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<v Sameer Kanal>Good afternoon, everyone.

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<v Sameer Kanal>I'm going to call this meeting of the Committee of the Whole of the Portland City Council to order.

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<v Sameer Kanal>It is Wednesday, September 16th, at 2:03 PM.

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<v Sameer Kanal>Um, Rebecca, will you please call the roll?

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<v Rebecca Dobert>Koyama Lane?

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<v Tiffany Koyama Lane>Here.

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<v Rebecca Dobert>Morillo?

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<v Angelita Morillo>Here.

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<v Rebecca Dobert>Novick?

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<v Steve Novick>Here.

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<v Rebecca Dobert>Clark?

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<v Olivia Clark>Here.

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<v Rebecca Dobert>Green?

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<v Mitch Green>Here.

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<v Rebecca Dobert>Zimmerman?

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<v Eric Zimmerman>Here.

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<v Rebecca Dobert>Avalos?

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<v Rebecca Dobert>Dunphy?

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<v Jamie Dunphy>Here.

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<v Sameer Kanal>Here.

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<v Rebecca Dobert>Smith?

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<v Rebecca Dobert>Pirtle-Guiney?

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<v Elana Pirtle-Guiney>Here.

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<v Rebecca Dobert>Ryan?

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<v Dan Ryan>Here.

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<v Stacy Jones>Uh, Councilor Avalos?

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<v Elana Pirtle-Guiney>Here.

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<v Rebecca Dobert>President and Kanal?

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<v Sameer Kanal>Here.

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<v Sameer Kanal>Christopher, will you please read the statement of conduct?

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<v Unidentified speaker>Welcome to the meeting of the Finance and Governance Committee of the Whole.

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<v Unidentified speaker>To testify before this committee in person or virtually, you must sign up in advance on the committee agenda at www.portland.gov/council/agenda/committee-whole or by calling 311.

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<v Danny Dacelle>Information on engaging with the committee can can be found at this link.

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<v Unidentified speaker>Registration for virtual testimony closes 1 hour prior to the meeting.

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<v Unidentified speaker>In-person testifiers must sign up before the agenda item is heard.

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<v Unidentified speaker>Public testimony will be taken on an item.

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<v Rebecca Dobert>Individuals may testify for 3 minutes unless the Chair states otherwise.

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<v Rebecca Dobert>Your microphone will be muted when your time is over.

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<v Rebecca Dobert>The Chair preserves order.

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<v Rebecca Dobert>Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, or interrupting others' testimony or committee deliberations will not be allowed.

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<v Rebecca Dobert>If you cause a disruption, a warning will be given.

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<v Rebecca Dobert>Further disruption results in ejection from the meeting.

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<v Rebecca Dobert>Anyone who fails to leave once ejected is subject to arrest for trespass.

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<v Rebecca Dobert>Additionally, the committee may take action your testimony should address the matter being considered.

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<v Rebecca Dobert>When testifying, state your name for the record.

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<v Unidentified speaker>If you're a lobbyist, identify the organization you represent.

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<v Unidentified speaker>Virtual testifiers should unmute themselves when the clerk calls your name.

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<v Unidentified speaker>Thank you.

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<v Sameer Kanal>Thank you, Christopher.

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<v Sameer Kanal>All right, we're going to get into, uh, everything in just a moment.

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<v Sameer Kanal>I just wanted to give a, a quick announcement, um, regarding the CEI Hub item.

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<v Sameer Kanal>So on September 1st, 2026, the Bureau of Planning and Sustainability sent legislative notice via email announcing that the recommended draft yes.

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<v Sameer Kanal>Second.

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<v Matthew Forgue>Motion passes.

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<v Justin Holt>Thank you.

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<v Sameer Kanal>Consideration of the draft of the Critical Energy Infrastructure Hub policy project, including comprehensive plan policy and Title 33 regulatory amendments, was scheduled for the City Council Committee of the Whole meeting today, September 16th, 2026, at 2 PM.

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<v Sameer Kanal>Consideration of the ordinance for the recommended draft of the CEI Hub policy project has been referred to the full City Council by request of 4 city councilors without objection and has been continued to a City Council work session on Thursday, Thursday, September 17th, 2026.

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<v Sameer Kanal>That's tomorrow at 2:00 PM.

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<v Sameer Kanal>The work session on September 17th will include a presentation by city staff and a council question and answer session with staff.

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<v Sameer Kanal>Additionally, council has requested brief informational presentations from the Oregon Department of Environmental Quality and a balanced panel of representatives from engaged environmental and industry organizations.

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<v Sameer Kanal>Council will not take other public testimony, vote, or take any action at the work session.

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<v Sameer Kanal>A public hearing to take oral testimony for the ordinance— I think it's ordinances actually— is scheduled for Thursday, September 24th at 2 PM.

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<v Sameer Kanal>Consideration of the ordinance for the bulk— I think I'm going to say the same thing here.

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<v Sameer Kanal>Consideration of the ordinance for the bulk fuel terminal capacity reduction requirements, amendments to Title 17, has been referred to the full City Council by request of 4 councilors without objection and is being continued to a City Council work session on Thursday, September 17th, 2026 at 2 PM.

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<v Sameer Kanal>The work session on September 17th will include a presentation by city staff and a council question and answer session with staff.

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<v Sameer Kanal>Additionally, council has requested brief informational presentations from the Oregon Department of Environmental Quality and a balanced panel of representatives from engaged environmental and industry organizations.

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<v Sameer Kanal>Council will not take other public testimony, vote, or take any action at the work session.

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<v Sameer Kanal>A public hearing to take oral testimony for that ordinance is scheduled for Thursday, September 24th at 2:00 PM.

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<v Sameer Kanal>The testimony period for both of these items is open, and testimony can be submitted in writing or orally at the public hearing, both in person and virtually.

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<v Sameer Kanal>You can register Uh, to testify orally, either online or by calling 311.

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<v Sameer Kanal>The agenda and a link to the oral testimony registration will be available Friday, September 18th at portland.gov/auditor/council-clerk/events.

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<v Sameer Kanal>All right, uh, thank you to the city attorneys for that information.

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<v Sameer Kanal>And with that, we're gonna— about to get into the, um, uh, the items today.

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<v Sameer Kanal>Just to, to be transparent, we're intending to get through the committee chair updates as well as our 2 items together on fire and police disability and retirement financing, then take a break and then come back and open items 4 through 8 together, which are items, uh, regulatory program update, uh, changes from Councilor Novick, um, after the break and get as far as we can into those today.

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<v Sameer Kanal>Um, and so with that, I'll ask if we can call agenda item 1, please.

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<v Caleb Schlesinger>Second.

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<v Rebecca Dobert>Item 1, Committee Chair Updates, document number 2026-324.

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<v Sameer Kanal>All right, so I'm not going to read through everything on here, but, um, I passed out the item.

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<v Sameer Kanal>It is also attached to the legislative item online.

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<v Sameer Kanal>Um, I did want to flag that, uh, there have been a couple things that have moved around a little bit, but the one that I wanted to highlight is we are still planning to do the Future of Downtown, uh, conversation in November.

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<v Sameer Kanal>And we've started, and I appreciate the administration helping us to chunk together the appointment items for our Wednesday meetings of this committee.

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<v Sameer Kanal>For those who don't know, we meet, you know, Wednesday right before the evening council meeting.

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<v Sameer Kanal>That's once a month, and trying to do appointments at that meeting has been really helpful.

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<v Sameer Kanal>The other item I wanted to flag, and I think I mentioned this last week, is we're currently planning— it's tentative yet— an oversight hearing on Urban Alchemy on November 5th.

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<v Sameer Kanal>Everything else is in here.

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<v Sameer Kanal>Feel free to read that.

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<v Sameer Kanal>I've also updated part 2 and part 3 of the report, and I just wanted to be more transparent adding in the other work groups that have been there.

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<v Sameer Kanal>But I don't really have a whole lot today that's, that's different from last time, so I'm just going to stop talking and see if there are any questions before I pass it over to Councilor Clark to give an update on the Public Works Committee.

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<v Sameer Kanal>Seeing no one in the queue, Councilor Clark, please give us an update.

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<v Sameer Kanal>Thank you, Council President.

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<v Olivia Clark>Thank you, Mr. Chairman and colleagues.

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<v Olivia Clark>I apologize I'm not there.

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<v Olivia Clark>I am treating a tooth with an antibiotic.

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<v Olivia Clark>I'll explain all the details later if you want to know them, but I'll be there for the council meeting hopefully tonight.

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<v Olivia Clark>The Public Works Committee at our last meeting had a great overview of the potential for encouraging more community-based partnerships for we're calling it Portland Public Spaces Partnerships.

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<v Olivia Clark>We had a great panel conversation with people from the Portland Arboretum, the Community Music Center, the Interstate Firehouse Cultural Center, and the Parks Foundation.

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<v Olivia Clark>And it was a great conversation.

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<v Olivia Clark>I think it hopefully will result in potentially a resolution coming to you, but it's definitely about the culture change that's going on within the Parks Bureau, which we all really appreciate.

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<v Olivia Clark>Next week, the Public Works Committee is going to be taking care of some housekeeping items from PBOT on property rights acquisitions and the Montgomery Park Streetcar Extension CMGC approval.

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<v Olivia Clark>But we're also going to hear an update on the implementation of the transportation utility fee and the street damage restoration fee.

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<v Olivia Clark>And that update is going to be focused on things that we're very concerned about, the non-residential methodology, And the financial assistance options that will be available for people under the TUF.

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<v Olivia Clark>Then in October, drum roll, we're going to hear the long-awaited asset management strategy plan, and hopefully, hopefully we're going to get to meet the city's new Chief Asset Management Officer who will be in CA Lee's office.

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<v Olivia Clark>We're looking forward to that.

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<v Olivia Clark>But the big lift, the really big lift for Public Works in the upcoming months is going to be working to develop a regulatory framework for automated or autonomous vehicles.

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<v Olivia Clark>You know, the technology we all know is coming and we need to get in front of it.

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<v Olivia Clark>I'm very concerned, and I know many of you have heard from me about this, concerned about what's going to happen in the next state legislative session when it comes to autonomous vehicles.

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<v Olivia Clark>So we need to lead by example on this work and make a case against preemption on the part of the legislature.

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<v Olivia Clark>So stay tuned for that.

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<v Olivia Clark>I know we're all very, very interested in the future of autonomous vehicles in Portland.

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<v Olivia Clark>We're also planning to have a briefing around utility rate setting, which addresses the budget note from Councilor Koyama Lane, hopefully in late October or at least this fall.

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<v Olivia Clark>Thank you.

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<v Olivia Clark>So with that, uh, Chairman Kanal, that's my report.

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<v Sameer Kanal>Thank you, Chair Clark.

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<v Sameer Kanal>Um, any— anyone have any questions for Chair Clark?

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<v Sameer Kanal>All right, uh, Councilor Novick's on deck for next week.

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<v Sameer Kanal>I've been bad at giving people the reminder, so I want to start doing that.

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<v Sameer Kanal>And, um, thank you so much.

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<v Sameer Kanal>And that concludes the chair's update.

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<v Sameer Kanal>Um, Rebecca, will you please call agenda items 2 and 3 together?

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<v Rebecca Dobert>Item 2, Fire and Police Disability and Retirement Finance Discussion, document number 2026-330.

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<v Rebecca Dobert>Item 3, Fire and Police Disability and Retirement Financing Public Input, document number 2026-331.

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<v Sameer Kanal>All right, thank you, colleagues.

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<v Sameer Kanal>Today we'll be discussing how we finance and pay for police and fire disability and retirement and whether any alternative financing options might be viable.

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<v Sameer Kanal>We'll first hear from the City Attorney's Office about the charter governing FPDR.

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<v Sameer Kanal>Then we'll hear from our Chief Financial Officer and the FPDR Deputy Director to learn how the program is currently financed.

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<v Sameer Kanal>Finally, we have a special guest from the Pew Charitable Trust State Fiscal Policy Project who'll be joining us online, sharing their research and recommendations around public pension funding practices.

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<v Sameer Kanal>And I want to thank Principal Officer David Drain for being willing to join us today.

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<v Sameer Kanal>It's important for this council to understand how we pay for the public safety pensions and discuss the options available to us in line with the city's core value of fiscal responsibility.

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<v Sameer Kanal>However, I also want to note that some of our public safety partners have expressed concerns to me that this conversation, which is strictly confined to how we finance FPDR, will veer off track.

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<v Sameer Kanal>And so I want to take this opportunity to clarify.

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<v Sameer Kanal>We're not here today to discuss any changes to FPDR benefits or the funding provided to FPDR.

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<v Sameer Kanal>The city's City Attorney's Office is going to explain to us in part that we legally cannot change any of these things.

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<v Sameer Kanal>And as committee chair, I want to be clear as to what's within the scope of this conversation and what's not.

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<v Sameer Kanal>So I'll call to order any councilor who veers outside the scope of the financing discussion today.

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<v Sameer Kanal>And I want to also say, as a councilor, obviously people can talk about those issues elsewhere if they so choose.

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<v Sameer Kanal>It's a, you know, free council, free country.

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<v Sameer Kanal>But I want to be clear as a councilor that I'm fully supportive of maintaining robust disability and retirement benefits for our city's first responders.

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<v Sameer Kanal>First and foremost, I support the will of the voters and will always defend the city charter, which includes voter-approved text around FPDR.

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<v Sameer Kanal>And additionally, it's just a moral issue that the first responders who have served the city deserve their pensions.

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<v Sameer Kanal>I've been thinking about this in light of the fact that last Friday was the 25th anniversary of 9/11, and I was at the fire memorial ceremony that was held by Station 1, and we remembered the sacrifice made by first responders across the country, but in particular in New York and D.C. Those who served in this way have earned their disability and retirement benefits.

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<v Sameer Kanal>And while I will continue to talk about transparency, accountability, and fiscal responsibility, speaking as a councilor, I want to be clear that I'll be fighting for the benefits our workers have been promised, that they have earned, and that they deserve.

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<v Sameer Kanal>As part of helping frame this conversation, I'm going to hand it over to Councilor Green, and then we'll invite up our guests.

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<v Sameer Kanal>Thank you.

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<v Mitch Green>Thank you so much, Chair Kanal.

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<v Mitch Green>I don't have much to add beyond just I'll start.

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<v Mitch Green>I'll start by just saying, really appreciate the level setting that this is not about benefits.

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<v Mitch Green>This is not about breaking any promises.

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<v Mitch Green>It's not about any of that.

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<v Mitch Green>This is about just kind of looking at the long-run actuarial forecast and having an honest conversation about the intergenerational equity on who bears the cost of this.

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<v Mitch Green>And we've gone down this road before.

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<v Mitch Green>Some of you in the audience have been down this road before, and these are tough conversations.

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<v Mitch Green>But I think we owe it to taxpayers, both present and future, to really make the best effort we can to really exhaust all of the options available to us and be honest about what the lifecycle cost of our current approach is.

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<v Mitch Green>And if there's a way to save taxpayers money, we should try it.

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<v Mitch Green>We should always try to do that.

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<v Mitch Green>So really appreciate this conversation.

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<v Mitch Green>It's not easy, um, and, uh, let's get into it.

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<v Mitch Green>Thanks.

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<v Sameer Kanal>All right, thank you.

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<v Sameer Kanal>To start us off, I'm going to invite up from the City Attorney's Office Franco Lucin.

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<v Sameer Kanal>I think we're going to do this sequentially, but if you'd like to also, uh, at any point, if you want to have, um, the next presenter up too, let me know.

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<v Franco Lucin>Okay, uh, good afternoon, Council, Committee of the Whole, uh, President Dunphy, and I— there's you seem to be the chair today, Councilor Kanal.

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<v Kevin Matches>Good afternoon.

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<v Franco Lucin>Thank you for asking our office to present on this.

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<v Franco Lucin>I've been asked to present for 5 minutes, so I'm going to honor that.

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<v Franco Lucin>And I've got about a dozen slides focused on the charter.

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<v Franco Lucin>And at the very end, I have a slide about the ballot measure in 2006, which is one of the amendments to Chapter 5 of the charter.

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<v Franco Lucin>Thank you.

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<v Franco Lucin>I'll refer to that throughout, but I've listed out some of the things that that ballot measure accomplished with respect to funding.

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<v Franco Lucin>And Leslie's been kind enough to help me with the slides.

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<v Franco Lucin>So next slide, please.

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<v Franco Lucin>So just very high level here, Chapter 5 of the charter is the fire and police disability retirement and death benefit plan.

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<v Franco Lucin>It's known as the FPDR Plan, defines what the FPDR benefits are.

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<v Franco Lucin>It sets forth the requirements for FPDR to have a board of trustees and what the authority of that board is.

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<v Franco Lucin>It includes the fund administrator's authority and probably most germane to this discussion, how the FPDR levy operates.

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<v Franco Lucin>And the slides track this.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>So here, I won't, I won't get too far into the, uh, the details here, but, uh, just basically the, the plan has disability benefits.

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<v Franco Lucin>The 2 main categories are service-connected, uh, and that can be thought of as the workers' comp, workers' compensation benefit for sworn police and fire employees who are injured at work.

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<v Franco Lucin>And then the other category is the general disability benefits.

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<v Franco Lucin>And then there's the non-service-connected benefit, which is a little bit more limited in terms of the members who can access it because they have to have at least 10 or more years of service.

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<v Franco Lucin>So it's also paid, as the slide indicates, at a lower level.

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<v Franco Lucin>And just for the record, the capitalizations here are because these terms are defined in the charter.

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<v Franco Lucin>They're not just random capitalizations.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>And also in the plan, in addition to disability benefits or retirement benefits, there are 3 tiers, 1, 2, and those are both paid from the levy.

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<v Franco Lucin>The pension is paid from the levy and paid from this plan.

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<v Franco Lucin>And then there's FPDR Okay.

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<v Franco Lucin>And from the levy, the employer contribution is paid to PERS.

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<v Franco Lucin>And as indicated there, the FPDR 3 members are those who are hired on or after— or actually, I'm sorry, I think the charge says sworn on or after January 1st, 2007.

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<v Franco Lucin>There's also death benefit for surviving spouses, which is a term defined in the plan, and for surviving dependent minor children.

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<v Franco Lucin>The death after retirement benefit is only payable for FPDR 1 and 2.

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<v Franco Lucin>And then there's a funeral benefit available for all 3 tiers, all 3 programs.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>The composition of the Board of Trustees, and this is another product of the 2006 ballot measure, the board was changed from an 11-member board to a 5-member board comprised of the mayor and mayor's designee as the chair.

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<v Franco Lucin>An elected active member from the Fire Bureau, elected by the active members of the Bureau.

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<v Franco Lucin>And the same for the Police Bureau, a police trustee elected by active members of the Police Bureau.

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<v Franco Lucin>2 citizen trustees.

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<v Franco Lucin>And the enhancement here from the reform in 2006 was that the— the slide doesn't indicate it, but the charter says the citizen members are required to have relevant experience in pension or disability matters.

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<v Franco Lucin>And then, as indicated there, the mayor would nominate these citizen trustees, and they would come to the city council for a vote on whether to approve.

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<v Franco Lucin>And then the charter has a prohibition on the mayor, mayor's designee, citizen trustees, none of them may be active or past members or beneficiaries of the fund, or none of them can ever have been employed by the Portland Fire or Police Bureaus.

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<v Franco Lucin>Terms for the trustees, as indicated there, are 3 years, and the charter indicates some staggered terms that were necessary in order to implement these amendments at the beginning of 2007.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>The The Board of Trustees has the power to, under the charter, to adopt administrative rules for administration of the FPDR plan.

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<v Franco Lucin>The board may pay its administrative expenses from the fund and may borrow from the general fund.

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<v Franco Lucin>The charter says the board may, but has no obligation to pay other financial incentives that demonstrate a reduction in disability costs.

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<v Franco Lucin>They may purchase bonds.

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<v Franco Lucin>They may—.

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<v Franco Lucin>I have a question.

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<v Franco Lucin>Approve the appointment by the mayor of the fund administrator, subject again to confirmation by the city council, and they have the authority to determine the cost of living adjustment annually for FPDR plan retirees, and that's capped at 2%.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>The fund administrator's authority— I have to correct myself on this first yes.

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<v Franco Lucin>So the first bullet, it actually— that actually derives from the Portland City Code.

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<v Franco Lucin>But the code has the fund administrator serving as the director of the FPDR Bureau.

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<v Franco Lucin>But the charter sets forth the powers of the fund administrator to make disability and retirement benefit claim decisions, to decide approval of a settlement brought by an FPDR member against a third party for subrogation, like A car accident is kind of a classic example of that.

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<v Franco Lucin>And to settle any claim up to the maximum amount that the FPDR Board prescribes through its administrative rules.

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<v Franco Lucin>It's at $35,000 currently, and it's been that way for— I'd have to look back, but it's been several years, maybe more than 10.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>Okay, and here's how the FPDR levy operates.

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<v Franco Lucin>This is all just straight out of the charter.

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<v Franco Lucin>And so on an annual basis before the deadline that the City Council sets, FPDR's Board of Trustees is tasked with preparing and transmitting to the Council a statement that includes the following items.

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<v Franco Lucin>It's the amount of— number one is the amount of money required for the next fiscal year to pay and discharge all the requirements of the fund.

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<v Franco Lucin>The vast majority of those would be retirement benefits.

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<v Franco Lucin>And that's the estimated revenue to the fund during the next fiscal year from all sources except the levy, plus the balance estimated to be in the fund at the beginning of the next fiscal year.

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<v Franco Lucin>My understanding is the— that represents probably about— the non-levy revenue represents about 2% of the overall fund liabilities.

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<v Franco Lucin>A statement of all payments made.

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<v Franco Lucin>And here's a typo here.

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<v Franco Lucin>It should say thank you.

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<v Franco Lucin>The total amount paid into and estimated to be paid into the fund from all sources except loans from the general fund and advances from the reserve fund during the current fiscal year, plus the balance of the reserve fund at the beginning of the current fiscal year.

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<v Franco Lucin>The reserve fund is capped at $750,000.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>And then the last item required for the levy is a statement setting forth the total amount of money required by the fund to discharge its obligations.

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<v Franco Lucin>And there's a formula in the charter explaining how that works.

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<v Franco Lucin>And then the other source of funding for FPDR in the charter is referred to here.

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<v Franco Lucin>It's actually in Chapter 5.

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<v Franco Lucin>There's pardon me.

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<v Franco Lucin>This cross-reference to Chapter 7, which provides for another— in addition to the 2.5 mills, which a mill is like a thousandth of a dollar or a tenth of a cent.

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<v Franco Lucin>Yeah.

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<v Franco Lucin>In addition to those, that maximum allowed under Chapter 5, Chapter 7, 110.5 allows an additional 3 tenths of a mill on each dollar.

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<v Franco Lucin>Of assessed valuation to be levied.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>Straight from the charter again, minimum levy has to be no less than $1 mil per dollar valuation unless that levy— unless levying the minimum would cause a reserve fund to exceed $750,000.

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<v Franco Lucin>The levy is not subject to the limitation of Section 11— or sorry, I should say Article 11, Section 11 of the Oregon Constitution.

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<v Franco Lucin>Um, and the proceeds of the tax levy, to the extent of the amount required by the fund, shall be paid into the fund.

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<v Franco Lucin>Uh, any balance, uh, should be paid to the reserve fund.

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<v Franco Lucin>And there's also, um, any, uh, assets of the fund, uh, Are to be deposited with the city treasurer.

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<v Franco Lucin>So there's some theoretical opportunity to invest those within the legal limitations.

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<v Franco Lucin>Next slide, please.

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<v Franco Lucin>So the authority to change the plan when required by law, and this has happened over the years, council may extend to FPDR members additional benefits not described by Chapter 5 of the charter by ordinance.

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<v Franco Lucin>Charter also allows council to include reductions in corresponding benefits as another authority under the charter.

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<v Franco Lucin>Charter requires council to seek the advice of the FPDR board before taking action to change benefits, even when required by law.

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<v Franco Lucin>And then any other changes to the FPDR plan would require a ballot measure.

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<v Franco Lucin>Uh, next slide, please.

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<v Franco Lucin>I think this— I think I've got maybe 2 left.

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<v Franco Lucin>Um, so the 2006 ballot measure, um, was referred to voters by the City Council, and a lot of what I've described, um, were amendments that resulted from that ballot measure, which passed.

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<v Franco Lucin>Um, for funding, the significant changes were creation of the FPDR 3 program for sworn fire and police employees.

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<v Franco Lucin>And under the plan, FPDR 3 currently only gets the disability and death benefits.

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<v Franco Lucin>That's what that first, or one of the sub-bullets there is intended to mean.

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<v Franco Lucin>The way it's written is a little confusing.

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<v Franco Lucin>But now that they're in PERS, in other words, for FPDR 3, The FPDR plan applies to them with respect to disability and the death benefits.

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<v Franco Lucin>Including the FPDR levy, PERS contributions on behalf of sworn members involved— I'm sorry, enrolled in PERS.

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<v Franco Lucin>That was another change from the ballot measure.

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<v Franco Lucin>And it also— the ballot measure also allows the fund to pay PERS contributions on behalf of sworn employees enrolled in PERS.

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<v Franco Lucin>Um, man, I may have one.

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<v Franco Lucin>Is there one more slide?

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<v Franco Lucin>That's the end.

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<v Franco Lucin>That's it.

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<v Franco Lucin>I, I hope I stayed within my 5 minutes.

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<v Stacy Jones>Thank you.

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<v Dan Ryan>Thank you.

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<v Sameer Kanal>Thank you so much.

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<v Sameer Kanal>I'm going to open this up for questions before we, um, we'll probably— we might end up asking you back up if there's no questions now as well, but, um, I'll just open it up, so feel free to get in the queue.

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<v Sameer Kanal>Uh, Council President Dunphy.

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<v Sameer Kanal>Thank thanks, Franco.

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<v Jamie Dunphy>Maybe you can tell me a little bit of the history regarding the most recent ballot initiative to improve this.

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<v Jamie Dunphy>Do you know what ultimately the impetus for this update was?

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<v Jamie Dunphy>Was it just that like an improvement to the model, improvement to oversight?

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<v Jamie Dunphy>What was the reason why we did a ballot, a second ballot initiative on this in the 2000s or whatever it was you said?

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<v Franco Lucin>See, I brought a copy.

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<v Franco Lucin>There was a, uh, an election in November of 2012.

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<v Franco Lucin>Pardon me, it's just hard to keep all these straight from memory.

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<v Franco Lucin>Um, So there have been, there have been a number of, uh, well, the ballot initiative in 2012, um, I can't tell which of these amendments is by ballot measure.

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<v Franco Lucin>Let's see, there was a special compliance amendment, but I don't know that that went to the voters.

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<v Franco Lucin>Um, I might have to get back to you on that, President Dunphy.

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<v Jamie Dunphy>No problem.

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<v Franco Lucin>Apologies, there's, there's a number, a number of amendments.

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<v Jamie Dunphy>You're not expected to be a historian and a lawyer, so thanks.

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<v Dan Ryan>Thank you.

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<v Sameer Kanal>Thanks, Council President.

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<v Sameer Kanal>I, I might maybe— would, would the same answer apply to a slightly different question, which is, can you explain not the 2012 change but anything about why 2006 happened?

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<v Franco Lucin>Why 2006 happened?

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<v Franco Lucin>I think, um, I mean, it preceded me, but I do think that there was an examination of the The structure of the plan and how it was funded and how could, um, how to minimize the risk to the, to the plan, the participants, and the taxpayers, um, by virtue of how the, how the plan was funded.

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<v Franco Lucin>And so the, uh, you know, the result obviously was the creation of FPDR 3 and less, less of the beneficiary population as being subject to the pay-as-you-go funding.

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<v Sameer Kanal>Okay, thanks.

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<v Sameer Kanal>Seeing no one else in the queue, I'm going to say thank you.

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<v Sameer Kanal>We might ask you back up at some point, but I'm going to welcome up the Deputy Director of FPDR, Stacy Jones, as well as our Chief Financial Officer, Jonas Beery.

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<v Sameer Kanal>Thank you both for being here.

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<v Sameer Kanal>Acknowledge that we have a director in the back there, and I want to acknowledge him for his service.

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<v Sameer Kanal>I know that he's On his way to retirement, if I hear soon or not.

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<v Sameer Kanal>I don't know exactly your date, but I just wanted to say thank you for the service as well.

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<v Sameer Kanal>But take it away.

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<v Sameer Kanal>I don't know who's going first.

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<v Danny Dacelle>Great.

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<v Jonas Beery>Thank you, Chair and committee.

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<v Jonas Beery>And yeah, thank you for acknowledging current, for a few weeks anyway, current Director Sam Hutchinson, who's, I believe, leaving us as the longest-standing bureau director currently at the city.

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<v Jonas Beery>And so appreciate Sam for all your commitment to the city.

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<v Jonas Beery>So we'll start.

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<v Jonas Beery>Just the quick slide.

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<v Jonas Beery>Yeah, thank you, Leslie.

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<v Jonas Beery>So just quick run of show for the next few minutes with Stacy and I, and then get to other speakers and questions.

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<v Jonas Beery>We just want to share a little bit about the current FPDR plan and funding expectations under the current circumstances.

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<v Jonas Beery>We'll probably skip past a couple slides because Franco covered a couple of these in greater detail than we have.

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<v Jonas Beery>And then also want to end with a quick snapshot of why kind of potential funding alternatives May present some challenges that council should be aware of.

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<v Jonas Beery>So let's move forward, Leslie, and I think we'll skip through— we have just for reference a couple of slides that summarize the plan and the fund, but this is largely similar to the information City Attorney just presented.

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<v Jonas Beery>So we'll move on to a couple slides further in the interest of time.

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<v Jonas Beery>Yeah, so just wanted to talk a little bit about very generally kind of standard pension funding models.

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<v Jonas Beery>And we can go to the next slide, please.

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<v Jonas Beery>The standard The standard model for most pension funds, public pension funds, is to pre-fund or at least partially pre-fund for future costs and liabilities.

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<v Jonas Beery>That typically can be less expensive, aligns to the principle of intergenerational equity.

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<v Jonas Beery>And acknowledging this is, I think, where the question— line of questioning a moment ago was going.

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<v Jonas Beery>Since 2007, FPDR has been transitioning to a partially pre-funded model via that charter change in 2006.

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<v Jonas Beery>Thank you.

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<v Jonas Beery>That moved sworn employees to be covered by PERS and the prefunded, partial prefunding model of PERS.

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<v Jonas Beery>So that is underway, and I think Stacy will talk a little more about that.

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<v Jonas Beery>Next slide, please.

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<v Jonas Beery>The FP&R plan, at least the legacy model of the FP&R plan, is a pay-as-you-go plan.

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<v Jonas Beery>A few decades ago, this kind of a plan was very common for public pensions.

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<v Jonas Beery>I think today, other than Social Security, there are very few.

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<v Jonas Beery>Strictly pay-as-you-go plans, public pension plans remaining.

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<v Jonas Beery>And again, the FPDNR system does— was historically and partially remains pay-as-you-go while the long tail of transitioning to state PERS is completed.

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<v Jonas Beery>Also really important to note, as was previewed in the City Attorney presentation, FPDNR system is extremely unique among public pensions in that it, despite it being pay-as-you-go, Also has extremely unique one-of-a-kind payment source, which is the dedicated charter-approved property tax levy.

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<v Jonas Beery>So just acknowledging that that unique element makes it a little difficult to do apples-to-apples comparisons to other pension systems.

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<v Jonas Beery>Just a— uniquity is a word someone used recently, a uniquity that we have to consider as we think about that.

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<v Jonas Beery>And happy to dig into this more, but in the interest of time, we'll just go ahead and hand to Deputy Director Jones for the next few slides.

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<v Stacy Jones>Thanks.

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<v Stacy Jones>Good afternoon.

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<v Stacy Jones>Thanks so much for having me today.

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<v Stacy Jones>For the record, I'm Stacy Jones, Deputy Director/Pension Manager/Finance Manager over at FPDR.

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<v Stacy Jones>Can we go to the next slide, please, Leslie?

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<v Stacy Jones>So as Jonas and Franco have both mentioned, the FPDR pension plan was closed at the end of 2006.

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<v Stacy Jones>So what does that look like in a chronological yeah.

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<v Stacy Jones>Well, the good thing about operating a closed plan is that you have very predictable and obviously finite time horizon.

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<v Stacy Jones>And we also have some really clear demographic and financial markers as we close out the plan.

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<v Stacy Jones>It is a long process, and that is because pension plans are very long-lived things, which is because human beings are long-lived things, which is probably a good thing, or at least I'm sure we all think it is.

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<v Stacy Jones>So I just want to point out a few things on this.

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<v Stacy Jones>Number one, where are we now?

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<v Stacy Jones>Here in 2026, a little over 4/5 of our legacy FPDR plan members are retired, and those remaining active employees are going to retire over the next few years.

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<v Stacy Jones>Second, just want to point out that the FPDR plan benefit costs and the FPDR tax levy— and I'll talk a bit more about why those are slightly different— are going to peak in the next 5 to 10 years and then start declining.

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<v Stacy Jones>Thank you.

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<v Stacy Jones>And then last, just the total plan closeout will likely happen by the 2070s when the last FPDR beneficiaries pass away.

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<v Stacy Jones>And at that point, then the FPDR levy will only fund PERS contributions for active sworn employees and FPDR disability plan costs.

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<v Stacy Jones>If we could bump to the next slide.

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<v Stacy Jones>So let me talk a little bit about how the FPDR fund itself works.

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<v Stacy Jones>Thank you.

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<v Stacy Jones>Costs, the tax levy, and projections for both of those over the next few decades.

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<v Stacy Jones>So I promise I won't read every word on this slide, but let me just point out a few things.

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<v Stacy Jones>The levy is stress-tested every 2 years by an independent actuarial firm, and that testing shows near certainty that the levy will always be an adequate resource for FPDR costs within that charter cap.

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<v Stacy Jones>Essentially, you know, the odds of ever needing resources beyond what the FPDR levy can provide to cover FPDR costs is very, very low, like lower than the probability that I'll ever get through my email inbox.

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<v Stacy Jones>It's never going to happen.

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<v Stacy Jones>Another thing I just want to point out is that like all permanent levies, the FPDR levy is both a victim and a perpetrator of tax compression, and we can talk more about that later if you like.

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<v Stacy Jones>I do think this slide is also a good place to mention, although it's not on the slide, Yes.

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<v Stacy Jones>So I just wanna remind that the total FPDR plan liability is $3.6 billion as of June 30th.

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<v Stacy Jones>And you will sometimes hear people talk about that as an unfunded liability.

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<v Stacy Jones>And it is an unfunded liability in an accounting sense because governmental accounting standards require us to book all those future benefit payments all the way out until the very end of the plan as a liability today.

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<v Stacy Jones>But we cannot— governmental accounting standards prohibit us from booking all those future tax revenues that will pay for those benefits We cannot book those as an asset today.

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<v Stacy Jones>So in an accounting sense, it is indeed unfunded.

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<v Stacy Jones>But in a sort of practical cash flow sense, there is no funding gap.

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<v Stacy Jones>The projected resources from the levy are sufficient at projections to fully offset those future benefit payments.

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<v Stacy Jones>So just wanted to mention that kind of important point.

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<v Stacy Jones>Next slide, please.

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<v Stacy Jones>I'm going to make you look at charts.

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<v Stacy Jones>Well, they're kind of pretty anyway.

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<v Stacy Jones>Thank you.

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<v Stacy Jones>This chart illustrates projected FPDR plan benefit costs.

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<v Stacy Jones>So this is plan benefit costs through 2063 in nominal dollars.

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<v Stacy Jones>And this was prepared by an independent actuarial firm.

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<v Stacy Jones>And so you can see that we're still in like the climbing phase of the plan closeout, although we're almost to the top because we expect those plan expenses to peak in about 10 years.

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<v Stacy Jones>Unfortunately, there's no quick like gondola ride down the other side of the mountain when we get to the top.

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<v Stacy Jones>Yeah.

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<v Stacy Jones>But once all the legacy plan members have retired, then mortality will start to have its impacts, and then we'll have this long continuous decline in expenses throughout the 2040s, 2050s, and 2060s.

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<v Stacy Jones>So this is just, you know, kind of a good visual of the natural bell curve trajectory involved in closing a pay-as-you-go plan in a dollars and cents sense.

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<v Stacy Jones>If we weren't starting at 2024, it would really look more like a bell curve if you could see those earlier years.

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<v Stacy Jones>Thank you.

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<v Stacy Jones>Ramping up.

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<v Stacy Jones>I mean, it actually looks a lot like the amortization of an unfunded liability in a prefunded plan, but this is happening over a longer period of time.

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<v Stacy Jones>Next slide, please.

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<v Stacy Jones>So this chart shows a 20-year projection of total fund costs, not just plan costs, also prepared by an independent actuarial firm.

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<v Stacy Jones>So the costs on this slide now include the prefunded PERS contributions for sworn employees hired after 2006 who are in PERS, not in the FPDR plan, as well as the costs you saw on the previous slide for the pay-as-you-go FPDR plan benefits as the plan closes out.

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<v Stacy Jones>But it shows a similar pattern with total FPDR fund costs peaking in the 2030s and then starting to decline.

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<v Stacy Jones>The decline is a little more gradual because we've folded in those PERS contributions and those PERS contributions are never going away.

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<v Stacy Jones>So that's why the decline is a little more gradual.

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<v Stacy Jones>So I think this slide is a better depiction of the whole transition, and I think it shows best why this moment in the transition is so expensive.

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<v Stacy Jones>Current taxpayers are intentionally bearing the full or almost full double burden of both funding current pay-as-you-go pension benefits for an entire cohort of legacy retirees and prefunding the sworn pensions of almost an entire cohort of the current active sworn workforce.

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<v Stacy Jones>So you can kind of see that in this slide.

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<v Stacy Jones>I mean, of course they're doing that to secure long-term savings for future generations of taxpayers, but that double burden is there right now.

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<v Stacy Jones>I mean, it's kind of like paying for your kids' college tuition while you're paying off your student loans, if any of you have ever had that experience.

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<v Stacy Jones>So I think that's a good way to think of it.

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<v Stacy Jones>Next slide.

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<v Sameer Kanal>Sorry, can I just—.

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<v Sameer Kanal>Yes.

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<v Sameer Kanal>When that thing that you just described with the double payment, what is the time-bound— like, what is the era in which people are paying double?

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<v Stacy Jones>I mean, I would say that it is roughly across 2 generations.

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<v Stacy Jones>Starting in 2007?

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<v Stacy Jones>Starting in 2007, and then and then fully winding down in the 2070s when those last beneficiaries die.

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<v Stacy Jones>So earlier I mentioned, hey, this kind of looks like what you would do with an unfunded liability in a prefunded plan, but normally you'd pay down a liability in 20 or 30 years in a prefunded plan.

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<v Stacy Jones>We're doing the same thing, but over a longer period of time.

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<v Stacy Jones>Exactly.

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<v Stacy Jones>Does that make sense?

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<v Stacy Jones>Okay.

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<v Stacy Jones>So this slide shows some historic actuals and projections for the FPDR tax levy.

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<v Stacy Jones>So I want to make sure everyone understands this is the RMV rate, the real market value rate levy, not the AV assessed value rate.

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<v Stacy Jones>We pay very close attention to the RMV rate because that's what the cap is on in city charter.

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<v Stacy Jones>But I can also talk to you about the AV rate, which is what property taxpayers actually see.

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<v Stacy Jones>So this slide shows the actual RMV levy rate for the last 5 years, the city projected rate for the next 5 years.

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<v Stacy Jones>And the last 5 years.

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<v Stacy Jones>Next 5 years, and then a rate projection for the following 15 years that has been prepared by an independent actuarial firm.

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<v Stacy Jones>I mean, so again, it's kind of a similar visual to the last 2 slides.

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<v Stacy Jones>We expect the RMV levy to peak in 5-ish years at $1.75.

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<v Stacy Jones>I think that peak may push out and up a little bit when this model is updated in a few months.

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<v Stacy Jones>This data is from the 2024 financial model, which is the latest one that we have.

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<v Stacy Jones>Thank you.

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<v Stacy Jones>But the takeaway is that this trajectory, you know, aligns with what was described in the 2006 ballot measure and is the result of the 2006 ballot measure.

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<v Stacy Jones>But just for reference, the current assessed value rate— so this is what taxpayers are actually looking at in '26-'27 when they get their bills— it should be about $3.19 per $1,000 of assessed value.

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<v Stacy Jones>And I can talk about the history and projections for that as well if you would like.

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<v Stacy Jones>Thank you.

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<v Stacy Jones>But for now, I'm going to hand it back over to Jonas for the last slide or 2.

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<v Jonas Beery>Great, thanks, Stacy.

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<v Jonas Beery>So the last slide— yeah, and you go ahead and bump one forward, please— is just a quick snapshot.

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<v Jonas Beery>I think we're probably going to hear more about this, but just a quick snapshot of some general different strategies that could be explored and sort of our quick view of key trade-offs.

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<v Jonas Beery>So the first option would be to create a cash reserve, to cash fund.

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<v Jonas Beery>That's likely unviable.

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<v Jonas Beery>It requires significant one-time resource that, to my knowledge, does not exist.

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<v Jonas Beery>A second option would be to adjust the rules and the levy so that we could have sort of a one-time increase in that levy rate, the levy resource, and create a one-time funding source.

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<v Jonas Beery>But of course, that would be pretty disruptive to current year or whatever year we implement that tax yes.

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<v Jonas Beery>Taxpayers in that year would have pretty severe tax compression impacts, including impacts to the city and overlapping jurisdictions.

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<v Jonas Beery>So we characterize that as highly disruptive.

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<v Jonas Beery>Third option would be to increase the levy rate, the FPDR levy rate within the charter limit over a period of time.

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<v Jonas Beery>So increasing the burden on near-term taxpayers to mitigate those costs in the long term.

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<v Jonas Beery>Again, would have similar impacts to the second option, just at a lower level, but still fairly disruptive to current circumstances and near-term taxpayers.

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<v Jonas Beery>And then the fourth option is one that sometimes is used for pension systems, public pension systems, has been used by the city in the distant past, and that's issuing pension obligation bonds to provide that prefunding resource.

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<v Jonas Beery>I think that's a good option.

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<v Jonas Beery>And I'll note, while technically that is feasible, it does increase risk to the city's financial system.

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<v Jonas Beery>It relies critically on achieving investment earnings that are higher than the cost of borrowing on those pension bonds.

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<v Jonas Beery>It impacts the city's debt limitations and the city's broader credit risk profile.

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<v Jonas Beery>The GFOA, Government Finance Officers Association, actually has a best practice that advises against issuance of pension bonds, largely yes.

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<v Jonas Beery>Because of that risk elevation rate.

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<v Jonas Beery>And just noting as well that similar to kind of maybe the third option, one of the trade-offs of pension bonds is likely that it would reduce the levy rate in the near term, but extend that tail, increase some of those levy rates in the longer years as we pay that off, or at least if we pay off whatever amount we're sort of pushing through the debt service.

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<v Jonas Beery>So short of— To quickly summarize from our perspective, short of some sort of fundamental shift in the financial reality or fundamental shift in the projections or someone offering the city a low-risk windfall resource, it does seem like from the seat I sit in that the viable strategy is to stay the current course, To recognize that we are on a pathway of moving towards long-term levy rate reductions to taxpayers, that that was implemented in '26, and accept that sort of reality so we can get to a place of long-term financial stabilization and get those levy rate decreases for the next many decades through 2070 and beyond.

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<v Jonas Beery>Last note I'll make is appreciate appreciate the space for the conversation.

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<v Jonas Beery>As, as I've acknowledged in this room and with folks here, I absolutely love anything that can help save the city money, that can help reduce costs, costs to the city, costs to our residents and taxpayers.

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<v Jonas Beery>So value the space for the conversation and look forward to hearing any other ideas or options about how we might achieve that.

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<v Sameer Kanal>Thank you.

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<v Sameer Kanal>I'm going to open up the queue before we get to our 3rd, uh, presenter for any clarifying questions.

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<v Sameer Kanal>Um, I'm going to go to Councilor Pirtle-Guiney, then Council President Dunphy.

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<v Elana Pirtle-Guiney>Thank you, Chair Kanal.

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<v Elana Pirtle-Guiney>Um, so just to clarify, the levy is set to continue paying for our PERS contributions for this group of workers in perpetuity, essentially, at this point.

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<v Elana Pirtle-Guiney>The levy doesn't go away or reduce dramatically to just cover the retirement Or the, I'm sorry, the disability pieces or death benefit pieces, we continue to assess that levy for our PERS payments.

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<v Elana Pirtle-Guiney>Is that accurate?

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<v Stacy Jones>Yes, that is correct.

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<v Stacy Jones>So that is the funding source for the city's sworn PERS contributions in perpetuity.

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<v Stacy Jones>I mean, the levy will still reduce dramatically once we've gotten rid of these legacy pay-as-you-go costs, but the levy will continue in perpetuity funding those sworn PERS contributions as the charter is written now.

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<v Stacy Jones>And also the very minor costs of the FPDR disability plan.

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<v Elana Pirtle-Guiney>Okay.

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<v Elana Pirtle-Guiney>And I want to ask a question about when this double payment period ends, because on the 2 charts you had on pages 12 and 13, the cost of the FPDR plans extends out to almost 2070, it looks like.

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<v Elana Pirtle-Guiney>And so you really see that full taper.

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<v Elana Pirtle-Guiney>We don't We don't get to see that on the other chart because it ends in 2044.

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<v Elana Pirtle-Guiney>If the second chart had extended, would we see a dramatic reduction when we stop prepaying, or would we not see that dramatic reduction?

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<v Stacy Jones>You would see a dramatic reduction.

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<v Stacy Jones>I mean, our actuary just didn't prepare that slide as far out as they do for the pension plan piece, but you would see a similar reduction.

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<v Stacy Jones>It's more gradual, as I mentioned before, because So we're not getting rid of those PERS benefits or the PERS contributions.

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<v Stacy Jones>And I should also mention that you would see it getting more and more volatile.

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<v Stacy Jones>You'll see the volatility in this kind of box and whiskers chart, and the volatility is increasing as we go on in time.

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<v Stacy Jones>And that's because of all the uncertainty around PERS investment returns the further out you get, which creates uncertainty about PERS contribution rates the further out you get.

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<v Elana Pirtle-Guiney>That's just normal uncertainty with actuaries predicting further out?

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<v Stacy Jones>Just normal uncertainty that any finance person would yes.

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<v Elana Pirtle-Guiney>So when we changed to Plan 3, do we call it Plan 3 or do we call it Tier 3 like PERS?

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<v Stacy Jones>We call it FPDR 3, but—.

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<v Justin Holt>Okay.

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<v Elana Pirtle-Guiney>When we changed to FPDR 3, was there conversation about the fact that we would see a massive rate spike because we would be double paying both the pay-as-you-go and the prefunding at the same time?

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<v Stacy Jones>Well, that predates my time, but I can tell you, I mean, we do have the ballot measure language.

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<v Stacy Jones>The ballot measure itself did say that.

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<v Stacy Jones>So let me read, like, here's a sentence from the 2006 ballot measure: Changing the retirement system for new public safety officers is expected to increase the existing property tax levy rate in the short term and decrease the rate in the long term.

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<v Stacy Jones>Okay.

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<v Stacy Jones>So I can tell you that.

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<v Elana Pirtle-Guiney>Maybe we weren't clear on the extent of time, but it was transparent.

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<v Jonas Beery>Yeah, and Councilor, I would add too, I mean, I don't know exactly how long we've been working with Milliman, but we have continued to have we have for decades that forecast report that would've also been a resource to show that.

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<v Jonas Beery>We know, at least in the time Stacy and I have been around, there have been moments where that levy adequacy report did suggest there was risk of being higher than the charter limit.

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<v Jonas Beery>That was a concern a decade or so ago.

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<v Jonas Beery>And so, A, it has been known and opportunities to communicate out what was happening with the projection of the levy.

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<v Jonas Beery>We've certainly done that in the context of prior year budget conversations and acknowledging that the current profile, cost profile and risk profile is actually lower today than it would've been, say, a decade ago.

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<v Angelita Morillo>Okay.

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<v Elana Pirtle-Guiney>I think that might be helpful information to be able to share.

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<v Elana Pirtle-Guiney>Thank you.

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<v Sameer Kanal>Thank you, Councilor Pirtle-Guiney.

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<v Sameer Kanal>Councilor President Dunphy.

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<v Jamie Dunphy>Thank you.

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<v Jamie Dunphy>Jonas, at the beginning you mentioned that the pay-as-you-go model was a pretty common way that municipalities paid for these things a while ago.

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<v Jamie Dunphy>And, you know, obviously the State of Oregon has moved towards PURS.

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<v Jamie Dunphy>And we are now in this vaguely uncomfortable and very expensive double-paying situation.

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<v Jamie Dunphy>How are other cities in other places that used to do these things?

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<v Jamie Dunphy>I mean, I assume there has to be an example somewhere that they have figured out a path forward on how to not double-pay this way, or is there any other good national— I'm just— I don't want to reinvent the wheel, and Portland loves to reinvent the wheel all the time.

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<v Jamie Dunphy>Do we know if there are cities that have figured out a way to not well, I guess my initial answer would be—.

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<v Jonas Beery>Would probably be no.

503
00:58:47.436 --> 00:58:53.940
<v Jonas Beery>And also, you know, I think that the cost relationship between a traditional— well, there's a couple factors at play.

504
00:58:54.326 --> 00:59:17.548
<v Jonas Beery>One, because that transition happened so long ago, I mean, 3 decades ago essentially, the scale of benefit payments, both because of smaller payrolls and lower expectations around long-term benefits, And frankly, probably not great math assumptions that were made in the '80s and '90s made it a less difficult lever to turn.

505
00:59:18.239 --> 00:59:21.048
<v Jonas Beery>So that's probably the biggest issue, biggest delta.

506
00:59:21.369 --> 00:59:26.121
<v Jonas Beery>I think the second really important thing is just the uniqueness of the levy funding model, right?

507
00:59:26.170 --> 00:59:34.407
<v Jonas Beery>That even those prior systems that made that kind of a transition didn't have the benefit of getting a dedicated property tax.

508
00:59:34.454 --> 00:59:51.652
<v Jonas Beery>And so they had a little different ability to sort of already be planning ahead for those long-term costs in a way that we just didn't as a city because we were, we were so reliant for, I don't know, 50 or 60 years on that existing property tax levy that is really one of a kind in the country.

509
00:59:51.909 --> 01:00:03.759
<v Jamie Dunphy>Okay, so it's like short of Phil Knight dropping a billion bucks and being like, here you go, we'll pay for it, based on the slide that has the different sort of options of potential models.

510
01:00:05.309 --> 01:00:09.231
<v Jamie Dunphy>Am I hearing you correctly that basically you think we are on the best path right now?

511
01:00:10.362 --> 01:00:11.775
<v Jonas Beery>That is my assessment.

512
01:00:11.822 --> 01:00:17.679
<v Jonas Beery>I mean, certainly this has been something that's not a new conversation and something that we've been paying close attention to.

513
01:00:18.150 --> 01:00:40.311
<v Jonas Beery>And yeah, I mean, I think the viable alternative would be to accept the different risk profile around pension obligation bonds, which would, And I don't know that I have math handy at the moment, but the general assessment is we would probably be able to thin out some payments for the short term, kind of up until the peak.

514
01:00:40.873 --> 01:00:44.614
<v Jonas Beery>And the trade-off would be extending those payments down the road.

515
01:00:45.112 --> 01:00:46.525
<v Jonas Beery>And so that's viable.

516
01:00:46.974 --> 01:00:52.514
<v Jonas Beery>We just need to be eyes open that that's probably the trade-off is we're getting a little bit of short-term relief.

517
01:00:53.221 --> 01:01:00.300
<v Jonas Beery>And I would say a little bit, like, Thank you.

518
01:01:01.996 --> 01:01:04.661
<v Sameer Kanal>Thank you.

519
01:01:05.050 --> 01:01:07.373
<v Sameer Kanal>I am last in the queue, so I got a few questions.

520
01:01:09.010 --> 01:01:13.940
<v Sameer Kanal>The bell curve that's shown in slide 12, is it adjusted for inflation?

521
01:01:14.782 --> 01:01:16.480
<v Stacy Jones>That one is nominal.

522
01:01:16.884 --> 01:01:18.755
<v Stacy Jones>We decided not to throw too many charts at you.

523
01:01:18.822 --> 01:01:19.952
<v Stacy Jones>I do have that chart in inflation-adjusted form.

524
01:01:20.110 --> 01:01:29.630
<v Stacy Jones>I mean, in terms— but it shows the— it has a similar curve to it.

525
01:01:29.630 --> 01:01:30.929
<v Elana Pirtle-Guiney>Sure.

526
01:01:30.929 --> 01:01:33.320
<v Stacy Jones>It's a more dramatic curve.

527
01:01:34.269 --> 01:01:40.349
<v Sameer Kanal>It shows that in nominal terms that our costs don't level out back to today's level until 2055.

528
01:01:40.349 --> 01:01:43.630
<v Sameer Kanal>So even though it peaks then, it's still above what we're currently at.

529
01:01:43.630 --> 01:01:44.230
<v Sameer Kanal>Yes.

530
01:01:44.230 --> 01:01:45.650
<v Sameer Kanal>Till 2055.

531
01:01:45.650 --> 01:01:47.050
<v Sameer Kanal>I just think that's important to know.

532
01:01:47.050 --> 01:01:56.148
<v Sameer Kanal>In the 2006 ballot measure, in response to Councilor Pirtle-Guiney's question, you said that the ballot measure text said it would increase the tax in the short term but decrease it in the long term.

533
01:01:56.789 --> 01:01:58.922
<v Sameer Kanal>In retrospect, was the short term till 2070?

534
01:01:59.757 --> 01:01:59.949
<v Sameer Kanal>Is that—.

535
01:01:59.949 --> 01:02:02.195
<v Sameer Kanal>Because that's when you've said it, it seems to be.

536
01:02:03.429 --> 01:02:06.541
<v Stacy Jones>I have absolutely no idea what they meant by the short term.

537
01:02:06.717 --> 01:02:18.128
<v Stacy Jones>I wasn't here then, and I, I, and I don't know if there was additional explanation around what short term meant, or, or I don't even know If, if people had sort of done a projection of when that would happen.

538
01:02:18.340 --> 01:02:18.956
<v Stacy Jones>I'm sorry, that was—.

539
01:02:18.956 --> 01:02:30.664
<v Sameer Kanal>With the knowledge we have now, would it be fair to say that, that, you know, if they could have seen into the future what, what increasing and decreasing tax time frames— you're talking about 2070, right?

540
01:02:31.632 --> 01:02:34.199
<v Stacy Jones>For 2070 for total closeout of the plan.

541
01:02:35.282 --> 01:02:35.458
<v Angelita Morillo>Okay.

542
01:02:35.523 --> 01:02:35.862
<v Angelita Morillo>Yeah.

543
01:02:37.445 --> 01:02:47.168
<v Sameer Kanal>Um, can you explain— we haven't really heard this for FPDR 1 and 2 versus 3, is there a difference in the benefits or is it just the finances?

544
01:02:47.280 --> 01:02:48.452
<v Sameer Kanal>And if so, what are the differences?

545
01:02:49.045 --> 01:02:50.056
<v Stacy Jones>Yeah, that's a great question.

546
01:02:50.956 --> 01:02:51.855
<v Stacy Jones>There is a difference.

547
01:02:51.918 --> 01:02:53.556
<v Stacy Jones>There's a difference in the financing mechanism.

548
01:02:53.684 --> 01:02:55.000
<v Stacy Jones>You know, PERS is the prefunded.

549
01:02:55.047 --> 01:02:56.572
<v Stacy Jones>We've kind of beat on that horse.

550
01:02:57.391 --> 01:03:01.579
<v Stacy Jones>But there is a difference in the benefits, and I'd have to go and dig up for you.

551
01:03:01.724 --> 01:03:18.130
<v Stacy Jones>But essentially, FPDR 2 members can get a maximum of $84,000 of their final pay if they work for 30 years or more as their pension, their final pay that doesn't include overtime.

552
01:03:18.822 --> 01:03:28.472
<v Stacy Jones>The formula in OPSERP, which is the 3rd tier of the PERS plan for public safety, which is what most of our folks are enrolled in, is I believe it is 2%.

553
01:03:28.536 --> 01:03:32.485
<v Stacy Jones>Boy, I'd have to— no, I don't wanna hold myself to that.

554
01:03:32.550 --> 01:03:32.775
<v Stacy Jones>It is less.

555
01:03:32.920 --> 01:03:33.128
<v Stacy Jones>Yes.

556
01:03:34.155 --> 01:03:34.333
<v Stacy Jones>It is.

557
01:03:34.541 --> 01:03:38.027
<v Stacy Jones>They get a little bit less out of— it's a lower percentage.

558
01:03:38.090 --> 01:03:40.387
<v Stacy Jones>I'd have to go look it up to be sure I'm not saying the wrong thing.

559
01:03:41.222 --> 01:03:46.603
<v Stacy Jones>But they are allowed to include overtime earnings to some degree in that final pay.

560
01:03:47.260 --> 01:03:57.153
<v Stacy Jones>So it's a very difficult— and then they have an IAP, an individual account program that the FPDR fund also contributes 9% of their pay into.

561
01:03:57.362 --> 01:03:59.659
<v Stacy Jones>And that is on top of what they're getting out of the ops fund.

562
01:03:59.739 --> 01:04:00.862
<v Stacy Jones>Or public safety plan.

563
01:04:01.456 --> 01:04:09.114
<v Stacy Jones>So we have never done, that I'm aware of at the city, a comparison of how those benefits line up.

564
01:04:09.387 --> 01:04:17.077
<v Stacy Jones>Milliman does a test to make sure that our plan is at least equal to or better than the PERS plan, and we pass that with flying colors every time we take it.

565
01:04:17.672 --> 01:04:23.612
<v Stacy Jones>But to tell you exactly, like, well, which plan is better, but they are definitely different benefits.

566
01:04:23.708 --> 01:04:26.003
<v Stacy Jones>I don't know if Jonas has anything to add.

567
01:04:26.083 --> 01:04:38.222
<v Sameer Kanal>Is it possible to answer the question as to whether or not On net, it was a reduction when FPDR 3 was created in benefits, reduction in benefits?

568
01:04:38.463 --> 01:04:40.293
<v Jonas Beery>I mean, it's a good question.

569
01:04:41.047 --> 01:04:42.027
<v Jonas Beery>Is it possible?

570
01:04:42.396 --> 01:04:43.248
<v Jonas Beery>Probably.

571
01:04:43.585 --> 01:04:45.657
<v Jonas Beery>It would be a challenge.

572
01:04:46.090 --> 01:04:49.927
<v Jonas Beery>We'd have to kind of— I'd have to kind of try to wrap my head around how we would do that lineup.

573
01:04:50.811 --> 01:05:05.606
<v Jonas Beery>I mean, I think one of the, The clear benefits of that was that, A, the long-term cost trajectory began to bend down, right?

574
01:05:05.653 --> 01:05:13.177
<v Jonas Beery>And so I think that was a clear— it's maybe hard to quantify, but that was a clear benefit.

575
01:05:13.675 --> 01:05:22.771
<v Jonas Beery>And then both the trajectory of cost and obviously moving to the prefunding model away from the current model was a benefit.

576
01:05:22.835 --> 01:05:28.822
<v Jonas Beery>But yeah, I think we'd have to do some thinking about the effort involved to do that kind of a comparative analysis.

577
01:05:29.014 --> 01:05:49.643
<v Stacy Jones>And as a pension, you know, policy person, I just want to point out the difficulty of comparing the PERS hybrid plan to the defined benefit FPDR plan, because the FPDR benefit is defined benefit, which means we have promised these people benefits and we will pay those benefits until the day they die, and then we'll pay their spouses until the day they die.

578
01:05:50.429 --> 01:05:52.148
<v Stacy Jones>And the PERS plan has a yeah.

579
01:05:52.293 --> 01:05:59.860
<v Stacy Jones>Has a defined contribution component in that IEP, which means that the member or the employee bears some risk.

580
01:06:00.342 --> 01:06:04.130
<v Stacy Jones>You know, the IEP, like maybe it goes up, maybe it goes down, it is what it is at the end of the day.

581
01:06:04.775 --> 01:06:08.985
<v Stacy Jones>That risk is on them instead of the employer for the IEP portion.

582
01:06:10.695 --> 01:06:17.699
<v Stacy Jones>So the hybrid plan, I mean, and actuaries can do that, they can price that in and they'll quantify basically that risk factor.

583
01:06:18.528 --> 01:06:19.523
<v Stacy Jones>So it can be done.

584
01:06:20.422 --> 01:06:25.699
<v Stacy Jones>But those are some of the complexities involved in saying definitively, is one of these better or worse than the others?

585
01:06:26.132 --> 01:06:33.557
<v Stacy Jones>And I did wanna say, I looked it up really quickly and the formula for OPSERP Public Safety is 1.8% times years of service.

586
01:06:33.990 --> 01:06:40.711
<v Stacy Jones>So at 25 years of service, you would get 45% of your final pay, plus you have whatever's in your IP.

587
01:06:40.807 --> 01:06:41.978
<v Stacy Jones>That's why it's a hybrid plan.

588
01:06:42.668 --> 01:06:45.635
<v Stacy Jones>At 25 years in our plan, you get 78% of your final pay.

589
01:06:45.764 --> 01:06:45.956
<v Stacy Jones>Thank you.

590
01:06:47.382 --> 01:06:48.121
<v Stacy Jones>But there's no IEP.

591
01:06:48.969 --> 01:06:53.280
<v Stacy Jones>And again, our final pay doesn't include overtime, and PERS final pay does.

592
01:06:53.697 --> 01:06:58.760
<v Stacy Jones>So those are some of the, the wiggly differences that make straight comparison pretty hard.

593
01:06:59.226 --> 01:07:00.266
<v Sameer Kanal>Yeah, that makes sense.

594
01:07:00.443 --> 01:07:06.548
<v Sameer Kanal>I, I know that there's also how people observe and perceive, uh, changes as, as a positive or negative.

595
01:07:06.612 --> 01:07:13.791
<v Sameer Kanal>That is hard to, um, for us to guess how each individual person last question.

596
01:07:13.903 --> 01:07:22.125
<v Sameer Kanal>In response to Councilor Pirtle-Guiney, you said that the box and whiskers graph has uncertainty, and you mentioned due to general uncertainty around returns from PERS.

597
01:07:22.717 --> 01:07:28.806
<v Sameer Kanal>I wanted to ask if there are two— about two other potential reasons, and if that adds to or changes uncertainty in any way.

598
01:07:29.367 --> 01:07:31.804
<v Sameer Kanal>One is that we don't know how long people will live.

599
01:07:32.652 --> 01:07:37.972
<v Sameer Kanal>Does the uncertainty around lifespan length create uncertainty as it goes further out?

600
01:07:38.021 --> 01:07:38.101
<v Olivia Clark>Yes.

601
01:07:39.626 --> 01:07:42.146
<v Stacy Jones>It does create uncertainty in a pay-as-you-go plan.

602
01:07:42.597 --> 01:07:45.197
<v Stacy Jones>So for the FPDR plan components, yes.

603
01:07:45.327 --> 01:07:52.182
<v Stacy Jones>I mean, it creates uncertainty in a prefunded plan too, because you have to put enough in to cover people's benefits until the day they die.

604
01:07:52.231 --> 01:07:52.936
<v Stacy Jones>Mm-hmm.

605
01:07:53.291 --> 01:07:55.313
<v Stacy Jones>So yes, there is uncertainty around that.

606
01:07:55.442 --> 01:07:59.585
<v Stacy Jones>It's much, much, much less uncertainty than around investment futures.

607
01:08:00.001 --> 01:08:03.646
<v Stacy Jones>Actuaries are— it kind of blows my mind, honestly, every single year.

608
01:08:03.871 --> 01:08:03.952
<v Stacy Jones>Yeah.

609
01:08:04.177 --> 01:08:14.445
<v Stacy Jones>You know, we— this sounds very morbid, but we assign a probability of death to every single plan member every single year and a probability of retirement based on what our actuaries give us for the data.

610
01:08:15.088 --> 01:08:17.800
<v Stacy Jones>And of course, there's a lot of variability in individuals.

611
01:08:17.993 --> 01:08:19.837
<v Stacy Jones>I mean, that's the whole point of statistics.

612
01:08:20.158 --> 01:08:26.801
<v Stacy Jones>But on the overall level, pretty much the exact same number of people they tell us are going to die in a year die in a year.

613
01:08:27.042 --> 01:08:31.006
<v Stacy Jones>It's really— it's kind of the magic of— it's the magic of statistics.

614
01:08:31.359 --> 01:08:33.154
<v Stacy Jones>Now, can I promise you that that will continue?

615
01:08:33.235 --> 01:08:38.417
<v Stacy Jones>Like, if we have massive longevity, I mean, the actuaries do build in longevity increases.

616
01:08:38.930 --> 01:08:43.150
<v Stacy Jones>Like, they've seen that, wow, humans keep living longer and longer, so we're going to assume that continues.

617
01:08:43.262 --> 01:08:44.916
<v Stacy Jones>They actually build that into their models.

618
01:08:45.284 --> 01:08:51.590
<v Sameer Kanal>So it does create uncertainty, but we've modeled out uncertainty fairly accurately in the past and have a lot of confidence.

619
01:08:51.654 --> 01:08:54.270
<v Stacy Jones>That is a great way to summarize what I just took a long time to say.

620
01:08:54.478 --> 01:08:54.671
<v Stacy Jones>Yes.

621
01:08:54.751 --> 01:08:54.992
<v Justin Holt>Okay.

622
01:08:55.279 --> 01:08:57.766
<v Sameer Kanal>I mean, actuaries are, y'all are a different breed.

623
01:08:57.863 --> 01:08:59.435
<v Sameer Kanal>I just want to say the way that that was.

624
01:08:59.868 --> 01:09:00.126
<v Sameer Kanal>Yeah.

625
01:09:00.399 --> 01:09:10.273
<v Sameer Kanal>But the, I guess the other thing is, does the size of the workforce make, create uncertainty?

626
01:09:10.417 --> 01:09:17.471
<v Sameer Kanal>If the size of, like, let's say there's way more or way fewer firefighters or police officers in the future, would that not also create uncertainty?

627
01:09:17.583 --> 01:09:19.368
<v Stacy Jones>That is a really great question.

628
01:09:19.980 --> 01:09:25.229
<v Stacy Jones>All of this assumes the size of the sworn workforce doesn't change a bit, not an iota.

629
01:09:25.872 --> 01:09:33.800
<v Stacy Jones>If we get into, council decides to add 100 new police officer positions or take away 100 firefighter positions, All these numbers have to change.

630
01:09:33.800 --> 01:09:34.439
<v Stacy Jones>They're all—.

631
01:09:34.439 --> 01:09:35.779
<v Stacy Jones>They just hold that static.

632
01:09:35.779 --> 01:09:39.229
<v Stacy Jones>They don't even try to factor in that the size may change.

633
01:09:39.960 --> 01:09:40.159
<v Tim Mercer>Got it.

634
01:09:40.159 --> 01:09:43.340
<v Sameer Kanal>And it's, it's, um, it's, it's a, it's a direct relation.

635
01:09:43.340 --> 01:09:44.119
<v Sameer Kanal>It's not inverse, right?

636
01:09:44.119 --> 01:09:45.189
<v Sameer Kanal>If it goes up, it goes up.

637
01:09:45.520 --> 01:09:48.079
<v Stacy Jones>Yeah, I mean, yeah, like how much and, you know, all of that.

638
01:09:48.079 --> 01:09:52.140
<v Stacy Jones>But yeah, you hire more people, it's going to cost us more, and you hire fewer people, it'll cost us less.

639
01:09:52.140 --> 01:09:53.600
<v Stacy Jones>Yes, I can confidently say that.

640
01:09:53.600 --> 01:09:58.979
<v Jonas Beery>And I would just also acknowledge that's true of all, of all systems, not just the, not just the sworn police system, right?

641
01:09:58.979 --> 01:10:03.292
<v Jonas Beery>But any system at the city any employee is a member of PERS.

642
01:10:03.389 --> 01:10:06.666
<v Jonas Beery>And so that's true of any circumstance where we're making those personnel changes up or down.

643
01:10:07.260 --> 01:10:07.564
<v Justin Holt>Great.

644
01:10:08.385 --> 01:10:08.578
<v Sameer Kanal>Thanks.

645
01:10:08.626 --> 01:10:11.514
<v Sameer Kanal>I'll pass it to Councilor Green and then we're gonna welcome our last presenter up.

646
01:10:13.659 --> 01:10:13.820
<v Mitch Green>Thanks.

647
01:10:13.917 --> 01:10:21.536
<v Mitch Green>Just real quick on that, you've kind of piqued my interest on that question, Chair Kanal, just to make sure I fully understand this.

648
01:10:21.617 --> 01:10:29.872
<v Mitch Green>So the source of all 3 tranches of FPDR Payments 1, 2, and 3, that, that all comes from the FPDR levy?

649
01:10:30.369 --> 01:10:30.515
<v Stacy Jones>Yes.

650
01:10:31.045 --> 01:10:41.752
<v Mitch Green>Okay, so even if we would be hiring more police officers, for, for example, and they'd be under FPDR 3, it still comes from the same bucket of money that pays for all 3 of them?

651
01:10:42.251 --> 01:10:42.490
<v Danny Dacelle>Yes.

652
01:10:42.828 --> 01:10:42.957
<v Stacy Jones>Yes.

653
01:10:43.005 --> 01:10:47.854
<v Mitch Green>So if we were to contemplate pre-funding and all that, that would— okay, I think I've got it.

654
01:10:48.143 --> 01:10:48.302
<v Mitch Green>Okay.

655
01:10:48.463 --> 01:10:49.090
<v Mitch Green>All right, thanks.

656
01:10:49.636 --> 01:10:50.470
<v Stacy Jones>Great, thank you.

657
01:10:50.920 --> 01:10:51.096
<v Sameer Kanal>Thanks.

658
01:10:51.161 --> 01:10:55.207
<v Sameer Kanal>I see Councilor Novick also got in the queue, so we'll, we'll wrap up after him and go to the next presenter.

659
01:10:55.287 --> 01:10:55.399
<v Justin Holt>Sorry.

660
01:10:56.765 --> 01:11:07.416
<v Steve Novick>So Councilor Kanal, for a minute there I was worried that you were going to propose a Logan's Run-style mandatory death date idea in order to eliminate the uncertainty of people's death.

661
01:11:07.693 --> 01:11:10.675
<v Steve Novick>But I'm glad to hear that the actuaries have taken care of that for us.

662
01:11:12.579 --> 01:11:16.546
<v Stacy Jones>Councilor Novick, you would enjoy the morbid humor that exists at a pension plan office.

663
01:11:16.981 --> 01:11:18.675
<v Steve Novick>I'm looking forward to hearing more of it.

664
01:11:20.864 --> 01:11:21.221
<v Sameer Kanal>Thank you.

665
01:11:21.368 --> 01:11:30.386
<v Sameer Kanal>All right, next up we're going to welcome, and he's online, David Drain, who is is the Principal Officer for State Fiscal Policy Project at the Pew Charitable Trusts.

666
01:11:30.451 --> 01:11:33.448
<v Sameer Kanal>Thank you so much for being here, David, and please take it away.

667
01:11:34.796 --> 01:11:35.244
<v David Drain>My pleasure.

668
01:11:35.484 --> 01:11:40.807
<v David Drain>It's always an exciting opportunity to share our research and our work.

669
01:11:41.913 --> 01:11:42.684
<v David Drain>My name is David Drain.

670
01:11:42.859 --> 01:11:46.114
<v David Drain>I'm going to try to get the full slideshow presentation.

671
01:11:46.162 --> 01:11:46.387
<v David Drain>Great.

672
01:11:46.435 --> 01:12:00.641
<v David Drain>So yeah, my name is David Drain with the Pew Charitable Trusts, a nonpartisan nonprofit that works on a wide range of public policy issues, but with a particular focus on topics that affect state and local governments on fiscal health, economic policy, and government performance.

673
01:12:02.305 --> 01:12:10.742
<v David Drain>And we've been working for, you know, since 2007 in our first report on the funding and policies around managing liabilities for public pension plans.

674
01:12:11.417 --> 01:12:22.761
<v David Drain>And the through line for our work has been the importance and value of actual prefunding and making sure that consistent and adequate funding is available to support the pension promises made to workers and retirees.

675
01:12:23.672 --> 01:12:39.725
<v David Drain>In addition to us, you know, groups like the Government Finance Officers Association and the National Association of State Retirement Administrators, you know, likewise have identified the importance of actual prefunding to the sustainability and affordability and long-term success of public retirement benefits.

676
01:12:41.478 --> 01:12:47.853
<v David Drain>And just to talk about what our data shows on the state level, we've seen significant improvement over time at states achieving this.

677
01:12:48.703 --> 01:12:54.404
<v David Drain>When you go back to 2003, We saw the majority of states were falling short of actual contribution benchmarks.

678
01:12:55.270 --> 01:13:13.509
<v David Drain>Now in 2023, the majority of states are achieving this, and the contributions coming into public pension plans, both from the states as well as the local governments participating in public pension plans like Portland with OPERS, are more than sufficient to pay down a portion of the pension debt that these plans have accumulated.

679
01:13:14.806 --> 01:13:19.421
<v David Drain>So then this gets to the question of how does this apply to Portland and FPDR?

680
01:13:20.079 --> 01:13:22.359
<v David Drain>You've heard a bunch about it.

681
01:13:23.002 --> 01:13:24.496
<v David Drain>Paygo since inception.

682
01:13:25.251 --> 01:13:27.500
<v David Drain>Current property tax receipts are paying for benefits today.

683
01:13:28.463 --> 01:13:36.092
<v David Drain>But as of 2006, newly hired police officers and firefighters in the prefunded OPSRP plan for their pension benefits.

684
01:13:37.121 --> 01:13:59.159
<v David Drain>And so then the question I think is, at least we see it, is how can Portland most effectively sustainably manage the cost of their legacy liabilities, given that they've got an actuarial prefunding approach for On the topic of why prefund and why, you know, we and others recommend this as kind of a general best practice: costs less over the long term.

685
01:13:59.159 --> 01:14:04.539
<v David Drain>You can set money aside today and have it generate investment returns for when those benefit checks come due.

686
01:14:04.659 --> 01:14:06.880
<v David Drain>Supports intergenerational equity.

687
01:14:06.880 --> 01:14:16.220
<v David Drain>Right now, Portland taxpayers are paying for service delivered years ago, and the prefunding approach lets you pay for both the salary and the benefits of the people doing public service today.

688
01:14:16.220 --> 01:14:16.260
<v David Drain>Thank you.

689
01:14:16.260 --> 01:14:16.300
<v David Drain>Councilmember Herbold.

690
01:14:18.079 --> 01:14:28.939
<v David Drain>And it provides a cushion for both employer and employee, helping reduce cash flow risk, because right now retirees are dependent on Portland's property tax receipts being sufficient to pay their benefit checks in the year they come due.

691
01:14:29.710 --> 01:14:38.510
<v David Drain>But also, prefunding has costs, and it costs more to save money today because you're going to, in those initial years, pay above that pay-go rate.

692
01:14:38.510 --> 01:14:42.770
<v David Drain>And then it exposes the sponsor, in this case Portland, to volatility from investment markets.

693
01:14:42.770 --> 01:14:43.010
<v Dan Ryan>So we're going to be looking at a couple of different options.

694
01:14:43.689 --> 01:14:45.471
<v David Drain>You're investing, you're hoping that money will grow.

695
01:14:45.712 --> 01:14:51.768
<v David Drain>Exactly how much it grows and, you know, what's the trajectory will— is uncertain and will depend on what markets do.

696
01:14:53.036 --> 01:14:57.854
<v David Drain>So I think from our research, from our recommendations, Portland would be better off today if they'd prefunded from the start.

697
01:14:57.918 --> 01:15:01.902
<v David Drain>I think that's, you know, something that has been said a bunch.

698
01:15:02.720 --> 01:15:03.331
<v David Drain>It's not clear.

699
01:15:03.604 --> 01:15:08.936
<v David Drain>And then the question is, what information would help the council and stakeholders make a decision about this?

700
01:15:09.001 --> 01:15:09.418
<v David Drain>Thank you.

701
01:15:09.698 --> 01:15:10.824
<v David Drain>But what, what should be done now?

702
01:15:12.445 --> 01:15:27.854
<v David Drain>And so I think we would talk, you know, we recommend for questions like this where there's uncertain trade-offs and, you know, a decision about what's best over the short term, the long term, and for Portland's needs, using forward-looking analysis.

703
01:15:28.708 --> 01:15:30.095
<v David Drain>What are the costs?

704
01:15:30.158 --> 01:15:32.390
<v David Drain>What are the benefit payments for pre-funded plan?

705
01:15:32.439 --> 01:15:35.471
<v David Drain>What are the funding levels over time across a range of investment scenarios?

706
01:15:35.520 --> 01:15:35.652
<v David Drain>Thank you.

707
01:15:36.770 --> 01:15:41.052
<v David Drain>And the reason we emphasize forward-looking estimates is that your point-in-time estimate doesn't tell you you're on the right track.

708
01:15:41.215 --> 01:15:49.806
<v David Drain>And so having a forward-looking assessment helps you understand both whether current policies lead to acceptable or unacceptable outcomes, and then would an alternative be better.

709
01:15:52.487 --> 01:16:05.171
<v David Drain>One thing that we really wanted to cite as we're, you know, kind of sharing, sharing some comments is that the levity adequacy analysis that Milliman does for FPDR is is an example of what we think is a best practice.

710
01:16:05.765 --> 01:16:12.222
<v David Drain>Having these projections, having them incorporate investment and other risks, and giving a forward-looking analysis.

711
01:16:12.769 --> 01:16:15.932
<v David Drain>So wanted to commend that practice as something we recommend generally.

712
01:16:16.430 --> 01:16:24.525
<v David Drain>We've seen greater usage in state and local governments, and Portland's example is an example of what we think should be done.

713
01:16:25.827 --> 01:16:30.708
<v David Drain>I think what would be helpful to these conversations is having similar analysis of different prefunding approaches.

714
01:16:31.240 --> 01:16:44.193
<v David Drain>So if instead of the current pay-go approach, you had either full prefunding or partial prefunding as an alternative model, what would that look like in terms of costs for the next 10 years, next 20 years, and next 70 years?

715
01:16:47.506 --> 01:16:48.534
<v David Drain>You saw this chart already.

716
01:16:49.305 --> 01:16:55.958
<v David Drain>So I'll just quickly note that the benefit payments on a nominal basis peak in 2038.

717
01:16:56.506 --> 01:17:05.502
<v David Drain>At that point, the cost of those benefit payments from you know, Portland's property tax receipts is going to go down in nominal terms, let alone in real terms.

718
01:17:06.131 --> 01:17:19.127
<v David Drain>But also that in 2063, you know, property taxes will be required to pay, you know, $100 million plus to pay for benefit payments once again for service done, you know, years and decades prior.

719
01:17:21.881 --> 01:17:23.707
<v David Drain>And then will the current levy be adequate?

720
01:17:23.756 --> 01:17:29.113
<v David Drain>It's an important question, and I think one that the Milliman's approach offers a useful lens on.

721
01:17:29.371 --> 01:17:32.145
<v David Drain>I think we'd echo what, you know, was said in a prior presentation.

722
01:17:33.315 --> 01:17:36.570
<v David Drain>You know, they did, you know, a number of economic scenarios.

723
01:17:36.844 --> 01:17:40.868
<v David Drain>They asked the question of, in what share of these scenarios do we have the bad outcome?

724
01:17:40.932 --> 01:17:45.728
<v David Drain>Do we exceed our $2.8 mils on real market value?

725
01:17:46.289 --> 01:17:50.283
<v David Drain>And found that it exceeded that cap in less than 2% of scenarios.

726
01:17:50.796 --> 01:17:59.212
<v David Drain>And even in those scenarios, it's not, you know, if those So obviously that's good news.

727
01:18:01.170 --> 01:18:09.792
<v David Drain>And then the question is, is there something that Portland could consider that would be better than this approach for, you know, long-term fiscal needs?

728
01:18:11.587 --> 01:18:19.364
<v David Drain>And just, I'll finish out with an example of a state that went through a similar process, Indiana, for their teacher retirement system, their TRS plan.

729
01:18:20.720 --> 01:18:30.753
<v David Drain>So as mentioned, you know, past presentation, you know, the— by the '80s, the bulk of public plans had transitioned to prefunding.

730
01:18:32.082 --> 01:18:38.975
<v David Drain>But Indiana for TRS was one of the late adopters and was still pay-as-you-go in 1995.

731
01:18:39.104 --> 01:18:45.932
<v David Drain>And when they were looking at the challenge ahead of them, they did not feel that they could immediately switch to making the full actuarial contribution.

732
01:18:46.974 --> 01:18:55.444
<v David Drain>That, that was going to be a cost burden higher than they could manage, but they still felt the need and the benefit of moving towards actuarial prefunding.

733
01:18:56.262 --> 01:18:58.717
<v David Drain>And so they split the TRS into 2 accounts.

734
01:18:59.583 --> 01:19:02.631
<v David Drain>The 1996 account was for new hires after that point.

735
01:19:02.712 --> 01:19:06.916
<v David Drain>It was going to be prefunded and would follow a traditional actuarial funding path.

736
01:19:07.590 --> 01:19:15.386
<v David Drain>And the pre-'96 account would be largely pay-go initially, but with a goal of getting towards actuarial funding and prefunding for that as well.

737
01:19:15.451 --> 01:19:15.515
<v David Drain>Okay.

738
01:19:16.318 --> 01:19:31.154
<v David Drain>And in particular, they set aside a $425 million stabilization fund at that initial point to both smooth out, you know, the cash flow challenges of making benefit payments, to kind of cap the amount that was required from the general fund, and then to provide a base for eventual prefunding.

739
01:19:31.426 --> 01:19:45.412
<v David Drain>And as you can see, their plan trajectory was to switch to, you know, full prefunding and relying on the assets in their In their trust in 2030, 2038.

740
01:19:46.503 --> 01:20:04.051
<v David Drain>And then in terms of how they've done, looking at actual data, we see that they're able to get their 1996 plan to a high-funded ratio, you know, about 2006, and kept it fluctuating based on investment market returns and other actual factors since.

741
01:20:04.725 --> 01:20:22.484
<v David Drain>And it took a while before they were able to see similar progress with the pre-1996 plan, but were likewise, you know, in recent years able to set aside extra volatile revenues when they had it, put aside a portion of lottery funds, and then use the available base that they had created to get it to close to 80% funded.

742
01:20:24.520 --> 01:20:28.362
<v David Drain>So just to quickly wrap up, and then excited to have the opportunity to answer any questions.

743
01:20:29.025 --> 01:20:32.818
<v David Drain>Actuarial funding is an agreed-upon best practice for paying for promised pension benefits.

744
01:20:34.743 --> 01:20:36.006
<v David Drain>Portland is doing that for new hires.

745
01:20:36.347 --> 01:20:40.546
<v David Drain>And so then the question is, is there a better approach to manage the existing legacy liabilities?

746
01:20:41.654 --> 01:20:42.520
<v David Drain>Than the current PAYGO.

747
01:20:44.064 --> 01:20:49.559
<v David Drain>There's trade-offs, there's costs of doing one way or the other, and ultimately good decisions require good data.

748
01:20:49.606 --> 01:20:58.494
<v David Drain>And so I think the next step, if the council and the committee are interested in exploring this, would be to get actual analysis that compares the short-term.

749
01:20:58.560 --> 01:21:10.259
<v David Drain>And, you know, I think kind of reiterating from the previous conversation, I think a number of people in the pension field, including myself, when we say short-term, we're talking over, you know, many years.

750
01:21:11.597 --> 01:21:19.939
<v David Drain>And long-term funding costs for both the existing approach, potentially a full prefunding approach and switching to an actual contribution rate.

751
01:21:20.662 --> 01:21:30.817
<v David Drain>We know that there's kind of preliminary estimates from the Milliman valuation, and then maybe some blended approaches that try to mimic what Indiana did in terms of having something in between.

752
01:21:32.052 --> 01:21:36.769
<v David Drain>And then ultimately, state and local governments have a range of models to consider when they're making decisions about pensions.

753
01:21:37.550 --> 01:21:51.826
<v David Drain>And the goals, you know, there's not a one-size-fits-all policy, certainly not from our research, but finding something that matches Portland's policy needs, policy objectives, and fiscal situation is what we would recommend that City Council look to.

754
01:21:53.050 --> 01:21:56.957
<v David Drain>So once again, appreciate the opportunity to share our research and happy to answer any questions.

755
01:21:58.889 --> 01:21:59.926
<v Sameer Kanal>Thank you so much, David.

756
01:22:00.913 --> 01:22:04.867
<v Sameer Kanal>I'll open the queue back up, see if anyone has questions.

757
01:22:05.050 --> 01:22:12.921
<v Sameer Kanal>I'll also note that, um, while we're going to start with questions for David, we can also start to ask questions of other, uh, folks, uh, in a minute.

758
01:22:13.840 --> 01:22:17.024
<v Sameer Kanal>Um, but I'll, I'll just start with David and then we'll do public testimony in between.

759
01:22:17.123 --> 01:22:18.537
<v Sameer Kanal>There's a couple folks signed up.

760
01:22:21.088 --> 01:22:23.167
<v Sameer Kanal>Seeing no one in the queue just yet.

761
01:22:24.054 --> 01:22:27.856
<v Sameer Kanal>And David, we might have questions for you after testimony, so, uh, I'll hang out there.

762
01:22:27.921 --> 01:22:29.211
<v Sameer Kanal>But let's go to Councilor Green first.

763
01:22:30.409 --> 01:22:31.016
<v Mitch Green>Thank you, David.

764
01:22:31.065 --> 01:22:31.984
<v Mitch Green>I appreciate it.

765
01:22:32.115 --> 01:22:45.699
<v Mitch Green>Um, obviously it's a huge challenge and and obviously every jurisdiction has its own peculiarities that then would influence the myriad cost and benefit tests that would need to be applied.

766
01:22:46.439 --> 01:23:10.085
<v Mitch Green>I'm kind of curious, and I don't know how familiar you are with Portland or the Multnomah County tax structure, but one of the things I think through is when you're thinking about this intergenerational trade-off problem, and you're thinking about how to pay for a prefunding, one question— well, it's like, okay, if you have a gift of manna from heaven or something like that, great, that's awesome.

767
01:23:10.359 --> 01:23:11.444
<v Mitch Green>Like, if there's a windfall, great.

768
01:23:12.140 --> 01:23:13.014
<v Mitch Green>But what if you don't?

769
01:23:13.630 --> 01:23:17.375
<v Mitch Green>Would you seek to think about another financing strategy or tax strategy?

770
01:23:18.140 --> 01:23:23.052
<v Mitch Green>And then you would ask the question, how does that interact with the current tax strategies?

771
01:23:23.100 --> 01:23:31.742
<v Mitch Green>Because where I'm going with this is the entire obligation for this falls on the property tax structure.

772
01:23:31.951 --> 01:23:40.895
<v Mitch Green>And we can have a debate about whether or not homeowners should pay for that entirely or not, but that's, that's only 53% of households in the city of Portland.

773
01:23:41.264 --> 01:23:54.753
<v Mitch Green>And also, our property tax obligation is largely arbitrary and wildly inequitable, and it's just based upon where your house was and when it was built, at what point in time and which zip code in the city of Portland.

774
01:23:56.324 --> 01:24:01.202
<v Mitch Green>So with all that in mind and thinking about— I guess where I'm— let me get to my point.

775
01:24:01.717 --> 01:24:30.109
<v Mitch Green>Have you ever encountered anything like that where a jurisdiction has this really weird qualitative problem with its tax structure and it's had to think about not only whether you should prefund or not through time, through generational equity, but also thinking about opportunities to change the I mean, when we've been part of conversations, you know, we've worked with a couple local—.

776
01:24:30.109 --> 01:24:35.420
<v David Drain>A lot of our work focuses on states, but we work with a number of local jurisdictions thinking about their pension issues.

777
01:24:35.590 --> 01:24:50.956
<v David Drain>And who pays and what's the most fair way of allocating costs, you know, is not something that, you know, we can answer with pure numbers, but it's certainly something that people within you know, these stakeholder and community groups have 100% thought hard about.

778
01:24:51.662 --> 01:25:13.020
<v David Drain>I'd also add that I think we've, in some of the places that we've watched, you know, undergo, you know, trying to reform the funding and managing their pension liabilities, you know, we've certainly seen examples of them going to the State House to, you know, ask for changes in how they can raise revenues and the funds they can bring to bear to the challenge.

779
01:25:13.728 --> 01:25:20.717
<v David Drain>On the financing side of things, you know, pension obligation bonds, you know, were mentioned in the previous presentation.

780
01:25:21.394 --> 01:25:23.100
<v David Drain>But then kind of there's a dual challenge.

781
01:25:23.326 --> 01:25:25.579
<v David Drain>One is simply, you know, they add risk.

782
01:25:25.822 --> 01:25:29.556
<v David Drain>They add your— the goal is to borrow low and invest high.

783
01:25:29.992 --> 01:25:37.030
<v David Drain>If the borrowing costs are higher than you want and investment returns are lower than you want, you can end up falling short of where you want to be.

784
01:25:37.742 --> 01:25:55.466
<v David Drain>And you know, at a minimum, kind of having, having an actual stress test of what is the likelihood of ending up positive, and if you end up negative, is that going to lead to an unacceptable outcome for your community, is, is a necessary first step.

785
01:25:56.188 --> 01:26:21.488
<v David Drain>It's also, you know, if you have an existing pension trust that you are investing and kind of a robust setup for that, it is easier to then take the money from a pension obligation bond proceed and have It's, I think, adds a technical challenge beyond the risk challenge if you're trying to, you know, build that out while issuing a bond.

786
01:26:27.198 --> 01:26:27.457
<v Dan Krollowitz>Thank you.

787
01:26:27.537 --> 01:26:30.345
<v Mitch Green>That's helpful for us to think through.

788
01:26:30.604 --> 01:26:31.490
<v Mitch Green>Appreciate that.

789
01:26:33.024 --> 01:26:33.798
<v Sameer Kanal>Thanks, Councilor Green.

790
01:26:34.362 --> 01:26:37.097
<v Sameer Kanal>Um, Rebecca, can we please call up our testifiers?

791
01:26:38.801 --> 01:26:46.368
<v Rebecca Dobert>Uh, we have Kevin Matches who's coming to the table and Justin Holt who's online.

792
01:26:54.039 --> 01:26:56.072
<v Rebecca Dobert>And Kevin, you can go ahead when you're ready.

793
01:26:59.856 --> 01:27:00.162
<v Kevin Matches>Thank you.

794
01:27:00.420 --> 01:27:01.609
<v Kevin Matches>My name is Kevin Matches.

795
01:27:01.865 --> 01:27:03.087
<v Kevin Matches>I'm a CFA charterholder.

796
01:27:03.230 --> 01:27:07.231
<v Kevin Matches>I've submitted some written testimony that I just don't have time to get into everything.

797
01:27:07.488 --> 01:27:12.284
<v Kevin Matches>I'm just trying to address the presentation from staff that was just given here.

798
01:27:12.654 --> 01:27:15.038
<v Kevin Matches>You know, they laid out these 4, you know, what they called options.

799
01:27:16.775 --> 01:27:20.199
<v Kevin Matches>You know, just taking them at face value, I don't really know where they come from.

800
01:27:20.552 --> 01:27:27.221
<v Kevin Matches>I don't think they're consistent with what the actuary's analysis has been or analysis that I've I've done and submitted as written testimony.

801
01:27:27.960 --> 01:27:31.149
<v Kevin Matches>Uh, I, as written, I wouldn't support any of those 4 options.

802
01:27:32.046 --> 01:27:45.730
<v Kevin Matches>Um, but to get into the, um, you know, some questions that came up here, you know, your, your staff describes each dollar of levy revenue that you get as a benefit to you as stewards of the city.

803
01:27:46.805 --> 01:27:52.021
<v Kevin Matches>You know, the problem here is that each dollar of levy revenue is a dollar of cost It's a lot of costs for taxpayers.

804
01:27:53.555 --> 01:27:54.585
<v Kevin Matches>It doesn't come from nowhere.

805
01:27:56.699 --> 01:27:59.265
<v Kevin Matches>You asked why was the plan changed in 2006.

806
01:27:59.944 --> 01:28:00.734
<v Kevin Matches>There are 2 main areas.

807
01:28:01.090 --> 01:28:03.237
<v Kevin Matches>First was governance around disability.

808
01:28:04.127 --> 01:28:06.528
<v Kevin Matches>Second was a projected financial crisis.

809
01:28:08.041 --> 01:28:12.936
<v Kevin Matches>I worked with the city archivist to find that analysis from the actuary.

810
01:28:13.439 --> 01:28:17.149
<v Kevin Matches>Yeah, we were projected to breach that cap.

811
01:28:18.226 --> 01:28:25.552
<v Kevin Matches>The only alternative revenue source anyone has identified thus far is the general fund.

812
01:28:26.355 --> 01:28:28.636
<v Kevin Matches>That's where you'd have to go if you were to breach that cap.

813
01:28:31.050 --> 01:28:33.956
<v Kevin Matches>Why did it— first of all, did it cut benefits?

814
01:28:34.005 --> 01:28:35.279
<v Kevin Matches>Yes, it did cut benefits.

815
01:28:36.797 --> 01:28:36.926
<v Kevin Matches>Why?

816
01:28:37.541 --> 01:28:39.479
<v Kevin Matches>Because only new hires were impacted.

817
01:28:40.369 --> 01:28:42.759
<v Kevin Matches>Unions only represent current members.

818
01:28:42.873 --> 01:28:43.747
<v Kevin Matches>That's who they're elected by.

819
01:28:43.840 --> 01:28:44.002
<v Kevin Matches>Thank you.

820
01:28:44.360 --> 01:28:45.877
<v Kevin Matches>Not hypothetical future members.

821
01:28:46.561 --> 01:28:48.045
<v Kevin Matches>They were the ones that took the benefit cut.

822
01:28:50.140 --> 01:28:52.992
<v Kevin Matches>Current members took no cuts as a result of that '06 reform.

823
01:28:53.957 --> 01:28:59.313
<v Kevin Matches>The actuary in '06 recommended that members contribute to their own retirement, but that never happened.

824
01:29:02.060 --> 01:29:05.585
<v Kevin Matches>What's the difference between what Portland does and what other plans in the United States do?

825
01:29:06.636 --> 01:29:07.881
<v Kevin Matches>Negative amortization.

826
01:29:08.965 --> 01:29:16.145
<v Kevin Matches>Negative amortization occurs because you have pension normal costs, the cost of an active member completing a year of service, a firefighter putting out fires.

827
01:29:18.704 --> 01:29:24.086
<v Kevin Matches>It's like taking a vacation in Italy one year and putting it on your credit card, then the next year to Spain, and on and on.

828
01:29:26.112 --> 01:29:29.788
<v Kevin Matches>Then you have pension interest costs, just like interest on your credit card.

829
01:29:31.279 --> 01:29:32.921
<v Kevin Matches>Contributions are how you pay for all of that.

830
01:29:33.550 --> 01:29:36.528
<v Kevin Matches>The contributions today are not sufficient to cover those costs.

831
01:29:36.689 --> 01:29:44.011
<v Kevin Matches>You engage in negative amortization each year that goes by, uh, as the actuary's assumptions play out the unfunded liability grows.

832
01:29:45.332 --> 01:29:47.667
<v Kevin Matches>It doesn't stabilize, it doesn't shrink, it grows each year.

833
01:29:48.859 --> 01:29:52.819
<v Kevin Matches>You just saw in the Pew presentation a metric called the funded ratio.

834
01:29:53.140 --> 01:29:58.113
<v Kevin Matches>In case anyone is still unaware, the pension plan run by the City of Portland is at 0% right now.

835
01:30:00.917 --> 01:30:01.381
<v Kevin Matches>I'm out of time.

836
01:30:01.449 --> 01:30:02.101
<v Kevin Matches>Thank you very much.

837
01:30:04.505 --> 01:30:05.109
<v Sameer Kanal>Thank you, Kevin.

838
01:30:05.256 --> 01:30:11.404
<v Sameer Kanal>I note the written testimony is available We have our other person online from not just you, but a couple other folks as well.

839
01:30:16.460 --> 01:30:17.752
<v Sameer Kanal>We have our other person online.

840
01:30:18.658 --> 01:30:19.403
<v Rebecca Dobert>Justin Holt.

841
01:30:21.328 --> 01:30:23.123
<v Justin Holt>Yes, can you hear me?

842
01:30:23.365 --> 01:30:23.948
<v Rebecca Dobert>We can.

843
01:30:24.012 --> 01:30:24.563
<v Rebecca Dobert>You can go ahead.

844
01:30:26.359 --> 01:30:27.212
<v Sameer Kanal>Okay, thank you.

845
01:30:27.936 --> 01:30:33.265
<v Justin Holt>So just to start with, I am a private citizen of Portland.

846
01:30:33.377 --> 01:30:34.359
<v Justin Holt>I live in District 3.

847
01:30:34.600 --> 01:30:57.372
<v Justin Holt>I was raised here in Portland, and I'm contributing to this because 15 15 years ago, I joined the New York City Mayor's Office on a special task group to, as a policy contributor, to help shore up their then underfunded pension systems and try to better safeguard them for the future.

848
01:30:57.438 --> 01:31:07.007
<v Justin Holt>In that capacity, I sat as an ex officio investment trustee, voting trustee on those systems.

849
01:31:08.115 --> 01:31:40.454
<v Justin Holt>One thing I learned in the course of that is that that cities and pension systems, you know, the vital services that cities provide to the taxpayers and pension beneficiaries, it can become an uncomfortable, I guess, trade-off between the two across the economic cycle when things become a little bit more challenging in the economy.

850
01:31:40.791 --> 01:31:52.509
<v Justin Holt>And, you know, a big burden that those pension systems were having to go through was reducing the benefits of new beneficiaries into the system.

851
01:31:53.087 --> 01:31:57.927
<v Justin Holt>So this topic of generational equity has come up multiple times.

852
01:31:58.039 --> 01:32:09.469
<v Justin Holt>And, you know, this outcome of lower pension beneficiary classes was, you know, could have been avoided with a bit more upfront planning and foresight.

853
01:32:10.770 --> 01:32:16.344
<v Justin Holt>And I think that this proposal that Kevin is providing is a good step in that direction.

854
01:32:16.408 --> 01:32:34.912
<v Justin Holt>It will help, you know, the best way to safeguard a pension for all generations is to have it funded, ideally well-funded, but, you know, just to get the ball rolling and funding it in the first place will really safeguard these pension benefits for future generations.

855
01:32:34.960 --> 01:32:35.328
<v Justin Holt>All right.

856
01:32:36.039 --> 01:32:37.996
<v Justin Holt>Younger generations in this.

857
01:32:38.319 --> 01:32:56.606
<v Justin Holt>And this is, you know, as well as help safeguard the vital services that, you know, taxpayers in the city rely on, such as parks and, you know, public sanitation and first responders.

858
01:32:57.539 --> 01:33:08.356
<v Justin Holt>So yeah, I just contributed to this because are giving testimony because I think that the proposed, uh, the proposal by Kevin is a good step in the right direction.

859
01:33:08.614 --> 01:33:10.756
<v Justin Holt>Thank you.

860
01:33:13.381 --> 01:33:13.751
<v Sameer Kanal>Thank you.

861
01:33:17.551 --> 01:33:19.474
<v Rebecca Dobert>Uh, that was to conclude testimony.

862
01:33:20.786 --> 01:33:22.891
<v Rebecca Dobert>Yes, we had one other person to register.

863
01:33:25.572 --> 01:33:27.829
<v Sameer Kanal>He's coming up and, uh, say your name for the for the record.

864
01:33:32.261 --> 01:33:32.497
<v Angelita Morillo>Hey, y'all.

865
01:33:32.614 --> 01:33:33.442
<v Dan Krollowitz>My name is Dan Krollowitz.

866
01:33:34.600 --> 01:33:38.953
<v Dan Krollowitz>I've been doing some work on this and trying to report on kind of both sides of this issue.

867
01:33:39.595 --> 01:33:52.515
<v Dan Krollowitz>The main question I actually have on behalf of the folks who are here who are actually experts on this, it seems to me that the prefunding decision can be made at any time, but there are risks with prefunding.

868
01:33:52.948 --> 01:33:53.810
<v Dan Krollowitz>We want to make sure thank you.

869
01:33:53.858 --> 01:33:54.644
<v Dan Krollowitz>I have a question for the city attorney.

870
01:33:54.707 --> 01:34:01.506
<v Dan Krollowitz>You mentioned earlier that the interest that we get, if we do prefund, we make certain interest rate or certain return rate on what we prefund.

871
01:34:02.005 --> 01:34:05.083
<v Dan Krollowitz>My question is, is there a best time to do that?

872
01:34:05.163 --> 01:34:14.305
<v Dan Krollowitz>If now is not the best time to do that, is there a best time to do that so that we can be sure that when we are making that decision, we can get those returns?

873
01:34:14.753 --> 01:34:27.250
<v Dan Krollowitz>And also, if, you know, if we just take the historical return rate on yes.

874
01:34:27.702 --> 01:34:36.234
<v Dan Krollowitz>If we miss that on any given year, would that then put extra strain on the general fund or, you know, make it so that we can't actually do that?

875
01:34:36.282 --> 01:34:46.806
<v Dan Krollowitz>So basically, I want to ask the question to the experts here of if now is not the right time to prefund, when would be the right time and how do we kind of make that decision?

876
01:34:47.298 --> 01:34:51.546
<v Dan Krollowitz>I would love to understand a little bit more from the people who have studied this more than I have.

877
01:34:57.216 --> 01:34:58.318
<v Rebecca Dobert>That concludes testimony.

878
01:34:59.145 --> 01:34:59.695
<v Sameer Kanal>Thank you, everyone.

879
01:35:00.198 --> 01:35:02.547
<v Sameer Kanal>I'm now just going to open up the queue in general.

880
01:35:02.645 --> 01:35:05.546
<v Sameer Kanal>I did want to flag— so the written testimony has been referenced.

881
01:35:05.627 --> 01:35:06.787
<v Sameer Kanal>You can all find that online.

882
01:35:07.318 --> 01:35:14.782
<v Sameer Kanal>One other note that I wanted to put into this is that last year in August, there was a report yes.

883
01:35:14.863 --> 01:35:23.583
<v Sameer Kanal>There was a report which came out from the Portland Central City Task Force called Strengthening Portland's Future: Options to Address Economic, Fiscal, and Service-Related Challenges in Portland, Oregon.

884
01:35:23.680 --> 01:35:32.644
<v Sameer Kanal>It had 20 recommendations in it, and number 14 of those recommendations was prefund the city's legacy police and fire pension program.

885
01:35:32.771 --> 01:35:34.314
<v Sameer Kanal>And I think that's worth looking at.

886
01:35:34.523 --> 01:35:35.567
<v Sameer Kanal>It's available online as well.

887
01:35:35.662 --> 01:35:38.876
<v Sameer Kanal>I'll try to make sure it gets connected to this agenda item so you can read it.

888
01:35:39.341 --> 01:35:42.795
<v Sameer Kanal>Obviously Metro Chamber involved in that pretty significantly.

889
01:35:43.550 --> 01:35:56.860
<v Sameer Kanal>So there's a lot of folks from a lot of different backgrounds who are interested in this, and I hope the next time— there was an availability concern this time, but I hope next time we're able to talk about this, we have someone who's affiliated with that who can come and present as well.

890
01:35:57.904 --> 01:35:59.317
<v Sameer Kanal>With that, I'm going to open up the queue.

891
01:35:59.413 --> 01:36:03.685
<v Sameer Kanal>Please feel free to ask questions as well as just give opinions, and I'll start with Councilor Green.

892
01:36:04.470 --> 01:36:05.965
<v David Drain>Thanks.

893
01:36:06.077 --> 01:36:10.634
<v Mitch Green>I don't mean to monopolize conversation, but if folks want me to yield, I can.

894
01:36:10.746 --> 01:36:14.898
<v Mitch Green>Um, I was going to make that kind of point.

895
01:36:14.978 --> 01:36:24.902
<v Mitch Green>I want to piggyback on what you were just saying, Chair, about the, the broad conversation about affordability and about, um, whether or not people stay in Multnomah County.

896
01:36:25.559 --> 01:36:36.652
<v Mitch Green>That's been the topic, that central topic conversation of the Central City Task Force, the Prosperity Council, um, basically any I think we need to do a better analysis on economic competitiveness in the city of Portland.

897
01:36:36.716 --> 01:37:04.255
<v Mitch Green>And so if we're going to think about people leaving because they might pay a marginal tax on, you know, incomes above $125,000 or more, a couple hundred dollars a year, then we should also be very concerned about a situation where property taxpayers are going to see their property tax burden for FPDR grow from like a third to to 40% of their property tax bill over a decade.

898
01:37:06.505 --> 01:37:12.712
<v Mitch Green>And if it is true that those folks are leaving and we might have fewer payers, the obligation doesn't go away.

899
01:37:12.793 --> 01:37:20.037
<v Mitch Green>And so that means the need to spread the levy across— I think what I'm saying is you get higher to that $280 million limit.

900
01:37:20.617 --> 01:37:24.546
<v Mitch Green>And so you start to spread the fixed cost of this pension obligation over fewer payers.

901
01:37:25.458 --> 01:37:36.952
<v Mitch Green>And that will then enhance a doom loop cycle that I think is very worth our— well, we need to be very serious about thinking that as a risk is all I'm trying to say.

902
01:37:37.033 --> 01:37:41.884
<v Mitch Green>So I'm glad that I heard that in the recommendations from that body, right?

903
01:37:42.014 --> 01:37:59.457
<v Mitch Green>Because if we're thinking about regional resources or even statewide resources to increase Portland's competitiveness, helping us out with this could be one of the The lowest-hanging fruit opportunities I think the state of Oregon could have, or multi-jurisdictional parties could have.

904
01:37:59.523 --> 01:38:01.970
<v Mitch Green>So I don't think we've talked about that in this way yet.

905
01:38:03.449 --> 01:38:09.789
<v Mitch Green>But at the end of the day, it's all about what is the net cost to taxpayers and workers in the city of Portland.

906
01:38:10.032 --> 01:38:16.621
<v Mitch Green>And if we can— there's a lot of things that we have some— we have limited tools on how we can turn those dials.

907
01:38:17.121 --> 01:38:23.693
<v Mitch Green>But do the math on the— I mean, I'm looking at 2030, 2037 maybe is where it peaks.

908
01:38:24.243 --> 01:38:32.083
<v Mitch Green>That's almost $240 million a year in today's dollars that we need to bring in at the peak of this cost.

909
01:38:33.264 --> 01:38:36.555
<v Mitch Green>So it's going to be a very expensive property tax bill is what I'm saying in a decade.

910
01:38:36.685 --> 01:38:38.573
<v Mitch Green>It's already a really expensive property tax bill.

911
01:38:39.449 --> 01:38:49.590
<v Mitch Green>So I'm glad we're talking about this, and I wanted to make sure we really firmly connected that migration competitiveness and affordability conversation to this as well.

912
01:38:49.800 --> 01:38:50.154
<v Mitch Green>Thanks.

913
01:38:51.268 --> 01:38:52.042
<v Sameer Kanal>Thank you, Dr. Green.

914
01:38:52.154 --> 01:38:53.737
<v Sameer Kanal>We'll go over to Councilor Pirtle-Guiney.

915
01:38:55.760 --> 01:38:56.554
<v Elana Pirtle-Guiney>Thank you, Chair.

916
01:38:58.618 --> 01:39:11.831
<v Elana Pirtle-Guiney>Councilor Green's comments were interesting to me because I think there's 2 through lines that I am hearing, not just, Councilor, from your comments, but they, they reinforced these 2 through lines to me.

917
01:39:12.529 --> 01:39:19.514
<v Elana Pirtle-Guiney>One one is, should we be prefunding the portion of our system that is currently a pay-as-you-go system?

918
01:39:19.595 --> 01:39:28.939
<v Elana Pirtle-Guiney>And the question there is, is prefunding cheaper or more expensive than what we do now, and when and for how long?

919
01:39:29.052 --> 01:39:43.101
<v Elana Pirtle-Guiney>And that's something that, you know, to the question from the person who spoke last, prefunding is often often a better choice earlier and a worse choice later, right?

920
01:39:43.246 --> 01:39:44.417
<v Elana Pirtle-Guiney>Not always, but often.

921
01:39:45.237 --> 01:39:47.082
<v Elana Pirtle-Guiney>Interest rates are very high right now.

922
01:39:47.484 --> 01:39:58.483
<v Elana Pirtle-Guiney>I wouldn't want to guess, but I suspect that we would hear that this is a very bad time to think about pension bonds, and we don't have a lump sum payment.

923
01:39:58.916 --> 01:40:04.359
<v Elana Pirtle-Guiney>So the conversation about should we prefund or not, I don't know where the breakpoint is.

924
01:40:04.407 --> 01:40:04.984
<v Rebecca Dobert>I think the point is that we have to make a decision.

925
01:40:05.050 --> 01:40:06.109
<v Elana Pirtle-Guiney>When it's too late.

926
01:40:06.510 --> 01:40:16.765
<v Elana Pirtle-Guiney>But the question that I would ask if we're going to continue down the path of this discussion is when is that breakpoint where it doesn't pay off any longer, and have we passed that point or not?

927
01:40:16.894 --> 01:40:26.314
<v Elana Pirtle-Guiney>I think the other conversation, the other through line that I've heard is how do we pay and who pays, which is a little bit different from do we pre-fund or not.

928
01:40:27.069 --> 01:40:45.368
<v Elana Pirtle-Guiney>And I want to name that because nobody has explicitly called that out and if the conversation that folks are trying to set up, and I don't know the why on why this is coming forward at this point in time, if somebody has legislation coming or something like that, or if this is just we needed to tackle this topic at some point.

929
01:40:46.475 --> 01:40:50.152
<v Elana Pirtle-Guiney>But if the conversation we really want to have is who pays, let's name that.

930
01:40:50.907 --> 01:40:58.065
<v Elana Pirtle-Guiney>And let's talk about the payment type and source and if folks are suggesting we change that or not, because that to me is a very different conversation.

931
01:40:58.146 --> 01:40:58.354
<v Elana Pirtle-Guiney>Thank you.

932
01:40:59.453 --> 01:41:05.104
<v Elana Pirtle-Guiney>Line of conversation than have we passed the point at which prefunding is worth it or not.

933
01:41:05.716 --> 01:41:05.974
<v Matthew Forgue>Thank you.

934
01:41:07.824 --> 01:41:08.453
<v Sameer Kanal>Thank you, Councilor.

935
01:41:08.533 --> 01:41:09.404
<v Sameer Kanal>I'm next in the queue.

936
01:41:09.743 --> 01:41:19.319
<v Sameer Kanal>I, I did want to say I, I, uh, I'm not aware of any legislation, so I think it is the latter of your 2 options of we just said we needed to talk about this at some point and it was ready, um, at this point.

937
01:41:19.368 --> 01:41:27.185
<v Sameer Kanal>And I appreciate the staff who've been, uh, supportive of, of getting it to this agenda, um, as well as Councilor Councilor Green, uh, and I who are on the work group for this.

938
01:41:27.460 --> 01:41:34.448
<v Sameer Kanal>Um, the— I, I think you're right that there is a separate conversation around those 2 things and they're related.

939
01:41:34.578 --> 01:41:37.756
<v Sameer Kanal>And so I'm, I'm, I'm very glad that you, you raised that question.

940
01:41:38.434 --> 01:41:48.823
<v Sameer Kanal>Um, I had a question, uh, sort of rhetorical one, and then one for, um, the deputy director and, and CFO, if, if you're, uh— I don't know if Jonas is still here.

941
01:41:49.130 --> 01:41:49.377
<v Sameer Kanal>There you are.

942
01:41:49.860 --> 01:41:51.948
<v Sameer Kanal>Um, it's actually more for Jonas I'm sorry.

943
01:41:52.110 --> 01:41:55.916
<v Sameer Kanal>I'm sorry, I didn't mean to interrupt you, Ms. Willis, but it may be helpful in a follow-up.

944
01:41:56.483 --> 01:42:11.176
<v Sameer Kanal>So the rhetorical question is more for David, which is, you know, as you look at— and for those who've been looking at the written testimony, there is this $425 million example from Indiana, that investment that was made up front.

945
01:42:11.514 --> 01:42:22.194
<v Sameer Kanal>There's also in Kevin Matches' written testimony an analysis that shows $200 million upfront would save $2 billion, and it's basically higher cost for 7 years.

946
01:42:22.289 --> 01:42:25.565
<v Sameer Kanal>That's slide 14 of the attachment to the written testimony.

947
01:42:25.983 --> 01:42:35.761
<v Sameer Kanal>And so I think it's, it's, uh, the rhetorical question is, can we over the next couple months kind of come up with what is the thing that we're asking our staff to evaluate at the city?

948
01:42:36.340 --> 01:42:39.823
<v Sameer Kanal>Um, or what are a couple things that we can specifically go back to?

949
01:42:40.208 --> 01:42:57.409
<v Sameer Kanal>I know that many have said that it's already been suggested, but obviously that was before Councilor Beery, how are the pension obligations into PERS paid for by employees outside of these 2 bureaus?

950
01:42:58.884 --> 01:43:00.536
<v Jonas Beery>Uh, yeah, Councilor, that's a good question.

951
01:43:01.510 --> 01:43:07.702
<v Jonas Beery>Um, so those, um, are factored into this when we talk about sort of fully loaded personnel costs.

952
01:43:07.929 --> 01:43:14.118
<v Jonas Beery>Uh, those, um, obligations for the sort of employee-specific PERS component is folded to that.

953
01:43:14.247 --> 01:43:23.742
<v Jonas Beery>So we make sure that we have the ability to cover that as part of our budget related to the personnel cost center.

954
01:43:24.810 --> 01:43:30.875
<v Sameer Kanal>Okay, so if— let's imagine a bureau that's 100% general fund funded that is not police or fire.

955
01:43:32.493 --> 01:43:38.239
<v Sameer Kanal>Its budget includes the PERS contributions for its current employees, is that correct?

956
01:43:38.789 --> 01:43:39.226
<v Jonas Beery>Correct.

957
01:43:39.274 --> 01:43:43.536
<v Jonas Beery>Yeah, there's some nuances there are some nuances around individual circumstances, but generally that's correct.

958
01:43:43.956 --> 01:43:44.262
<v Sameer Kanal>Okay.

959
01:43:44.764 --> 01:43:52.735
<v Sameer Kanal>But if I look at the dollar amount for the Fire Bureau, let's say, what of that is included?

960
01:43:52.849 --> 01:44:01.560
<v Sameer Kanal>Because I know that the FPDR— and this is the follow-up part— the FPDR budget has internal transfers and also not.

961
01:44:01.962 --> 01:44:06.509
<v Sameer Kanal>And so if you could speak to what actually goes into the budget and what doesn't, that would be very helpful.

962
01:44:06.945 --> 01:44:11.390
<v Stacy Jones>Yes, very good question and super confusing from the outside.

963
01:44:11.953 --> 01:44:20.552
<v Stacy Jones>So those PERS contributions for the employees who were hired 2006 and later, they are in the police and fire budgets.

964
01:44:20.761 --> 01:44:21.644
<v Stacy Jones>You will see them there.

965
01:44:21.708 --> 01:44:26.265
<v Stacy Jones>Those expenses are there because they do pay those expenses directly themselves.

966
01:44:26.859 --> 01:44:31.560
<v Stacy Jones>Then we turn around and reimburse them every month for those contributions.

967
01:44:31.752 --> 01:44:43.157
<v Stacy Jones>So you would also see, if you knew where to look, revenue coming in, interagency revenue coming into police and fire from FPDR to perfectly exactly offset those expenses.

968
01:44:43.622 --> 01:44:48.591
<v Stacy Jones>So it kind of winds up being a pass-through expense for police and fire, but it is in their budget.

969
01:44:48.992 --> 01:44:56.333
<v Stacy Jones>What you don't see, obviously, because it's a pay-as-you-go plan, are the costs of the legacy retirees.

970
01:44:56.863 --> 01:45:04.556
<v Stacy Jones>So that little bit of the active workforce that's still in the FPDR plan, I mean, there's no pension costs for them in the police and fire budget.

971
01:45:04.636 --> 01:45:04.685
<v Stacy Jones>Okay.

972
01:45:05.806 --> 01:45:06.545
<v Stacy Jones>Does that make sense?

973
01:45:06.784 --> 01:45:10.712
<v Sameer Kanal>Yeah, so let me repeat it back and you tell me if I'm right.

974
01:45:11.417 --> 01:45:23.279
<v Sameer Kanal>If you are looking at just the portion of personnel costs for people who started after January 1st, 2007, everything is in the police budget, everything is in the fire budget.

975
01:45:23.375 --> 01:45:24.256
<v Sameer Kanal>Is that part correct?

976
01:45:24.801 --> 01:45:25.073
<v Stacy Jones>Yes.

977
01:45:25.618 --> 01:45:41.264
<v Sameer Kanal>If you're looking at the part that relates to people who started before January 1st, 2007, And the legacy for people who've already retired that we're doing pay-as-you-go for, that would not show up in police and fire, but it would show up in the FPDR budget?

978
01:45:41.729 --> 01:45:42.114
<v Stacy Jones>Yes.

979
01:45:42.532 --> 01:45:54.511
<v Stacy Jones>Although I do want to point out the nuance that like in a normal plan, like let's just imagine that, you know, we just were normal and in PERS, you wouldn't see any costs for already retired people in either plan.

980
01:45:55.618 --> 01:45:55.716
<v Stacy Jones>Yeah.

981
01:45:55.811 --> 01:45:55.972
<v Stacy Jones>Okay.

982
01:45:56.180 --> 01:45:56.470
<v Angelita Morillo>Then yes.

983
01:45:56.519 --> 01:45:58.204
<v Sameer Kanal>But those are in the FPDR budget.

984
01:45:58.332 --> 01:45:59.713
<v Stacy Jones>But they are in the FPDR budget.

985
01:46:00.212 --> 01:46:02.337
<v Sameer Kanal>And all of it is paid for by the FPDR levy.

986
01:46:02.386 --> 01:46:04.542
<v Stacy Jones>And all of it is paid for by the FPDR levy.

987
01:46:04.720 --> 01:46:27.296
<v Sameer Kanal>Okay, thank you for clarifying that, because that's something that comes up to me a lot when I talk to folks out who are interested in this, which is a small but dedicated group of community members, that there is a— there's not been as much understanding as there could be about what is covered in the fire budget for firefighters or police budget for police officers.

988
01:46:27.344 --> 01:46:27.729
<v Sameer Kanal>So thanks.

989
01:46:28.372 --> 01:46:40.545
<v Sameer Kanal>The other piece I think is worth pulling on here, but I'm gonna follow up in writing on it with a couple questions on how we measure certain things for this.

990
01:46:40.851 --> 01:47:04.782
<v Sameer Kanal>But can you estimate, not the part for people who've already retired, how much is not going into the police and fire budgets, but is held on for, um, in the FPDR budget for the people that started— that are active but started before January 1st, 2007, how many, how many dollars are we talking about?

991
01:47:05.070 --> 01:47:13.106
<v Stacy Jones>We would have to come— we would have to go back and look at that because that is actually a completely hypothetical thing because the FPDR plan is, is pay as you go.

992
01:47:14.152 --> 01:47:26.023
<v Stacy Jones>So, so we're, we're living in this sort of pretend world where we say, oh, for that little you know, whatever it is, 10%, 15% of the sworn workforce, we're pretending they don't cost us anything right now.

993
01:47:26.472 --> 01:47:28.014
<v Stacy Jones>We're just like, nope, they don't cost us anything right now.

994
01:47:28.336 --> 01:47:31.916
<v Stacy Jones>They don't cost the Fire Bureau and the Police Bureau anything, and they don't cost FPDR anything.

995
01:47:32.510 --> 01:47:36.011
<v Stacy Jones>Then the minute they retire, now they start costing us money.

996
01:47:36.363 --> 01:47:40.377
<v Stacy Jones>Of course, could we estimate that using some, you know, actuarial technique?

997
01:47:40.457 --> 01:47:43.396
<v Stacy Jones>Yes, we could do an estimate of it, but I don't have it off the top of my head.

998
01:47:43.829 --> 01:47:43.990
<v Matthew Forgue>Okay.

999
01:47:44.873 --> 01:47:45.837
<v Sameer Kanal>All right, thank you so much.

1000
01:47:45.934 --> 01:47:48.087
<v Sameer Kanal>I'll go to Councilor Morillo.

1001
01:47:48.809 --> 01:47:51.090
<v Angelita Morillo>Thank you, Councilor Kanal, and thank you all so much for being here.

1002
01:47:51.283 --> 01:47:56.648
<v Angelita Morillo>And to the community folks that always show up for this issue, it means a lot to have your perspective here as well.

1003
01:47:57.306 --> 01:48:08.037
<v Angelita Morillo>I'm guessing this is a question that you— we won't have the information for, so I'm just sort of posing it as a general thing that I've been thinking about since reviewing the materials and looking at this.

1004
01:48:09.514 --> 01:48:09.916
<v Angelita Morillo>But we have yes.

1005
01:48:09.996 --> 01:48:23.769
<v Angelita Morillo>So we have, you know, some folks up here have stated that they want to hire hundreds of more officers, and the current actuarial analysis says that we can stay within the levy amount if we do not hire any new police or firefighters.

1006
01:48:24.828 --> 01:48:30.407
<v Angelita Morillo>And so the question I have is, what is the squish room within that?

1007
01:48:31.161 --> 01:48:41.756
<v Angelita Morillo>And maybe it's a lot, maybe it's nothing, because if we were to actually hire 350 I think the question I have is, does that put the levy and the city at risk?

1008
01:48:43.199 --> 01:48:48.751
<v Angelita Morillo>And like I said, I don't expect you to have those numbers, but it's something that people have posed up here as a goal.

1009
01:48:49.041 --> 01:48:53.332
<v Angelita Morillo>And so I'd like to know what the impacts of that would be if it were actually to materialize.

1010
01:48:55.539 --> 01:48:57.134
<v Jonas Beery>Yeah, yeah, I'll just say it's a good question.

1011
01:48:57.746 --> 01:49:06.055
<v Jonas Beery>And I think as Stacy said earlier, you know, that's part of the— that would be implemented in the next actuarial evaluation, but it's a good flag and question.

1012
01:49:06.817 --> 01:49:25.247
<v Jonas Beery>I mean, there is, based upon the current circumstance and the slide that was shown earlier with the levy rate approaching the $2.80 level, and given that new employees would be under the PERS system, there frankly is probably a lot of headroom under the $2.80 charter limitation.

1013
01:49:25.743 --> 01:49:27.203
<v Jonas Beery>That's not to say there isn't an increase.

1014
01:49:27.444 --> 01:49:29.609
<v Jonas Beery>There would certainly be an increase in a change in the dynamic.

1015
01:49:30.251 --> 01:49:33.716
<v Jonas Beery>But I don't know that we've done the math, but we could probably come up with some rough estimate.

1016
01:49:33.764 --> 01:49:34.694
<v Jonas Beery>But my guess is— I think it's a good question.

1017
01:49:35.164 --> 01:49:40.921
<v Jonas Beery>Given the transition in motion, it's probably, there's a lot of squished room.

1018
01:49:41.131 --> 01:49:45.270
<v Jonas Beery>I forget the term you used, but a lot of capacity if that choice was made.

1019
01:49:46.337 --> 01:49:46.618
<v Elana Pirtle-Guiney>Gotcha.

1020
01:49:46.912 --> 01:49:47.801
<v Angelita Morillo>Okay, thank you so much.

1021
01:49:51.481 --> 01:49:51.935
<v Sameer Kanal>Thank you.

1022
01:49:53.440 --> 01:49:57.393
<v Sameer Kanal>Seeing no one else in the queue, pausing for dramatic effect.

1023
01:49:58.122 --> 01:50:02.603
<v Jonas Beery>Chair, sorry, I'm sorry to interrupt, but I just was thinking about the path forward.

1024
01:50:02.765 --> 01:50:03.436
<v Jonas Beery>I actually have a question.

1025
01:50:03.485 --> 01:50:03.551
<v Jonas Beery>Great.

1026
01:50:03.600 --> 01:50:06.510
<v Jonas Beery>It would be really helpful to get some direction I think that's a good question.

1027
01:50:06.510 --> 01:50:06.510
<v Jonas Beery>I think that's a good question.

1028
01:50:06.510 --> 01:50:08.329
<v Jonas Beery>I think that's a good question to get direction on as we think about the path forward.

1029
01:50:09.210 --> 01:50:14.909
<v Jonas Beery>Because I understand and have been doing this work for a long time, so I understand the math around prefunding.

1030
01:50:15.289 --> 01:50:24.670
<v Jonas Beery>What I'm not understanding and would love, not today, but just as this discussion comes back, is a better understanding of where that prefunding resource comes from.

1031
01:50:24.670 --> 01:50:33.430
<v Jonas Beery>Because I heard an example in Indiana, I think it was Indiana, there was a $425 million seed that provided that prefunding.

1032
01:50:34.207 --> 01:50:42.119
<v Jonas Beery>I heard an example in the public testimony of a $200 million seed, and I don't see where that resource comes from.

1033
01:50:42.265 --> 01:50:47.465
<v Jonas Beery>And so that's just a critical component as we think about the prefunding pathway.

1034
01:50:48.828 --> 01:50:50.096
<v Jonas Beery>We've heard a lot about investment.

1035
01:50:50.337 --> 01:50:50.755
<v Jonas Beery>Great.

1036
01:50:51.060 --> 01:50:52.006
<v Jonas Beery>What are we investing?

1037
01:50:52.119 --> 01:51:03.869
<v Jonas Beery>And so I just wanted to flag that for consideration by this council as the conversation goes forward, because I'm not clear on As we do that analysis, what our expectations should be about what that resource is.

1038
01:51:04.713 --> 01:51:10.184
<v Jonas Beery>So I wanted to just make sure that was daylighted and dialogued as this moves forward.

1039
01:51:10.813 --> 01:51:16.082
<v Sameer Kanal>Yeah, I think maybe there may be a challenge in terms of what comes first.

1040
01:51:16.389 --> 01:51:22.573
<v Sameer Kanal>Like setting up the structure that could allow for potential future investment seems in my head like a first step.

1041
01:51:24.199 --> 01:51:30.014
<v Sameer Kanal>And then looking around and figuring out, I can also see like what's the point of doing that whole structural change if there's no potential to get money.

1042
01:51:30.431 --> 01:51:31.685
<v Sameer Kanal>So I appreciate the question.

1043
01:51:31.733 --> 01:51:33.579
<v Sameer Kanal>Councilor Green, did you want to add anything on that?

1044
01:51:34.126 --> 01:51:36.824
<v Mitch Green>Yeah, I'm glad that you asked because it's important to be really clear.

1045
01:51:37.579 --> 01:51:50.975
<v Mitch Green>Um, we don't have an extra pot of money sitting around, and so if we're going to go down this road, even to explore it, we have to be honest that it, it would need to be a tax or a fee or something.

1046
01:51:51.313 --> 01:51:53.529
<v Mitch Green>We would have to— we'd have to levy something like that.

1047
01:51:54.590 --> 01:52:00.780
<v Mitch Green>And we'd have to communicate that to the public that we would obviously need to refer it to them.

1048
01:52:01.168 --> 01:52:08.994
<v Mitch Green>But the idea would be if we were to contemplate another fee or tax or something, who would we tax?

1049
01:52:09.493 --> 01:52:10.332
<v Mitch Green>What would it be on?

1050
01:52:10.524 --> 01:52:11.298
<v Mitch Green>What would be the structure?

1051
01:52:11.782 --> 01:52:14.023
<v Mitch Green>And then is that better or worse than the alternative?

1052
01:52:14.280 --> 01:52:21.092
<v Mitch Green>I think to Councilor Pirtle-Guiney's points, we absolutely must have a break-even concept in our mind.

1053
01:52:21.141 --> 01:52:27.390
<v Mitch Green>And that's the cost-benefit I just want to make sure everyone reads the written comments from Mr. Matches.

1054
01:52:27.805 --> 01:52:28.399
<v Mitch Green>He's done it.

1055
01:52:28.448 --> 01:52:29.442
<v Mitch Green>He's done some analysis.

1056
01:52:29.890 --> 01:52:45.184
<v Mitch Green>We should check his homework, but he's got a chart on page 14 of his written comments where he shows us that math, and he says that if you can come up with a source to pre-fund this, it's going to cost you, what, 2027?

1057
01:52:45.296 --> 01:52:48.052
<v Mitch Green>Let's say that's the first year that you start doing it, an extra $100 million.

1058
01:52:48.100 --> 01:52:48.164
<v Mitch Green>Yeah.

1059
01:52:48.886 --> 01:52:51.917
<v Mitch Green>On top of what you're currently doing-ish, based upon my squinting.

1060
01:52:52.829 --> 01:53:08.412
<v Mitch Green>But that then crosses up— you reach a threshold where you no longer are— you're paying less than you would have in the status quo, and then you break even, and you— on the net life cycle cost, it's a $2 billion savings.

1061
01:53:08.461 --> 01:53:13.286
<v Mitch Green>And so the idea is, for a few years, if you can levy a tax on a term basis, you can do that.

1062
01:53:13.333 --> 01:53:13.783
<v Mitch Green>I think that's a great idea.

1063
01:53:13.979 --> 01:53:19.020
<v Mitch Green>And so, but we shouldn't pretend like there's not a tax that would need to be levied.

1064
01:53:19.399 --> 01:53:19.899
<v Mitch Green>That's the thing.

1065
01:53:20.859 --> 01:53:27.189
<v Mitch Green>If we don't, if we're not going to be honest about that, then we're just hoping to get a big windfall in our laps, which is not going to happen.

1066
01:53:27.239 --> 01:53:37.699
<v Mitch Green>I don't think we should go out and try to bond against this in this market without something there, because I don't think— I mean, we're also, you know, we're not going to get returns from the market that are going to outweigh the cost of the debt service.

1067
01:53:37.699 --> 01:53:39.539
<v Mitch Green>And so it would need to be a tax.

1068
01:53:39.539 --> 01:53:39.579
<v Mitch Green>Thank you.

1069
01:53:40.313 --> 01:53:41.554
<v Mitch Green>That's, that's how I'm thinking about it.

1070
01:53:41.682 --> 01:53:49.898
<v Mitch Green>I'm just one of 12 councilors, but, um, I really think people should read the written comments in the record today because that's, that's what I'm reading and thinking through.

1071
01:53:50.042 --> 01:53:55.548
<v Mitch Green>Um, and, uh, yeah, that's, that's all I have there.

1072
01:53:55.774 --> 01:53:56.015
<v Mitch Green>Thanks.

1073
01:53:56.402 --> 01:53:59.266
<v Sameer Kanal>All right, thank you to everyone for this conversation.

1074
01:53:59.395 --> 01:54:07.078
<v Sameer Kanal>Thank you to Franco from the City Attorney's Office, to, uh, CFO Beery, Stacy Deputy Director Johnson, APDR, and to David Drexel.

1075
01:54:07.250 --> 01:54:12.372
<v Sameer Kanal>Um, I'll keep everyone posted as this comes forward, and we'll circle back on, on any future steps.

1076
01:54:12.420 --> 01:54:14.667
<v Sameer Kanal>There's nothing planned at the moment, but we'll, we'll get to it.

1077
01:54:15.069 --> 01:54:19.228
<v Sameer Kanal>We're going to take a short break, come back at 3:59, and we'll get going with everything else.

1078
01:54:19.404 --> 01:54:19.934
<v Sameer Kanal>Thanks so much.

1079
01:54:20.368 --> 01:54:20.543
<v Matthew Forgue>Thank you.

1080
02:11:19.699 --> 02:11:23.475
<v Rebecca Dobert>Councilor Clark, if you're online in Zoom, please turn your camera on.

1081
02:11:28.076 --> 02:11:32.778
<v Sameer Kanal>And we're back, as predicted by the council president, 4:06.

1082
02:11:32.939 --> 02:11:34.990
<v Sameer Kanal>Uh, so that's, uh, you win the pool.

1083
02:11:35.899 --> 02:11:41.395
<v Sameer Kanal>Um, not going to, not going to malign the folks who are here on the other Slackers, we'll get back to.

1084
02:11:41.460 --> 02:11:47.804
<v Sameer Kanal>But, uh, with that, I will ask if Rebecca, if you could please call items 4, 5, 6, 7, and 8 together, please.

1085
02:11:53.481 --> 02:12:04.990
<v Rebecca Dobert>Item 4, amend Regulation of Payday Lending Code to update program fees, amend Code Section 7.26.030, document number 2026-325.

1086
02:12:05.654 --> 02:12:13.675
<v Rebecca Dobert>Item 5, amend Pay and Park and Non-Pay Private Parking Facilities Code to strengthen compliance and public notice requirements and update program fees.

1087
02:12:13.787 --> 02:12:15.809
<v Rebecca Dobert>Amend Code Chapter 7.25.

1088
02:12:16.211 --> 02:12:19.019
<v Rebecca Dobert>Document number 2026-326.

1089
02:12:19.628 --> 02:12:24.957
<v Rebecca Dobert>Item 6, amend Secondhand Dealers Code to strengthen compliance requirements and update program fees.

1090
02:12:25.422 --> 02:12:27.750
<v Rebecca Dobert>Amend Code Chapter 14B.90.

1091
02:12:28.408 --> 02:12:31.153
<v Rebecca Dobert>Document number 2026-327.

1092
02:12:31.827 --> 02:12:37.027
<v Rebecca Dobert>Item 7, amend Social Games Code to strengthen compliance requirements and update program fees.

1093
02:12:37.460 --> 02:12:47.516
<v Rebecca Dobert>Amend Code Sections 14A.70, 0.060, and 14A.70.070, document number 2026-328.

1094
02:12:47.920 --> 02:12:58.198
<v Rebecca Dobert>And item 8, repeal Amusement Devices, Games, and Machines Code, repeal Code Chapter 14B.110, document number 2026-329.

1095
02:13:00.087 --> 02:13:03.878
<v Sameer Kanal>All right, thank you so much, and I'll pass it over to, uh, Councilor Novick.

1096
02:13:04.927 --> 02:13:05.703
<v Steve Novick>Thank you, Mr. Chairman.

1097
02:13:06.850 --> 02:13:14.063
<v Steve Novick>So to use another of my outdated cultural references, my office is on a— like the Blues Brothers, on a mission from God.

1098
02:13:14.368 --> 02:13:20.871
<v Steve Novick>In our case, the mission is to find and root out silly requirements that unduly burden small business in the city.

1099
02:13:22.300 --> 02:13:29.493
<v Steve Novick>All of you joined me in eliminating one such silly requirement, the requirement for a permit to put up a simple sandwich board outside your business.

1100
02:13:30.425 --> 02:13:40.993
<v Steve Novick>It turns out that the city also has silly requirements that establishments that have pool tables and pinball machines have to have special permits to have pool tables and pinball machines.

1101
02:13:41.572 --> 02:13:50.890
<v Steve Novick>I believe that stems from an era when pool and pinball were considered unsavory activities, and politicians might have thought, well, if you're going to conduct this unsavory activity, at least you should have a permit.

1102
02:13:51.389 --> 02:13:57.109
<v Steve Novick>But that was always silly, and it's not as if we do active regulation of pool tables and pinball machines.

1103
02:13:57.157 --> 02:13:58.859
<v Steve Novick>We're not going out to inspect them.

1104
02:13:59.519 --> 02:14:01.381
<v Steve Novick>So we were talking with the revenue office about that.

1105
02:14:01.430 --> 02:14:01.527
<v Steve Novick>Thank you.

1106
02:14:02.296 --> 02:14:19.283
<v Steve Novick>And they said, well, they agreed that that was silly, and they also— but they also said that there's a number of other activities for which we do undertake active regulation, and those— and the permit fees for those activities haven't been updated in forever and don't actually pay the cost of regulation.

1107
02:14:20.020 --> 02:14:27.623
<v Steve Novick>And conveniently, everything we're talking about today starts with P: payday lenders, pay-to-park operations, and pawnbrokers.

1108
02:14:27.737 --> 02:14:29.823
<v Steve Novick>Although there I'm taking a bit of poetic license because yes.

1109
02:14:30.145 --> 02:14:33.746
<v Steve Novick>The language that we really use is secondhand dealers.

1110
02:14:35.779 --> 02:14:48.895
<v Steve Novick>Before I ask the revenue folks to come up and explain further, I want to note that I passed out an amendment to the secondhand dealers portion of our proposal, which is based on feedback we got in the past couple of days.

1111
02:14:49.478 --> 02:14:59.569
<v Steve Novick>There's various provisions that apply to every employee of a secondhand dealer, and the feedback we got was, well, wait a minute, What if you operate in multiple jurisdictions?

1112
02:14:59.921 --> 02:15:08.671
<v Steve Novick>Does the City of Portland really need information about every employee in all jurisdictions, or do we really only need information about the employees operating in the City of Portland?

1113
02:15:09.297 --> 02:15:10.518
<v Steve Novick>And that made sense.

1114
02:15:10.613 --> 02:15:18.046
<v Steve Novick>So the amendment which we're proposing would in 3 places refer to employees in the City of Portland as opposed to just employees in general.

1115
02:15:18.769 --> 02:15:20.840
<v Steve Novick>And we're going to hear some public testimony about that.

1116
02:15:21.417 --> 02:15:37.921
<v Steve Novick>So with that introduction, I'd like to ask the thanks for being here.

1117
02:15:38.050 --> 02:15:40.899
<v Sameer Kanal>Please introduce yourself for the record, either altogether or when you start.

1118
02:15:50.771 --> 02:15:51.372
<v Tim Mercer>Good afternoon.

1119
02:15:53.322 --> 02:15:54.112
<v Tim Mercer>My name's Tim Mercer.

1120
02:15:54.159 --> 02:15:58.064
<v Tim Mercer>I'm the Tax Division Manager within Revenue.

1121
02:15:59.789 --> 02:16:06.826
<v Tim Mercer>We're here to talk to you today, as Councilor Novick alluded to, to talk to you about our regulatory stuff.

1122
02:16:07.670 --> 02:16:11.085
<v Tim Mercer>So Revenue Division's known for, you know, collecting taxes.

1123
02:16:11.344 --> 02:16:30.487
<v Tim Mercer>That's the bulk of what we do, as I'm sure you well know, but We also have a small number of regulatory programs that we administer within Revenue, and that's essentially a 1 FTE portion of our shop, and that's what we're going to talk about today.

1124
02:16:33.752 --> 02:16:37.271
<v Tim Mercer>Here's a brief summary of the changes that we're proposing.

1125
02:16:38.336 --> 02:16:44.631
<v Tim Mercer>The headliner is the discontinuation of the amusement device program that Councilor Novick referred to.

1126
02:16:46.993 --> 02:17:06.445
<v Tim Mercer>Coupled with that, we have some, some kind of small updates to a few of the other programs like Pay and Park and Secondhand Dealer, and then kind of across the board updating the fee structures that haven't been updated in quite a while, and then tying them to future updates to the CPI.

1127
02:17:09.415 --> 02:17:16.802
<v Tim Mercer>So with that, I'm going to turn it over and you'll hear the bulk of the presentation today.

1128
02:17:18.087 --> 02:17:19.036
<v Danny Dacelle>My name is Danny Dacelle.

1129
02:17:19.117 --> 02:17:21.718
<v Danny Dacelle>I'm the Business Income Tax Section Manager.

1130
02:17:22.184 --> 02:17:29.398
<v Danny Dacelle>This FTE, the Regulatory Program Coordinator, Leila Taylor, sitting next to my right, she reports to me.

1131
02:17:30.121 --> 02:17:34.878
<v Danny Dacelle>I'm going to try and present these ordinances to you folks in the order that I believe those were just read out.

1132
02:17:35.263 --> 02:17:43.584
<v Danny Dacelle>I'll do my best, but if you have questions and we need to jump I'm going to start with payday lenders, as it was mentioned.

1133
02:17:43.808 --> 02:17:59.111
<v Danny Dacelle>The ordinance establishing the payday lender program was first passed back in February of 2006 to provide local consumer protection— oops, sorry about that— local consumer protection framework to partner with the established state guidance.

1134
02:17:59.271 --> 02:18:03.109
<v Danny Dacelle>That's important to emphasize that this is primarily a state-guided program.

1135
02:18:04.102 --> 02:18:17.737
<v Danny Dacelle>Payday lenders must first and foremost be licensed by the state, and regulation of these entities focuses on personal consumer lenders that lend amounts under $50,000.

1136
02:18:17.865 --> 02:18:22.784
<v Danny Dacelle>Making sure that these folks are kept to strict interest caps is really the focus there.

1137
02:18:23.649 --> 02:18:37.283
<v Danny Dacelle>The focus of our effort on the city side is as a local protection for borrowers, establishing the ability for them to do things like cancel agreements, create payment plans, and file complaints locally for bad practices for these lenders.

1138
02:18:39.184 --> 02:18:51.440
<v Danny Dacelle>The broader enforcement of these still occurs at the state level, and at the time of the original passage of this ordinance for this program, there were— the landscape for these lenders was a lot bigger.

1139
02:18:51.487 --> 02:19:07.584
<v Danny Dacelle>There was upwards of 50 to 60 lenders at the time in Portland, but most of these, the vast majority of these, were not able to renew their permit with revenue within the first year because of the interest rate caps that were established and the other regulatory guidance at the time.

1140
02:19:07.859 --> 02:19:12.824
<v Danny Dacelle>So we're now at the place where our current landscape has about 5 of these folks left over.

1141
02:19:14.550 --> 02:19:22.551
<v Danny Dacelle>And I think this slide touches on the fact that since that point in time, we have not updated their registration fee since 2006.

1142
02:19:22.600 --> 02:19:24.013
<v Danny Dacelle>So it's a little bit out of date at this point in time.

1143
02:19:25.907 --> 02:19:27.000
<v Danny Dacelle>We can jump to the next slide.

1144
02:19:28.380 --> 02:19:30.677
<v Danny Dacelle>This just highlights a summary of the proposed changes.

1145
02:19:30.726 --> 02:19:43.333
<v Danny Dacelle>It's pretty simple for this program, is just to increase that application fee to an amount that keeps up with this, the inflation index since that point in time, and then it ties future updates to the CPI indicator going forward.

1146
02:19:44.120 --> 02:19:54.029
<v Danny Dacelle>I'll note that we did receive just a little bit of feedback in our public comment period, which was focused on just resistance to that fee change.

1147
02:19:54.209 --> 02:19:55.074
<v Danny Dacelle>It's pretty straightforward.

1148
02:19:57.557 --> 02:19:58.493
<v Danny Dacelle>We can jump to the next slide.

1149
02:19:59.809 --> 02:20:02.139
<v Danny Dacelle>The pay-and-park program is the next one on our list.

1150
02:20:02.959 --> 02:20:15.797
<v Danny Dacelle>This program was implemented and exists to protect the fairness and the convenience for the parking public, to avoid predatory ticketing practices for these private lots, and to put caps on penalty maximums that can be assessed.

1151
02:20:17.268 --> 02:20:22.470
<v Danny Dacelle>Only the lots that are registered and in compliance with our program are able to issue penalties for these violations.

1152
02:20:23.049 --> 02:20:32.556
<v Danny Dacelle>And the main differentiator that makes a parking lot fall under our purview is that they enforce permit through issuing citation notices, as I mentioned.

1153
02:20:33.503 --> 02:20:43.637
<v Danny Dacelle>Only the lots within the city— sorry, other lots within the city that you may see pay-on-exit lots or other lots that use towing as an enforcement mechanism, that would not be under our program.

1154
02:20:43.700 --> 02:20:43.844
<v Danny Dacelle>Thank you.

1155
02:20:44.423 --> 02:20:53.489
<v Danny Dacelle>I'll also emphasize that this, this code section does not apply to public parking that's enforceable strictly through PBOT.

1156
02:20:54.677 --> 02:21:01.530
<v Danny Dacelle>And as noted by the amount of lots on this slide, there's about 164 permitted lots that are under our purview.

1157
02:21:02.558 --> 02:21:16.102
<v Danny Dacelle>That takes up a substantial amount of time and effort and energy per week from LILA, but we have not increased or updated the rates that are assessed on an annual basis for these folks for quite some time, about 2009.

1158
02:21:22.002 --> 02:21:31.028
<v Danny Dacelle>And just a high level, I know we had sent a summary of these proposed changes or have already been sent over to council, but just wanted to give a high-level table here.

1159
02:21:32.389 --> 02:21:35.527
<v Danny Dacelle>I don't know if— I don't want to stop too long here because I know we're time-limited.

1160
02:21:36.296 --> 02:21:37.563
<v Danny Dacelle>But we can go to our next slide.

1161
02:21:37.691 --> 02:21:45.105
<v Danny Dacelle>Our public process involved sending letters out to the impacted businesses to notify of prospective changes.

1162
02:21:45.298 --> 02:21:55.456
<v Danny Dacelle>We opened a public comment period starting in August, and then we held an in-person listening session at City Hall with Commissioner Novick's office on the 24th.

1163
02:21:56.531 --> 02:22:03.367
<v Danny Dacelle>A summary, just a high-level summary of some of the comments that we heard from folks centered around concern on the definition of what made a large lot.

1164
02:22:03.415 --> 02:22:03.478
<v Danny Dacelle>Yes.

1165
02:22:03.559 --> 02:22:03.752
<v Danny Dacelle>Yes.

1166
02:22:04.137 --> 02:22:10.085
<v Danny Dacelle>And the potential impacts to the ability to assess penalties related to the grace period that we proposed.

1167
02:22:10.246 --> 02:22:13.854
<v Danny Dacelle>We wanted to establish that for the ticketed public.

1168
02:22:14.880 --> 02:22:25.209
<v Danny Dacelle>There was also concerns around the caps that are set on penalty maximums that can be issued because those have not changed in quite some time either when you're factoring in CPI increases.

1169
02:22:26.363 --> 02:22:34.863
<v Danny Dacelle>There's also a concern around the lack of definition on the ability for certain and operators to issue penalty notices to vehicles that occupy multiple parking spaces.

1170
02:22:35.074 --> 02:22:39.699
<v Danny Dacelle>So think of a tour bus that takes up 10 spaces in one of these private lots.

1171
02:22:40.140 --> 02:22:43.084
<v Danny Dacelle>There's a little bit of lack of clarity in the code on what they can do there.

1172
02:22:44.639 --> 02:22:48.870
<v Danny Dacelle>The changes that implemented here, if passed, would not take place until next year.

1173
02:22:48.934 --> 02:22:51.525
<v Danny Dacelle>So we're talking about changes that would occur next calendar year.

1174
02:22:53.299 --> 02:22:54.433
<v Danny Dacelle>We can jump to the next slide.

1175
02:22:55.582 --> 02:22:58.838
<v Danny Dacelle>We'll move to the secondhand dealer program.

1176
02:22:58.887 --> 02:22:59.144
<v Danny Dacelle>So this—.

1177
02:22:59.593 --> 02:23:08.239
<v Danny Dacelle>The original establishment of this program dates back to the 1980s, and for the purpose of controlling the flow of stolen property within the City of Portland.

1178
02:23:08.335 --> 02:23:15.394
<v Danny Dacelle>The current program focuses and regulates business activities that are considered at high risk for passing off stolen property.

1179
02:23:16.115 --> 02:23:21.779
<v Danny Dacelle>So most often you can think of these as pawn shops, jewelry shops, sporting goods stores, and some others.

1180
02:23:22.917 --> 02:23:33.531
<v Danny Dacelle>The compliance effort for this program, same with the Pay and Park program, involves a significant amount of time and resources each week for, again, the one FTE.

1181
02:23:34.878 --> 02:23:37.540
<v Danny Dacelle>This involves consistent coordination as well with PPB.

1182
02:23:38.084 --> 02:23:40.425
<v Danny Dacelle>We have a liaison that works with Leela pretty closely.

1183
02:23:41.355 --> 02:23:50.879
<v Danny Dacelle>But it's similar in time and resource use to the Pay and Park program, and the permit fee increases, as mentioned with Pay and Park, has not really kept up with CPI.

1184
02:23:51.713 --> 02:23:54.266
<v Danny Dacelle>Adjustments or inflation over the past decade or so.

1185
02:23:55.567 --> 02:24:02.808
<v Danny Dacelle>And I'll note, just a quick note, because this slide differentiates between— I'm trying to head off a potential question just in case that comes.

1186
02:24:02.873 --> 02:24:14.531
<v Danny Dacelle>But the distinction between what you see as an occasional dealer and a regular dealer is that incorporates folks who acquire 50 items or less of regulated property per year.

1187
02:24:14.658 --> 02:24:15.927
<v Danny Dacelle>That makes them an occasional dealer.

1188
02:24:15.992 --> 02:24:16.023
<v Danny Dacelle>So.

1189
02:24:16.281 --> 02:24:16.377
<v Danny Dacelle>Thank you.

1190
02:24:16.623 --> 02:24:20.645
<v Danny Dacelle>In case that question comes up, go to the next slide.

1191
02:24:24.590 --> 02:24:28.189
<v Danny Dacelle>And this is just a another summary of the high-level changes here.

1192
02:24:28.863 --> 02:24:29.924
<v Danny Dacelle>I'll call out.

1193
02:24:30.165 --> 02:24:42.204
<v Danny Dacelle>I don't need to linger too long here, but I'll note that revenue had initially proposed increasing the the fee for all businesses here to about $600, and about after our public comment period.

1194
02:24:43.048 --> 02:24:55.604
<v Danny Dacelle>And our listening session with owners and operators on this, from this aspect, we adjusted that down to $450 across the board as just the standard one-time fee per year.

1195
02:24:55.831 --> 02:25:06.539
<v Tim Mercer>So it's also worth noting here that this is the call-out that Councilor Novick made about the language change that you all have in front of you with this program.

1196
02:25:07.870 --> 02:25:22.959
<v Steve Novick>Can I ask, um, what— I just want to underline that what we're proposing here would eliminate the distinction between the fee for occasional dealers and non-occasional dealers, and that's because it doesn't take any more effort to regulate the non-occasional dealers than the occasional ones.

1197
02:25:22.959 --> 02:25:30.000
<v Steve Novick>I was just wondering, Leila, if you could sort of explain what you have to do with relation to each and why there's not a real difference in effort between the two.

1198
02:25:30.260 --> 02:25:31.200
<v Leila Taylor>Yeah, absolutely.

1199
02:25:31.200 --> 02:25:33.889
<v Leila Taylor>I'm Leila Taylor, the Regulatory Program Coordinator.

1200
02:25:34.319 --> 02:25:38.763
<v Leila Taylor>When a secondhand dealer application comes in, It's accompanied by a fee.

1201
02:25:39.301 --> 02:25:42.468
<v Leila Taylor>I have to review the documents to make sure that they're all complete.

1202
02:25:43.655 --> 02:25:44.942
<v Leila Taylor>Thank you.

1203
02:25:45.087 --> 02:25:53.844
<v Leila Taylor>Any background check forms or personal history forms that— for each employee that are submitted with the application have to be reviewed for completion.

1204
02:25:54.825 --> 02:26:01.779
<v Leila Taylor>And then once I've reviewed those, I create the account within our system and submit that to Portland Police Bureau for review.

1205
02:26:02.841 --> 02:26:07.487
<v Leila Taylor>So the administrative process is, is identical regardless of how many items they acquire.

1206
02:26:08.424 --> 02:26:08.699
<v Sameer Kanal>Thank you.

1207
02:26:09.004 --> 02:26:09.296
<v Leila Taylor>Yeah, of course.

1208
02:26:11.698 --> 02:26:18.634
<v Danny Dacelle>Okay, um, our public process here was very similar to what, uh, what you saw with Payne Park.

1209
02:26:18.779 --> 02:26:25.831
<v Danny Dacelle>Letters went out to the impacted folks, uh, in July, and public comment, um, portal opened in early August.

1210
02:26:26.689 --> 02:26:32.346
<v Danny Dacelle>Online listening session was held with, with some of these folks, again we had a meeting with Commissioner Novick's office on the 24th.

1211
02:26:32.861 --> 02:26:53.325
<v Danny Dacelle>That's where a lot of the general feedback that we heard here, a summary of those comments centered on concerns on, again, that elimination of that occasional dealer permit, the overall fee increases given the market factors that are present currently, as well as just an overall opposition to tying things to the CPI index moving forward.

1212
02:26:55.569 --> 02:26:56.286
<v Danny Dacelle>We can go to the next slide.

1213
02:26:56.438 --> 02:26:59.602
<v Danny Dacelle>Next slide.

1214
02:26:59.716 --> 02:27:00.968
<v Danny Dacelle>So we'll talk about social games.

1215
02:27:01.659 --> 02:27:10.111
<v Danny Dacelle>So our local social games program stems originally from ORS statutes that were focused on gambling that were enacted in 1974.

1216
02:27:10.400 --> 02:27:13.663
<v Danny Dacelle>This is meant to regulate activities between players.

1217
02:27:14.096 --> 02:27:17.310
<v Danny Dacelle>This excludes lottery that takes place in a private residence.

1218
02:27:18.290 --> 02:27:25.352
<v Danny Dacelle>In the absence of our program and the enforcement of the regulations, Without authorization, social games of any kind would be considered illegal within the city.

1219
02:27:27.120 --> 02:27:32.751
<v Danny Dacelle>But our local authorization stems from the ORS guidance, again, enacted around 1974.

1220
02:27:33.524 --> 02:27:37.835
<v Danny Dacelle>You'll hear a theme, which is that the fees have not been updated since the origination.

1221
02:27:37.966 --> 02:27:39.873
<v Danny Dacelle>That dates back to 1974 for this one.

1222
02:27:41.217 --> 02:27:47.516
<v Danny Dacelle>Social games, in case anybody is wondering, includes poker, blackjack, cribbage, dominoes, any other games of that nature.

1223
02:27:49.016 --> 02:27:53.795
<v Danny Dacelle>And the current time commitment of this program for our program coordinator is fairly minimal.

1224
02:27:53.843 --> 02:28:01.692
<v Danny Dacelle>It's mostly a complaint-driven program, and the revenue generated stems from permit renewals from the existing business that are already registered with us.

1225
02:28:03.656 --> 02:28:04.507
<v Danny Dacelle>Go to the next slide.

1226
02:28:08.488 --> 02:28:15.424
<v Danny Dacelle>And just again, a summary of the high-level changes here, just increasing the fee, tying that to the CPI indicator for any future adjustments.

1227
02:28:16.952 --> 02:28:23.549
<v Danny Dacelle>As well as trying to mandate business tax compliance for these folks as well, which was a— that was a theme of most of our changes also.

1228
02:28:24.132 --> 02:28:26.278
<v Danny Dacelle>And we did not receive any public commentary for this one.

1229
02:28:31.718 --> 02:28:32.364
<v Danny Dacelle>Amusement devices.

1230
02:28:32.864 --> 02:28:35.288
<v Danny Dacelle>We put this picture in just for Commissioner Novick.

1231
02:28:35.643 --> 02:28:36.645
<v Danny Dacelle>I'm just joking.

1232
02:28:37.549 --> 02:28:44.458
<v Danny Dacelle>This program focuses on and has been in existence— I'll date the history back.

1233
02:28:44.505 --> 02:28:45.397
<v Danny Dacelle>It dates back as far back as the 1930s.

1234
02:28:47.424 --> 02:29:03.371
<v Danny Dacelle>In its original form, because a distinction was decided was needed between amusement devices or innocent amusement devices like pinball, pool tables, other things of that nature versus gambling devices, and there was not any sort of enforcement or compliance of that activity at the time.

1235
02:29:04.593 --> 02:29:15.834
<v Danny Dacelle>Throughout the course of this program, Revenue and PPB have maintained a partnership agreement around inspection authority in order to manage the social and neighborhood effects associated with coin-operated amusement.

1236
02:29:15.979 --> 02:29:16.180
<v Danny Dacelle>Thank you.

1237
02:29:16.180 --> 02:29:16.180
<v Danny Dacelle>Thank you, Mayor.

1238
02:29:16.180 --> 02:29:16.180
<v Danny Dacelle>This is Councilor Mitch Green.

1239
02:29:16.180 --> 02:29:20.620
<v Danny Dacelle>I'm here to talk about the Entertainment and Gaming Devices, and particularly their effects on minors while generating revenue.

1240
02:29:20.620 --> 02:29:29.399
<v Danny Dacelle>I just, I just want to throw in that distinction because that's— that language is— this program should not be confused with state lottery gaming at all, as it's completely separate.

1241
02:29:29.760 --> 02:29:36.139
<v Danny Dacelle>But it does regulate and permit devices within the city like pool table, shuffleboard, pinball, other things of that nature.

1242
02:29:36.159 --> 02:29:39.620
<v Danny Dacelle>And again, minimal time commitment for LEILA on this one.

1243
02:29:39.620 --> 02:29:44.879
<v Danny Dacelle>It's a complaint-driven program, and revenue comes from, again, the annual permit requirement for these folks.

1244
02:29:47.742 --> 02:29:50.040
<v Danny Dacelle>Next slide.

1245
02:29:50.299 --> 02:29:55.268
<v Danny Dacelle>And just briefly, I'll touch on— I know this is not— this is under our suite, so I'll talk about it.

1246
02:29:55.316 --> 02:29:57.757
<v Danny Dacelle>But this is the newest program under our regulatory umbrella.

1247
02:29:57.823 --> 02:30:03.960
<v Danny Dacelle>This was established in 2023, and that's the third-party food platform program.

1248
02:30:04.010 --> 02:30:16.549
<v Danny Dacelle>And it exists strictly to provide an outlet for local restaurants and delivery drivers to file complaints if violations of existing caps that were established for delivery and other fees that get charged to these folks.

1249
02:30:17.945 --> 02:30:29.195
<v Danny Dacelle>It tries to restrict the ability for predatory practices there by those third-party food platforms, DoorDash and other things like that.

1250
02:30:29.341 --> 02:30:33.126
<v Danny Dacelle>Again, pretty minimal time commitment for our coordinator per week.

1251
02:30:33.271 --> 02:30:35.025
<v Danny Dacelle>This is minimal complaint-driven.

1252
02:30:35.219 --> 02:30:36.542
<v Danny Dacelle>This is also non-revenue generating.

1253
02:30:36.713 --> 02:30:37.826
<v Danny Dacelle>Thank you.

1254
02:30:40.310 --> 02:30:52.350
<v Danny Dacelle>And then our last 2 slides, just a high-level summary of the yearly changes that we'd be talking about for each of these programs, the summary of current and then proposed for each one we talked about today.

1255
02:30:52.431 --> 02:31:07.831
<v Danny Dacelle>And then our very last slide was just a summary of the annualized revenue collection for the current status of this program as of, I guess, as of FY24-25, and then what we project with these changes going into next fiscal year.

1256
02:31:11.559 --> 02:31:13.189
<v Danny Dacelle>I think that's, that's the end of what we—.

1257
02:31:14.479 --> 02:31:18.336
<v Tim Mercer>Yeah, that concludes the presentation.

1258
02:31:19.886 --> 02:31:20.079
<v Dan Ryan>Thank you.

1259
02:31:20.144 --> 02:31:20.903
<v Sameer Kanal>Anything else you want to add?

1260
02:31:21.000 --> 02:31:21.369
<v Sameer Kanal>Okay, thanks.

1261
02:31:21.979 --> 02:31:38.247
<v Sameer Kanal>Um, so colleagues, before, uh, opening it up for, for, uh, clarifying questions, um, just— we do have public testimony, so we will do the distinction between clarifying questions so are there any clarifying questions for either Councilor Novick or for the presenters?

1262
02:31:41.459 --> 02:31:42.343
<v Sameer Kanal>Councilor Green.

1263
02:31:42.617 --> 02:31:43.114
<v Mitch Green>Yeah, thank you.

1264
02:31:43.179 --> 02:31:44.304
<v Mitch Green>Thank you, Councilor Novick.

1265
02:31:44.529 --> 02:31:45.912
<v Mitch Green>Uh, tidy presentation, by the way.

1266
02:31:46.378 --> 02:31:48.644
<v Mitch Green>Um, thanks for the good presentation, easy to follow.

1267
02:31:48.724 --> 02:31:50.235
<v Mitch Green>I just want to make sure I understand this correctly.

1268
02:31:50.780 --> 02:32:00.108
<v Mitch Green>So on slide 18, overall in the aggregate, you're saying that we currently lose $40,500 a year in revenue from the with our current status quo.

1269
02:32:01.055 --> 02:32:08.627
<v Mitch Green>Um, and in your proposal, your package of proposals, we would basically cut in half that loss, correct?

1270
02:32:09.333 --> 02:32:13.440
<v Mitch Green>Okay, so we'll hear some testimony that sort of contextualizes that.

1271
02:32:13.488 --> 02:32:15.605
<v Mitch Green>It's not all just dollars and cents, but I just wanted to make sure.

1272
02:32:16.728 --> 02:32:20.965
<v Mitch Green>Sometimes the signs on the, on the tables can be a little misleading, but I got it.

1273
02:32:21.189 --> 02:32:21.445
<v Caleb Schlesinger>Thanks.

1274
02:32:22.408 --> 02:32:24.125
<v Sameer Kanal>Thanks, Councilor Green.

1275
02:32:24.174 --> 02:32:25.745
<v Sameer Kanal>I'll, I'll just, uh, add my question.

1276
02:32:25.842 --> 02:32:45.527
<v Sameer Kanal>It's about the secondhand dealer one, I just want to make sure I understand correctly that, um, because the, the, the paper version has— doesn't have the, the earlier part, but my understanding is right now the proposal would make it so that there's every employee who operates in the City of Portland would need to do a background check and all that.

1277
02:32:45.977 --> 02:32:48.880
<v Sameer Kanal>Who is currently required to get a background check?

1278
02:32:49.585 --> 02:32:56.736
<v Leila Taylor>Currently, each employee that acquires regulated property, so buys things that are defined by LIC 10.01.

1279
02:32:57.656 --> 02:33:05.683
<v Leila Taylor>They have to have a background check that's been approved by Portland Police Bureau, and we're suggesting that there's also a background check fee accompanying that.

1280
02:33:07.575 --> 02:33:12.153
<v Sameer Kanal>Okay, so, so no new human beings would be covered by this rule?

1281
02:33:13.483 --> 02:33:24.217
<v Leila Taylor>I mean, if, if you are a business owner and you hire a new employee that you intend to have them buy jewelry or whatever, then that new employee would have to have the background check, and that's current practice.

1282
02:33:24.746 --> 02:33:28.728
<v Sameer Kanal>Okay, so if you work at a pawn shop but you're not the buyer, correct?

1283
02:33:29.708 --> 02:33:29.965
<v Sameer Kanal>Are you—.

1284
02:33:30.189 --> 02:33:32.131
<v Sameer Kanal>This says, and each employee.

1285
02:33:32.837 --> 02:33:38.890
<v Sameer Kanal>So if you're at a pawn shop but you are not the buyer right now, you don't need to get it, correct?

1286
02:33:38.939 --> 02:33:40.271
<v Sameer Kanal>And going forward you would?

1287
02:33:40.849 --> 02:33:41.362
<v Tim Mercer>Exactly.

1288
02:33:41.587 --> 02:33:42.470
<v Tim Mercer>That's the change here.

1289
02:33:42.614 --> 02:33:42.871
<v Tim Mercer>Yeah.

1290
02:33:43.513 --> 02:33:43.899
<v Tim Mercer>Okay.

1291
02:33:44.156 --> 02:34:02.346
<v Tim Mercer>In addition to the fee, the changes that, uh, currently business owners could sort of, uh, dictate who is buying and who's going to go through the process to be on the list, um, whereas now we're saying all staff at that location would be on the list and go through the process.

1292
02:34:03.039 --> 02:34:03.360
<v Sameer Kanal>Thanks.

1293
02:34:03.763 --> 02:34:04.298
<v Sameer Kanal>Councilor Ryan.

1294
02:34:06.584 --> 02:34:18.118
<v Dan Ryan>Chair, um, first, just at the very beginning of your presentation when you mentioned the taxes that we and I appreciate that you put all the ones that aren't directly just for the city but for the metro area and for the county.

1295
02:34:19.210 --> 02:34:21.476
<v Dan Ryan>This isn't a complete list, and you know that, correct?

1296
02:34:21.765 --> 02:34:22.166
<v Dan Ryan>Correct.

1297
02:34:22.231 --> 02:34:26.248
<v Dan Ryan>Okay, just wanted to note that the children's levy is not on here, the cannabis tax is not on here.

1298
02:34:26.650 --> 02:34:30.361
<v Dan Ryan>So you really focused on the ones that were beyond the city for the most part.

1299
02:34:31.647 --> 02:34:34.861
<v Tim Mercer>Just, just trying to point out kind of who we are in general.

1300
02:34:35.022 --> 02:34:37.094
<v Dan Ryan>Yeah, and you have taken on a lot.

1301
02:34:37.191 --> 02:34:44.768
<v Dan Ryan>A lot of new responsibility, and I've always questioned how that has been difficult on our capacity for the ones that we already have.

1302
02:34:45.820 --> 02:34:51.958
<v Dan Ryan>My way of saying I have empathy when anytime there's a cut to your bureau because of taking on all these responsibilities.

1303
02:34:53.218 --> 02:34:54.075
<v Dan Ryan>Okay, back to topic.

1304
02:34:54.463 --> 02:34:56.663
<v Dan Ryan>Councilor Novick, I'm so sorry I didn't call you this morning.

1305
02:34:56.986 --> 02:34:59.686
<v Dan Ryan>It's a— I think it's a softball, and you're very good at these.

1306
02:35:01.823 --> 02:35:05.378
<v Dan Ryan>I can't imagine that— I'm trying to imagine where the why came from.

1307
02:35:05.592 --> 02:35:09.174
<v Dan Ryan>And where this list came from and how much more digging can be done.

1308
02:35:09.222 --> 02:35:24.308
<v Dan Ryan>So I'm trying to get at, were these items or funds or whatever we want to call them, 'cause they really go all over the place, is it something the revenue division was chomping at the bit to bring cleanup to us anyway?

1309
02:35:24.388 --> 02:35:28.293
<v Dan Ryan>Like, I'm kind of confused on how we got to this moment.

1310
02:35:28.389 --> 02:35:32.084
<v Dan Ryan>And I respect that Councilor Novick creatively dug in there with you.

1311
02:35:32.663 --> 02:35:39.533
<v Dan Ryan>Clearly there's ones like the amusement, which is kind of a no-brainer and actually was entertaining.

1312
02:35:40.000 --> 02:35:43.611
<v Dan Ryan>Makes me think of the musical Music Man and some of the lyrics in that.

1313
02:35:44.125 --> 02:35:49.536
<v Dan Ryan>But then there's others that I think have some consequences that probably need a little bit more discussion.

1314
02:35:49.985 --> 02:35:55.426
<v Dan Ryan>But I respect you and I wanna just hear a little bit more about how this all came to fruition.

1315
02:35:56.342 --> 02:35:56.791
<v Sameer Kanal>May I respond?

1316
02:35:56.904 --> 02:35:58.750
<v Dan Ryan>Yeah, it's directly to him.

1317
02:35:59.120 --> 02:36:04.245
<v Steve Novick>So the revenue folks could maybe, you know, give us some more context to our discussions.

1318
02:36:04.293 --> 02:36:16.569
<v Steve Novick>But really, we were having— we were talking about following up on eliminating the permit requirement for putting sandwich boards out in front of your business.

1319
02:36:16.891 --> 02:36:17.067
<v Steve Novick>Right.

1320
02:36:17.308 --> 02:36:22.177
<v Steve Novick>We were talking about the fact that there are these permit requirements for having pool tables and pinball machines.

1321
02:36:22.756 --> 02:36:27.956
<v Steve Novick>And the Revenue Bureau folks agreed that that that's kind of, you know, outdated and unnecessary.

1322
02:36:28.308 --> 02:36:43.234
<v Steve Novick>But they also brought to our attention that there are several other activities which are regulated and require permits which actually take the time of the bureau to do the active regulation, and that the fees for those had not been updated in a long time.

1323
02:36:43.281 --> 02:36:46.280
<v Steve Novick>We're not covering the cost of— really, it's just Leela's time.

1324
02:36:47.146 --> 02:36:55.065
<v Steve Novick>So we decided to bring those together, saying that we're going to update these fees that haven't been updated forever and don't pay the cost of regulation.

1325
02:36:55.735 --> 02:37:02.467
<v Steve Novick>At the same time as we are eliminating the permit requirement for activities that don't actually really require active regulation.

1326
02:37:04.350 --> 02:37:05.416
<v Dan Ryan>Okay, I understand.

1327
02:37:06.015 --> 02:37:12.615
<v Dan Ryan>I appreciate that you did the sandwich board item and that that led to more dialogue.

1328
02:37:13.037 --> 02:37:20.397
<v Dan Ryan>I guess I'm just kind of perplexed why this was always under the mayor's bureaus, if you will, and why some of these hadn't come up.

1329
02:37:21.012 --> 02:37:24.075
<v Dan Ryan>In the last 10 years or 20 years with some of them, 30 years even.

1330
02:37:24.138 --> 02:37:31.083
<v Dan Ryan>So anyway, I was just entertained by this legislation and had to hear a little bit more about the motivation.

1331
02:37:31.274 --> 02:37:31.675
<v Dan Ryan>Thanks.

1332
02:37:32.701 --> 02:37:34.032
<v Sameer Kanal>Thank you, Councilor Ryan.

1333
02:37:34.145 --> 02:37:35.653
<v Sameer Kanal>I realized I forgot one more question.

1334
02:37:36.229 --> 02:37:37.352
<v Sameer Kanal>It's on slide 8.

1335
02:37:37.994 --> 02:37:45.129
<v Sameer Kanal>You had the comments, and maybe this is just generally, how should we view your— as you're saying there, these are the comments we received.

1336
02:37:45.722 --> 02:37:47.743
<v Sameer Kanal>Are these feedback on the proposal we're seeing now?

1337
02:37:48.513 --> 02:37:49.172
<v Sameer Kanal>Or were—.

1338
02:37:49.540 --> 02:37:53.986
<v Sameer Kanal>Was the proposal we're seeing now shaped based on these comments?

1339
02:37:55.029 --> 02:37:55.768
<v Tim Mercer>That's a great question.

1340
02:37:55.816 --> 02:37:56.729
<v Tim Mercer>Thank you for asking that.

1341
02:37:57.404 --> 02:37:59.876
<v Tim Mercer>Um, it's a little bit of both.

1342
02:38:00.212 --> 02:38:03.309
<v Tim Mercer>So, uh, we had a comment period open.

1343
02:38:03.680 --> 02:38:26.865
<v Tim Mercer>We were able to make some modifications to what you're seeing right now based on that comment period, and then we've continued to receive feedback all the way up to as, as Councilor Novick alluded to, I think, um, one of the, the comments that, um, precipitated the amendment you have in front of you, uh, came into us yesterday or something like that.

1344
02:38:26.961 --> 02:38:39.748
<v Tim Mercer>So there's— it's probably fair to say that there's some stuff that we've heard, heard feedback on that we haven't gotten into the package, and there's some other things where we made, um, some tweaks here and there to what's in front of you.

1345
02:38:41.610 --> 02:38:47.641
<v Sameer Kanal>Did anything change with relation to the people who park in more than one parking spot?

1346
02:38:47.978 --> 02:38:48.268
<v Tim Mercer>No.

1347
02:38:49.343 --> 02:38:49.631
<v Sameer Kanal>Okay.

1348
02:38:50.674 --> 02:38:55.791
<v Sameer Kanal>Um, I, I will be following up on that afterwards because that's an area of interest of mine.

1349
02:38:56.290 --> 02:39:05.834
<v Sameer Kanal>Um, seeing no one else in the queue, uh, we're gonna call all the testifiers together on, on all of these, and I don't think there's any duplicate signups anyway, but I will call the first testifier.

1350
02:39:06.405 --> 02:39:09.947
<v Sameer Kanal>Rebecca, if you could please call our panel of testifiers, and thank you to the presenters.

1351
02:39:12.983 --> 02:39:17.996
<v Rebecca Dobert>Kevin O'Connell, Caleb Schlesinger, and Matthew Forgue.

1352
02:39:29.083 --> 02:39:30.183
<v Rebecca Dobert>You can go ahead at the table.

1353
02:39:31.659 --> 02:39:32.959
<v Caleb Schlesinger>Uh, my name is Caleb Schlesinger.

1354
02:39:33.239 --> 02:39:38.337
<v Caleb Schlesinger>I guess I represent one of the 11, uh, parking operators that currently work with the city.

1355
02:39:39.316 --> 02:39:45.431
<v Caleb Schlesinger>I do have some additional concerns that I think weren't fully addressed, but I did submit in writing as well.

1356
02:39:45.927 --> 02:40:00.353
<v Caleb Schlesinger>I think what also is missing is the fact that this code, from my understanding, having worked with it for over 15 years, is also geared towards providing people with an alternative solution to towing, which is hard to undo.

1357
02:40:01.075 --> 02:40:13.161
<v Caleb Schlesinger>We issue parking penalty notices that we are gracious the city allows us to do, and working with the revenue department, which I think we've had 3 complaints get escalated that far this year, we resolve these things.

1358
02:40:13.905 --> 02:40:38.019
<v Caleb Schlesinger>So I'm not sure how much time this portion requires, but I think that there's a lot of burden being put on the operators, including costs that I haven't personally had time to even quantify with the signage changes as well As well as the required photography that's being, you know, put my— I have to train my staff on how to do it, when to do it, de-escalation, because that can be a contentious moment.

1359
02:40:38.629 --> 02:40:42.819
<v Caleb Schlesinger>I now have to do like almost a video around a car based on this.

1360
02:40:43.527 --> 02:40:46.449
<v Caleb Schlesinger>And there's just so many challenges that I don't think have been fully vetted.

1361
02:40:46.593 --> 02:41:02.953
<v Caleb Schlesinger>And if there's only 11 of us doing it, I think there could be some dedicated time with those 11 people to work through what the problems and challenges that need to be addressed I've worked and served on the city's parking planning commission before, and that was a great opportunity.

1362
02:41:03.033 --> 02:41:10.052
<v Caleb Schlesinger>We had, you know, multiple sessions to work through these things, and a lot of the changes were data-driven, which I don't think this so much is.

1363
02:41:10.790 --> 02:41:18.386
<v Caleb Schlesinger>And I am gracious and grateful that they did bring up the fact that the penalty fee, which is $44, hasn't gone up since 2011.

1364
02:41:18.801 --> 02:41:20.516
<v Caleb Schlesinger>So 15 years on that, and I would love to see that go up.

1365
02:41:20.581 --> 02:41:20.740
<v Caleb Schlesinger>Thank you.

1366
02:41:20.870 --> 02:41:30.139
<v Caleb Schlesinger>Get escalated as well to at least create some balance so that these additional fees and charges being passed on to me and my other operators can at least be somewhat recovered.

1367
02:41:30.204 --> 02:41:44.247
<v Caleb Schlesinger>Because our job isn't to go out there and find people violating, it's to protect private property, make sure that it's used by the intended user, which could be a clinic visiting, you know, patient visiting a clinic, and make sure that someone at the coffee shop isn't taking that parking spot.

1368
02:41:44.906 --> 02:41:49.784
<v Caleb Schlesinger>And that might be for a 20-stall facility which is being treated the same as a 200-stall facility.

1369
02:41:50.458 --> 02:41:58.890
<v Caleb Schlesinger>So I just think that the intent of this might be well driven, but there's just some work that could be done to, to really make this a better proposition to you all.

1370
02:41:59.354 --> 02:42:08.189
<v Caleb Schlesinger>And I think they've also written some stuff too, but I think that sufficiently covers my gist of my concern.

1371
02:42:08.253 --> 02:42:08.524
<v Caleb Schlesinger>On time.

1372
02:42:09.279 --> 02:42:09.534
<v Leila Taylor>Thank you.

1373
02:42:13.930 --> 02:42:15.439
<v Rebecca Dobert>Matthew, you can go ahead online.

1374
02:42:16.417 --> 02:42:19.100
<v Matthew Forgue>Thank you, Chair Kanal and members of the committee.

1375
02:42:19.164 --> 02:42:29.953
<v Matthew Forgue>First, my great appreciation to Councilor Novick and to your staff for responding quickly to my last-minute concerns about the secondhand dealer amendment language that I sent just yesterday.

1376
02:42:30.900 --> 02:42:33.807
<v Matthew Forgue>Second, I understand that there was a public comment period for this amendment.

1377
02:42:33.854 --> 02:42:35.734
<v Matthew Forgue>I apologize for not participating in that.

1378
02:42:35.845 --> 02:42:38.415
<v Matthew Forgue>We only became aware of the proposed amendment yesterday.

1379
02:42:39.699 --> 02:42:40.820
<v Matthew Forgue>My name is Matthew Forgue.

1380
02:42:40.981 --> 02:42:43.645
<v Matthew Forgue>I am the Director of Regulatory Affairs at EcoATM.

1381
02:42:44.511 --> 02:42:47.173
<v Matthew Forgue>EcoATM is a nationwide electronic recommerce company.

1382
02:42:47.815 --> 02:42:55.932
<v Matthew Forgue>We operate over 7,000 automated kiosks located inside retail storefronts around the country, including several here in the City of Portland.

1383
02:42:56.620 --> 02:43:01.336
<v Matthew Forgue>Our kiosks make it simple and convenient for consumers to sell unwanted electronic devices.

1384
02:43:01.770 --> 02:43:15.066
<v Matthew Forgue>This keeps devices out of the waste stream, provides cash to local communities, And gives consumers around the world access to used devices that they might not otherwise be able to afford if they were trying to buy those devices new.

1385
02:43:16.510 --> 02:43:19.844
<v Matthew Forgue>My appreciation again for the recent edits to the language of the amendment.

1386
02:43:19.893 --> 02:43:25.555
<v Matthew Forgue>Those edits would relieve the burden for our company of an overbroad definition of employees.

1387
02:43:26.468 --> 02:43:41.720
<v Matthew Forgue>However, I just want to point out that the updated version, which ties the personal background questionnaire to employees located within the City of Portland, done would still affect employees of businesses opening multiple locations within the city.

1388
02:43:41.800 --> 02:44:01.799
<v Matthew Forgue>So if you had a location with 20 employees and then you opened another location and you wanted to have 20 different employees in that location, a strict reading of the amendment language might require all 40 employees to be background checked under, uh, or for the application for the second location.

1389
02:44:03.411 --> 02:44:09.057
<v Matthew Forgue>So my suggestion would be to tie the language more closely to employees who work actually at the location being licensed.

1390
02:44:09.998 --> 02:44:14.015
<v Matthew Forgue>And with that, that's my only comment, and I thank you all very much for your time.

1391
02:44:17.852 --> 02:44:18.628
<v Rebecca Dobert>Kevin O'Connell.

1392
02:44:21.064 --> 02:44:22.015
<v Rebecca Dobert>That concludes testimony.

1393
02:44:24.220 --> 02:44:24.501
<v Sameer Kanal>Thank you.

1394
02:44:24.649 --> 02:44:25.935
<v Sameer Kanal>Thank you everyone for testifying.

1395
02:44:26.380 --> 02:44:27.288
<v Sameer Kanal>With that, we will open up public comment.

1396
02:44:27.536 --> 02:44:27.888
<v Sameer Kanal>The queue.

1397
02:44:28.176 --> 02:44:31.527
<v Sameer Kanal>Um, feel free to do questions or comments on it before we get to it.

1398
02:44:31.623 --> 02:44:33.210
<v Sameer Kanal>And I'm going to start with Council President Dunphy.

1399
02:44:33.724 --> 02:44:49.242
<v Sameer Kanal>I did want to note that, um, we can do 2 things at the end of this, um, to this end of this conversation, which may not occur today, but, um, we can move to refer them as a package, or if there's not consensus around all of them, uh, move on each one individually.

1400
02:44:49.818 --> 02:45:00.103
<v Sameer Kanal>Um, and it may be helpful if people have, as you're taking your time If you're not commenting on something because you don't have a concern about it, it might be worth raising, just noting that so we know where there's consensus and where there's not.

1401
02:45:00.825 --> 02:45:02.656
<v Sameer Kanal>Council President Dunphy, followed by Councilor Novick.

1402
02:45:02.752 --> 02:45:03.120
<v Jamie Dunphy>Thank you.

1403
02:45:03.168 --> 02:45:03.890
<v Sameer Kanal>I'll be very brief.

1404
02:45:04.100 --> 02:45:06.411
<v Jamie Dunphy>I'm generally supportive of all of these efforts.

1405
02:45:06.747 --> 02:45:16.411
<v Jamie Dunphy>I think all of this makes a lot of sense, and the effort to broadly try and update things that have been sort of lingering in revenue, you know, I helped lead the effort to overhaul the arts tax.

1406
02:45:16.539 --> 02:45:17.309
<v Jamie Dunphy>I'm glad for this.

1407
02:45:17.679 --> 02:45:18.369
<v Jamie Dunphy>This looks great.

1408
02:45:19.186 --> 02:45:21.611
<v Jamie Dunphy>My one thought that came to mind was around the park and pay component.

1409
02:45:24.436 --> 02:45:35.845
<v Jamie Dunphy>During the comprehensive 2030 or Comp Plan 2035 conversations, there were conversations by the then City Council about the hope to eventually get rid of surface parking lots in the downtown core.

1410
02:45:37.639 --> 02:45:45.592
<v Jamie Dunphy>And so I'm wondering, like, and additionally, I am dealing with some constituent services issues around the area of Burnside and Third.

1411
02:45:46.362 --> 02:45:57.772
<v Jamie Dunphy>Specifically, the owners of Dante's have reached out to me a couple of times, and there is a parking lot, a surface parking lot near Dante's that is too expensive for most people to— who go to Dante's to use.

1412
02:45:58.174 --> 02:46:00.924
<v Jamie Dunphy>There's no public nuisance containment options.

1413
02:46:01.213 --> 02:46:06.567
<v Jamie Dunphy>And so it has become a place where actual violence has been happening, not only to vehicles but to individuals.

1414
02:46:07.593 --> 02:46:23.228
<v Jamie Dunphy>And so I was wondering if there is an opportunity under this program to either have obligations for these property owners To have certain standards if they are going to be licensed to operate open parking lots in downtown core.

1415
02:46:23.780 --> 02:46:28.961
<v Jamie Dunphy>And the other question was around the fee structure that we are specifically charging to these folks.

1416
02:46:30.961 --> 02:46:38.177
<v Jamie Dunphy>I would like to see personally moving towards a variable fee structure based on the underlying FAR.

1417
02:46:38.790 --> 02:46:47.007
<v Jamie Dunphy>If a building— if a piece of land has a lot of value as a building, To the city, to the, you know, to us as a society.

1418
02:46:47.586 --> 02:46:50.317
<v Jamie Dunphy>We want to disincentivize that just being a parking lot.

1419
02:46:50.415 --> 02:46:51.877
<v Jamie Dunphy>There's some of those in Old Town.

1420
02:46:51.941 --> 02:46:57.051
<v Jamie Dunphy>There's some along the waterfront that I think are interesting.

1421
02:46:57.115 --> 02:47:03.710
<v Jamie Dunphy>But so, Councilor Novick, I guess to you, was there any conversation about variable fee structures on any of these?

1422
02:47:05.600 --> 02:47:06.698
<v Steve Novick>I don't think that there was.

1423
02:47:07.037 --> 02:47:22.516
<v Steve Novick>I think that a lot of I'll ask the revenue folks if this is true, but my assumption has been that the purpose of the fee structure is to cover the cost of regulatory activity, and to have fees based on FAR would sort of depart from that, that model.

1424
02:47:22.853 --> 02:47:26.810
<v Steve Novick>I understand the incentive desires, but I mean, revenue folks, is that true?

1425
02:47:27.645 --> 02:47:32.899
<v Tim Mercer>Basically, I think that's a fair statement, generally speaking.

1426
02:47:32.963 --> 02:47:39.944
<v Tim Mercer>Again, this is a one FTE program, You know, we're kind of in the game of trying to cover costs as best as possible.

1427
02:47:41.840 --> 02:47:53.524
<v Tim Mercer>So there's potential here to, I think, for council to, you know, under their purview, to kind of do some additional things with any of these programs.

1428
02:47:54.121 --> 02:47:57.637
<v Tim Mercer>However, just recognize that it is a 1 FTE program.

1429
02:47:58.372 --> 02:48:03.570
<v Tim Mercer>Any of those things that might come with additional work would be additional expense.

1430
02:48:03.635 --> 02:48:04.865
<v Jamie Dunphy>Yeah, it sounds like I'm asking for an upgrade and y'all are asking for a car.

1431
02:48:06.860 --> 02:48:13.860
<v Jamie Dunphy>Like, let's, let's get the car washed first, get our, you know, basic before we start eyeing those expensive upgrades.

1432
02:48:13.860 --> 02:48:18.079
<v Tim Mercer>Yeah, we're, we're, we're trying to empty the ashtray because it's, it's been filling up.

1433
02:48:18.079 --> 02:48:18.620
<v Jamie Dunphy>Fair enough.

1434
02:48:18.620 --> 02:48:19.340
<v Jamie Dunphy>Okay, thank you.

1435
02:48:19.340 --> 02:48:20.159
<v Sameer Kanal>Thank you, Chair.

1436
02:48:22.180 --> 02:48:23.600
<v Sameer Kanal>Thanks, Council President.

1437
02:48:23.600 --> 02:48:25.899
<v Sameer Kanal>Councilor Novick, and then Councilor Pirtle-Guiney.

1438
02:48:26.159 --> 02:48:26.819
<v Steve Novick>Thank you, Chair.

1439
02:48:26.819 --> 02:48:39.838
<v Steve Novick>I just, uh, wanted to give the revenue folks an opportunity to address the regulatory changes in the parking program that Mr. Schlesinger referenced and explain the rationale for the changes and signage requirements, et cetera, since we didn't really get into the details of that before?

1440
02:48:40.854 --> 02:48:43.968
<v Leila Taylor>The majority of the signage requirement changes are complaint-driven.

1441
02:48:45.135 --> 02:48:49.344
<v Leila Taylor>People indicating that they didn't see signs or that signs were not visible.

1442
02:48:50.951 --> 02:48:56.870
<v Leila Taylor>And so that's really largely driving the signage requirements.

1443
02:48:59.398 --> 02:49:01.293
<v Steve Novick>Can we go over what some of the changes are?

1444
02:49:01.628 --> 02:49:02.423
<v Steve Novick>This quickly.

1445
02:49:04.369 --> 02:49:04.888
<v Leila Taylor>Yes, absolutely.

1446
02:49:04.935 --> 02:49:05.584
<v Elana Pirtle-Guiney>Can you pull that?

1447
02:49:05.827 --> 02:49:07.012
<v Sameer Kanal>You have that.

1448
02:49:07.304 --> 02:49:08.958
<v Sameer Kanal>I don't know if I have the signed returns.

1449
02:49:11.790 --> 02:49:12.843
<v Danny Dacelle>I would need to just catch on.

1450
02:49:12.891 --> 02:49:14.627
<v Danny Dacelle>I can go through the slides here.

1451
02:49:16.489 --> 02:49:17.219
<v Sameer Kanal>I think I don't have pulled up.

1452
02:49:20.222 --> 02:49:20.770
<v Jonas Beery>I have them.

1453
02:49:21.414 --> 02:49:22.185
<v Stacy Jones>All right.

1454
02:49:23.586 --> 02:49:26.628
<v Danny Dacelle>Just minimum standards, but.

1455
02:49:27.486 --> 02:49:28.710
<v Sameer Kanal>I'm pulling it up.

1456
02:49:28.971 --> 02:49:29.217
<v Angelita Morillo>There we go.

1457
02:49:31.451 --> 02:49:32.111
<v Angelita Morillo>Okay.

1458
02:49:32.962 --> 02:49:55.442
<v Leila Taylor>Um, so looking at the signage requirements, um, specifically the ADA payment stickers, um, on ADA signs, that, uh, there is within the code— excuse me, uh, within the code there's a requirement that ADA signs have a sticker that says something to the effect of permit holders are responsible for payment but there's no size requirement.

1459
02:49:55.540 --> 02:50:05.441
<v Leila Taylor>And so often that sign or that sticker is— the letters are less than 1 inch high and they're very hard to see unless you're standing directly in front of it and, you know, leaning forward.

1460
02:50:05.570 --> 02:50:08.965
<v Leila Taylor>Or some of the signs are up high on a wall, and so they're very difficult to see.

1461
02:50:10.371 --> 02:50:27.436
<v Leila Taylor>Um, uh, uh, the no park— no pay, no park signage again is this is just complaint-driven, people not recognizing that if the payment machine doesn't accept payment, they think they can park there for free.

1462
02:50:27.759 --> 02:50:38.471
<v Leila Taylor>And there's no— so I am suggesting adding a note, if you are not able to make a payment, then you should not park sign.

1463
02:50:39.603 --> 02:50:40.703
<v Leila Taylor>Again, complaint-driven.

1464
02:50:42.837 --> 02:50:46.689
<v Leila Taylor>And then for the miscellaneous signage that's not specified in the code, just adding a minimum.

1465
02:50:46.900 --> 02:50:51.084
<v Leila Taylor>There are some signs that are required to be 7 inches tall or 3 inches tall.

1466
02:50:51.908 --> 02:50:57.217
<v Leila Taylor>And for the things that aren't specified, just adding that size requirement again for visibility and complaint-driven.

1467
02:50:58.750 --> 02:50:59.234
<v Steve Novick>Thank you.

1468
02:51:01.365 --> 02:51:01.543
<v Steve Novick>Great.

1469
02:51:01.754 --> 02:51:03.191
<v Sameer Kanal>Councilor Pirtle-Guiney, then Councilor Ryan.

1470
02:51:03.547 --> 02:51:04.709
<v Elana Pirtle-Guiney>Thank you, Chair.

1471
02:51:06.229 --> 02:51:18.584
<v Elana Pirtle-Guiney>Um, you all spoke a little bit to the, the why of rolling in the occasional secondhand dealers with the, the other folks and the fact that the cost of doing the work is the same.

1472
02:51:19.577 --> 02:51:21.836
<v Elana Pirtle-Guiney>Can you speak to the feedback you received on that though?

1473
02:51:21.902 --> 02:51:30.345
<v Elana Pirtle-Guiney>Because I'm guessing that there was some pushback since the revenue they received from operations for doing that work is presumably much lower.

1474
02:51:30.713 --> 02:51:40.856
<v Elana Pirtle-Guiney>What did we hear from that community and were we able to figure out something in what we have before us that works for both the occasional and the more full-time dealers?

1475
02:51:41.209 --> 02:51:42.730
<v Elana Pirtle-Guiney>Or did we end up with something where— I think we did.

1476
02:51:43.500 --> 02:51:46.436
<v Elana Pirtle-Guiney>It's likely going to be a controversial solution.

1477
02:51:47.938 --> 02:51:49.406
<v Tim Mercer>So we didn't hear a lot of feedback.

1478
02:51:49.486 --> 02:51:53.567
<v Tim Mercer>We heard from, I think, maybe 3-ish business owners.

1479
02:51:53.986 --> 02:51:55.551
<v Elana Pirtle-Guiney>Out of how many that we have registered?

1480
02:51:55.632 --> 02:51:56.293
<v Tim Mercer>I'm sorry, what?

1481
02:51:56.487 --> 02:51:57.987
<v Elana Pirtle-Guiney>3 out of how many that we have registered?

1482
02:51:58.037 --> 02:52:00.733
<v Elana Pirtle-Guiney>130-Ish.

1483
02:52:00.861 --> 02:52:02.396
<v Elana Pirtle-Guiney>130 occasionals or—.

1484
02:52:02.396 --> 02:52:03.816
<v Elana Pirtle-Guiney>Oh, I'm sorry, 34 occasionals.

1485
02:52:04.027 --> 02:52:05.109
<v Elana Pirtle-Guiney>3 out of 34 occasionals.

1486
02:52:05.959 --> 02:52:12.170
<v Tim Mercer>Well, uh, 3 total out of the $134 or whatever, $100 and what?

1487
02:52:13.090 --> 02:52:13.622
<v Tim Mercer>$30, $40.

1488
02:52:14.122 --> 02:52:15.123
<v Tim Mercer>Yeah.

1489
02:52:16.415 --> 02:52:24.134
<v Tim Mercer>So the general feedback about the pricing was just really about the price increase more than anything.

1490
02:52:24.454 --> 02:52:28.168
<v Tim Mercer>So, you know, the cost of doing business is going up all the time.

1491
02:52:29.683 --> 02:52:33.424
<v Tim Mercer>This feels like too big of a jump is what we heard from them.

1492
02:52:33.537 --> 02:52:52.236
<v Tim Mercer>So we tried to meet in the middle with, um, uh, that $450 price point, whereas we had planned a $600, um, price point, which the $600 is just the, the CPI increase since the fee was last, um, updated.

1493
02:52:52.894 --> 02:52:57.592
<v Tim Mercer>So we're— we were trying to, you know, feather that and, and thread the needle there a little bit.

1494
02:52:57.913 --> 02:53:08.191
<v Tim Mercer>Um, but we didn't hear, uh, correct me if I'm wrong, I don't think we heard from any occasional dealers that I want to keep paying the occasional dealer fee.

1495
02:53:08.432 --> 02:53:08.849
<v Tim Mercer>Is that true?

1496
02:53:10.131 --> 02:53:14.253
<v Tim Mercer>I think we just heard general feedback about— or did we hear from—.

1497
02:53:14.365 --> 02:53:19.064
<v Leila Taylor>We heard from— okay, an occasional dealer who did not agree with the fee increase.

1498
02:53:19.480 --> 02:53:28.701
<v Elana Pirtle-Guiney>Yeah, so we're essentially raising the occasionals to be at the level that the, um, the other dealers were previously.

1499
02:53:28.781 --> 02:53:30.209
<v Elana Pirtle-Guiney>We're not raising it for the other dealers.

1500
02:53:31.125 --> 02:53:33.983
<v Elana Pirtle-Guiney>We heard pushback about the extent of that fee increase.

1501
02:53:34.415 --> 02:53:40.117
<v Elana Pirtle-Guiney>Did we hear pushback though about regulating them together generally or just the extent of the fee increase?

1502
02:53:40.278 --> 02:53:41.594
<v Elana Pirtle-Guiney>Just the fee increase.

1503
02:53:42.269 --> 02:53:51.840
<v Elana Pirtle-Guiney>And that you didn't end up raising the total fee, just the fee for the occasionals in order to address that feedback that you had heard?

1504
02:53:52.065 --> 02:53:52.320
<v Leila Taylor>Correct.

1505
02:53:52.707 --> 02:53:53.028
<v Elana Pirtle-Guiney>Thank you.

1506
02:53:53.108 --> 02:53:53.718
<v Elana Pirtle-Guiney>I appreciate that.

1507
02:53:53.911 --> 02:53:54.328
<v Justin Holt>Yeah.

1508
02:53:55.275 --> 02:53:56.304
<v Sameer Kanal>Thank you, Councilor Pirtle-Guiney.

1509
02:53:56.415 --> 02:53:57.748
<v Sameer Kanal>Councilor Ryan's next in queue and then I'll follow.

1510
02:53:57.829 --> 02:53:59.564
<v Sameer Kanal>Finish the, the D2, I guess.

1511
02:53:59.628 --> 02:54:02.051
<v Dan Ryan>Okay, um, thank you, Chair.

1512
02:54:02.935 --> 02:54:11.911
<v Dan Ryan>I'm going to try to do your advice, which is, um, the tolerance of these changes, and if there's any that we think deserve more airtime than moving this along quickly.

1513
02:54:12.537 --> 02:54:18.140
<v Dan Ryan>Um, payday lenders, social games, amusement devices, uh, Councilor, those seem pretty easy to move along.

1514
02:54:19.056 --> 02:54:19.072
<v Dan Ryan>I—.

1515
02:54:19.458 --> 02:54:23.279
<v Dan Ryan>We were not suggesting any changes to third-party food platforms.

1516
02:54:24.259 --> 02:54:24.370
<v Kevin Matches>No.

1517
02:54:24.515 --> 02:54:24.595
<v Matthew Forgue>No.

1518
02:54:25.559 --> 02:54:25.880
<v Tim Mercer>That's great.

1519
02:54:25.945 --> 02:54:26.700
<v Dan Ryan>Just looked into.

1520
02:54:27.808 --> 02:54:28.066
<v Leila Taylor>Correct.

1521
02:54:28.129 --> 02:54:32.049
<v Leila Taylor>It's part of the suite of programs I oversee, and so we included it just as a—.

1522
02:54:32.226 --> 02:54:32.418
<v Danny Dacelle>Okay.

1523
02:54:32.467 --> 02:54:32.965
<v Danny Dacelle>As a review.

1524
02:54:33.013 --> 02:54:37.045
<v Dan Ryan>People go pick up your food so you can help them out, the local restaurants.

1525
02:54:38.088 --> 02:54:41.799
<v Dan Ryan>The one where I'm taking pause is the one that I mentioned earlier.

1526
02:54:41.863 --> 02:54:47.372
<v Dan Ryan>It's the pay and park, and there was some public process, and I appreciate the testimony.

1527
02:54:48.272 --> 02:54:49.621
<v Dan Ryan>And there's a couple things on this one.

1528
02:54:49.735 --> 02:54:58.933
<v Dan Ryan>One is when you listen to the storefront restaurants, especially in Pearl and Slabtown and such, they have a lot of issues with workforce.

1529
02:54:58.980 --> 02:55:06.717
<v Dan Ryan>It's difficult for their employees to find places to park, and many of them do need to rely on their car to get to those jobs.

1530
02:55:07.326 --> 02:55:18.959
<v Dan Ryan>So we have the— PBOT has a program with our parking lots in the hours, the swing shift hours, if you will, That's very accessible rates.

1531
02:55:19.672 --> 02:55:30.820
<v Dan Ryan>And so when we've— when I've had this socialized, this conversation, they said you'll have to talk to the private parking lot owners when you get into Pearl and Slabtown.

1532
02:55:30.870 --> 02:55:33.842
<v Dan Ryan>So I was hoping to have some dialogue about that.

1533
02:55:34.194 --> 02:55:36.255
<v Dan Ryan>So I just wanted to put that out there as another issue.

1534
02:55:38.304 --> 02:55:49.587
<v Dan Ryan>But I also recall when the mayor suggested meter rate increases in downtown and in these areas, there was a pretty big pushback.

1535
02:55:50.068 --> 02:55:53.788
<v Dan Ryan>So this would, of course, increase rates of parking.

1536
02:55:54.380 --> 02:56:00.938
<v Dan Ryan>And I'm not— I don't have my mind made up on what this is or what we do with it.

1537
02:56:01.274 --> 02:56:07.927
<v Dan Ryan>But of the ones presented today, it has more complexities, I think, is what I'm trying to get to, Councilor Novick.

1538
02:56:09.049 --> 02:56:09.915
<v Steve Novick>Mr. Chairman, may I respond?

1539
02:56:11.021 --> 02:56:11.101
<v Steve Novick>Yes.

1540
02:56:11.198 --> 02:56:18.667
<v Steve Novick>Um, I just want to say that the amounts that we're talking about here are quite small, and they just can't imagine they will significantly impact the cost of parking.

1541
02:56:18.781 --> 02:56:25.447
<v Steve Novick>You're talking about implementing a new operator application fee of $400, increasing the annual lot fee from $200 to $400.

1542
02:56:26.413 --> 02:56:31.753
<v Steve Novick>Um, I just don't see how that those small amounts could possibly affect the cost of parking overall.

1543
02:56:34.681 --> 02:56:46.063
<v Dan Ryan>And then also the other one that I don't have as much of an opinion that we should take more time with secondhand dealers, but I was just taken with the testimony and trying to get more information on that.

1544
02:56:46.816 --> 02:56:57.119
<v Dan Ryan>But I'm just— we're letting you know, with not having much time to be briefed on this, um, I wanted to offer the ones that I thought were really easy to move on and those that I thought deserved some more dialogue.

1545
02:56:57.568 --> 02:56:57.889
<v Dan Ryan>That's all.

1546
02:56:58.227 --> 02:56:58.434
<v Dan Ryan>Thanks.

1547
02:56:59.093 --> 02:57:00.361
<v Sameer Kanal>Thanks, Councilor Ryan.

1548
02:57:00.457 --> 02:57:11.726
<v Sameer Kanal>Uh, I'm next in the queue, um, and I agree completely with, uh, Councilor Ryan's assessment I have a request for a roll call vote on the 3 that I think are probably the ones I haven't heard anything about so far.

1549
02:57:11.790 --> 02:57:13.733
<v Sameer Kanal>Those are agenda items 4, 7, and 8.

1550
02:57:14.054 --> 02:57:23.879
<v Sameer Kanal>I'm noting that there was no testimony on any of the 3 of those, and that there was today, and that there was no public comment on 7 or 8 at all.

1551
02:57:24.458 --> 02:57:28.343
<v Sameer Kanal>So that's not the only reason, but that's a reason.

1552
02:57:28.424 --> 02:57:29.564
<v Sameer Kanal>So I'll raise that.

1553
02:57:29.692 --> 02:57:31.924
<v Sameer Kanal>I have a couple questions with relation to the parking one.

1554
02:57:31.988 --> 02:57:32.068
<v Sameer Kanal>Yes.

1555
02:57:32.927 --> 02:57:37.138
<v Sameer Kanal>That have similar— that relate to the testimony.

1556
02:57:37.202 --> 02:57:50.561
<v Sameer Kanal>I also am interested in making it easier to deal with people who park over the line in both privately held garages and lots as well as smart parks eventually.

1557
02:57:51.952 --> 02:58:04.006
<v Sameer Kanal>As an interim step towards firing giant pickups into the sun, I think we should do something to try and regulate yeah.

1558
02:58:04.929 --> 02:58:12.989
<v Sameer Kanal>That's being, you know, that's incorrect because someone's taking up more than one spot in a garage during an event or something like that.

1559
02:58:13.457 --> 02:58:15.488
<v Sameer Kanal>So that's of interest to me.

1560
02:58:16.352 --> 02:58:23.525
<v Sameer Kanal>Also, I have— I think those are things that may be easily navigable with conversation on that one.

1561
02:58:24.350 --> 02:58:31.497
<v Sameer Kanal>I have more concern about secondhand dealers with relation to the background check requirement and a few other things as well.

1562
02:58:31.903 --> 02:58:35.509
<v Sameer Kanal>I don't want to make it harder to operate a music instrument store in the city.

1563
02:58:35.849 --> 02:58:45.965
<v Sameer Kanal>I have a lot of time spent talking to folks who work there and have a lot of experience buying things at musical instrument stores in this town as well.

1564
02:58:46.691 --> 02:58:50.529
<v Sameer Kanal>So I definitely don't want to complicate that, and that's my entry point to it.

1565
02:58:50.662 --> 02:59:04.385
<v Sameer Kanal>But I'm also curious, have— has there been conversation or engagement with anyone who is in that category of people that would, um, would, uh, are currently not required to get a check but would be?

1566
02:59:04.865 --> 02:59:15.041
<v Sameer Kanal>That's— and then the other question I have is a process question, which is either way you answer this, Councilor Novick, it's still going to be first on the agenda next week, um, at our next meeting, I should say.

1567
02:59:15.540 --> 02:59:26.027
<v Sameer Kanal>But, um, is— would you like us to refer the things that are consensus Do you mind if those are separated, or would you prefer to have the conversation continue to next week?

1568
02:59:26.667 --> 02:59:28.351
<v Steve Novick>I would prefer to do everything all at once.

1569
02:59:28.606 --> 02:59:35.578
<v Steve Novick>I would note that it's the secondhand dealers and the parking facilities that take up the bulk of LILA's time.

1570
02:59:36.396 --> 02:59:44.522
<v Steve Novick>So if we're going to have a program that comes as close as possible to paying its expenses, then we should address those.

1571
02:59:45.210 --> 02:59:48.929
<v Sameer Kanal>Okay, so effectively separating them runs the risk of creating higher deficits in the future.

1572
02:59:49.041 --> 02:59:51.256
<v Sameer Kanal>In the program or changing it?

1573
02:59:52.075 --> 02:59:54.081
<v Sameer Kanal>And yeah, okay, fair enough.

1574
02:59:54.563 --> 03:00:00.227
<v Sameer Kanal>Um, but then I, I'd still ask my question about, um, have we talked to the folks that currently don't need a background check but would?

1575
03:00:01.014 --> 03:00:05.588
<v Steve Novick>I'll, I'll ask the team, but we've talked to the businesses that hire people.

1576
03:00:05.637 --> 03:00:13.292
<v Steve Novick>I don't know if we've like gone to people who are currently not listed as buyers but, um, but might have to have background checks.

1577
03:00:13.502 --> 03:00:16.726
<v Steve Novick>Um, that's can the team respond to that?

1578
03:00:17.688 --> 03:00:26.396
<v Tim Mercer>Yeah, we did outreach to business owners who are in the program, not specifically to employees of those businesses, if that's the question.

1579
03:00:26.974 --> 03:00:44.995
<v Sameer Kanal>Yeah, so my ultimate concern here is the idea of just for the privilege of having the job in any of these types of businesses, the idea that you'd have to give, not only give over all this information, To the police, but also have to pay for the privilege of doing that.

1580
03:00:45.416 --> 03:00:52.209
<v Sameer Kanal>That to me just seems like treating it like being a security guard or one of those other types of roles, which it's not.

1581
03:00:53.162 --> 03:01:06.575
<v Sameer Kanal>So having worked in a different type of retail, I can't imagine that it— but I sold watches, so it wasn't secondhand, but I sold watches, and I guarantee that that would have been a factor for me in taking on a role like that.

1582
03:01:06.623 --> 03:01:06.769
<v Sameer Kanal>Thank you.

1583
03:01:07.656 --> 03:01:10.879
<v Sameer Kanal>Um, so that's, that's sort of what's on my mind right now.

1584
03:01:11.056 --> 03:01:11.717
<v Sameer Kanal>Thanks.

1585
03:01:11.781 --> 03:01:13.118
<v Sameer Kanal>I'll pass it over to Councilor Zimmerman.

1586
03:01:14.115 --> 03:01:14.600
<v Eric Zimmerman>All right, thank you.

1587
03:01:15.325 --> 03:01:27.739
<v Eric Zimmerman>Uh, just a quick question in terms of, since these are fee increases, um, they're directly related to the cost of administering of the program?

1588
03:01:28.435 --> 03:01:29.505
<v Eric Zimmerman>Is that how I should understand them?

1589
03:01:30.435 --> 03:01:30.795
<v Danny Dacelle>Correct.

1590
03:01:31.904 --> 03:01:39.307
<v Tim Mercer>Uh, I mean maybe directly is a little bit too strong of a word.

1591
03:01:40.046 --> 03:01:50.876
<v Tim Mercer>I don't know that we know exactly the way the initial fee was come up with at the origin of these programs, which vary over many decades.

1592
03:01:52.112 --> 03:02:03.969
<v Tim Mercer>But what we did, what we're proposing in this package, is to basically take what the fee is and and multiply it by the CPI increase that's happened since the last time the fee was adjusted.

1593
03:02:05.111 --> 03:02:07.166
<v Eric Zimmerman>Sure, I see that.

1594
03:02:07.296 --> 03:02:15.136
<v Eric Zimmerman>I guess that's where I'm actually struggling a little bit because I saw that and I understand fees to really be related to program cost recovery.

1595
03:02:15.328 --> 03:02:16.501
<v Eric Zimmerman>Otherwise, they're taxes.

1596
03:02:16.838 --> 03:02:23.619
<v Eric Zimmerman>And so for some of these things, I have to always ask myself, what was the purpose of that fee, right?

1597
03:02:23.683 --> 03:02:30.166
<v Eric Zimmerman>It sounds like in the history of Portland, they've wanted to know about certain types of games that occur, know about certain types of lots that occur.

1598
03:02:30.343 --> 03:02:31.707
<v Eric Zimmerman>Okay.

1599
03:02:32.829 --> 03:02:38.781
<v Eric Zimmerman>I think I'm holding a different mindset of I'm not sure if that our knowledge is the thing that's important.

1600
03:02:38.845 --> 03:02:45.761
<v Eric Zimmerman>And and so if if knowledge of a place is the thing that's important, I'm not sure about the fee programmatic costs.

1601
03:02:45.841 --> 03:02:51.744
<v Eric Zimmerman>So I saw that inflationary stuff in some of the the documents.

1602
03:02:51.841 --> 03:02:51.936
<v Keelan McClymont>Yeah.

1603
03:02:52.547 --> 03:02:58.236
<v Eric Zimmerman>And I felt like, gosh, I don't know that that's directly related to cost recovery for implementing of whatever the program is.

1604
03:02:59.649 --> 03:03:11.155
<v Eric Zimmerman>So I'm struggling a little bit in that sense and certainly do believe that things have a way of trickling to the cost of parking.

1605
03:03:11.202 --> 03:03:16.522
<v Eric Zimmerman>And I go back to Councilor Ryan's comments a little bit.

1606
03:03:18.015 --> 03:03:20.842
<v Eric Zimmerman>$1.60 change is a small number.

1607
03:03:20.986 --> 03:03:27.954
<v Eric Zimmerman>$1.60 change per hour for an employee who is there having to do that multiple hours on a shift, these are real changes.

1608
03:03:28.003 --> 03:03:30.540
<v Eric Zimmerman>So I do think they have a way of trickling down.

1609
03:03:30.620 --> 03:03:37.283
<v Eric Zimmerman>But going, for instance, like from 500 to 1,000, it kind of seems like a revenue grab more than a programmatic need.

1610
03:03:37.459 --> 03:03:41.730
<v Eric Zimmerman>And that's where I'm struggling because I'm not sure if I'm in— if it's appropriate for a revenue grab.

1611
03:03:41.796 --> 03:03:43.802
<v Eric Zimmerman>But I'm digesting all this.

1612
03:03:44.027 --> 03:03:50.461
<v Eric Zimmerman>I know I had to step out for part of it, but I was also monitoring but I'm digesting this and we'll— I'm not quite sure where I'll go yet.

1613
03:03:50.541 --> 03:03:50.942
<v Eric Zimmerman>Thank you, Chair.

1614
03:03:51.327 --> 03:03:52.594
<v Sameer Kanal>Thank you, Councilor Zimmerman.

1615
03:03:52.963 --> 03:03:57.920
<v Sameer Kanal>So just programming note, we're going to hear from Councilor Novick and then we're going to continue the items to next week.

1616
03:03:58.561 --> 03:04:02.507
<v Sameer Kanal>Councilor Novick— or next meeting, I should say, of the committee.

1617
03:04:02.636 --> 03:04:04.095
<v Steve Novick>Councilor Novick.

1618
03:04:05.202 --> 03:04:24.363
<v Steve Novick>Yes, just to respond to Councilor Zimmerman, what we're— although there might not be like a precise, like, minute-by-minute calculation, it is a fact that Leela's time, the vast majority of her time, or the biggest chunk of it, goes to administering the parking and secondhand dealer programs.

1619
03:04:24.941 --> 03:04:37.898
<v Steve Novick>And the combination of these fee increases together and the elimination of the fee for the amusement devices would be to come somewhat closer to covering her, her, the personnel cost of her.

1620
03:04:38.524 --> 03:04:48.850
<v Steve Novick>So we're talking about a program that's administered by by one person, and we're going to have, you know, fees that add up to almost the cost of, you know, her annual costs.

1621
03:04:49.362 --> 03:04:57.150
<v Steve Novick>And again, I think that the difference that we didn't— I don't think that we had any of the parking permit people actually complain about the fees, did we?

1622
03:04:57.471 --> 03:05:00.940
<v Steve Novick>That none of them said this is going to raise the cost of parking, is that correct?

1623
03:05:01.406 --> 03:05:02.851
<v Leila Taylor>No, that is correct.

1624
03:05:03.075 --> 03:05:04.537
<v Danny Dacelle>We didn't hear that.

1625
03:05:07.568 --> 03:05:08.306
<v Sameer Kanal>Thank you.

1626
03:05:09.106 --> 03:05:10.422
<v Sameer Kanal>Okay, thank you.

1627
03:05:10.693 --> 03:05:12.569
<v Sameer Kanal>I'm seeing Councilor Pirtle-Guiney has a question.

1628
03:05:12.793 --> 03:05:16.849
<v Sameer Kanal>We're at 5, so if you could please be brief, um, or a comment, I'm not sure which.

1629
03:05:17.586 --> 03:05:17.763
<v Justin Holt>Yeah.

1630
03:05:18.147 --> 03:05:18.852
<v Elana Pirtle-Guiney>Thank you, Councilor.

1631
03:05:18.949 --> 03:05:54.663
<v Elana Pirtle-Guiney>I'm understanding that there's concerns about the policy changes for the pay and park by some folks within the community and possibly some of our colleagues up here, but I am wondering why you're holding this over when I think I've only heard 2 people express a desire to wait, and I haven't heard any concerns about the budgetary side, instead of perhaps amending out the policy pieces of Pay and Park to come back to that later and moving forward the other 4 items in full and the budgetary piece of Pay and Park.

1632
03:05:55.065 --> 03:05:59.784
<v Sameer Kanal>I think I'm going to let Councilor Novick speak to that because I— it was based on my question to him.

1633
03:06:00.507 --> 03:06:08.847
<v Elana Pirtle-Guiney>Or I should say perhaps just moving all of it forward, because I certainly haven't heard concerns from the bulk of our colleagues with moving anything forward.

1634
03:06:11.329 --> 03:06:20.808
<v Steve Novick>I'd be happy to move all of it forward with the caveat that we first— I'd have to get a vote on the amendment to the second-end dealer provision.

1635
03:06:22.370 --> 03:06:32.450
<v Steve Novick>But let's say not all of us are here, so I wonder if that yeah, I want to be respectful of the council—.

1636
03:06:33.132 --> 03:06:34.870
<v Sameer Kanal>The evening council meeting tonight.

1637
03:06:34.935 --> 03:06:37.273
<v Sameer Kanal>I would try to get done as quickly as possible.

1638
03:06:38.244 --> 03:06:48.641
<v Sameer Kanal>So recognizing that there are a lot of colleagues who haven't even gotten in the queue yet, and I don't want to assume that silence means support or opposition, there is no motion at this moment.

1639
03:06:49.224 --> 03:06:51.831
<v Sameer Kanal>So I'm going to pause and allow there to be a motion if someone would like to make one.

1640
03:06:51.911 --> 03:06:52.024
<v Elana Pirtle-Guiney>Second.

1641
03:06:53.980 --> 03:06:59.880
<v Sameer Kanal>And then if— but if not, you know, I don't want to run over because we're asking our staff to stay pretty late tonight.

1642
03:07:00.540 --> 03:07:08.025
<v Steve Novick>I would like, if I could, to quickly move the amendment that changes the reference to all employees to employees operating in the City of Portland.

1643
03:07:08.495 --> 03:07:09.109
<v Jamie Dunphy>Second.

1644
03:07:09.627 --> 03:07:13.666
<v Sameer Kanal>There's a motion to amend the third— I think it's number 6.

1645
03:07:14.620 --> 03:07:20.191
<v Sameer Kanal>Yeah, 2026-327 with the amendment that we have here.

1646
03:07:20.756 --> 03:07:23.559
<v Sameer Kanal>Clerk, do you— Clerk's Office have what they need for this one?

1647
03:07:24.300 --> 03:07:25.701
<v Sameer Kanal>There's a second from Councilor Dunphy.

1648
03:07:26.088 --> 03:07:27.844
<v Sameer Kanal>Is there any further discussion on the amendment?

1649
03:07:30.807 --> 03:07:32.843
<v Sameer Kanal>Seeing none, Rebecca, could you please call the roll on the amendment?

1650
03:07:33.327 --> 03:07:38.717
<v Rebecca Dobert>Motion to amend Exhibit A in 2026-327 as shown in Novick 1.

1651
03:07:39.297 --> 03:07:39.844
<v Rebecca Dobert>Koyama Lane?

1652
03:07:40.343 --> 03:07:40.391
<v Tiffany Koyama Lane>Aye.

1653
03:07:42.695 --> 03:07:43.083
<v Rebecca Dobert>Morillo?

1654
03:07:43.325 --> 03:07:43.711
<v Angelita Morillo>Absent.

1655
03:07:43.968 --> 03:07:44.324
<v Rebecca Dobert>Novick?

1656
03:07:44.935 --> 03:07:44.984
<v Steve Novick>Aye.

1657
03:07:46.064 --> 03:07:46.225
<v Rebecca Dobert>Clark?

1658
03:07:48.364 --> 03:07:48.494
<v Olivia Clark>Aye.

1659
03:07:49.236 --> 03:07:49.333
<v Danny Dacelle>Aye.

1660
03:07:49.542 --> 03:07:49.639
<v Mitch Green>Aye.

1661
03:07:50.527 --> 03:07:50.542
<v Sameer Kanal>Aye.

1662
03:07:51.639 --> 03:07:51.800
<v Sameer Kanal>Aye.

1663
03:07:52.447 --> 03:07:54.398
<v Rebecca Dobert>Absent.

1664
03:07:57.748 --> 03:07:57.878
<v Angelita Morillo>Aye.

1665
03:07:59.682 --> 03:07:59.843
<v Mitch Green>Aye.

1666
03:08:01.373 --> 03:08:01.422
<v Matthew Forgue>Aye.

1667
03:08:02.340 --> 03:08:04.467
<v Rebecca Dobert>And the amendment is approved with 10 aye and 2 absent.

1668
03:08:05.578 --> 03:08:14.299
<v Sameer Kanal>Okay, seeing no one else in the queue, I'm going to continue this item onto the— these 5 items onto the next meeting.

1669
03:08:14.525 --> 03:08:21.889
<v Sameer Kanal>And with that, we'll adjourn the meeting of the Committee of the Whole at 5:03 PM and look forward to seeing you at 6, uh, for the council meeting tonight.

1670
03:08:22.659 --> 03:08:22.924
<v Sameer Kanal>Thank you.

1671
03:08:23.048 --> 03:08:23.349
<v Rebecca Dobert>Thank you.

