, Council President.
I would like to offer an amendment, um, to the ordinance to add an emergency clause.
Uh, I believe it's important that we move this item forward and not delay another week.
We would like to ensure that we are responsive to community concerns about the negative impact of survivors of abuse and others, and to ensure that we facilitate the timely operation of Okay.
Jamie Dunphy
Thank you.
Vice President Clark moves Clark 1.
Uh, Councilor Ryan seconds.
The, uh, this amendment's been reviewed.
I see it in writing, so I see a copy.
Do we have a copy of it?
Elana Pirtle-Guiney
I have.
Loretta Smith
Okay.
Tiffany Koyama Lane
Uh, of the emergency clause?
Jamie Dunphy
Yeah, the emergency clause.
Angelita Morillo
Yeah, we can send it.
Jamie Dunphy
Okay, I'm gonna get that into your inboxes, colleagues.
Uh, any discussion of the Clark 1 amendment?
Keelan, have you gotten a copy of this yet?
Keelan McClymont
Um, let me check.
I think my team is clear on the reason for the emergency, so I think we can proceed with the vote if you're ready.
Jamie Dunphy
Sounds good.
Let's please call the roll on Clerk 1.
Keelan McClymont
Uh, moved by Clerk, seconded by Ryan.
This is to add the emergency clause.
Koyama Lane?
Tiffany Koyama Lane
Aye.
Keelan McClymont
Morillo?
Angelita Morillo
Aye.
Keelan McClymont
Novick?
Steve Novick
Aye.
Keelan McClymont
Clark?
Olivia Clark
Aye.
Keelan McClymont
Green?
Mitch Green
Aye.
Keelan McClymont
Zimmerman?
Eric Zimmerman
Aye.
Keelan McClymont
Avalos?
Candace Avalos
Aye.
Keelan McClymont
Smith?
Loretta Smith
Aye.
Keelan McClymont
Kanal?
Sameer Kanal
Aye.
Keelan McClymont
Pirtle-Guiney?
Elana Pirtle-Guiney
Aye.
Angelita Morillo
Aye.
Keelan McClymont
Dennehy?
Jamie Dunphy
Aye.
Keelan McClymont
The amendment is approved with 12 aye votes.
Jamie Dunphy
Colleagues, is there any further discussion of the now thrice amended Underlying ordinance.
Councilor Zimmerman.
Eric Zimmerman
Never lose the moment, so let's pass this sucker.
Jamie Dunphy
Thank you, Councilor.
Councilor Smith.
Loretta Smith
Thank you, Council President, and thank you, Council Vice President, for adding this emergency clause because it is so important.
In 2009, we, uh, we first named 39th Boulevard Cesar Chavez Boulevard.
We unknowingly honored a very flawed man Thank you.
Who gave voice to millions and taught a nation that justice is cultivated through organizing and peaceful resolve.
We are reminded that a movement is never built by one individual.
It is built by the workers in the rows, bent over under the heat of the sun, enduring backbreaking labor from dawn until dusk so that families across our city and our state have food on their tables.
By dedicating this corridor to our campesinos, we honor the hands that feed us.
Thank you.
Jamie Dunphy
Thank you, Councilor Smith.
Councilor Novick.
Steve Novick
Uh, I think that this proposal is a very elegant I think that the idea of honoring Cesar Chavez to begin with was to honor the farmworkers movement.
And I'm somebody who didn't eat grapes until I was like 7 years old because you're supposed to boycott them.
I am sensitive to the concerns of folks who feel like this was a rushed process because it was.
And the council president has indicated a desire to bring forward something that would establish a process that's not as elaborate as the street renaming process that we currently have.
Council President, I think that's a good point.
But it is still something.
And here we basically had nothing.
And I don't know that any process would have changed anybody's mind, but part of the point of process is just to allow people a chance to yell at us.
And I wish we'd figured out a way to give people more of a chance to yell at us.
And I'm not going to cast a protest vote today in support of giving people more time to yell at us, but I'm going to vote yes.
Candace Avalos
Thank you.
Steve Novick
But I think that we need to make sure that before we do any other more street renamings, we have a process that we're actually willing to stick to.
Jamie Dunphy
Thank you very much, Councilor Novick.
Councilor Kanal.
Sameer Kanal
Just flagging, thanks for that, and I am committed to getting that on the Committee of the Whole agenda, and it's— you'll see it penciled in for the future for the next couple of months.
Thanks.
Jamie Dunphy
Thank you, Councilor Kanal.
Colleagues, seeing no one else in the queue for discussion, Thank you.
Keelan, can we please call the roll on the underlying now amended ordinance?
Keelan McClymont
This is now an emergency and it requires 9 votes to pass.
Koyama Lane.
Tiffany Koyama Lane
Thank you so much, advocates.
I vote aye.
Keelan McClymont
Aye.
Angelita Morillo
Aye.
Steve Novick
Aye.
Loretta Smith
Aye.
Aye.
Candace Avalos
Aye.
Loretta Smith
I'd just like to say I am deeply proud to sponsor this ordinance along with my colleague, uh, Councilor Tiffany Koyama Lane.
Thank you for your help and your support.
I'm excited to cast my vote in favor of this ordinance on its second reading, and I urge all my colleagues to join me in cementing this tribute into the bedrock of our city spaces and streets.
Thank you.
Eric Zimmerman
Aye.
Unidentified speaker
Aye.
Aye.
Keelan McClymont
The ordinance passes with 12 aye votes.
Jamie Dunphy
Thank you very much, colleagues.
Moving back to item number 13, I will— I have folks in the queue.
I have all 10 colleagues, um, and I will call folks out.
Uh, it was— we're going to start with— it's going to go Novick, Dunphy, Zimmerman.
Councilor Novick.
Steve Novick
Thank you, Mr. President.
Let's see, is the city attorney here?
Loretta Smith
One of them.
Steve Novick
Do we—.
Robert Taylor
Maybe I have not advised on this.
Steve Novick
Okay, well, that might be hard.
So my question, I just want to clear up this idea of whether this resolution commits us to spending any money.
So if you're comfortable answering the question, I will pose it this way.
If we vote for this resolution and then we decide that we're not going to commit $44 million to anything and PSU then sued us for $44 million, would you be worried that they would win?
Angelita Morillo
I would—.
Keelan McClymont
No, I would not.
Elana Pirtle-Guiney
I—.
Robert Taylor
It does not commit us to spending the money.
I would not be worried about defending our position in court that we are not obligated to spend the $44 million.
Steve Novick
Okay, thank you.
Um, and as to the substance, um, this is This is difficult for me.
Most of my friends who care about this issue are committed to the Keller.
If I could wave a magic wand, I would make the Keller, you know, seismically resilient and be up to date overnight.
I see, and I also share my colleagues' concerns that I don't know where the heck we're going to get the money to do anything.
I see this vote as a vote to at least explore the possibility That we will be able over the next 20 years to have continuous Broadway-level productions and that we won't have an interruption for a significant period of time, which would cost people's jobs and hurt our economy.
I know that some of the Keller advocates have said that maybe we should have a temporary venue.
I know also the Broadway Across America folks have said that they don't see any way that that would work.
So So I regret having to wind up like voting against my friends, but I just really think that I don't want to announce today that we're going to give up on the idea of continuous productions.
And finally, this was not decisive for me, but I really appreciated the fact that Rosetta Benetucci quoted Hairspray last week.
I really think that anybody testifying on an issue like this should work in a Broadway musical reference.
Jamie Dunphy
Thank you, Councilor Novick.
Colleagues, I put myself next in the queue.
Thank you.
I think I've been extremely clear about where I stand on this proposal.
I think that building a new venue at Portland State University is a really good idea.
But I want to talk about what this is all about in the big picture.
The Keller is one of the P5 theaters.
The city owns the building, which was first built in 1917 and remodeled in 1965 into what we know today.
It was named after Ira Keller, first chair of the Portland Development Commission and the architect of the demolition of Lower Alameda.
Robert Taylor
Thank you.
Jamie Dunphy
The Keller still has 2 full walls that were built out of the 1917 brick masonry.
They didn't fix that in the 1965 renovation, so it's a seismic death trap.
A 4,000-seat assembly space, a giant room full of kids seeing The Nutcracker that will collapse in a serious earthquake.
This is another one of the situations where the city owns a building, the only building in Portland that can host Broadway-capable shows, and it is question of whether— of how and when we pay to fix it, not whether we will.
And I am convinced that the PSU proposal is the right proposal to move the city forward.
The proposal to close the Keller for major renovations, as I've said many times, would suspend touring Broadway productions in Portland for up to 5 years.
That would put scores of union stagehands and ticket takers out of work.
Specifically, with skilled technical labor, the city would very likely lose a major section of this work Workforce to Seattle, to Boise, or to competitor cities in the Sun Belt.
And we would lose the economic engine that pays for all other activities in the city-owned theaters downtown.
The extended loss of Broadway revenue would break P5's financial back at a time when it's already in financial distress and transition, and would place the city on a path towards full private— for-profit privatization of those theaters.
It has happened in other cities.
In contrast, by moving forward in partnership with Portland State University, the city will be tapping into one of the most effective and proven capital project development teams in our region who have clearly and repeatedly committed to spending their staff time, energy, and reputation on raising private dollars for what will be a city-owned asset, and who are proposing a joint approach on funding ongoing regular maintenance throughout the multi-building complex.
After 30 years limping along with our broken city metro model, the operating model has finally cracked, and our buildings are too empty, too expensive for community and arts groups alike and they are running out of money.
But imagine in 5 or 10 years we've built this new performing arts center at PSU.
Not only is it a new cool shiny object, not only does it get cranes in the sky, but we will have a state-of-the-art academic theater and the region's largest professionally touring house sharing the same complex.
PSU and the unions are already discussing a workforce development program.
Kids growing up in my district will be able to go from Parkrose High School and their theater program to an education at PSU that they can afford, where there will be opportunities to work with professional-grade equipment and have direct hands-on experience with national-level labor and practitioners.
Right now, you have to leave Oregon to get that education.
That is not something in my— that kids in my neighborhood can afford to do.
The new performing arts center will also be accessible to local arts community, which is starting to scrape the bottom of the barrel of a 2-decade-long crisis in affordable arts spaces.
PSU consulted with local arts groups to set the size of their proposed academic theater at a size that local nonprofits can also fill and will be able to utilize.
And from the beginning, they proposed to make studio and office space available to local groups as well.
This venue can catalyze the whole transition of the south end of downtown into a true cultural district.
Yes, our downtown theaters are changing after 30 years of the unique city metro management Metro steps away on July 1st, 2027.
So let's imagine once the Performing Arts Center is scoped, funded, and built, it'll become part of the P6, managed with a community benefit mission to provide great art and entertainment for the community and great places for local professionals to grow and present their work.
Broadway moves to join a vibrant art campus at the Performing Arts and Cultural Center.
Commercial shows bloom at the Keller and the Schnitzel.
Sameer Kanal
Thank you.
Jamie Dunphy
And someday one of those spaces will be redeveloped into a true concert hall.
Though it will take hard work, vision, and of course money, all of the benefit is to so many cross-sections of Portland that it could bring.
This is all absolutely possible, but the first step is thinking forwards, not backwards.
With good partners at the table and a plan that will set up so much potential for growth, we must move forward today.
We must believe in what is possible, and we must believe that what should be and could be And not fall back on those things that, than those who would say that the city can't do big things, that the only way for us to grow is to privatize, and that half measures are the best we can hope for in the absence of an actual vision.
So colleagues, let's move forward.
We've been in the trenches of indecision for a decade, and please vote yes.
Dan Ryan
Thank you.
Jamie Dunphy
Councilor, thank you for your time, colleagues.
Councilor Zimmerman.
Eric Zimmerman
Thank you, Mr. President.
So I just wanna lay out a few questions as, you know, if this were to go forward, a resolution to engage in a study, the questions that are really on my mind is, Why does the city have to have an ownership stake moving forward?
I actually don't understand that, so I would need that defined and understood as we go forward.
The capital stack is something that I'm very interested in.
I know that the note of $12.5 million was mentioned earlier, but $12.5 million out of $450 million is not a number I think is significant in terms of getting something over.
So what that really looks like on top of the state bonds is something that I'm curious about.
Thank you.
You know, I have read this now times to the point where my eyes are blurring a little bit to ensure that there is no commitment, fully commitment of money in this, and that's what I'm seeing.
So I'm leaning towards support of this mostly because I am a believer in getting in the room to figure out if this can be a thing or if it can't.
And right now, one of the disappointing things about this entire experience has been the lack of, of of coherent, aligned message or story or what could be.
And I think there's a lot of work to be done there on the PSU side, on the city side, and I hope on the community side.
One of my colleagues said to me, God, I wish you were one of those theater gays.
And I think that was probably because they hoped I was more fired up on this topic.
And, and I take that in stride because Because I recognize I don't know a lot about is Portland right for an 18,000 or 3,900-person theater.
I don't actually want to know.
Like, that's not my wheelhouse.
What I'm looking for are people who do know that industry, do know how we do the thing that Council President just mentioned, which is not go dark for 5 years.
That's what I'm interested in.
So I said in committee that despite not fully understanding the market of different theater, that I looked at the role of Um, building something is, is, is good in terms of— I'm a— I'm in favor of cranes in the air right now.
I am so concerned about our economic position, our workforce, that if our engaging in a negotiation gets PSU— or I guess the word I want to think of is enables PSU— then I'm open to that at this, at this point.
I will be fully invested in understanding what the commitment will be that comes back later in the year, like Council Vice President mentioned.
But I want to just keep in mind, like, I'm not taking votes to build math centers, engineering labs, history buildings.
So the question about why is Portland involved in Portland State's performing arts center remains a big question that should be answered in this, and I hope that it will be.
And I have faith in talking with some city folks that we can get to that point.
But I do think that if we are able to enable another major organization to do a big thing, then we should be open to that.
And so while this has been a frustrating experience, I am still leaning toward a yes vote at this point, and largely because I appreciate Council Vice President who brought forward an amendment in committee to concurrent this with a Keller future, because a Keller future was paramountly important to me.
And I saw her put that in, and I, and I think this resolution now does that.
Sameer Kanal
Thank you.
Eric Zimmerman
And so this has been complicated.
I wanted to share some thoughts, but that's where I'm at, and I'm still leaning toward a yes on that, and I appreciate it.
Thank you.
Jamie Dunphy
Thank you very much, Councilor Zimmerman.
Uh, it's— we have Kanal, Pirtle-Guiney, then Smith.
So Councilor Kanal.
Sameer Kanal
Thank you, Council President.
Um, I think, you know, the, the thing that each decision we make is going to have some problem, and the problem I haven't yet been able to solve is going to change Depending on as, as this conversation evolves, right?
So, um, I really wanted to answer Councilor Avalos's question.
You know, when we started engaging with this, it was already post-amendment, but the amendments are, are good.
And I noticed in the document it does say multiple times, um, that this doesn't commit and there'll be a process for money.
I, I do want to acknowledge that, and some of that is, is a relation to the amendments.
And I think what, what everyone's seeing here is just I think there's just a trust gap between the administration and the council on whether or not we actually are anything more than an advisory committee to the mayor.
And that's been the same conversation we've had for a while.
And I would hope that the media in this room actually talk about that because it has not been discussed enough.
I also want to say that Councilor Clark's amendment has been a good kind of complication to this for me.
Because I, I do appreciate that it didn't commit us fully, um, to only going down the PSU, um, path, but also looking at what we have to do to retain the Keller at least, um, for the 5 years, but also, um, in, in a smaller, uh, state going forward.
And I, I'm personally very interested in this.
I, I have the privilege— I lived in New York for a little bit, got the chance to see like, uh, the play called Grace on Broadway.
Um, obviously a big supporter of PSU.
I'm a Portlander because my dad got into I went to grad school here.
That's why my family lives here.
I think that the challenge I'm dealing with right now is PSU is a state university, and the state is restricting our ability to do taxation at the level that we might want to.
If we— if you look at the foreclosure places where we have on today's agenda on Portland Maps, you're going to see a lot of property tax assessment levels that are much lower than the market value.
Loretta Smith
Yes.
Sameer Kanal
And if we were able to get out from Measure 5 and 50, we would be able to pay for things like this easily.
The reason that Portland has had difficulty taking big swings is largely because of state restriction.
And it's hard for me to try and move— taxation authority continually goes up the levels of government while the obligation to pay for things is being pushed down.
That's really a frustration I have, and I'm grateful to see some colleagues nodding along here.
Olivia Clark
Thank you.
Sameer Kanal
Um, and I'm, I'm struggling with that.
And so I think maybe I'd feel differently about this if this was not right now, um, because we're broke.
And I think it's important that we just say that.
Um, and some of my colleagues have too.
I just don't know how we pay for this.
So that's why I'm leaning towards a no vote.
I would love to have this happen.
I, I'm very supportive of it.
I just don't know how we get the money to go around.
I did want to flag one thing for later.
This is— I, I learned today about another interesting timing thing about an November 2024 commitment made by the city administration to this project.
And I cannot— I understand that the business of the city doesn't pause for 2 months after an election and before people take over.
But the idea that after that election, we would be committing to this after an election that got rid of 4/5 of the sitting city council, put 11/12 of the new council in and a new mayor, The idea that we'd be making big commitments for years and years and years, which we saw the day after the election, we extended Downtown Clean and Safe as well.
There's a lot of big commitments that were made to try and tie our hands.
And so I would hope that we are all exercising thought based on our own opinions on it as we pursue this.
But that— I just wanted to flag that because at some point we're going to have to need to— we're going to need to do oversight on just that 7, 8-week period and all the things that the transition Tried to tie our hands on, because that's unacceptable.
Um, getting back to this, I want to really appreciate the testifiers from last week.
It really helped with me as I've been thinking about it, in particular, uh, the folks from Halperin, in particular folks from IATSE as well.
Um, and, and really complicating it, this— there's not an easy answer to this one.
So that's why I keep saying I'm leaning, but, um, I am looking forward to hearing everybody else's before we take a vote.
Steve Novick
Thank you.
Jamie Dunphy
Thank you, Councilor Kanal.
Councilor Pirtle-Guiney, and then it'll be Smith and Ryan.
So, Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
Thank you, Council President.
Colleagues, we build for our future.
We build the bike infrastructure for the ridership we know future Portland must have.
We build transit-oriented housing and density with less parking for the future Portland we know we will have.
We also must build out our arts venues for the future we want.
I want a future Portland that has a more practical, workable, large-scale seated venue.
I also want a future Portland with venues for our smallest theater companies, where we as a city support arts that tell all of our stories and lift up the future actors and playwrights and dancers and musicians and singers and undefinable performance artists who got their start here.
We have to build that future now, and we have to build it While acknowledging the money we have today.
And that's why we're here.
That's why we have this resolution before us.
If we weren't keeping an eye on our bottom line, we would be in negotiations as a city for 2 large-scale venues.
But we can't.
We can't support that.
Instead, we have a proposal that will allow us to enter into conversations with a partner with the stated goal of creating a new 3,000-seat venue while also Using the opportunity we have of the Keller to fill in the other gaps in our theater ecosystem that aren't filled now in a revitalized future Keller.
We can do this, and frankly, we can do it with a PLA already negotiated on the project, a timeline that ensures folks who work in our performing arts venues don't lose hours, losing pay, and potentially losing healthcare while we do it.
We can do it with a partner who's committed to those things.
We have collectively as a body a lot of questions we need answered.
Portland has collectively as a city a lot of questions we need answered.
I appreciate the amendments to strengthen this proposal, the amendments that strengthen the commitment to the Keller and to being deliberate about funding decisions.
Roger Wohl
Thank you.
Elana Pirtle-Guiney
Because we must be careful how we balance our future needs and our current abilities that we debated and adopted in committee.
But I want to talk about the cost of a no vote.
Inaction today means we are telling the administration no, no, don't enter into conversations with PSU.
Colleagues, think about the vision Councilor Dunphy painted for us just a moment ago.
President Dunphy, I apologize.
Sameer Kanal
All good.
Elana Pirtle-Guiney
Think about what future Portland needs to offer.
What opportunities do we want available for budding artists across our city?
Are we willing to close the door on this?
I am not willing to close that door today.
I think we need to tell the administration to start the work, and we need to lay out our conditions.
And colleagues, we have done that in the conversations we had in committee.
Keelan McClymont
Thank you.
Elana Pirtle-Guiney
The amendments that were adopted there and the conversations we have had on this dais today, we have made our conditions clear on the record.
Let's tell the administration to have the conversation.
Let's tell them to do the work to answer our questions.
Let's tell them to figure out how we can build the future we know our city can and should have.
And let's tell them to figure out how to do that within our means.
Thank you.
If we take a yes vote today, that is what we are saying.
If we take a no vote, we're closing the door on what our arts ecosystem looks like in future Portland.
I hope we can support this here today.
Thank you.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Councilor Smith, then Ryan, then Murillo.
So, Councilor Smith.
Loretta Smith
Thank you, Council President.
I am really too concerned about where we get the money from, but I appreciate you laying this out, Councilor Pirtle-Guiney, because it really does make a difference.
And I hear what you're saying, that we're saying to the arts community that we don't care, and that's not so.
That's not who we are up here.
And so you all have given me something to think about.
Thank you.
And I support, uh, Councilor Avalos's, uh, amendment so that we're making crystal clear that we are not making a commitment to dollars today.
And, uh, Council President, I know that this has been a, um, a priority of yours, um, for a long time, and, um, I get it.
I, I will expect to see those apprenticeships and all, all the things to making sure that people in our district are being able to, um, take advantage of this opportunity, because it means a lot.
From Parkrose, from David Douglas, from Reynolds, I want the folks in our neck of the woods— and, and when I say neck of the woods, it is neck of the woods—.
Olivia Clark
Mm-hmm.
Loretta Smith
Um, that they have an opportunity to have an opportunity.
So thank you for bringing this forward.
Jamie Dunphy
Thank you, Councilor Smith.
Councilor Ryan, then Morillo, then Avalos.
Councilor Ryan.
Dan Ryan
Yeah, thank you.
Thank you, Council President.
First, congratulations to Portland State University on building a new student-centered performance hall.
I was so happy that you were successful in the last legislative session.
That was partly why we took the pause, was to let that get worked out.
It's really great news for the students at your fine university.
I'm thrilled with that.
I respect and personally know advocates on both sides of this conversation.
In my career, I spent 9 years at Portland State's Development Foundation offices.
In fact, my first position was in the School of Fine and Performing Arts, the first development director that was hired.
It was a couple decades ago.
And a couple years raising funds at Oregon Ballet Theatre.
If I was holding those positions, I would probably advocate for a yes vote today.
Today, I'm a member of the Portland City Council during a time of de-escalating value of commercial properties, a struggling economy, and escalating deferred maintenance of our assets.
Abandoning the Keller and our partners at the Halperin Sequence— thank you to all, to all the hardworking Halperin Sequence volunteers who have been at the table longer than anyone in this room fighting for the future of our performing arts center— and we would abandon that and jump into building a new facility that will add to our deferred maintenance.
Sameer Kanal
Councilmember Ryan.
Dan Ryan
Both choices offer a vision for the future of arts in our city.
I envision a full restoration of our current asset, Keller Performance Hall, across from our world-renowned public art jewel, the Four Court Fountain.
Some people call it Keller, located in the core of our downtown that has parking, hotels, and restaurants.
I don't want that area to go dark, and Keller is in the driver of foot traffic also for that core part of downtown.
I have faith we can be creative, scrappy, and innovative to both produce Broadway during that year of construction.
And, and so Portland Opera will continue to be subsidized by the traveling Broadway shows, and I have confidence that we will be true to the laborers during construction.
As such, the origin of this resolution is based on the fear of us not taking care of business during construction.
Steve Novick
Thank you.
Dan Ryan
Construction and the fantasy that we'll find $1 billion for 2 new large-scale performance halls that are not needed, as confirmed by staff today.
Time to be reasonable and improve on what we are already responsible for and not add further government-induced blight to a core area of downtown.
I'll be voting no on this resolution.
Jamie Dunphy
Thank you, Councilor Ryan.
I have Councilors Murillo, Avalos, and then Clark.
So, Councilor Murillo.
Angelita Morillo
Hi, thank you so much.
Um, I have a question for the city attorney, and I'll try to be quick.
Council President, I apologize, uh, the fire alarm went off in my building during the earlier question portion and I couldn't ask it.
Um, so is there a city attorney that's coming up right now?
Jamie Dunphy
Yep.
Angelita Morillo
Thank you.
Um, so I'll keep talking while that person is going up, but I just want to say that contrary to what Councilor Novick, uh, stated in his inquiry, I'm not worried that PSU is going to sue for a certain dollar amount and potentially win.
The question I have is actually more around the executive authority, because we saw that with the tennis center.
We were told as council the executive was not going to move forward in a certain way, and then they did that without us, regardless of what we had intended when we approved an amendment.
So the question to me on executive authority and whether what we are approving today empowers the executive to take certain steps without council consultation is what I'm asking for.
Are there any steps that the executive can take as a result of this resolution being approved that would bind council?
Robert Taylor
The steps that the— this is Robert Taylor, the city attorney.
The steps that the council could take would be constrained by the terms of this resolution.
This resolution says explicitly that no funding is being committed.
And so this is a different circumstance than the Tennis Center situation.
But in terms of this, this action, it really is, as, as DCA Oliveira described, it is just the, the choice of council.
Do we want to pursue more due diligence on the PSU project?
But it's not a commitment to actually go through with it.
It's not a commitment to fund it.
It's not an authorization to do anything more than that.
Elana Pirtle-Guiney
Okay.
Angelita Morillo
I think when we went through the Tennis Center debacle, even though it's not the same, it's similar because the amendment we approved did not bind us into privatizing our city assets.
And then that's exactly what happened without really a lot of consultation or discussion from council or frankly from our constituents.
So the pause that I have in this entire discussion is actually not because of PSU.
I think they've done a really good job trying to get the capital stack, show us that they are committed to finding that funding elsewhere.
And I share the concerns that my other colleagues have talked about, the longevity of the arts in our city and what this can do for students.
I'm more concerned about how our executive is interacting with the council, the legislative body.
So I guess a follow-up question on that is, Does this resolution allow for the executive to take steps that are going to bind us financially in the future, including how the executive is allowed to engage on this?
Robert Taylor
Uh, not again.
The, the scope of the executive's authority would be limited by the terms of the, the resolution.
Steve Novick
The—.
Robert Taylor
Under the charter, the, the mayor has authority to execute contracts consistent with So if funds have been budgeted, they could execute those contracts.
If a contract is executed and there is no budget authority for it, then the contract needs to be explicit that council at any time can decline to fund the commitments in the contract.
So for this resolution, it is very explicit in one of the be it resolved sections that this resolution does not commit any funding to the ultimate development.
So I think this is very, very clear in my mind as far as limiting the executive's authority to make any financial commitment.
Angelita Morillo
Okay, thank you, City Attorney.
I appreciate you putting that on the record, and I think we'll be able to pull that on later if we need to.
I— it's not lost on me that we're being asked to approve this, um, Keller, Moda.
I think very soon we're going to be asked to make upgrades to the Timber Stadium as well in the coming years.
And so we have a lot of major infrastructure projects that we are being asked to find support for that we don't really have funding for at the city.
We have laid off a ton employees.
We have cut core services, and frankly, our city is being hacked up and being sold for parts, including with the tennis center.
And so I have a lot of concerns about all of this long term.
What I am hearing from the city attorney is that this is simply going to be a convening to try to figure out some different options for that.
So what I want to say on the record right now is that I am okay with investigating options, but I am not okay with being financially or politically bound to approve this later down the line if it turns out the city does not have those those funds, because I, I am very worried that we are being constantly put in this political position of approving things and saying, don't worry about it, you're not bound to it.
But really, we are being politically bound to it in some ways.
Um, so I'm still quite torn on this, actually.
Um, but I do care about the future of the arts and the workers at these stadiums that are going to be, um, potentially put out of work.
Olivia Clark
So—.
Unidentified speaker
Yes.
Angelita Morillo
That's where I'm at right now, but I appreciate you clarifying that, City Attorney Robert Taylor, and I hope the executive has heard us loud and clear on this as well.
Thank you.
Jamie Dunphy
Thank you, Councilor Morillo.
I have Avalos, then Clark, then Green.
So Councilor Avalos.
Candace Avalos
Thank you.
If this— if you could stay up there.
Hi.
If this resolution doesn't pass, well, what authority do you think the city has If this does not pass?
Like, will the work to scope and talk with PSU still move forward, or will it end because they're waiting for this resolution to pass?
Robert Taylor
I think that's a great question.
I think that perhaps DCA Oliveira might be better equipped to answer that in the sense that Um, the administration, they can still have conversations, they can still engage in due diligence if they choose to do that or not.
The— I, I think the bind, the bind that they feel themselves in is they don't want to go too far down a path if they don't feel like there's majority council support for something.
They don't want to waste their time, they don't want to waste the community's time.
They don't want to waste their partner's time.
And, and, and so they, they kind of just want to know, is the game worth the candle here?
Do we want to go down this road or not?
That's what they're hoping to get from council, is a sense of, are we okay going down this road?
Candace Avalos
And when you say—.
Robert Taylor
And if, and if council rejects this or doesn't approve it, then I think the administration is, is is where they were 2 weeks ago, which is, well, we don't really know.
We're kind of stuck right now.
And they're not sure what to do.
They're not sure if there's support.
And I think that's what they're hoping to get from council, is just a sense of, is it worth going down this path or not?
Candace Avalos
So they're looking for council support of going down a path of exploring and getting the numbers and yada yada.
And also, per the amendments and the way that it's currently written, that it won't have financial commitments.
Now, you keep saying that, um, you know, per charter, the mayor and city administrator have the authority to move forward with funds that are budgeted.
So I guess let me explicitly ask, are there funds budgeted for anything related to this?
Because I keep hearing about this $44 million.
I genuinely don't know what that $44 million is, where it is, where it's coming from.
So I guess I want to understand explicitly Do you all already feel you have authority based on some money that's budgeted that I'm not aware of?
Donnie Oliveira
Thank you for the question, Councilor Donnie Oliveira.
We do not have any resources budgeted other than the staff time necessary to potentially do the work.
So there's not $44 million set aside, there's not a reserve fund, nothing's, nothing's, uh, budgeted.
Candace Avalos
What is the $44 million?
Unidentified speaker
I'll—.
Sarah Schwarz
I think what, uh, Sarah can speak to that.
Donnie Oliveira
It was just a portion of the What was necessary to commit the state dollars.
Would you want to speak to that?
Elana Pirtle-Guiney
Sure.
Sarah Schwarz
So as you may recall, there's a range of costs for the total city-owned venue between $358 and $448 million.
We were simply trying to establish an initial target, which would be 10% of the $448 million of the city's own venue, for us to begin work towards to show commitment on the city's part and also to give a sign of confidence to other funders that we would like to be in conversation with who are completely on hold until they have any sense that the city might be moving forward.
Candace Avalos
I guess then my question is, do you believe that the city has committed— the way that I heard that is that you believe that the city has already committed 10% of the capital stack.
Am I not understanding that right?
Sarah Schwarz
No, no commitments have been made.
And the reason we put that forward was just as a target to start working for as we're building the capital stack.
But there's no commitment from the city of any particular number.
It was just a place to start aiming towards in our conversations when we can get together in the room to begin figuring out the capital stack in the early stages of funding.
Candace Avalos
And it is— is it, I guess, because it's— you're saying it's a place to start from, so are you all— is it your desire that, that, uh, the city be 10%?
I guess I just feel like we keep dancing around it.
Like, do you want that 10% or not?
Is it part of the capital stack?
Is it Is it not the capital stack?
I guess maybe trying to understand what the capital stack is.
Does that include the pre-development or is the capital stack for—.
Unidentified speaker
It's the $44 million subtracted out of the total cost of whatever the project for the city-owned venue would ultimately be.
Candace Avalos
So then is there a scenario, I guess, that, you know, because again, I keep hearing that it's like we have, we want this 10%, that's how I'm hearing it.
But is there a scenario where you all, after we do all this, you know, work that you all come back and say, We found a, a billionaire who's going to pay for it all.
We found all these other sources of money.
We've got foundations, we've got private dollars.
Like, I guess I'm trying to understand what your intent is, because if your intent is that I'm going to go look for money for 90% thinking that I'm going to get that 10% from the city, that's what people are concerned about.
Because even— we're talking about $400 million, but even $44 million is a lot, right?
Olivia Clark
Yeah.
Candace Avalos
And I'm not prepared to give $44 million right now of the city's budget when we're looking at probably another $100 million in a deficit.
So that's why I just— I feel like I, I'm getting danced around, and I want to understand what is y'all's intent for what you're looking for from us at this phase, because I keep hearing that there's money that we are supposed to put up, like, for pre-development.
Sarah Schwarz
Total intent is to get in a room and start figuring out what money there may be available and how we put the package together.
The $44 million was simply a target to start working towards as an initial commitment that would signal that the city is all in on the project.
But that may not be the number, and when we get in the room, we may have a completely different path.
When I talk about other funding opportunities, they almost always are going to ask for some sort of match from the city because at this point in time, this is the city's own venue that we would be developing with you as a partner.
So I don't want to feel like there's any dancing around.
We would fully expect for the city to potentially fund the entire project.
Keelan McClymont
Thank you.
Candace Avalos
Do we think the city will have to do that?
Donnie Oliveira
No.
Unidentified speaker
We think there are a lot of different partnerships that are available.
But again, this resolution is our first chance to have permission to actually speak with the folks who can help us develop that and see what the possibilities are to bring back to you.
And I know there's a long list of questions that you all have in addition to just some of these numbers.
That's what we want to deliver to you in very short order to see if this is a go or a no-go for all of us.
Tiffany Koyama Lane
Thank you.
Donnie Oliveira
Councilor, we have not committed to any number.
We haven't had the conversation.
The 44 came from PSU from sort of a logic train that makes sense, but that isn't something that we've contemplated.
Candace Avalos
And, you know, I'm aware in general about like the concept of like matching and how that shows confidence to people to invest.
I get that.
But I think where like I'm at is I would much prefer That we not have to, like, I guess that's why I'm like, how are you moving past this point, right?
Are you saying we're going to get a match from the city and therefore, right?
Because if that's how you're selling it, then that is what feels to us like a commitment that we're making in this, in this phase.
And so that's what we're trying to ask about.
Elana Pirtle-Guiney
No sales.
Unidentified speaker
We need to get with the folks in the room and figure out what the possibilities are, and then we would take it to external partners, but only after it's been thoroughly vetted.
Candace Avalos
So there's a scenario where we do all of this and it comes back and we say the city is going to put zero and we're going to find the $440 million from somewhere else.
There is a scenario where that happens.
I guess I want to figure out what the— I hear that you want the money.
Sarah Schwarz
I want to find that billion-dollar donor too, so let's go do that together.
Um, I don't think that's where we're going to come back, and I think as long as we continue to say that this is the city's own venue, there will always be an expectation from anyone else who might participate in this project that the city will have some portion of investment into this project.
But this is the work that we're excited to do.
Candace Avalos
Thank you.
Last question, uh, for, uh, City Attorney.
What happens if the city— this, now when I say the city, I mean the administration et al.— does move forward with making some financial commitment, even though we are very clearly stating we don't want that, what is council's recourse in that scenario?
Robert Taylor
If, if, for example, the executive takes some action, signs some contract, for example, and council believes that there was not authority for that, then council by resolution could pass Could direct the city attorney to file what's called a validation proceeding.
So we would go to court and then put that in front of the judge and have the judge decide whether that contract was executed with authority or not.
Candace Avalos
Okay, well, you obviously hear our intent.
I don't, I don't think anybody wants to go down that road, but I had to ask in case we had to.
But the goal is that we don't go that road because you don't do that.
So that's my intent.
I'm with my colleagues and feeling very torn.
I did put up all those amendments to try to get myself to yes and Hopefully bring my colleagues along to yes, because in my view, when I was in committee, I was like, seems like this is moving forward, like at that point.
And so I was like, what can I do to protect the city?
Because I'm seeing the train rolling.
And I— that— so that's how I was approaching my amendments.
And so that's what I was hoping would provide some comfort.
And obviously we've had a dynamic discussion today.
So I'm going to wait to hear the final things.
Probably going to be a game-time decision.
Councilor Smith, But I do feel like I, I put some, some protections for the city, and I feel good about those, at least at this state, knowing that the intent is clear and that we're going to have something come back to us before we make, uh, a commitment on dollars.
So that's where I'm at.
Thank you.
Jamie Dunphy
Thank you, Councilor Avalos.
Colleagues, there are 5 more colleagues in the queue.
Again, um, Councilor Clark, then Green, then Kanal.
Olivia Clark
Thank you, Councilor President.
Um, just one little piece of information I believe that the city has put money in already.
It came from an old TIF district.
I think there's, what, $7 million that was dedicated to this that we haven't talked about at all, but that was a previous council, previous decision.
But there, there is a little over $7 million coming from the old South Waterfront TIF district, I believe.
Donnie Oliveira
Correct, Councilor— Vice President, excuse me.
Um, but that money has, has been sort of amorphous in terms of where it could go.
It's tentatively placed if this project were to go forward, but there's, again, a lot of work to be done to sort that out.
I would caution on saying that that's a guaranteed committed resource.
Olivia Clark
Okay, well, I just knew it was hanging out there.
I just want to make a couple of comments.
I—.
And I've already spoken, but when I first saw the plans that the Keller Group came up with, with Michael Curry and with Stew Fish, the redesign, Um, including the, the fountain and the closure of Third, I thought, this is brilliant, this is fantastic, it's wonderful.
Um, and I, I've been trying to thread the needle ever since then because I've been very supportive of, um, redoing the Keller.
Um, and unfortunately, I, I feel like this has become sort of a Sophie's Choice, and it really shouldn't have been.
We should have had a better partnership from the beginning.
But now we have the resolution.
It's been amended gratefully by, um, Councilor Avalos and myself to include the Keller and to include some sideboards.
So it's really, um, to support advancing planning and pre-development, getting information for a potential— and I emphasize potential— Broadway-capable venue.
Um, just want to make that really clear.
Dan Ryan
Thank you.
Olivia Clark
You know, upon reflection, it's been hard for me because I've been sort of the person who talks the most about taking care of what we have, our asset management, and we have not taken care of the Keller, and it wouldn't cost that much to really make it a better facility.
We can still do that as we've amended this resolution.
But I don't really understand why we have to have a resolution to answer all these questions.
Unfortunately, we do.
Councilor Smith, I think you're Unfortunately, but I appreciate that it helps PSU obtain the legislative commitment, continue their philanthropic activity.
I appreciate that.
I support that.
I respect that.
If only I could channel Bill Naito, and I think that he would say, let's do both, as somebody mentioned earlier.
But having amended the resolution, Um, and having Candace, um, or Councilor Avalos's amendments, I, I think it's okay to investigate the options because we have sideboards, we have protections.
However, I will predict that we will be here in December with the answers to our questions, um, but, um, about the city's potential obligations, but the material circumstances are not going to be different.
We're looking at money for the MOTA.
Keelan McClymont
Yes.
Olivia Clark
We're looking at new management for P5.
We'll be staring down a potential $100 million budget deficit.
Councilor Murillo actually mentioned the Providence Park upgrades that need to be made.
So I think we're going to be back right in the same place that we are, but we'll have more information, and that's not a bad thing.
So at the same time, I think I agree with Councilor Ryan, that I hesitate to think what the Portland taxpayers are going to think about this right now, further obligating the potential obligation of city funds.
So I'm uncomfortable with this situation, but I'm trying to thread the needle.
I've been trying to thread the needle from the very beginning, so I'm going to be in support of the resolution.
Jamie Dunphy
Thank you, Vice President Clark.
Councilors Green, Kanal, Smith, and Ryan.
So, Councilor Green.
Mitch Green
Thank you, Council President.
And I know that this has gone on far longer than you, you want, um, and, uh, in that spirit, I'll try to be brief.
Um, when we went through the MOTU conversations, um, I heard from my District 2 colleagues a deep fear and anxiety of a neighborhood going dark.
Of a venue becoming vacant and sort of the impact, the local, hyper-localized impact of that in the Keller.
And so I kind of hold that here at the same time in the same kind of way.
And I think that's where a lot of my apprehension comes from by sort of trying to greenlight this resolution.
DCA Oliveira, you said something that was very poignant though, and I really appreciate it.
And I want to make sure everyone caught it, which was you didn't feel like you could go out and do these negotiations unless you knew that City Council could support that.
And I actually think that's a strong signal.
That's— I want to validate that signal because I want— for something of this magnitude, I want you to come to Council and ask how we should proceed.
That's, that's how we bring the democracy into the building.
So I didn't want that to get lost.
And so there's been a pretty rich conversation here over the last hour almost.
Um, I, I already raised concerns about, um, process and how, how one decision leads to another, and then pretty soon your cost centers have grown in the City of Portland.
And that's, that's on the record, and we have to deal with that, and we have to address that.
And I think, um, Councilor Clark, you made some points just a moment ago about, um, We've already amended this piece to provide some very firm guardrails and some sideboards into it.
And you're right, in a couple months, we're probably going to have the same conversation and be presented with the same material conditions.
But maybe we'll have more information on the asset management plan by then.
And maybe we'll be able to contextualize this stuff and contemplate asking voters whether they want to have a say in how to fund this.
Thank you.
Dan Ryan
This.
Mitch Green
Because I think what we've found when we poll them is if we can point to very clear benefits, they're much more supportive of saying yes to things.
But they don't trust us to necessarily steward their funds right now.
And so this messy conversation is part of earning that trust back to steward those funds.
It's also not lost on me that right now as we speak, I think SEIU 503 members are having a rally at Portland Portland State University over a contract.
And, you know, so in the context of workers and labor standards, you know, taking a decision on this without naming that is something that we must do.
I also heard from some workers who have pinched nerves because they— the work that they experience as stagehands is dangerous.
It's onerous.
And so I'm holding a lot here.
And I think that Councilor Kanal, you had sort of really broached, got us down this path where we laid into the record the chief concerns about this balance between executive purview and council intent.
And so I think in the context of that, I'm in a place now where I can support this resolution.
Jamie Dunphy
Thank you, Councilor Green.
Last 3 colleagues, we have Councilor Kanal, then Councilor Smith, Councilor Smith and Councilor Ryan.
Councilor Knoll.
David Dysart
Thanks.
Sameer Kanal
Um, I actually have questions for both of our folks here, but also Jonas, uh, our CFO, uh, Biery.
Um, we had this conversation, uh, Robert Taylor mentioned that, um, contracts are okay if they're within the, the, the scope of what money is budgeted.
Is any money budgeted right now definitively?
And I don't just mean $44 million.
Is, is one penny Councilor, um, I'll—.
Jonas Biery
My understanding is no.
I can't answer whether there's any operational dollars.
I believe DC Oliveira mentioned there is some staff resources to accommodate this work, but to my understanding, there's no, um, capital or project dollars that are committed specifically to this project.
Donnie Oliveira
With the caveat of a TIF action plan for the South Waterfront, which is a potential use But there's still steps to realize that.
Sameer Kanal
Yeah, thank you for clarifying that.
I know Council Vice President Clark mentioned that as well.
Given that, to Robert, would it be legal if a member of the administration committed to anything beyond staff resources or the TIF dollars based on the answers we just got?
Robert Taylor
I mean, it would depend on what they wanted to do.
So for example, you could execute a contract that says all of this is subject to council approval.
The funding would be subject to council approval.
That would be a contract that could be entered, but it would still preserve your council's ability to make the funding decision.
Sameer Kanal
Okay, can I ask, would, if that were to happen, the example you gave, Would it have to be explicitly mentioned in the budget to do that?
Because I've noticed that there are things which are in documentation that does not end up in the budget that comes to us for a vote.
So we get these like A through J exhibits, right?
And then there's questions that we ask that are dug into in spreadsheets that exist elsewhere.
So is it possible that a contract with that caveat was put into place, and then a budget that doesn't include that was given to us for, uh, proposed to us by the mayor, voted on and approved by the council, and then later we find out that it wasn't in these documents, it was in these other documents that are not on the council item, that there was money budgeted towards this?
Robert Taylor
Yeah, I mean, it's— I think you're asking a question about the The budget process that we go through and the contracting authority based on what's in the budget.
I think that's a much broader conversation, and I'm hesitant to give you a broad legal response to that broad hypothetical here, but I'd be happy to engage in more conversation with you about that.
Unidentified speaker
Thank you.
Sameer Kanal
Yeah, and I would love to just to put on the record the concern is that we effectively have unitary executive theory here where if it's not explicitly banned, it's just happening.
The tennis center is the most egregious of these things, but that's, that's my concern.
And I brought this up in several budget meetings and been told it's not actually a big deal that there's things that aren't in the budget that you're voting on.
I, I think that's a, a pretty big deal in my opinion.
Um, There was a comment that you made, DC Oliveira, about evaluating if there's money available.
We just went through this with Moda.
Who decides if there's money available?
Because it appears to me, looking at that one, that the $120 million— that all these dollar amounts were basically 3 executives sitting in a room and saying, what, what is— what do I think I can get out of my, my legislature?
Um, and that wasn't 100%.
I mean, at least the governor at least talked to the legislature about it first.
Elana Pirtle-Guiney
Yeah.
Sameer Kanal
But the county chair does not appear to have.
I don't know.
Mayor certainly didn't.
So who's deciding if it's available in this back room that we're authorizing?
Donnie Oliveira
Yeah, thanks for the opportunity to clarify that, Councilor.
What I was trying to speak to is sitting down with PSU, evaluating the capital stack and the options, and seeing what, you know, what amount the city would need to contribute, whatever that number may be.
Um, but going back to the— what the language is in the resolution, Surely working with CFO and his team, we'd have to contemplate options, but I don't think we're going to be deciding what resources are going to this until we even understand what the city contribution might even need to be.
We might, we might get to the, um, the table with PSU and to Councilor Avalos's, uh, concept, we found somebody to fund the whole thing, so the city contribution is zero.
That's great.
Or we have a scenario where it's, it's the full $440,000, and we come back to you all like, hey, we have to find $440 million.
This is what it looks like.
That seems like an easy no for you all.
Within that process, we're absolutely going to be working with our finance team about scenarios.
Is it bonding?
Is it whatever it may be, right?
Um, that's— it's premature for me to even speculate because we haven't actually sat down yet.
But I think what you're getting at, if I can just be more explicit, is I don't think it's our decision to decide what the funding source is on this particular case.
I think We're going to be coming to you with the range of options, ideally with a target that is reasonable.
Because there's a scenario where we even— we don't come back on December 1st because we couldn't get to a number that we think would reasonably deliver on.
Does that make sense?
That's a real possibility.
Maybe my colleagues at PSU are kind of cringing at that, but there's a scenario where there's a December 1st discussion about how we couldn't get to a deal.
Mitch Green
That's feasible.
Dan Ryan
Thank you.
Robert Taylor
And if I can just respond to the unitary executive comment.
I do think, you know, we're 2 years into this almost, and I do think that it— I do think many of you have noted the tension between the legislative and the executive.
I do think that that's a real tension.
I do think that that's something that we need to continue to work on as a city.
Thank you.
Um, and I think it's important to note that by charter we have a divided government.
There's a legislative body and there is an executive body, and they are given separate authorities.
Under the old form of government, every contract would have to come back to council for approval, or most of them would.
And, and The, the charter, by, by its terms, says we don't do that anymore, that the mayor can execute contracts as long as it's consistent with the budget.
So that was a choice that the voters made.
The voters also made that choice to have a divided legislative and executive branch.
We, we don't have a, a council-manager form of government.
Donnie Oliveira
Right.
Robert Taylor
We do not have that.
We have a divided form of government.
And so I think that's important.
Now, I think the other piece of this is we have a long history here at the city of doing what's called bulk appropriations, where the budget decisions are made at a very, very high level.
And then that gives the executive a lot more discretion about making those spending decisions.
And that's something we've gone through a couple of times in the budget process.
There are ways for this council, using their budget authority, to be more restrictive and specific about how you make spending decisions within a bulk appropriation context.
You can also, if we decide to, we could go to a line item budget where council makes individual spending decisions and then the executive is bound by that.
So there, there are— I think that's a good idea.
There are ways to change both the budget process and honor the division and separation of powers in our charter.
Steve Novick
Thanks.
Sameer Kanal
My last question, I guess it's for all 3.
To the best of your knowledge, has it ever been asked about by anybody, suggested, floated, any reference to Portland Clean Energy funds being used for this?
Donnie Oliveira
Uh, in the original RFP that went out in 2023, my staff can correct the exact date, the projects were, um, asked to kind of contemplate capital stacks.
And I think in a couple, Clean Energy Fund was just noted as a possibility, but this was like a, you know, dream, you know, dream casting.
They were just like, you know, ideating.
There was no commitment to that.
It was just sort of how might it look.
Yeah, I think that's a good point.
So you might find some reference to it in some of the proposals going back, you know, a couple years ago, a few years ago at this point.
Wow, 2026.
Jamie Dunphy
Anything else subsequent to that?
Donnie Oliveira
To the best of my knowledge, that's the, that's the last time I can think about it coming up.
Jonas Biery
Councilor, I'll just acknowledge as well, I think you're looking at me for an answer as well, if I'm reading the room.
Uh, uh, thank you.
Um, to my awareness, uh, no.
But as was mentioned earlier, I'm not involved in the details of this.
I do wanna acknowledge in response to your question and the City Attorney's response, just to be very clear for the public that the administration cannot spend dollars that are not appropriated in the budget and authorized by Council.
So I wanna be very clear for anybody who's paying attention that we follow state budget law, we follow the state charter.
I appreciate, and as the City Attorney acknowledged, there's probably differences of thought about the level of gradient detail.
Jamie Dunphy
Yeah.
Jonas Biery
Also just acknowledge we're having a work session tomorrow afternoon in this room to talk about budget process improvements, and I would welcome that conversation as part of that work session tomorrow.
Thank you.
Sameer Kanal
Thank you.
I appreciate all those answers.
I did want to say I'm looking forward to having the conversation in a few years about Providence Park, since that was referenced by Councilor Murillo as well, and that I'll be a no on this today, but I look forward to being a yes on this if we get something good back in December.
Steve Novick
Thanks.
Jamie Dunphy
Thank you, Councilor Kanal.
Colleagues, programming note, it is currently 12:40.
We are, uh, extending this meeting until 1:30 to try and get through as much as we can do it, but we still have the Zenith item first reading and 5 foreclosure items to try and get through.
I imagine we will not get through all of that today, so I am limiting debate in the queue right now.
Uh, Councilor Koyama Lane will be the final person to, uh, speak on this item, and then we'll move to a vote.
Councilor Smith, Councilor Smith, then Ryan, then Koyama Lane.
Councilor Smith.
Loretta Smith
Thank you, Council President.
I just want to remind you all that experience does matter.
I put an amendment to the budget for the '25-'26 year asking that my councilors approve an amendment that would have all contracts come before council that are over $50,000.
And since we did not have— the mayor breaks the, the tie rule.
It didn't pass.
So we're coming back today and constantly saying the administration is doing this and that.
Well, it's in the, it's in the, the, uh, charter that the mayor can.
He can actually go into a budget that's already been approved and rearrange them and say this is not what the priority is, and he can use those funds.
And so for me, it's, it's kind of like a moot point.
We can't have one, one, um, we can't have our cake and eat it too.
You want to, you want to look at everything, but you don't want to go through the process to, to make sure that we can look at everything.
So I would, um, encourage and urge, because I'm not doing it again, um, and we'll have a 6-6 vote again, and then the mayor will break the tie, and then everyone will be all upset again.
So So I think that we need to get the information, make sure that we know what's coming forward, what the possibility is.
I would like to actually change the date because if we don't have those numbers or an approved term sheet for Moda Center, we're going to, we're going to be up A creek.
That's all I want to say about that.
We're going to be up the creek because I, I don't see how we come out with that and we don't have an approved term sheet.
Because where, where, where is the money coming from?
And the longer that we keep debating this point about the money and where it's coming from, we all— I think I took a consensus, um, Councilor Novick, of the, of the council And I think we are all concerned about where those dollars are coming from.
And so just remember, um, votes have consequences.
We can go back and redo some things, and we can have everything come before us, and we can just change this.
Um, or we can approve this today, wait to see what the capital stack looks like, and say this is something that we can do.
Keelan McClymont
Thank you.
Loretta Smith
Thank you.
Jamie Dunphy
Thank you, Councilor Smith.
Councilor Ryan and then, uh, Koyama Lane.
Councilor Ryan.
Dan Ryan
Thank you, Council President.
Just a couple level-setting questions since we're here, um, and that is, please, please confirm that Portland State University owns the property that we're discussing of the site of this performance hall.
Donnie Oliveira
That is correct.
Dan Ryan
That's correct.
Okay.
And the scenarios that I think are making people feel better to vote on this is that we won't be responsible for any, uh, money to build this.
I agree with you, Sarah, that of course you want 10% from your public partner.
That's what a person in your role would say, and I appreciate your honesty.
So, but if the scenario comes to fruition that we're not in it for even a penny, um, does that mean that wouldn't PSU then own the building?
Sarah Schwarz
Well, I think that's a decision tree for another day.
I would really love for us just to give a good run Figuring out what the path forward in partnership with the city could look like following this resolution, and then come back to you, Councilor Waring.
Dan Ryan
We just have to surface reality now and then.
So if in fact we're in this agreement and we provide zero to your capital stack, I predict that you would want to maybe own the building.
I don't know, I'm just saying.
And at least we won't be responsible for the deferred maintenance.
But, um, I just had to make sure we daylighted that reality.
And that's all.
And we did have conversations for history's sake about peace epiphany for Keller.
Why Keller?
Because it's a full restoration.
And the people on the committee at that time signaled that's preferred than new— over new construction.
Okay, thanks.
Wanted to give you that.
And we were ready to make a decision, but elections got in the way, if you will.
Just thought I'd tell you that.
So we ended up extending this.
There were 2 outstanding candidates, one that was involved A few years before PSU, and then it opened up to include PSU.
That's probably why I like to mention the Halperin folks, because they've been working on this, developing their own capital stack to do a full restoration of the Keller in a core part of our downtown.
Thanks.
Jamie Dunphy
Thank you, Councilor Ryan.
Councilor Cleomalean, last word.
Tiffany Koyama Lane
Thank you, Council President.
I appreciate the conversations being had.
I appreciate the work that was done in committee and the amendments that Councilor Avalos brought.
I know there's been work on this, and I love PSU.
I love the arts.
I'm very supportive, and I am leaning no on this.
And there are many different things that my colleagues have brought up that are reasons for that.
And one of them also is I just left for a little bit to go to PSU campus to I'm going to need to speak to SEIU 501 classified staff who are getting ready to strike for fair wages and job security and dignity on the job.
They are the classified staff at PSU.
And so when they're not getting those needs met from administration, I'm going to need to have some questions answered before it's feeling like there's space to be doing extra.
So at this point, I'm a no and look forward to further conversations that might happen.
Jamie Dunphy
Thank you.
Thank you, Councilor Koyama Lane.
Keelan, can we please call the roll on the resolution?
Keelan McClymont
Document number 2026-270.
Koyama Lane?
Tiffany Koyama Lane
No.
Keelan McClymont
Murillo?
Angelita Morillo
No.
Keelan McClymont
Novick?
Steve Novick
Aye.
Keelan McClymont
Clark?
Olivia Clark
Aye.
Candace Avalos
Aye.
Jamie Dunphy
Aye.
Angelita Morillo
Aye.
Unidentified speaker
Aye.
Steve Novick
Aye.
Jamie Dunphy
Regrettably, no.
Loretta Smith
Aye.
Dan Ryan
No.
Aye.
Keelan McClymont
The resolution is adopted with a vote of 8 ayes and 4 nays.
Jamie Dunphy
Thank you very much.
Can we please move to item number 14, document 2026-263?
Keelan McClymont
Consent to franchise transfer from Zenith Energy Terminal Holdings LLC to ISQ Springer Holdings LLC, amend ordinance 188554.
Jamie Dunphy
Colleagues, we continue this as a first reading.
We heard public testimony and began public discu— or council discussion of the Green-Murillo 1 amendment.
We are still in that motion at this time.
I want to extend the courtesy to Councilor Green to give us any updates of where we are.
Mitch Green
I'm actually going to pass that to Councilor Murillo, who's going to pick us up where we left off.
Jamie Dunphy
Perfect.
Councilor Murillo, please go ahead.
Angelita Morillo
Thank you all, and thanks for your patience over this discussion.
I think it's something that's really important to the public.
We brought forward an amendment, so I'm just going to sort of level set some of the things that had been said last week so that we can remember where we are.
So our amendment allows us to bring a citizen suit, and last week we heard that citizen suits can't enforce city contracts.
Our citizen suit provision uses one of the oldest tools in contract law, which is naming a third-party beneficiary here who's going to be the public who can enforce the agreement.
Tiffany Koyama Lane
Thank you.
Angelita Morillo
And private parties do this every single day.
Courts have called citizens the principal beneficiaries of city franchises for decades and have allowed them to enforce contracts between a government and franchisee when there is intent for that to occur, as our amendment proposes.
In fact, courts have held that the company operating under a franchise takes on duties to the public beyond an ordinary contract.
A franchise is exactly where public enforcement belongs.
Thank you.
We also heard that citizen suits bring environment— belong to environmental law, not to franchise law.
And while that might feel like a lawyerly distinction that we want to make, it's not, because the tools in a contract follow the risk in the contract, not the label of the COVID We put arbitration clauses into employment agreements and seismic standards into housing leases, and nobody objects that we've mixed up our areas of law when we do that.
So what is inside this franchise that I think council needs to consider is the risk.
Portlanders are not going to experience risk as franchise law or environmental law.
They experience it as fuel moving under their streets, and the only thing that protects them is whether someone can hold the operator to its contractual safety commitments.
Congress built citizen suits into the Clean Air or Pipeline Safety Act, an act governing pipes like these.
For that exact same reason.
We also heard that citizen suits are unnecessary because the franchise agreement already has mechanisms to hold the franchisee accountable.
But what we've seen is that these mechanisms are not sufficient.
Zenith enforcement under the franchise agreement found zero violations, while the state found many violations, and they found that there were years of unauthorized operation at this facility after reports from citizens.
When Congress wrote the Clean Water Act, it included full government enforcement powers and added citizen suits as well, because remedies on paper don't, don't enforce themselves, and agencies run short on staff, budget, and sometimes we are unable or unwilling to enforce them.
We just experienced that with Zenith.
We also heard that citizen suit condition is not related to I Squared's qualifications.
The clause says conditions must relate to the buyer's qualifications to perform according to the terms of this franchise as council deems reasonably appropriate.
I think that's a good point.
So the question is, what assurance do we have that I Squared is going to perform?
With Zenith in 2018, the city at least had years of operating experience with Zenith, and even that did not protect us.
This buyer has no experience in Portland.
Its qualification submission is based on promises and its parent company finances.
A promise is only as good as your ability to hold the maker to it.
Oversight is what turns a promise into a qualification.
Dan Ryan
Thank you.
Angelita Morillo
And for a buyer that has no intention of breaking the law, this provision doesn't cost a dollar to them.
We heard that I Squared might reject the citizen suit condition and the sale collapses, but we haven't even had the opportunity to talk to them.
I emailed Jules Bailey earlier last week and I did not hear back from them.
This condition is not going to kill the sale.
Only I Squared can do that.
And by refusing a term that costs a compliant operator nothing, they are going to be violating the law.
Elana Pirtle-Guiney
Thank you.
Angelita Morillo
Last week, I Squared stood at the dais and volunteered an annual public report of its fuels, its— and its emissions.
A company that volunteers transparency should not fear enforcement.
If they would walk away from this purchase rather than be held to their contract, that isn't a risk that's created by our amendment.
In fact, that's the most important fact that we could learn before handing them the life and safety of thousands of Portlanders.
Tiffany Koyama Lane
Councilmember Herbold.
Angelita Morillo
I squared's rejection of the transfer with a citizen suit condition stops nothing.
In that case, the question of transfer consent comes back to this council, and we can act on it again within weeks or whatever terms we choose, including without the citizen suit provision.
We get to control the agenda as council.
Engaging in a good faith public process is not an unreasonable delay.
We've also heard from some of our colleagues that we should just wait, approve the transfer now, and do citizen Today is when we have leverage.
The buyer accepts this term and it becomes part of the agreement.
Later, it's the city rewriting a signed contract, which tends to be the kind of thing that gets struck down in the courts.
So we'd be rejecting the strong version now for a weak version later, and when later comes, we'll be told we can't vote for it because it's weak or unworkable, and we will forever be in the position of never Second, later doesn't have any leverage.
The city attorney told us that the path to doing this condition, if we wait until after we approve the transfer, is mutually agreeable amendment.
What makes it agreeable to a company that has everything it needs from us for the next decade?
Third, if we approve this transfer, we certify this buyer as qualified without any assurance mechanism.
Our own vote becomes the first piece of evidence against the future ordinance asking for more conditions.
Tiffany Koyama Lane
Councilor Smith.
Angelita Morillo
If we don't pursue the citizen suit condition, where does that leave us today?
Citizen suits are not new.
Courts have let the public enforce city contracts for a century, and Congress has been writing citizen suits into law for decades.
And they cost nothing to a company that intends to follow the law.
So, colleagues, I am moving this item— I am moving to continue this item for 2 weeks so that we can have our city leadership, including our city council, Start conversations with I Squared principals to encourage acceptance of the citizen suit condition and complete this transfer.
In communication with the city and our body, I Squared has repeatedly stated that they will operate this site responsibly and in accordance with the law.
As a body, our duty is to the constituents we represent, and our constituents are struggling to find trust in the governance of our city.
We should engage in conversations.
With I Squared to help them understand how this condition we are proposing is the best way to ensure that they, as an entity seeking to operate in Portland and the city, are showing up as partners to promote the public's trust.
We have the authority to set this condition as council sets conditions it deems reasonably appropriate, but authority is exercised through engagement, accountability, and commitment to partnership.
We can be built— we can continue to rebuild the public's trust today.
Loretta Smith
Thank you.
Angelita Morillo
And so, colleagues, I would really hope that this amendment is something that we can discuss with I Squared before we just vote it down and don't do any of our duties.
Thanks.
Jamie Dunphy
Thank you, Councilor Morillo.
So, colleagues, we are in the motion to the amendment.
We are unable to entertain additional motions until we move on from this amendment.
And so to the amendment, Councilor Ryan.
Okay, Councilor Novick.
Steve Novick
Second, it is— there is a difference between a citizen suit clause in a statute of general applicability and a citizen suit clause in this situation.
This is— we're not talking about a statute of general applicability.
We're talking about an agreement between 2 parties.
And normally the people who enforce agreements between 2 parties with lawsuits are the parties to that agreement.
I think that's a fair point.
Yes, there are such things as third-party beneficiaries, which have a right to sue in certain circumstances, like when there's a creditor of the promisee in a contract and the promisee owes them an existing financial or legal obligation that the promisor is paying off.
That is not this case.
What if the— if I— if this agreement is violated by Zenith or If we adopt this amendment, we're essentially saying we, the City of Portland, do not trust ourselves to enforce this agreement, so we're outsourcing enforcement to the general public.
We'd essentially be announcing we are a dysfunctional government.
Jamie Dunphy
Thank you, Councilor Novick.
Councilor Ryan.
Oh, there we go.
David Dysart
Councilor Ryan.
Dan Ryan
Oh yeah, I did jump in.
I unfortunately couldn't attend the executive session, so I want to take a breath here to make sure that I, um, I know that you all received some information.
So, um, I will, um, connect with, um, a staffer before I ask my question.
But, um, yeah.
Jamie Dunphy
Okay, thank you, Councilor.
Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
Thank you, Council President.
Um, as you all remember, we went into exec session last week in the middle of talking about this amendment, and at that time I had a few technical questions, the answers of which I'd hoped would lead me to be ready to vote yes.
But coming out of that session, based on the advice of our attorney, it is my understanding that this amendment is not legally permissible, that this amendment crosses the line from a condition of the contract and goes farther than we can legally go.
That means that this is not a policy call, but a matter of whether I trust our attorney's legal advice.
And while there are times where many of us have disagreed with our attorneys, Councilor Smith.
Generally feel that we need to listen to the folks who are going to have to represent us.
There are a number of choices coming before us over the next 6 months where we will be looking at the future of the CEI Hub, and there is much work to do there.
But on this amendment, I feel as though I need to follow the advice that was given to me and vote no.
Councilor Smith, thank you.
Jamie Dunphy
Thank you, Councilor Pirtle-Guiney.
Councilor Morillo.
Angelita Morillo
Yeah, thank you, everyone.
Um, everyone should have received a legal memo in their inboxes from other land use attorneys, uh, on this very issue.
I recommend people read that, and it's very clear to me that people have not read that.
Um, that's also part of why I understand we're in the motion for the amendment right now, but that's also So why I recommend that we actually table this discussion, have the time to talk to I Squared about this and continue the negotiations, because it's clear that we're not ready to have this vote.
Um, but, uh, I will say again, in my speech I said it before and I'll say it again, there are third-party beneficiary contracts in the context of franchises.
Um, and that was also addressed in the legal memo that was sent Have residents enforced contracts between a city and a franchise utility?
Yes, in several states going back to the 1800s.
And when an agreement's own language said residents could enforce it, the court enforced it as written.
What we haven't found is a city franchise that assembles the package exactly the way this one does, which is the notice first, a cure window, recovery defined, Etc.
But those guardrails aren't ours either.
That's how Congress has built enforcement into environmental law for 50 years.
So no, we didn't invent anything new here.
Every piece is settled law, and we put it into a condition.
That's how contracts work.
And if courts will find citizen enforcement in contracts that never said it, there's nothing radical about a contract that says it.
All we're doing is removing the doubt.
Keelan McClymont
The—.
Angelita Morillo
It's not about whether or not we have a functional or dysfunctional government.
This is an additional enforcement layer so that should our executive fail to enforce this contract, then the public has other recourse.
And again, this has been established in law for a very long time.
So the public deserves to have as many options as possible when it is their lives that are going to be impacted by this.
And I will also say, I'm very surprised to hear that people are just taking I Squared's word for it for how they are going to run the facility.
I think that's a fair point.
Yes, Zenith was running it poorly.
Yes, they got away with a lot of things.
And to think that a company is just going to come in and we're going to buy their advertising when we know next to nothing about them is extremely absurd to me.
We have to examine who these companies are, what they're going to do, how and why, because this is the number one issue that's going to impact the city.
And it's It's something that people are only going to understand once an earthquake actually happens and the entire Willamette River is poisoned and our city is on fire.
That is really what's at stake.
And I know some of the I Squared folks in the audience laughed last week when I said that, but that is not an exaggeration.
That is what is on the line here.
So, um, I just want to say, colleagues, that I really hope that we can actually try to push this.
Um, as the memo discussed, this is a reasonable condition.
And we are empowered to impose reasonable conditions on a franchise transfer.
Thank you.
Jamie Dunphy
Thank you, Councilor Morillo.
Councilor Green.
Mitch Green
Thank you, Council President.
Um, you know, Councilor Novick, I just want to respond to the comment on, um, whether Portlanders think that this is a functional government or not in the context of adopting this.
I actually think there's a lot of Portlanders who don't think that we're a functional government because we failed to do proper oversight and hold ourselves accountable.
And that's something that we also need to take to heart.
And it's a very urgent concern, I think, for a lot of Portlanders.
They do want Zenith out.
And the advocates who are asking for a third-party supervision also want Zenith out.
And they don't probably love this transfer at all, but they are willing to accept that if we can put this condition on, then we can bridge that gap and, you know, send a signal that the city is willing to make movements towards, you know, holding its own self accountable, frankly.
So I think the eye is in the beholder on that one, on what is a functional government or not.
But I think I want to go to Councilor Pirtle-Guiney.
Loretta Smith
Thank you, Mayor.
Mitch Green
Your position is whether you like it or not, you just don't think this is appropriate condition for the scope of the franchise.
I think it is.
And I think it is because as I read the franchise agreement, it says, you know, the city may condition any transfer of this franchise upon such conditions related to technical, legal, and financial qualifications of the prospective party to To perform according to the terms of this agreement.
And that's an important piece there.
And then it finishes by saying, as it deems reasonably appropriate.
So it's the council adopting an ordinance.
Jamie Dunphy
Yeah.
Mitch Green
So it's the city council that's making the judgment on what is reasonably appropriate.
As far as I'm concerned, reading the application, reading the structure, the very many-layered, Degrees of separation and holding companies on this structure, I have open questions on whether they have the legal capability to perform.
I have no doubt that they have good lawyers, and I know that they're registered in the state of Oregon, but that's not the same as being able to perform to the terms.
And so I think, yes, to Councilor Murillo's points, it's not enough to just I think we should just accept assertions of saying we're going to be better.
Like, I hope that's true.
And I think this is a reasonable condition.
I think it's valid in the context of franchise transfer.
And I think if we, if we move forward without placing some conditions on this, I think that we're going to do damage to the trust in government that is frankly pretty fragile.
So.
Jonas Biery
Thank you.
Mitch Green
I, and I think it's worth trying to get I-Square Capital to agree to this.
I actually don't know why they wouldn't.
So, um, I don't know if that's the motion on the floor, more of an appeal, but, um, I'll leave it at that.
Jamie Dunphy
Thank you, Councilor Green.
Councilor Zimmerman.
Eric Zimmerman
Just wanted to check in with you, Council President, in terms of, uh, where we're at and your intent on how long the council goes today.
Roger Wohl
Uh, I am—.
Jamie Dunphy
We are going to— we must be done at 1:30 today.
Eric Zimmerman
Okay, I'd like to limit debate to the I'm going to go ahead and limit debate to those in the queue.
Jamie Dunphy
Thank you very much, Councilor Zimmerman.
Councilor Ryan.
Dan Ryan
Yes, thank you, Council President.
Um, we've been on this issue, uh, this legislation since July 23rd, and it was requested by the staff a month earlier than that.
So the slow walking of this legislation, um, is noted, and congratulations to those in opposition for successfully doing that.
Um, I want to thank you, Councilor Pirtle-Guiney, for affirming my read.
Um, I did discuss with my staff further, um, when this amendment was first proposed.
Um, so I will not, uh, be supporting this amendment.
It's too financially risky.
Um, time to vote up or down on this legislation.
I'm glad we're limiting debate.
Thanks.
Jamie Dunphy
Thank you, Councilor Ryan.
Councilor Murillo, last word.
Angelita Morillo
Councilor Ryan, I know that you are constantly centering the perspective of oil companies because I remember when I was chair of the—.
Jamie Dunphy
Councilor Morillo, I find that to be impugning the character of a colleague.
Please.
Angelita Morillo
Okay, well, he impugned our character when he implied that we were specifically slow rolling this, and that is a comment that puts the city at legal risk when that is not true.
So he was impugning our character.
I hope you'll hold him accountable for that as well, because it is common for agenda items to be put on the council within 90 days.
And there were, as you have seen, everyone in the audience and right now, a lot of delays due to a lot of the long speeches that people give.
So to say that this was intentionally done to put the city at financial risk, I think is impugning our character.
But I want to address a few of the other more technical things then while we're at it.
The idea that I Squared is going to operate differently because of their own advertising doesn't make any sense when we know that a lot of the employees that work at I Squared are carryovers from Zenith, if not the vast majority of them.
So we have an opportunity to actually add accountability into this franchise agreement, and I don't know why we wouldn't take every and any step that we can to protect The franchise agreement transfers are legislative decisions that belong to us as council, and why this council repeatedly refuses to use our authority or to say that there is always a better time to do something is extremely frustrating.
Council is authorized to, to impose conditions on this franchise transfer, and we have done so.
Jamie Dunphy
Councilor Smith.
Angelita Morillo
And a citizen suit is a condition, and it's related to the qualifications of the prospective party to perform.
The citizen suit condition changes no terms of the franchise, so there is no need to renegotiate.
It is an additional condition, and the citizen suit condition is reasonably appropriate.
So doing legislative process, having public process, is not unreasonable.
It's not an unreasonable delay.
And it's not purposeful.
This is part of our duties as a council to do oversight and to do our due diligence for Portlanders, not for an oil company's, uh, ease of transfer.
We have a responsibility here to Portlanders today, and if other people are going to impugn my motives, then I hope you hold them accountable too.
Thank you.
Jamie Dunphy
Thank you, Councilor Morillo.
Keelan, can we please call the roll on Green-Morillo 1?
Keelan McClymont
Moved by Green, seconded by Morillo.
Koyama Lane?
Tiffany Koyama Lane
Aye.
Keelan McClymont
Morillo?
Angelita Morillo
Aye.
Keelan McClymont
Novick?
Steve Novick
Nay.
Keelan McClymont
Clark?
Olivia Clark
No.
Keelan McClymont
Green?
Mitch Green
Aye.
Keelan McClymont
Zimmerman?
Eric Zimmerman
No.
Keelan McClymont
Avalos?
Candace Avalos
Aye.
Keelan McClymont
Smith?
Loretta Smith
No.
Keelan McClymont
Kanal?
Sameer Kanal
Aye.
Keelan McClymont
Pirtle-Guiney?
Elana Pirtle-Guiney
No.
Keelan McClymont
Ryan?
Dan Ryan
No.
Keelan McClymont
Dunphy?
Jamie Dunphy
Aye.
Keelan McClymont
The amendment fails with a vote of 6 ayes and 6 nays.
Jamie Dunphy
Colleagues, I feel as though this item has— the underlying has been pretty thoroughly discussed through the process of this discussing this amendment.
Unless there is objection, I would like to move to pass this to second reading without further discussion.
Is there objection?
Okay, this item moves to second reading.
Angelita Morillo
I object.
Jamie Dunphy
Oh, okay.
Councilor Morillo.
Angelita Morillo
I think that— I think we should have a meeting with Thank you, Councilor Morillo.
Jamie Dunphy
Colleagues, is there further discussion of the underlying?
Candace Avalos
Just a point of information.
When you say the updated amendment, could you tell us more what you mean, Councilor Morillo?
Angelita Morillo
I think that this council, we have not even had the opportunity to talk to I Squared about these updated conditions.
Uh, some of the people who objected here weren't able to be at the executive session to even talk to the attorneys.
We weren't able to have a back and forth.
It doesn't make sense for us to move forward on the assumptions of what a company is going to do without actually having that conversation with I Squared.
Like I said, I did try to do my due diligence.
I emailed Jules Bailey last week in the hopes of talking to him before this came back to council so I wouldn't waste everyone's time and extend this process any further, contrary to the accusations made by my colleagues.
But unfortunately, I did not get a response.
So until we have that meeting, I don't really see how we can continue to move forward on these things.
Jamie Dunphy
Thank you, Councilor Morillo.
Colleagues, is there any further discussion of the underlying?
Seeing none, this item moves to second reading.
Thank you.
Loretta Smith
Thank you.
Jamie Dunphy
Keelan, can we please move to— actually, Councilor Smith, you had pulled the remaining items on the agenda were the foreclosure items that you had pulled.
There was some discussion with my staff and your staff about whether to pull them individually at this point or read them, the last 5 together.
Do you have a preference?
Loretta Smith
We could actually do them together because there's one in particular that I'm really concerned about that I wanted to move off the consent agenda into the, uh, regular agenda.
Sameer Kanal
Okay.
Loretta Smith
Um, but you can move them together.
Jamie Dunphy
Okay, thank you.
Keelan, can we please call, uh, item 2026-247, 2026-248, 2026-250, 2026-253, 2026-260, and 2026-261 together?
Keelan McClymont
Yes, thank you.
Jamie Dunphy
Thank you.
Keelan McClymont
First up, 2026-247, initiate foreclosure action on 7545 Northeast Sandy Boulevard for the collection of delinquent city liens placed against the property.
Document 2026-248, initiate foreclosure action on 7545 within Northeast Sandy Boulevard for the collection of delinquent Delinquent city liens placed against the property.
Document 2026-250, initiate foreclosure action on North Columbia Boulevard for the collection of delinquent city liens placed against the property.
Document 2026-253, initiate foreclosure action on 7101 through 7103 Southeast Division Street for the collection of delinquent city liens placed against the property.
Tiffany Koyama Lane
Second.
Keelan McClymont
Document 2026-260, initiate foreclosure action on 5706 Southeast Lambert Street for the collection of delinquent city liens placed against the property.
Document 2026-261, initiate foreclosure action on 855 Northeast Church Street for the collection of delinquent city liens placed against the property.
Jamie Dunphy
Thank you very much, colleagues.
Items that are pulled from consent agenda do not have staff summaries, but we do have staff available to answer questions.
Councilor Smith.
Loretta Smith
Thank you.
Um, the question I had about many of these were in regards to, are there people actually living in the residential, uh, foreclosures that you have on the agenda item?
Jamie Dunphy
For the record, I'll state my name.
My name is Kevin Foster, Foreclosure Prevention Manager.
All of the properties are vacant.
Loretta Smith
Okay, and I, I want to go to specific item 20.
And I believe that's at 855 Northeast, uh, Church.
And it is my understanding that the owner of that property, who happens to live in my district in Argay Terrace, that, that is a, um, a rental property, and that the owner has been ill and has not been able to have conversations with the department.
And I wanted to see if, if this could be moved to the next So I've actually spoken with the owner as recently as 2 weeks ago.
Really?
Candace Avalos
Yes.
Jamie Dunphy
And, uh, prior to that, I spoke to her 2 weeks before that, and she was, um, trying to, to work to get the, the issues at the property resolved.
Her plan is to eventually rehab the entire property, um, and make it into an adult care facility.
And the reason why we're proceeding forward is just because of the impact that it's having on the community, that property specifically.
And right now we don't have a solid plan forward for resolution.
Over the last couple of days, I've gotten several complaints from the neighbors that live in that neighborhood.
Loretta Smith
Yeah.
Jamie Dunphy
And with no resolution—.
Loretta Smith
I understand, but I would like to put a motion on the floor because as of this last weekend, I understand she was in the hospital, and, and my concern is that, um, with her current medical situation, that it's, it's going to put a, a real strain on her ability to be able to negotiate with you all.
If we put this on the next 30-day foreclosure list, is— would that be a problem in 3 months that, that we bring this back?
Jonas Biery
Yeah, Councilor, thanks.
I'll jump in.
Uh, thank you.
I'll jump in and answer the question.
For the record, CFO Jonas Biery.
So I think there's 2, a couple of pathways.
One is this remains on the list passed by council today.
It then moves on to the foreclosure list and there's a window, I think 60-ish days.
Steve Novick
Thank you.
Jonas Biery
Before this will go to the actual sale.
So that's additional time for any property to continue to resolve the issues and avoid that foreclosure action.
A second pathway would be simply to remove it from the this inventory today.
It would remain out there, continue to still dialogue with the property owner with the option to bring it back at the next batch.
Just want to be clear that may—.
Jamie Dunphy
Which is every 90 days?
Jonas Biery
We don't know what the timing of that will be.
We sort of have aspiration to come every 90 to 120 days.
That's somewhat subject to Council agendas and other issues.
But I just want to be clear, we don't know what that next iteration would be to bring it back, but that would certainly be a pathway that's open to Council.
Loretta Smith
Yes, CFO Biery, I like your second idea because it would put it— generally we have these every, um, 90 days, um, and it would still give her the opportunity to work with the department regardless of what her plans are.
Um, but I, I think there's some, there's some really serious critical medical things that she needs to get control of before she can have a good conversation with you about what's really going on.
So I would like to be able to put a motion on the floor to postpone this foreclosure action for another— for the next foreclosure action in the next 90 days.
Jamie Dunphy
Before we do that, can I have Mike just give some testimony about the property and about what's been going on at the property and the neighbor?
Loretta Smith
Sure.
Sameer Kanal
Mike Liefeld, Portland Permitting and Development.
Notwithstanding the updated information that you're sharing, I just want to share some background on this property.
The listed owner was a contract purchaser in 2016, was aware of the violations when they took over the property around 2022 to 2023.
They indicated to staff that they were going to evict the tenants to regain legal control of the property.
Were unable to secure that legal authority.
The city had to undertake a code hearing to secure a vacate order, which we have now executed.
We performed 2 contractor abatements since that time.
There is a large vector issue that is unresolved.
We're not seeing a lot of maintenance for the lowest-level nuisance issues at the property being demonstrated by current Ownership.
So our track record would indicate that more time may not produce the result we're all looking for.
Loretta Smith
Can I respond?
I think that if you've had some latest conversations, and with me knowing about her health situation, I think she probably understands that this this serious at this point.
Um, I wouldn't ask for this unless I felt like that there was some serious medical issues that are going on, that I think that she needs to be fully aware of what's going on with, with the properties and to be able to give you some fluid, concrete, um, actions, uh, within the interim.
It would be great if we could actually, once she gets to a point that she's healthy enough to have those kind of conversations.
And I'm not convinced yet that she is because of what I've learned this weekend.
And I understand about the 2016, but also I also want to say during that time her husband was in a coma and he generally helped with the maintenance of her rental properties.
And he is now gone.
He's passed away, uh, because of COVID And so I'm just asking you to let us put it on the next 3 months and try to, to make sure that we're giving her the proper due diligence.
I don't want the public to come back to say that, you know, we knew that she was under duress, under a huge medical strain.
Councilwoman Smith, I'm sorry.
Just, you know, going through a lot of stuff.
I, I think it's worth having another 3 months, pushing it off to the next 3 months.
And, you know, like I said, she lives in District 1 and has lived there, a longtime community member.
And it is, it is, um, really, um, stressful for me to know that she's in a particular health situation right now that I'm not sure that she's able to have these very serious conversations with you about what she's going to do, because she— I don't know that she's in that position right now, and she needs to get some extra help.
And I have also reached out to some of her, uh, close friends to see what, what help they can give her, because I don't think she's in a position to tell you exactly what she's going to do because she has to figure out what— how is she going to maintain her current health situation.
She's not healthy enough to have these conversations, and to add an extra pressure of a foreclosure, I'm not sure what— just, I, I would like to just have some, some, uh, courtesy to, to have this postponed for another couple months.
Jonas Biery
Councilor, if I may, if Council President, if it's all right, um, a third path that, uh, dawns on me is that perhaps these are First readings today.
These will move forward to second reading, assuming that's direction from Council President.
Perhaps an option just to expedite today is move it forward, but we'll acknowledge that we'll continue to dialogue with the property owner to the extent we're able, perhaps do a little additional outreach, and then I can work with the mayor's office.
I'll commit to do that, that if we need to pull it off of next week's agenda or the week that it comes to vote so that it doesn't go forward, then I'm happy to facilitate that and work with your office.
Loretta Smith
No, sir, I think we need to do it now.
We need to do just give the time now on the front end, um, because like I said, that— I, I, I think it's worth having the time specifically because of her current health situation.
This is not an issue of I'm just not feeling good today.
Jamie Dunphy
And we've got about 10, 9 minutes left before we absolutely turn into pumpkins.
Um, Councilor, is there— are you making a specific motion at this point?
Loretta Smith
Yeah, I'd like to make a motion To, um, to move this to the next.
Did you—.
Robert Taylor
Uh, Robert Taylor, City Attorney.
You have a couple of different options.
Um, you could post— make a motion to postpone it to a date certain, um, and then if we get to that date certain and we're still not ready to act, you can postpone it again.
You could lay it on the table, at which point at a future council meeting you could take it off the table.
Another thing you could do is make a motion to refer this to committee, maybe refer it to the Committee of the Whole.
There, it would rest in that committee until there's some action.
What I would caution you—.
Loretta Smith
I like what you said.
I, I just need a couple of months for her.
That's what she needs is a couple of months to, to, to, to realize where she's at in terms of her current health situation.
Like I said, this is not, you know, I just scraped my knee kind of thing, and Um, she has a, um, a number of, of pressures on her right now, and she doesn't have the help.
And I'm just trying to ease some of this, some of this pressure and postpone this for a couple months.
And then if it goes back on our next list, and you can proceed.
But I didn't know about this situation until I— me and my staff were looking at it, and I always look up all the addresses and, and owners and see.
And I, and I know I recognized that she was a person who lives in Argay that I've known for a long time.
She was a longtime Multnomah County, um, uh, employee, and she's having some really difficult times.
And so I just— I didn't know if you all knew that.
And you said that you've talked to her, but if you've talked to her, you probably have recognized that she is not in the best of health.
Jamie Dunphy
So, Councilor, in the interest of time, uh, is there a mo— a specific motion you're going to—.
Loretta Smith
I'd like to do a motion to postpone this for the next, um, foreclosure, uh, list that comes out in the next couple months.
Jamie Dunphy
Okay, the motion is to postpone this.
Is that sufficient for a motion to postpone to the item, or is a date—.
Sameer Kanal
Is a date required?
Robert Taylor
I think the intent of that is Okay.
Candace Avalos
Point of information.
Jamie Dunphy
Councilor Avalos.
Candace Avalos
So because in committee when we had all these, we did a similar thing with one where it was like moved to another time, like does it just get put in that same queue, I guess, or like is there a relationship between the ones that are— the other ones that are being stalled?
Just trying to understand process.
Jamie Dunphy
We can, we can look at adding it to the— so like right now I've already receive the list of properties that I'm working on for the next list.
So it may push it down the road to after that list is completed.
Robert Taylor
And did these go through the— which committee did these go through?
Candace Avalos
They originally went through the Housing Committee.
We've been discussing that in the future they should go to the Committee of the Whole, but these all went to Housing.
Robert Taylor
Yeah, if you know the second batch is going to go through a particular committee, then you could refer this one to that committee.
So that then they could all just track.
Jamie Dunphy
They will be going through the Committee of the Whole.
And there is a motion on the floor.
Loretta Smith
There is a motion on the floor.
Jamie Dunphy
There's not been seconded yet.
Loretta Smith
Okay.
Steve Novick
Second.
Jamie Dunphy
Here we go.
Councilor Smith moves to postpone this item to align with the next batch of foreclosure items.
Councilor Novick seconds.
Colleagues, discussion of the amendment?
Councilor Knoll.
Sameer Kanal
Thank you.
I had a question.
In the timeline, you mentioned 2016, you mentioned 2022, 2023.
I see that there's an ordinance that was filed for the February 7th, 2024 City Council agenda about this property, and I'm just curious if you could— it's a foreclosure action there.
That wasn't mentioned here.
Can you speak to exactly what happened?
It shows that it was referred to Commissioner of Finance and Administration, which is, I'm assuming, whichever Commissioner was over the bureau at the time.
But can you give a little bit more on that?
Jamie Dunphy
Sure.
That particular time, we were able to— I was able to work out arrangement with the property owner, and so we removed it from the list.
And at that point, the tenants had vacated the property.
Jonas Biery
Thank you.
Jamie Dunphy
And at that point, the tenants were no longer in the property.
Sameer Kanal
It was vacant, and we removed it from the list at that time to allow time for her to do Okay, and is that the issue that remains unresolved now, or is it a new set of issues that got it back on this list?
Jamie Dunphy
I'll let Mike answer that one.
Sameer Kanal
There are unresolved property maintenance violations from the original case back in 2016 regarding the interior condition of the property, along with, uh, Exterior nuisance conditions, including rat harborage, which are unabated.
And all of those predate the 2024 set of— or were included or predate the 2024 list?
Is any of that new subsequent to 2024?
It's possible during reinspections they may do a reinspection and find that some violations were corrected, some new violations have appeared.
So I don't want to say that they're all remaining.
There could be some new violations that were noted for deteriorating conditions after 2024 if reinspections were done.
But predominantly, I think these conditions were all cited in 2016.
Candace Avalos
Okay.
Sameer Kanal
Yeah, I appreciate that.
And, you know, this is— I don't know the owner or really the situation specifically.
I do know this area.
Uh, it's in obviously in our district, and so driven by this, this particular location.
Um, so I, I'm interested in, in resolving that too, in, in addition to ensuring that we're doing right by, by the folks who live here and, and own it.
Thanks.
Jamie Dunphy
Thank you, Councilor Kanal.
Councilor Pirtle-Guiney.
Elana Pirtle-Guiney
Thank you, Council President.
Uh, do we have a specific— do we know when the next batch of Foreclosures will be coming forward.
We heard CFO say that we try to do between 90 and 100 days.
I know when I was council president, we had talked about trying to move to a quarterly cadence.
And if this is something where we are asking neighbors to wait an additional 2 to 3 months to get this resolved, that feels very different to me than if we are asking neighbors to wait an indefinite amount of time because we don't know when the next batch is coming.
Jonas Biery
Yeah, Councilor, thank you for the question.
Our objective, our aspiration is to put about 90 to 120 days between these kind of batching of foreclosure items.
The 2 challenges with that, one is getting space on a council and committee agenda, acknowledging that we started this conversation at committee almost 2 months ago and just to get to this date.
The other issue we have is just staffing constraints that we don't always have staff capacity to catch these as often as the nuisance property requests come up.
And so we have to kind of navigate both of those challenges.
Elana Pirtle-Guiney
Council President, your intent is to move foreclosures through Committee of the Whole in the future, is that correct?
Jamie Dunphy
That is correct.
Elana Pirtle-Guiney
And Councilor Kanal, how would scheduling look a few months from now for the next batch of foreclosures in Committee of the Whole?
Sameer Kanal
Um, may I respond to that, Council President?
And I'm also using that question to pull up my notes.
Um, you know, we haven't scheduled past Thanksgiving.
Um, we've got penciled in through that far.
Um, but so I, I— nothing else is on the radar for after that except, um, one meeting of an oversight hearing.
So, and, and I think we have 4 meetings after that.
Um, might just be 3 actually, so let me say 3 to be safe.
So I, I, I don't anticipate it being a challenge There's the other things that I know are coming are some appointments to volunteer bodies.
Elana Pirtle-Guiney
So presumably a 90-day cadence from when this first came to committee, which was I believe sometime in August, would put us at sometime in November.
You're saying that you could likely get things on the schedule the beginning of December?
Sameer Kanal
I, uh, sorry, I was going off of 3 months from now.
Um, going off 3 months from then, there's, there's gaps I'm not 100% sure how we're handling a couple specific dates.
I just heard about the week of the first full week of November having some issues with the building.
So going virtual, I think, for that one.
Okay, so that since we still have that date, then I think it's possible.
I don't want to give you 100%, but I'm not particularly worried about it right now.
Jamie Dunphy
Colleagues, we are at 1:30, the time that I told staff we would be done.
So Councilor Smith, please briefly, last word.
Unidentified speaker
Thank you.
Loretta Smith
I just want to say this last thing.
She's an elderly woman who's in poor health, who has been a longtime advocate for folks in the African-American community, and I just felt like, um, she's always speaking up for others and trying to help others, that there's no one to speak up for her.
And, um, I want to make sure that she's in her right mind.
This is, mind you, this is prime property in inner Northeast Portland, and I don't want her to be a victim of someone trying to get that property and she doesn't have a chance to help her own self out.
That's, that's, that's my other concern with this, is someone will try to take advantage of her in this current state.
And I've seen it happen so many times to elderly folks in our community And I just don't want her to be a victim of that.
Jamie Dunphy
Thank you, Councilor Smith.
Seeing no one else in the queue, Keelan, can we please call the roll on Smith 1?
Keelan McClymont
Moved by Smith, seconded by Novick.
Koyama Lane?
Tiffany Koyama Lane
Aye.
Keelan McClymont
Murillo?
Angelita Morillo
I think this is a really noble way to use government.
Keelan McClymont
Novick?
Steve Novick
Aye.
Keelan McClymont
Clark?
Olivia Clark
Aye.
Keelan McClymont
Green?
Mitch Green
Aye.
Keelan McClymont
Zimmerman?
Eric Zimmerman
Aye.
Steve Novick
Aye.
Candace Avalos
Aye.
Olivia Clark
Aye.
Unidentified speaker
Aye.
Aye.
Keelan McClymont
Uh, the motion carries with a vote of 12 ayes.
Jamie Dunphy
Thank you.
All the remaining items move to second reading.
We are in recess until tomorrow.
We don't have tomorrow, right?
Sameer Kanal
We're adjourned.
Jamie Dunphy
We got a work session tomorrow.
We're adjourned.
Thank you, everybody.
