{ "meetingId": "2026-10-01-1", "title": "Portland City Council PM Session 10/01/26", "displayTitle": "City Council · afternoon", "date": "2026-10-01T19:00:00-07:00", "duration": 180, "videoUrl": "https://www.youtube.com/watch?v=aGDk-rkdUis", "videoId": "aGDk-rkdUis", "agendaUrl": "https://www.portland.gov/council/agenda/2026/9/30", "agendaItems": [ { "number": 9, "title": "Adopt the Critical Energy Infrastructure Hub Policy Project to support public health and natural hazards risk reduction (amend Code Titles 33 and 24)", "type": "Ordinance", "url": "https://www.portland.gov/council/documents/ordinance/cei-hub-code" }, { "number": 10, "title": "Add Bulk Fuel Terminal Capacity Reduction Regulations Code to reduce Critical Energy Infrastructure Hub fuel storage by 2036 in support of hazard mitigation (add Code Chapter 17.112)", "type": "Ordinance", "url": "https://www.portland.gov/council/documents/ordinance/title-17-bulk-fuel-terminal-capacity-reduction-regulations" } ], "summary": "**Portland City Council deadlocked 6-6 and rejected a proposal to strip the aviation-fuel exemption from its plan to shrink fuel storage at the Critical Energy Infrastructure Hub ([02:34:02](meeting:2026-10-01-1@02:34:02)), while advancing the broader package of hub safety amendments it has worked on for years.**\n\nThe council spent the entire October 1 session on two ordinances tied to the CEI Hub in Linnton, the riverside complex that stores most of Oregon's liquid fuel in an earthquake-prone zone. Council President Jamie Dunphy (District 1) presided. Councilor Dan Ryan (District 2) said at the start that he was on \"family bereavement leave\" and would participate \"off camera,\" joining for the aviation fuel votes ([00:04:48](meeting:2026-10-01-1@00:04:48)).\n\n## Comprehensive plan and zoning amendments\n\nThe council first took up the comprehensive plan and Title 33 zoning changes (document 2026-311). Supervising Planner Tom Armstrong of the Bureau of Planning and Sustainability walked members through the amendments, which add new policy language on hazard risk, expand neighborhood notification, and collapse three types of discretionary land-use review into two: a storage tank replacement review and a capacity and transloading expansion review. New tanks would have to be built to risk category 4 seismic standards and set back at least 250 feet from the Willamette River. The amendment passed **12-0** ([01:16:54](meeting:2026-10-01-1@01:16:54)).\n\nCouncilor Steve Novick (District 3) pressed on whether requiring a lengthy Type 3 review before a company could replace a vulnerable tank with a sturdier one would slow seismic upgrades. \"I just don't see logically why we wouldn't have to want to have a speedier process for that,\" he said. Councilor Mitch Green (District 4), the lead sponsor, said community advocates \"want the most robust processes possible\" to build trust and gather data. Staff said a Type 3 review runs at most four months under the state's 120-day rule. Novick said he would have offered an amendment to downgrade the review but would not \"waste time in an 11 to 1 or 10 to 2 vote.\"\n\nCouncilor Eric Zimmerman (District 4) repeatedly asked BPS staff for a non-advocacy assessment of what the amendments gave up compared with the bureau's original package. Staff said the main loss was an automatic 20% capacity reduction that had been tied to transfers between terminals, replaced by a needs-based criterion. Councilor Loretta Smith (District 1) pushed the bureau to reach \"historically underserved communities,\" telling Director Eric Engstrom, \"Look around the room to see who's here and then look to see who's not here.\"\n\n## The aviation fuel fights\n\nGreen then moved a standalone amendment to remove the 5% aviation-fuel expansion allowance from the zoning code. \"I don't think it's credible to say that there's gonna be as much growth in aviation fuel as we see in the record,\" he said, arguing that higher fuel prices would push travelers to drive. It failed **5-7** ([01:30:29](meeting:2026-10-01-1@01:30:29)).\n\nOpponents raised the airport's economic weight and the risk that Salem would preempt the city. Dunphy said \"PDX is the largest single employer in District 1.\" Councilor Elana Pirtle-Guiney (District 2) cited \"2.5 million tons of goods moved through our airport\" and a short-term need for aviation storage. Ryan noted Travel Portland \"$4.5 million\" to secure nonstop PDX flights to Asia. Novick warned that \"industry folks are writing to legislators now saying that Portland is going to take away our fuel.\" Councilor Angelita Morillo (District 3), supporting the amendment, questioned whether sustainable aviation fuel is cleaner and noted international visits have dropped.\n\nThe same divide reappeared on the Title 17 package after the recess. Vice President Olivia Clark (District 4) moved to divide the question so the aviation-fuel exemption could be voted separately, calling the Port of Portland \"a good actor.\" On that split vote, the amendment to remove the exemption from Title 17 failed on a **6-6 tie** ([02:34:02](meeting:2026-10-01-1@02:34:02)); the remaining amendments passed **10-2**, with Zimmerman and Ryan opposed ([02:34:47](meeting:2026-10-01-1@02:34:47)).\n\n## Fuel reduction rules and penalties\n\nThe Title 17 ordinance (document 2026-312) sets a 20% reduction in hub storage by 2036 and requires terminals to report data by March 31, 2027, with staff bringing alternatives to council by September 1. Penalties run **$12,000 a day** for the first 30 days of a reporting violation and **$24,000 a day** after, plus 25 cents per gallon of fuel not reduced ([02:21:17](meeting:2026-10-01-1@02:21:17)).\n\nZimmerman challenged an amendment requiring the city administrator to \"impose\" penalties rather than the usual \"may,\" and asked what counts as a \"material fact.\" When Councilor Sameer Kanal (District 2) answered that \"must\" appears 706 times in Title 17, Zimmerman called the response \"a little silly\" because his question was about the penalty section specifically. Green said the mandatory language applies only to \"willful obfuscation.\" City Attorney Robert Taylor told the council the word gives the administrator no discretion to decline a penalty, \"but once that penalty, if it's challenged, and we're in a litigation posture, I think it's possible at that point to negotiate\" ([02:28:38](meeting:2026-10-01-1@02:28:38)). Novick, who worried the rule would force every case to court, drew agreement from sponsors that negotiation remained possible in litigation.\n\n## Novick's PCEF transportation proposal\n\nNovick moved an amendment to the ordinance findings committing the council to spend \"at least 40%\" of Portland Clean Energy Fund dollars on transportation in the next climate investment plan, arguing that cutting hub fuel without reducing demand \"look[s] silly.\" He said the current plan spends \"about 22%\" on transportation and more than half on buildings, and cited a poll he and Kanal ran of 500 clean-energy-fund priority-population residents. Several colleagues agreed with the goal but called the ordinance the wrong vehicle. Morillo said she would not \"put it in stone\" before community input; Pirtle-Guiney said she was \"uncomfortable going up to the 40% mark\" and floated 30%. Ryan, Zimmerman, and Clark backed it. The amendment was not voted — Dunphy gaveled the meeting out at 5:00 with members still in the queue ([02:58:56](meeting:2026-10-01-1@02:58:56)).\n\n## What's next\n\nItem 2026-311, the comprehensive plan and zoning ordinance, was continued to **November 5, 2026 at 2:00 PM**, when council will consider a revised ordinance with findings and conforming amendments ([01:31:01](meeting:2026-10-01-1@01:31:01)). Item 2026-312, the fuel-reduction ordinance, was continued to **October 7, 2026 at 10:00 AM**, where debate on Novick's transportation amendment will resume and the council will vote on the ordinance. The written and oral testimony records for both ordinances are closed, though council may reopen them.", "summaryText": "Portland City Council deadlocked 6-6 and rejected a proposal to strip the aviation-fuel exemption from its plan to shrink fuel storage at the Critical Energy Infrastructure Hub (02:34:02), while advancing the broader package of hub safety amendments it has worked on for years.\n\nThe council spent the entire October 1 session on two ordinances tied to the CEI Hub in Linnton, the riverside complex that stores most of Oregon's liquid fuel in an earthquake-prone zone. Council President Jamie Dunphy (District 1) presided. Councilor Dan Ryan (District 2) said at the start that he was on \"family bereavement leave\" and would participate \"off camera,\" joining for the aviation fuel votes (00:04:48).\n\nThe council first took up the comprehensive plan and Title 33 zoning changes (document 2026-311). Supervising Planner Tom Armstrong of the Bureau of Planning and Sustainability walked members through the amendments, which add new policy language on hazard risk, expand neighborhood notification, and collapse three types of discretionary land-use review into two: a storage tank replacement review and a capacity and transloading expansion review. New tanks would have to be built to risk category 4 seismic standards and set back at least 250 feet from the Willamette River. The amendment passed 12-0 (01:16:54).\n\nCouncilor Steve Novick (District 3) pressed on whether requiring a lengthy Type 3 review before a company could replace a vulnerable tank with a sturdier one would slow seismic upgrades. \"I just don't see logically why we wouldn't have to want to have a speedier process for that,\" he said. Councilor Mitch Green (District 4), the lead sponsor, said community advocates \"want the most robust processes possible\" to build trust and gather data. Staff said a Type 3 review runs at most four months under the state's 120-day rule. Novick said he would have offered an amendment to downgrade the review but would not \"waste time in an 11 to 1 or 10 to 2 vote.\"\n\nCouncilor Eric Zimmerman (District 4) repeatedly asked BPS staff for a non-advocacy assessment of what the amendments gave up compared with the bureau's original package. Staff said the main loss was an automatic 20% capacity reduction that had been tied to transfers between terminals, replaced by a needs-based criterion. Councilor Loretta Smith (District 1) pushed the bureau to reach \"historically underserved communities,\" telling Director Eric Engstrom, \"Look around the room to see who's here and then look to see who's not here.\"\n\nGreen then moved a standalone amendment to remove the 5% aviation-fuel expansion allowance from the zoning code. \"I don't think it's credible to say that there's gonna be as much growth in aviation fuel as we see in the record,\" he said, arguing that higher fuel prices would push travelers to drive. It failed 5-7 (01:30:29).\n\nOpponents raised the airport's economic weight and the risk that Salem would preempt the city. Dunphy said \"PDX is the largest single employer in District 1.\" Councilor Elana Pirtle-Guiney (District 2) cited \"2.5 million tons of goods moved through our airport\" and a short-term need for aviation storage. Ryan noted Travel Portland \"$4.5 million\" to secure nonstop PDX flights to Asia. Novick warned that \"industry folks are writing to legislators now saying that Portland is going to take away our fuel.\" Councilor Angelita Morillo (District 3), supporting the amendment, questioned whether sustainable aviation fuel is cleaner and noted international visits have dropped.\n\nThe same divide reappeared on the Title 17 package after the recess. Vice President Olivia Clark (District 4) moved to divide the question so the aviation-fuel exemption could be voted separately, calling the Port of Portland \"a good actor.\" On that split vote, the amendment to remove the exemption from Title 17 failed on a 6-6 tie (02:34:02); the remaining amendments passed 10-2, with Zimmerman and Ryan opposed (02:34:47).\n\nThe Title 17 ordinance (document 2026-312) sets a 20% reduction in hub storage by 2036 and requires terminals to report data by March 31, 2027, with staff bringing alternatives to council by September 1. Penalties run $12,000 a day for the first 30 days of a reporting violation and $24,000 a day after, plus 25 cents per gallon of fuel not reduced (02:21:17).\n\nZimmerman challenged an amendment requiring the city administrator to \"impose\" penalties rather than the usual \"may,\" and asked what counts as a \"material fact.\" When Councilor Sameer Kanal (District 2) answered that \"must\" appears 706 times in Title 17, Zimmerman called the response \"a little silly\" because his question was about the penalty section specifically. Green said the mandatory language applies only to \"willful obfuscation.\" City Attorney Robert Taylor told the council the word gives the administrator no discretion to decline a penalty, \"but once that penalty, if it's challenged, and we're in a litigation posture, I think it's possible at that point to negotiate\" (02:28:38). Novick, who worried the rule would force every case to court, drew agreement from sponsors that negotiation remained possible in litigation.\n\nNovick moved an amendment to the ordinance findings committing the council to spend \"at least 40%\" of Portland Clean Energy Fund dollars on transportation in the next climate investment plan, arguing that cutting hub fuel without reducing demand \"look[s] silly.\" He said the current plan spends \"about 22%\" on transportation and more than half on buildings, and cited a poll he and Kanal ran of 500 clean-energy-fund priority-population residents. Several colleagues agreed with the goal but called the ordinance the wrong vehicle. Morillo said she would not \"put it in stone\" before community input; Pirtle-Guiney said she was \"uncomfortable going up to the 40% mark\" and floated 30%. Ryan, Zimmerman, and Clark backed it. The amendment was not voted — Dunphy gaveled the meeting out at 5:00 with members still in the queue (02:58:56).\n\nItem 2026-311, the comprehensive plan and zoning ordinance, was continued to November 5, 2026 at 2:00 PM, when council will consider a revised ordinance with findings and conforming amendments (01:31:01). Item 2026-312, the fuel-reduction ordinance, was continued to October 7, 2026 at 10:00 AM, where debate on Novick's transportation amendment will resume and the council will vote on the ordinance. The written and oral testimony records for both ordinances are closed, though council may reopen them.", "summaryLede": "Portland City Council deadlocked 6-6 and rejected a proposal to strip the aviation-fuel exemption from its plan to shrink fuel storage at the Critical Energy Infrastructure Hub, while advancing the broader package of hub safety amendments it has worked on for years.", "sections": [ { "title": "Opening Remarks and Preliminaries", "startTime": "00:01:25.662", "endTime": "00:05:31.161", "items": [ { "title": "Call to Order and Procedural Remarks", "startTime": "00:01:25.662", "endTime": "00:05:31.161" } ] }, { "title": "Regular Agenda", "startTime": "00:05:31.161", "endTime": "02:59:43.059", "items": [ { "title": "Adopt the Critical Energy Infrastructure Hub Policy Project to support public health and natural hazards risk reduction (amend Code Titles 33 and 24)", "startTime": "00:05:31.161", "endTime": "01:31:56.800", "agendaItemNumber": 9 }, { "title": "Council Recess", "startTime": "01:31:56.800", "endTime": "01:47:25.603" }, { "title": "Add Bulk Fuel Terminal Capacity Reduction Regulations Code to reduce Critical Energy Infrastructure Hub fuel storage by 2036 in support of hazard mitigation (add Code Chapter 17.112)", "startTime": "01:47:25.603", "endTime": "02:59:43.059", "agendaItemNumber": 10 } ] } ], "cues": [ { "id": "cue-1", "start": 85.662, "end": 87.828, "text": "That's how she emails us.", "speaker": "Keelan McClymont" }, { "id": "cue-2", "start": 168.158, "end": 169.297, "text": "Good afternoon.", "speaker": "Jamie Dunphy" }, { "id": "cue-3", "start": 169.345, "end": 172.056, "text": "I'm calling to order this meeting of the Portland City Council.", "speaker": "Jamie Dunphy" }, { "id": "cue-4", "start": 172.793, "end": 176.161, "text": "It's 2:01 on Thursday, October 1st.", "speaker": "Jamie Dunphy" }, { "id": "cue-5", "start": 176.578, "end": 177.46, "text": "Keelan, can you please call the roll?", "speaker": "Jamie Dunphy" }, { "id": "cue-6", "start": 178.086, "end": 178.166, "text": "Yep.", "speaker": "Loretta Smith" }, { "id": "cue-7", "start": 178.326, "end": 178.856, "text": "Good afternoon.", "speaker": "Keelan McClymont" }, { "id": "cue-8", "start": 178.984, "end": 183.09, "text": "Just a quick note, we have updated the voting order just so everyone's aware.", "speaker": "Keelan McClymont" }, { "id": "cue-9", "start": 183.395, "end": 183.715, "text": "Clerk?", "speaker": "Keelan McClymont" }, { "id": "cue-10", "start": 184.196, "end": 186.009, "text": "New voting order, not me then.", "speaker": "Keelan McClymont" }, { "id": "cue-11", "start": 189.359, "end": 190.439, "text": "It's last quarter.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-12", "start": 190.503, "end": 191.373, "text": "Go with Q4.", "speaker": "Steve Novick" }, { "id": "cue-13", "start": 191.631, "end": 193.178, "text": "Let's go D4.", "speaker": "Eric Zimmerman" }, { "id": "cue-14", "start": 193.645, "end": 194.434, "text": "Clark, she called you.", "speaker": "Dan Ryan" }, { "id": "cue-15", "start": 194.756, "end": 195.9, "text": "All right, Clark.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-16", "start": 196.142, "end": 198.026, "text": "Oh, we said—.", "speaker": "Olivia Clark" }, { "id": "cue-17", "start": 198.075, "end": 199.202, "text": "Yeah, I'm sorry, is that Clark?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-18", "start": 199.428, "end": 200.894, "text": "Clark.", "speaker": "Keelan McClymont" }, { "id": "cue-19", "start": 201.2, "end": 201.796, "text": "All right, here.", "speaker": "Keelan McClymont" }, { "id": "cue-20", "start": 202.569, "end": 202.923, "text": "Thank you.", "speaker": "Keelan McClymont" }, { "id": "cue-21", "start": 202.988, "end": 203.197, "text": "Green.", "speaker": "Keelan McClymont" }, { "id": "cue-22", "start": 203.696, "end": 203.841, "text": "Here.", "speaker": "Mitch Green" }, { "id": "cue-23", "start": 204.212, "end": 204.647, "text": "Zimmerman.", "speaker": "Keelan McClymont" }, { "id": "cue-24", "start": 205.05, "end": 205.146, "text": "Here.", "speaker": "Eric Zimmerman" }, { "id": "cue-25", "start": 205.469, "end": 205.825, "text": "Avalos.", "speaker": "Keelan McClymont" }, { "id": "cue-26", "start": 206.535, "end": 207.1, "text": "Present.", "speaker": "Candace Avalos" }, { "id": "cue-27", "start": 207.584, "end": 207.875, "text": "Smith.", "speaker": "Keelan McClymont" }, { "id": "cue-28", "start": 210.636, "end": 210.846, "text": "Kanal.", "speaker": "Keelan McClymont" }, { "id": "cue-29", "start": 211.363, "end": 211.556, "text": "Here.", "speaker": "Sameer Kanal" }, { "id": "cue-30", "start": 215.174, "end": 216.351, "text": "Here.", "speaker": "Loretta Smith" }, { "id": "cue-31", "start": 217.045, "end": 219.174, "text": "Here.", "speaker": "Jamie Dunphy" }, { "id": "cue-32", "start": 220.4, "end": 220.464, "text": "Here.", "speaker": "Keelan McClymont" }, { "id": "cue-33", "start": 220.82, "end": 224.331, "text": "Good afternoon.", "speaker": "Jamie Dunphy" }, { "id": "cue-34", "start": 224.379, "end": 230.122, "text": "Welcome to the Portland City Council.", "speaker": "Robert Taylor" }, { "id": "cue-35", "start": 230.398, "end": 235.465, "text": "To testify before council in person or virtually, you must sign up in advance on the council agenda at www.portland.gov/council/agenda.", "speaker": "Robert Taylor" }, { "id": "cue-36", "start": 238.324, "end": 241.343, "text": "Information on engaging with the council can be found on the council clerk's webpage.", "speaker": "Robert Taylor" }, { "id": "cue-37", "start": 241.617, "end": 245.102, "text": "Individuals may testify for 3 minutes unless the presiding officer states otherwise.", "speaker": "Robert Taylor" }, { "id": "cue-38", "start": 245.15, "end": 247.158, "text": "Your microphone will be muted when your time is over.", "speaker": "Robert Taylor" }, { "id": "cue-39", "start": 247.801, "end": 249.263, "text": "The presiding officer preserves order.", "speaker": "Robert Taylor" }, { "id": "cue-40", "start": 249.327, "end": 256.764, "text": "Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, or interrupting others' testimony or council deliberations will not be allowed.", "speaker": "Robert Taylor" }, { "id": "cue-41", "start": 257.584, "end": 259.415, "text": "If you cause a disruption, a warning will be given.", "speaker": "Robert Taylor" }, { "id": "cue-42", "start": 259.527, "end": 262.226, "text": "Further disruption will result in an ejection from the meeting.", "speaker": "Robert Taylor" }, { "id": "cue-43", "start": 262.419, "end": 265.519, "text": "Anyone who fails to leave once ejected is subject to arrest for trespass.", "speaker": "Robert Taylor" }, { "id": "cue-44", "start": 265.728, "end": 268.57, "text": "Additionally, council may take a short recess and reconvene virtually.", "speaker": "Robert Taylor" }, { "id": "cue-45", "start": 269.308, "end": 271.315, "text": "Your testimony should address the matter being considered.", "speaker": "Robert Taylor" }, { "id": "cue-46", "start": 271.396, "end": 272.937, "text": "When testifying, state your name for the record.", "speaker": "Robert Taylor" }, { "id": "cue-47", "start": 273.017, "end": 274.318, "text": "Your address is not necessary.", "speaker": "Robert Taylor" }, { "id": "cue-48", "start": 274.382, "end": 276.71, "text": "If you're a lobbyist, identify the organization you represent.", "speaker": "Robert Taylor" }, { "id": "cue-49", "start": 276.871, "end": 279.761, "text": "Virtual testifiers should unmute themselves when the council clerk calls your name.", "speaker": "Robert Taylor" }, { "id": "cue-50", "start": 279.922, "end": 280.179, "text": "Thank you.", "speaker": "Unidentified speaker" }, { "id": "cue-51", "start": 280.805, "end": 281.624, "text": "Thank you very much, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-52", "start": 281.672, "end": 284.08, "text": "Before we get started, Councilor Ryan, I see your hand in the queue.", "speaker": "Jamie Dunphy" }, { "id": "cue-53", "start": 284.819, "end": 287.404, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-54", "start": 288.191, "end": 292.669, "text": "Hey, colleagues, I just want to say that That's an interesting background.", "speaker": "Dan Ryan" }, { "id": "cue-55", "start": 292.926, "end": 299.969, "text": "I just want to say that I'm on family bereavement leave, and I'll be limiting my public schedule this week.", "speaker": "Dan Ryan" }, { "id": "cue-56", "start": 300.851, "end": 308.728, "text": "This meeting is really important, and they're all important, but this one's been on our docket for some time, and I'll be listening off camera.", "speaker": "Dan Ryan" }, { "id": "cue-57", "start": 310.011, "end": 314.487, "text": "I might jump on when we're on discussing amendments, especially on aviation fuel.", "speaker": "Dan Ryan" }, { "id": "cue-58", "start": 315.289, "end": 327.537, "text": "And I also just want to say I I really thank you for respecting my privacy at this time, and a special thanks to those of you who have sent me private notes, and I really appreciate that.", "speaker": "Dan Ryan" }, { "id": "cue-59", "start": 327.732, "end": 328.266, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-60", "start": 328.832, "end": 329.69, "text": "Thank you, Councilor Ryan.", "speaker": "Jamie Dunphy" }, { "id": "cue-61", "start": 331.162, "end": 333.137, "text": "Okay, Keelan, we have 2 items on our agenda.", "speaker": "Jamie Dunphy" }, { "id": "cue-62", "start": 333.185, "end": 335.354, "text": "Can we please call items 9 and 10?", "speaker": "Jamie Dunphy" }, { "id": "cue-63", "start": 336.84, "end": 347.656, "text": "Item 9, document 2026-311, adopt the Critical Energy Infrastructure Hub Policy Project to support public health and natural hazards risk reduction, amend Code Titles 33 and 24.", "speaker": "Keelan McClymont" }, { "id": "cue-64", "start": 350.092, "end": 366.226, "text": "Item 10, document 2026-312, add bulk fuel terminal capacity reduction regulations code to reduce critical energy infrastructure hub fuel storage by 2036 in support of hazard mitigation, add code chapter 17.112.", "speaker": "Keelan McClymont" }, { "id": "cue-65", "start": 367.075, "end": 368.052, "text": "Thank you very much, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-66", "start": 368.1, "end": 383.2, "text": "This is a continued council meeting for item number 2026-311, the ordinance for the recommended draft of the CEI Hub policy project, and for item 2026-312, the ordinance for the Bulk fuel terminal capacity reduction regulations.", "speaker": "Jamie Dunphy" }, { "id": "cue-67", "start": 383.811, "end": 387.504, "text": "The legislative record for these ordinances is now closed.", "speaker": "Jamie Dunphy" }, { "id": "cue-68", "start": 388.227, "end": 394.956, "text": "Based on council deliberations on possible amendments, council may decide to reopen the record for oral or written testimony at a future meeting.", "speaker": "Jamie Dunphy" }, { "id": "cue-69", "start": 395.486, "end": 399.132, "text": "The purpose of today's meeting is to discuss proposed amendments to both ordinances.", "speaker": "Jamie Dunphy" }, { "id": "cue-70", "start": 399.967, "end": 412.237, "text": "For the purposes of structuring the discussion, colleagues, I'd like to start with document 2026-311, the ordinance for the comprehensive plan policy amendments and the Title 33 zoning Code and Title 24 Building Code amendments.", "speaker": "Jamie Dunphy" }, { "id": "cue-71", "start": 412.895, "end": 416.17, "text": "We will only consider this item today and return next week for the other.", "speaker": "Jamie Dunphy" }, { "id": "cue-72", "start": 416.989, "end": 423.99, "text": "To help us know what we're doing, Planning and Sustainability staff have prepared a slide deck and a brief presentation summarizing the amendments that have been proposed.", "speaker": "Jamie Dunphy" }, { "id": "cue-73", "start": 424.054, "end": 427.137, "text": "We have with us staff from Planning and Sustainability.", "speaker": "Jamie Dunphy" }, { "id": "cue-74", "start": 427.185, "end": 427.651, "text": "Come on up.", "speaker": "Jamie Dunphy" }, { "id": "cue-75", "start": 428.47, "end": 434.025, "text": "Director Eric Engstrom, Supervising Planner Tom Armstrong, and Patricia Diffenderfer, Chief Planner from BPS.", "speaker": "Jamie Dunphy" }, { "id": "cue-76", "start": 434.09, "end": 434.298, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-77", "start": 439.23, "end": 439.91, "text": "Good afternoon.", "speaker": "Eric Kingstrom" }, { "id": "cue-78", "start": 440.769, "end": 445.399, "text": "Um, for the record, Eric Kingstrom, Director of BPS, um, and I'll turn it over to staff.", "speaker": "Eric Kingstrom" }, { "id": "cue-79", "start": 446.82, "end": 449.237, "text": "Good afternoon, Patricia Diefendorfer, Chief Planner, BPS.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-80", "start": 450.301, "end": 453.701, "text": "Good afternoon, Tom Armstrong, Supervising Planner at BPS.", "speaker": "Tom Armstrong" }, { "id": "cue-81", "start": 455.378, "end": 455.798, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-82", "start": 456.671, "end": 462.264, "text": "I understand you all have a little show us and help us, help us all get caught up to what it is we're Talking about today.", "speaker": "Jamie Dunphy" }, { "id": "cue-83", "start": 462.766, "end": 469.14, "text": "Yeah, there we go.", "speaker": "Tom Armstrong" }, { "id": "cue-84", "start": 504.332, "end": 505.408, "text": "All right, there we go.", "speaker": "Tom Armstrong" }, { "id": "cue-85", "start": 508.761, "end": 518.034, "text": "Okay, I'm not sure how you want to run this meeting, but, um, so As was read out, there are 2 ordinances before you.", "speaker": "Tom Armstrong" }, { "id": "cue-86", "start": 519.791, "end": 529.293, "text": "We have the legislative record for both ordinances, and as the council president said, the record is now closed for the time being.", "speaker": "Tom Armstrong" }, { "id": "cue-87", "start": 531.474, "end": 549.062, "text": "Starting with the comprehensive plan amendments, mainly these amendments to the policy language are in the Green, Pirtle, Guinea, Kanal, Clark, Koyama, Lane 2 amendments that were posted today.", "speaker": "Tom Armstrong" }, { "id": "cue-88", "start": 549.912, "end": 562.309, "text": "And we have slides that can go through each of these, however you like to handle the discussion on this portion of the Green 2 amendments.", "speaker": "Tom Armstrong" }, { "id": "cue-89", "start": 562.502, "end": 563.159, "text": "Awesome, thanks, Tom.", "speaker": "Jamie Dunphy" }, { "id": "cue-90", "start": 563.288, "end": 568.516, "text": "I would love it if you could summarize the comprehensive plan and the Title 33 amendments just so we're all clear on what we're talking about here.", "speaker": "Jamie Dunphy" }, { "id": "cue-91", "start": 569.222, "end": 589.008, "text": "Yeah, so, The comprehensive plan policy amendments we make, the Planning Commission has recommended 2 changes to the existing policies and then a new policy, Policy 383, that is specific to the CI Hub.", "speaker": "Tom Armstrong" }, { "id": "cue-92", "start": 589.411, "end": 599.883, "text": "And that policy has a number of subpolicies that address the wide range of issues from seismic upgrades to economic significance to environmental protection.", "speaker": "Tom Armstrong" }, { "id": "cue-93", "start": 600.751, "end": 618.914, "text": "As a result of the public hearing and, and back and forth, um, there's been proposed, uh, changes to some of those policies, not all of those policies, wordsmithing of those policy, um, documents, and, and including one new sub-policy around risk reduction.", "speaker": "Tom Armstrong" }, { "id": "cue-94", "start": 622.226, "end": 622.906, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-95", "start": 625.789, "end": 628.705, "text": "Is this a— do you go further into it past this point?", "speaker": "Jamie Dunphy" }, { "id": "cue-96", "start": 630.005, "end": 648.062, "text": "Yeah, so the first policy is to actually include some introductory language that really provides a little bit more context in where the policies appear in the comprehensive plan around the CI Hub.", "speaker": "Tom Armstrong" }, { "id": "cue-97", "start": 649.128, "end": 672.803, "text": "And we have, you know, this language really explains why the CI Hub is so important Both in terms of supplying the state's liquid fuel, but as well as the risks that it faces and the need for sort of continued collaboration to address the emergency preparedness issues.", "speaker": "Tom Armstrong" }, { "id": "cue-98", "start": 674.73, "end": 680.668, "text": "Then again, for Policy 372, this is one of the existing policies.", "speaker": "Tom Armstrong" }, { "id": "cue-99", "start": 682.585, "end": 707.756, "text": "You know, the— what you see here at the end in blue is the Added language that really brings in that importance of safety and resilience, that sort of, that what we're trying to do here, the balancing of the economic significance of the hub and the area, as well as the risks that it faces.", "speaker": "Tom Armstrong" }, { "id": "cue-100", "start": 709.479, "end": 713.427, "text": "Then in terms of the sub-policies, again, there's some wordsmithing here.", "speaker": "Tom Armstrong" }, { "id": "cue-101", "start": 713.797, "end": 723.916, "text": "Policy 383B has been expanded to acknowledge Other natural hazards that the hub faces, such as fires, landslides, and floods.", "speaker": "Tom Armstrong" }, { "id": "cue-102", "start": 725.486, "end": 737.794, "text": "The economic significant policy, again, has sort of brought in the importance of finding alternative locations for these facilities.", "speaker": "Tom Armstrong" }, { "id": "cue-103", "start": 737.842, "end": 743.065, "text": "Again, that's, you know, alternative locations outside of the City of Portland.", "speaker": "Tom Armstrong" }, { "id": "cue-104", "start": 744.33, "end": 747.725, "text": "There's not really a safer location in Portland for these facilities.", "speaker": "Tom Armstrong" }, { "id": "cue-105", "start": 747.774, "end": 747.955, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-106", "start": 750.005, "end": 750.502, "text": "Thank you.", "speaker": "Tom Armstrong" }, { "id": "cue-107", "start": 750.807, "end": 761.282, "text": "Policy 383D, again, sort of strengthens the verb, you know, a more active verb around protect air and water quality.", "speaker": "Tom Armstrong" }, { "id": "cue-108", "start": 762.662, "end": 779.089, "text": "And that bringing in, especially acknowledging the role that tribal nations can play in, you know, helping to protect the air and water quality resources and the prompting for coordinated planning.", "speaker": "Tom Armstrong" }, { "id": "cue-109", "start": 780.163, "end": 799.681, "text": "Similar, a change to the energy transition subpolicy, again, bringing in tribal nations into that mix of local, state, and federal jurisdictions, as well as a change in reference from a low-carbon economy to a decarbonized economy.", "speaker": "Tom Armstrong" }, { "id": "cue-110", "start": 799.777, "end": 809.337, "text": "Again, sort of reflecting the larger climate goals When it comes to the energy transition.", "speaker": "Tom Armstrong" }, { "id": "cue-111", "start": 811.878, "end": 813.334, "text": "Community resilience.", "speaker": "Tom Armstrong" }, { "id": "cue-112", "start": 813.722, "end": 836.199, "text": "Again, this really speaks sort of beyond zoning code and development regulations, but to really the importance of the need for funding for further risk mitigation of the dangers Imposed by the natural hazards in this area.", "speaker": "Tom Armstrong" }, { "id": "cue-113", "start": 837.243, "end": 855.836, "text": "And then, and along a similar line, there's a new policy around risk reduction and again, a prompt to identify more strategies to mitigate the risk to the community and the environment and the economic health that—.", "speaker": "Tom Armstrong" }, { "id": "cue-114", "start": 856.029, "end": 856.398, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-115", "start": 856.72, "end": 861.308, "text": "That comes from concentrating all of these facilities at the CI Hub.", "speaker": "Tom Armstrong" }, { "id": "cue-116", "start": 862.875, "end": 868.131, "text": "That is the suite of policy changes in, um, what I'll call Green 2.", "speaker": "Tom Armstrong" }, { "id": "cue-117", "start": 869.038, "end": 869.685, "text": "Thank you very much.", "speaker": "Jamie Dunphy" }, { "id": "cue-118", "start": 869.782, "end": 879.235, "text": "I'd like to turn to, uh, Councilors Green, Pirtle-Guiney, Kanal, Clark, and/or Koyama Lane to see if there's further conversation about this or to move into a formal motion.", "speaker": "Jamie Dunphy" }, { "id": "cue-119", "start": 880.096, "end": 880.772, "text": "Yeah, Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-120", "start": 880.853, "end": 881.771, "text": "I'll just jump right in.", "speaker": "Mitch Green" }, { "id": "cue-121", "start": 881.948, "end": 885.683, "text": "Um, thank you so much, Council President, and thank you, Tom, for, uh, summarizing.", "speaker": "Mitch Green" }, { "id": "cue-122", "start": 885.731, "end": 892.977, "text": "And again, I cannot For anyone watching this, I cannot stress enough how responsive BPS has been to us during this process.", "speaker": "Mitch Green" }, { "id": "cue-123", "start": 893.042, "end": 899.719, "text": "We've churned, I don't know how many, 3 iterations at least, and you all have other planned work.", "speaker": "Mitch Green" }, { "id": "cue-124", "start": 900.122, "end": 908.697, "text": "And it just, it's a testament to your commitment to this style of policymaking that is responsive to the community.", "speaker": "Mitch Green" }, { "id": "cue-125", "start": 908.876, "end": 910.099, "text": "And they hear it and they feel it.", "speaker": "Mitch Green" }, { "id": "cue-126", "start": 910.164, "end": 910.669, "text": "So thank you.", "speaker": "Mitch Green" }, { "id": "cue-127", "start": 912.22, "end": 925.643, "text": "Just broadly, you know, we've organized this as, It is one big amendment, and what we've seen on the screen so far, the 8 different amendments, sub-amendments that are, uh, speaking to the comprehensive plan.", "speaker": "Mitch Green" }, { "id": "cue-128", "start": 925.691, "end": 931.397, "text": "So I— do you want me to just to talk about the comp plan part first, or do you want me to just talk about the global suite of things?", "speaker": "Mitch Green" }, { "id": "cue-129", "start": 931.51, "end": 932.75, "text": "Go ahead and talk about the global suite of things.", "speaker": "Jamie Dunphy" }, { "id": "cue-130", "start": 932.799, "end": 933.024, "text": "That's fine.", "speaker": "Steve Novick" }, { "id": "cue-131", "start": 933.202, "end": 953.234, "text": "Okay, so just, just to set the stage here, colleagues, um, you know, development happens I studied this in my dissertation, and then, you know, what you see for the city of Portland is development occurs along the river.", "speaker": "Mitch Green" }, { "id": "cue-132", "start": 954.317, "end": 964.87, "text": "It recurs— it occurs with railroads and utilities, and all of the investment that engenders creates jobs, it creates growth and all that, but it creates— also impacts the communities.", "speaker": "Mitch Green" }, { "id": "cue-133", "start": 965.692, "end": 969.016, "text": "And I think one of the takeaways from doing that work is Councilor Smith.", "speaker": "Mitch Green" }, { "id": "cue-134", "start": 969.081, "end": 973.226, "text": "I think the challenge is recognizing that while development is cumulative, it's not inevitable where it goes.", "speaker": "Mitch Green" }, { "id": "cue-135", "start": 973.968, "end": 985.105, "text": "And how you steer that and how you change that depends upon how municipalities and governments structure their regulatory apparatus and how you engage in politics.", "speaker": "Mitch Green" }, { "id": "cue-136", "start": 985.17, "end": 1009.896, "text": "And so this is an area I've been watching from the outside looking in, not as a person who lived adjacent to the CEI hub, but seeing that it was a big point of energy in the city of Portland and seeing, you know, community advocates take a deep interest and become land use experts and sort of try to find champions to take this work up.", "speaker": "Mitch Green" }, { "id": "cue-137", "start": 1010.121, "end": 1019.805, "text": "And then seeing in this post-charter reform world where councilors and staff are in community conversation with them, and I think that's a really beautiful thing.", "speaker": "Mitch Green" }, { "id": "cue-138", "start": 1020.801, "end": 1050.375, "text": "And so I think what I— what we have here, what we're moving what we'll get into the details here in a second on is, is a collective effort by a range of councilors who recognize that we're not solving all the problems at the hub in this one action, but we have an opportunity to significantly improve both the safety at the hub as well as our commitment to environmental sort of climate goals while modeling how you do community-driven policymaking.", "speaker": "Mitch Green" }, { "id": "cue-139", "start": 1050.552, "end": 1060.728, "text": "And so there might be some pieces that are missed, there might be some differences of opinion, but this is how legislative stuff works when you try to find compromise to move the needle forward together.", "speaker": "Mitch Green" }, { "id": "cue-140", "start": 1060.779, "end": 1061.782, "text": "And so I'm proud of the work.", "speaker": "Mitch Green" }, { "id": "cue-141", "start": 1062.952, "end": 1073.962, "text": "But broadly, I would say that I am formally going to move this, which also contains a number of amendments for the Title 33 zoning code as well.", "speaker": "Mitch Green" }, { "id": "cue-142", "start": 1074.303, "end": 1075.862, "text": "And so do we want to—.", "speaker": "Mitch Green" }, { "id": "cue-143", "start": 1075.927, "end": 1076.057, "text": "Second.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-144", "start": 1076.823, "end": 1077.945, "text": "Then jump into that, or do—.", "speaker": "Mitch Green" }, { "id": "cue-145", "start": 1078.282, "end": 1078.426, "text": "Okay.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-146", "start": 1078.971, "end": 1079.837, "text": "I second.", "speaker": "Olivia Clark" }, { "id": "cue-147", "start": 1080.109, "end": 1082.289, "text": "Councilor Green moves, Council Vice President Clark seconds.", "speaker": "Jamie Dunphy" }, { "id": "cue-148", "start": 1083.636, "end": 1085.736, "text": "Colleagues, we are now in discussion of the amendment.", "speaker": "Jamie Dunphy" }, { "id": "cue-149", "start": 1085.8, "end": 1086.874, "text": "And Councilor Green, you still have the floor.", "speaker": "Jamie Dunphy" }, { "id": "cue-150", "start": 1087.644, "end": 1090.561, "text": "Yeah, um, do you have slides for the Title 33 stuff?", "speaker": "Mitch Green" }, { "id": "cue-151", "start": 1091.01, "end": 1093.864, "text": "Maybe that, that's the easiest way to do it so everyone can see visually.", "speaker": "Mitch Green" }, { "id": "cue-152", "start": 1095.162, "end": 1098.224, "text": "Um, Tom, do you mind doing the—.", "speaker": "Mitch Green" }, { "id": "cue-153", "start": 1098.561, "end": 1098.705, "text": "Sure.", "speaker": "Tom Armstrong" }, { "id": "cue-154", "start": 1099.17, "end": 1099.699, "text": "Okay, thanks.", "speaker": "Mitch Green" }, { "id": "cue-155", "start": 1100.533, "end": 1109.372, "text": "So, um, Amendment 9 in the document, there's some changes to the neighborhood contact requirements.", "speaker": "Tom Armstrong" }, { "id": "cue-156", "start": 1109.452, "end": 1120.409, "text": "And, you know, this is designed to have advance notice to the surrounding neighborhoods of an incoming development application.", "speaker": "Tom Armstrong" }, { "id": "cue-157", "start": 1121.725, "end": 1132.798, "text": "And so these amendments expand the number of neighborhoods and, and Education institutions that will get those notices.", "speaker": "Tom Armstrong" }, { "id": "cue-158", "start": 1134.35, "end": 1144.691, "text": "It also requires an ad to be published in a newspaper that is broadly distributed in the neighborhoods that receive that notice.", "speaker": "Tom Armstrong" }, { "id": "cue-159", "start": 1146.79, "end": 1152.556, "text": "And generally, this requirement is just to create awareness of a development activity.", "speaker": "Tom Armstrong" }, { "id": "cue-160", "start": 1152.621, "end": 1152.767, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-161", "start": 1155.985, "end": 1179.102, "text": "And this is, you know, for all types of activity that we're expecting to occur out at these hubs as part of the implementation of their state-required seismic stability programs, the risk mitigation implementation plans that are expected to occur over the next 10 or so years.", "speaker": "Tom Armstrong" }, { "id": "cue-162", "start": 1180.001, "end": 1180.387, "text": "And this—.", "speaker": "Tom Armstrong" }, { "id": "cue-163", "start": 1180.531, "end": 1180.869, "text": "20 Years.", "speaker": "Mitch Green" }, { "id": "cue-164", "start": 1181.11, "end": 1181.562, "text": "Councilmember Herbold.", "speaker": "Robert Taylor" }, { "id": "cue-165", "start": 1181.626, "end": 1181.82, "text": "Thank you, Mayor.", "speaker": "Tom Armstrong" }, { "id": "cue-166", "start": 1181.868, "end": 1194.568, "text": "This covers when they're building new structures or storage tanks to replace the existing ones, or the demolition of an existing one, or an alteration to the transloading facility.", "speaker": "Tom Armstrong" }, { "id": "cue-167", "start": 1196.67, "end": 1213.339, "text": "In addition to that, this is also expanded to the neighborhood contact requirement in cases where A terminal is coming through one of the Type 3 reviews.", "speaker": "Tom Armstrong" }, { "id": "cue-168", "start": 1215.05, "end": 1231.621, "text": "And so what it requires is that before a terminal applies for one of those reviews, they have to have this neighborhood contact requirement, which is sending a letter, notifying the surrounding neighborhoods, holding a meeting to talk about what the proposal will be.", "speaker": "Tom Armstrong" }, { "id": "cue-169", "start": 1232.347, "end": 1233.428, "text": "And then when that—.", "speaker": "Tom Armstrong" }, { "id": "cue-170", "start": 1233.428, "end": 1233.863, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-171", "start": 1235.268, "end": 1249.763, "text": "When they actually make the formal application to permitting and development, as part of the checklist of application materials, they have to show that they've satisfied the requirements of this neighborhood requirement, contact requirement.", "speaker": "Tom Armstrong" }, { "id": "cue-172", "start": 1251.314, "end": 1257.916, "text": "The second amendment, Amendment 10, addresses those Type 3 reviews.", "speaker": "Tom Armstrong" }, { "id": "cue-173", "start": 1258.578, "end": 1277.073, "text": "And currently in the recommended code package, there are 3 different One for new transloading facilities, one for transferring capacity between terminals, and one for the aviation fuel storage expansion review.", "speaker": "Tom Armstrong" }, { "id": "cue-174", "start": 1278.037, "end": 1285.814, "text": "Under this amendment, those 3 reviews are deleted and replaced by 2 reviews.", "speaker": "Tom Armstrong" }, { "id": "cue-175", "start": 1286.746, "end": 1291.08, "text": "The first is a study of the Storage tank replacement review.", "speaker": "Tom Armstrong" }, { "id": "cue-176", "start": 1291.705, "end": 1297.377, "text": "And then the second one is a capacity and transloading expansion review.", "speaker": "Tom Armstrong" }, { "id": "cue-177", "start": 1298.595, "end": 1310.436, "text": "So the replacement review, again, sort of kicks in when a terminal is going through, is implementing their state-required RMIP process.", "speaker": "Tom Armstrong" }, { "id": "cue-178", "start": 1310.533, "end": 1316.237, "text": "So they're making seismic upgrades and they decide that they're going to replace a tank.", "speaker": "Tom Armstrong" }, { "id": "cue-179", "start": 1317.91, "end": 1323.915, "text": "Before they can get a building permit for that tank replacement, they need to go through this Type 3 process.", "speaker": "Tom Armstrong" }, { "id": "cue-180", "start": 1326.486, "end": 1340.847, "text": "And the approval criteria is such that, you know, importantly, that the replacement tank or tanks, the total capacity is not more than what they are replacing.", "speaker": "Tom Armstrong" }, { "id": "cue-181", "start": 1342.25, "end": 1343.968, "text": "The replacement tank is Okay.", "speaker": "Tom Armstrong" }, { "id": "cue-182", "start": 1344.112, "end": 1366.559, "text": "That the replacement tank or tanks are built to risk category 4, and that, you know, they show that they're in compliance with their DEQ risk mitigation implementation plan, that the location of the replacement tank or tanks are— have either the same or lower seismic risks associated.", "speaker": "Tom Armstrong" }, { "id": "cue-183", "start": 1366.976, "end": 1370.235, "text": "So sometimes they're replacing it in the same place.", "speaker": "Tom Armstrong" }, { "id": "cue-184", "start": 1370.862, "end": 1372.082, "text": "Sometimes they're moving it.", "speaker": "Tom Armstrong" }, { "id": "cue-185", "start": 1372.194, "end": 1375.229, "text": "We want them to move it essentially away from the river.", "speaker": "Tom Armstrong" }, { "id": "cue-186", "start": 1375.695, "end": 1376.273, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-187", "start": 1377.381, "end": 1383.209, "text": "To a place that in theory has lower liquefaction risks.", "speaker": "Tom Armstrong" }, { "id": "cue-188", "start": 1384.654, "end": 1398.527, "text": "And that they post a performance bond, again, that once they're done with the replacement, that we ensure that the old tank is demolished.", "speaker": "Tom Armstrong" }, { "id": "cue-189", "start": 1398.623, "end": 1403.818, "text": "So in some cases, They're going to build a new tank in a new location.", "speaker": "Tom Armstrong" }, { "id": "cue-190", "start": 1404.109, "end": 1410.547, "text": "They're going to keep the old tank online and serving fuel that we need.", "speaker": "Tom Armstrong" }, { "id": "cue-191", "start": 1410.981, "end": 1415.892, "text": "And then when that new tank is ready to come online, they'll take the old tank off.", "speaker": "Tom Armstrong" }, { "id": "cue-192", "start": 1416.037, "end": 1421.651, "text": "This performance bond ensures that they take that old tank off and they, um, and remove it.", "speaker": "Tom Armstrong" }, { "id": "cue-193", "start": 1421.716, "end": 1422.285, "text": "Excuse me.", "speaker": "Eric Zimmerman" }, { "id": "cue-194", "start": 1424.074, "end": 1425.668, "text": "So that's Amendment 10.", "speaker": "Tom Armstrong" }, { "id": "cue-195", "start": 1426.562, "end": 1431.569, "text": "Or that's the replacement review process.", "speaker": "Tom Armstrong" }, { "id": "cue-196", "start": 1432.921, "end": 1435.707, "text": "The second review is for expansions.", "speaker": "Tom Armstrong" }, { "id": "cue-197", "start": 1435.964, "end": 1445.852, "text": "And this is for both tank capacity and transloading facilities and includes the aviation fuel.", "speaker": "Tom Armstrong" }, { "id": "cue-198", "start": 1445.967, "end": 1448.221, "text": "Again, it's a Type 3 review procedure.", "speaker": "Tom Armstrong" }, { "id": "cue-199", "start": 1450.23, "end": 1464.669, "text": "What we've done is taken essentially the transloading, the transfer, and the— Aviation fuel expansion criteria and collapsed it into one set of criteria, which is what we heard from the public testimony.", "speaker": "Tom Armstrong" }, { "id": "cue-200", "start": 1467.754, "end": 1483.895, "text": "To go through this process, you know, a terminal is going to have to show a need for the expanded capacity, that there is no alternative location that can accommodate that expanded capacity.", "speaker": "Tom Armstrong" }, { "id": "cue-201", "start": 1484.058, "end": 1484.188, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-202", "start": 1485.129, "end": 1490.137, "text": "There has to be net public benefits, including non-economic benefits.", "speaker": "Tom Armstrong" }, { "id": "cue-203", "start": 1490.201, "end": 1491.364, "text": "That's in criteria B.", "speaker": "Tom Armstrong" }, { "id": "cue-204", "start": 1492.22, "end": 1509.725, "text": "In criteria C, that the expansion will not result in an increase in the total capacity of the hub, except for the 5% allowance for aviation fuel.", "speaker": "Tom Armstrong" }, { "id": "cue-205", "start": 1510.625, "end": 1518.629, "text": "And so essentially, this operates as the transfer between terminals.", "speaker": "Tom Armstrong" }, { "id": "cue-206", "start": 1518.743, "end": 1534.687, "text": "So as the terminals change, they can go through this process to move that capacity between sites, you know, and that's how they would show that they meet Criteria C.", "speaker": "Tom Armstrong" }, { "id": "cue-207", "start": 1534.961, "end": 1535.299, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-208", "start": 1536.585, "end": 1548.097, "text": "D, again, is, you know, show us that you are, you know, up to date and compliant with your RMIP from DEQ.", "speaker": "Tom Armstrong" }, { "id": "cue-209", "start": 1550.216, "end": 1556.698, "text": "Criteria E is, you know, again, that any new tank capacity is built to risk category 4.", "speaker": "Tom Armstrong" }, { "id": "cue-210", "start": 1558.521, "end": 1564.334, "text": "Criterion F is same for the transloading facilities are built to that higher seismic standard.", "speaker": "Tom Armstrong" }, { "id": "cue-211", "start": 1564.388, "end": 1564.64, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-212", "start": 1565.012, "end": 1566.64, "text": "Okay.", "speaker": "Jamie Dunphy" }, { "id": "cue-213", "start": 1567.898, "end": 1577.589, "text": "Criterion G is, again, any new tank, expanded tank has to be set back at least 250 feet from the river.", "speaker": "Tom Armstrong" }, { "id": "cue-214", "start": 1579.446, "end": 1591.544, "text": "And then H is, again, that we're addressing public health and environmental risks and minimizing any increase to the extent practicable.", "speaker": "Tom Armstrong" }, { "id": "cue-215", "start": 1593.014, "end": 1593.047, "text": "I—.", "speaker": "Sameer Kanal" }, { "id": "cue-216", "start": 1593.663, "end": 1604.774, "text": "I, again, similarly addresses public health and safety, especially from a wildfire associated with that new tank.", "speaker": "Tom Armstrong" }, { "id": "cue-217", "start": 1605.582, "end": 1625.632, "text": "And then finally, J is that, you know, you have a balancing test essentially that says the expanded capacity, any need, for that capacity outweighs the, the added risks to the local community and environment.", "speaker": "Tom Armstrong" }, { "id": "cue-218", "start": 1625.728, "end": 1631.942, "text": "I'm just going to pause there for a second and just put some emphasis on Approval Criteria A here.", "speaker": "Mitch Green" }, { "id": "cue-219", "start": 1632.231, "end": 1662.2, "text": "And just for folks who are not part of the conversations that we have with these advocates and the, and the city staff, is that's an area where we spent a lot of time getting the language right and We wanted to make sure that because this is a permitting process, that when we were talking about demonstrating the need, that there was language that says this is a current needs analysis that is documenting that need, that then really does demonstrate that there, there is that need and that there's no suitable other location for it.", "speaker": "Mitch Green" }, { "id": "cue-220", "start": 1662.248, "end": 1676.605, "text": "And so I think— I don't want to lose that that's a pretty binding constraint that I, I think the City of Portland will will hold itself to, or I think that's what we strive towards, and that's why the rest of it sort of follows after that.", "speaker": "Mitch Green" }, { "id": "cue-221", "start": 1677.007, "end": 1679.623, "text": "And that's— would you agree with that characterization, Tom?", "speaker": "Mitch Green" }, { "id": "cue-222", "start": 1680.205, "end": 1680.544, "text": "Yes.", "speaker": "Sameer Kanal" }, { "id": "cue-223", "start": 1681.417, "end": 1681.595, "text": "Yeah.", "speaker": "Tom Armstrong" }, { "id": "cue-224", "start": 1682.161, "end": 1682.387, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-225", "start": 1685.312, "end": 1687.22, "text": "Then just 11.", "speaker": "Tom Armstrong" }, { "id": "cue-226", "start": 1689.111, "end": 1693.63, "text": "You know, this really speaks again to some of the public testimony that we heard.", "speaker": "Tom Armstrong" }, { "id": "cue-227", "start": 1693.775, "end": 1696.035, "text": "This goes into the ordinance itself.", "speaker": "Tom Armstrong" }, { "id": "cue-228", "start": 1697.695, "end": 1710.015, "text": "And it's just a directive to the city administration to bring back a work program to figure out how we're going to limit the storage of non-fuel hazardous materials.", "speaker": "Tom Armstrong" }, { "id": "cue-229", "start": 1710.224, "end": 1722.625, "text": "So right now, these limits cover about 80% of the storage capacity in the hub itself, but we have other materials like asphalt that make up the other— Asphalt.", "speaker": "Tom Armstrong" }, { "id": "cue-230", "start": 1725.866, "end": 1727.495, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-231", "start": 1727.56, "end": 1738.652, "text": "And I just want to hop in again to clarify on that, um, that there was a strong desire to define fuel or beyond fuel inside of the language itself.", "speaker": "Mitch Green" }, { "id": "cue-232", "start": 1739.118, "end": 1750.377, "text": "And what we were advised on was that doing so would invite the potential to sort of slow the process down and need to add more evidence in the record.", "speaker": "Mitch Green" }, { "id": "cue-233", "start": 1750.476, "end": 1760.277, "text": "And, you know, the council has the ability to We decided if we put a directive, which is, you know, which is stronger than a resolution, it's a council directive, the city must act.", "speaker": "Mitch Green" }, { "id": "cue-234", "start": 1760.325, "end": 1766.153, "text": "If we adopt this directive, then the city now has a mandate to go out and engage in that definition process.", "speaker": "Mitch Green" }, { "id": "cue-235", "start": 1767.085, "end": 1776.751, "text": "Then we avoid that delay and we come back and meet the goal of that expanded definition so we can adopt that at a later time.", "speaker": "Mitch Green" }, { "id": "cue-236", "start": 1776.943, "end": 1777.409, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-237", "start": 1777.924, "end": 1784.943, "text": "And that's— so I think that there's probably some open questions about what's feasible from staff on a given timeline.", "speaker": "Mitch Green" }, { "id": "cue-238", "start": 1785.007, "end": 1795.687, "text": "But irrespective of timeline, do you think that this directive would provide enough room for BPS to do the work that is needed to be responsive to community and maintain compliance?", "speaker": "Mitch Green" }, { "id": "cue-239", "start": 1796.746, "end": 1797.955, "text": "I guess I can speak to that.", "speaker": "Unidentified speaker" }, { "id": "cue-240", "start": 1798.233, "end": 1799.197, "text": "Again, Director Engstrom.", "speaker": "Unidentified speaker" }, { "id": "cue-241", "start": 1800.688, "end": 1806.7, "text": "Yeah, I think we can respond given the language changes you made that that's a reasonable timeline for a work program proposal.", "speaker": "Unidentified speaker" }, { "id": "cue-242", "start": 1807.635, "end": 1808.241, "text": "Okay, thank you.", "speaker": "Mitch Green" }, { "id": "cue-243", "start": 1812.633, "end": 1815.011, "text": "Okay, I think that's it for the Title 33 amendment.", "speaker": "Mitch Green" }, { "id": "cue-244", "start": 1815.059, "end": 1815.862, "text": "So perfect.", "speaker": "Jamie Dunphy" }, { "id": "cue-245", "start": 1816.087, "end": 1819.702, "text": "That's— there's a lot here, guys, and, uh, thanks for the, the flyover.", "speaker": "Mitch Green" }, { "id": "cue-246", "start": 1819.783, "end": 1822.209, "text": "And I guess I would ask for your support.", "speaker": "Mitch Green" }, { "id": "cue-247", "start": 1822.274, "end": 1823.095, "text": "We can get into debate.", "speaker": "Mitch Green" }, { "id": "cue-248", "start": 1823.304, "end": 1824.093, "text": "Thank you, Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-249", "start": 1824.512, "end": 1826.669, "text": "Thank you, Tom, for— and team for walking us through this.", "speaker": "Jamie Dunphy" }, { "id": "cue-250", "start": 1826.927, "end": 1832.722, "text": "Um, as I had said at the very beginning, I wanted to extend a courtesy to all the co-sponsors of this to see if they have any additional comments before we enter full discussion.", "speaker": "Jamie Dunphy" }, { "id": "cue-251", "start": 1833.116, "end": 1835.856, "text": "Thank you, Council President.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-252", "start": 1836.08, "end": 1845.919, "text": "I want to reiterate a place where Councilor Green started, which is that we are not solving all of the challenges with the CEI Hub, but we are addressing safety.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-253", "start": 1846.656, "end": 1853.77, "text": "And this is a place where we know that safety bumps up against, um, the entire region's economic drivers.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-254", "start": 1854.748, "end": 1860.469, "text": "And we worked very hard in this proposal to figure out how we find that Thank you.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-255", "start": 1860.533, "end": 1871.904, "text": "We're trying to find that place where we push on safety as much as we can without compromising our land use framework that we work within here and our economic needs.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-256", "start": 1872.643, "end": 1886.199, "text": "And what you have before you sets up, I believe, a number of next steps while also trying to find that place where we can keep our communities as safe as possible and also keep our region humming.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-257", "start": 1886.616, "end": 1890.45, "text": "Um, all within the, the bounds of our land use system.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-258", "start": 1890.578, "end": 1897.813, "text": "So I look forward to the discussion, the questions, the debate on this, um, and wanted to make sure we had that frame as we begin.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-259", "start": 1898.006, "end": 1898.952, "text": "Thank you, Council President.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-260", "start": 1899.065, "end": 1899.947, "text": "Thank you, Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-261", "start": 1900.509, "end": 1900.99, "text": "Councilor Knoll.", "speaker": "Jamie Dunphy" }, { "id": "cue-262", "start": 1901.696, "end": 1903.605, "text": "I'll save my comments for the full discussion.", "speaker": "Sameer Kanal" }, { "id": "cue-263", "start": 1903.861, "end": 1904.038, "text": "Okay.", "speaker": "Candace Avalos" }, { "id": "cue-264", "start": 1904.118, "end": 1904.776, "text": "Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-265", "start": 1906.027, "end": 1906.926, "text": "Thank you, Council President.", "speaker": "Olivia Clark" }, { "id": "cue-266", "start": 1907.15, "end": 1912.861, "text": "Um, I just first of all want to thank the Planning Commission, wherever you are, uh, for all of their work.", "speaker": "Olivia Clark" }, { "id": "cue-267", "start": 1913.534, "end": 1915.729, "text": "Thank our— all my colleagues.", "speaker": "Olivia Clark" }, { "id": "cue-268", "start": 1915.794, "end": 1919.249, "text": "Thank the people from the Bureau, especially Tom, for all the work that you've put into this.", "speaker": "Olivia Clark" }, { "id": "cue-269", "start": 1919.41, "end": 1921.105, "text": "I think it's a very reasonable package.", "speaker": "Olivia Clark" }, { "id": "cue-270", "start": 1922.288, "end": 1925.055, "text": "Thanks to advocates for always being at the table and pushing on this.", "speaker": "Olivia Clark" }, { "id": "cue-271", "start": 1925.136, "end": 1925.94, "text": "I really appreciate it.", "speaker": "Olivia Clark" }, { "id": "cue-272", "start": 1926.713, "end": 1927.855, "text": "It's very long awaited.", "speaker": "Olivia Clark" }, { "id": "cue-273", "start": 1928.096, "end": 1930.397, "text": "I think we've waited years for this package.", "speaker": "Olivia Clark" }, { "id": "cue-274", "start": 1932.408, "end": 1935.209, "text": "I am going to make one caveat, and then I do have a question.", "speaker": "Olivia Clark" }, { "id": "cue-275", "start": 1935.885, "end": 1948.52, "text": "Since I haven't been as intimately involved in all the negotiations, I have an easy question, but I also want to just I would just say that we're really pushing the envelope here as far as the state goes.", "speaker": "Olivia Clark" }, { "id": "cue-276", "start": 1948.632, "end": 1958.104, "text": "And I'm afraid that if we go much further, that the state will be tempted to preempt us, preempt these policies.", "speaker": "Olivia Clark" }, { "id": "cue-277", "start": 1958.168, "end": 1970.605, "text": "Just as a caution, we should be aware of that, that there's a certain kind of fear around the state that we are somehow going to disadvantage the economy, disadvantage other communities around the state.", "speaker": "Olivia Clark" }, { "id": "cue-278", "start": 1970.653, "end": 1971.647, "text": "And just be aware of that.", "speaker": "Olivia Clark" }, { "id": "cue-279", "start": 1971.711, "end": 1971.839, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-280", "start": 1972.112, "end": 1976.88, "text": "That there will probably be an effort in Salem to preempt some of the things that we're doing here.", "speaker": "Olivia Clark" }, { "id": "cue-281", "start": 1977.313, "end": 1979.962, "text": "But I think we're doing a really good job.", "speaker": "Olivia Clark" }, { "id": "cue-282", "start": 1980.46, "end": 1998.52, "text": "I do have a question though on— let's see, how do I describe this— under fuel storage tank and transloading capacity expansion review under G, new storage tank capacity is set back at least 250 feet from the top bank of the Willamette River.", "speaker": "Olivia Clark" }, { "id": "cue-283", "start": 1998.6, "end": 1998.648, "text": "Yes.", "speaker": "Loretta Smith" }, { "id": "cue-284", "start": 1999.082, "end": 2005.23, "text": "Why do we not include on non-liquefaction soils in there?", "speaker": "Olivia Clark" }, { "id": "cue-285", "start": 2005.681, "end": 2007.482, "text": "Was that discussed?", "speaker": "Olivia Clark" }, { "id": "cue-286", "start": 2011.267, "end": 2017.531, "text": "I will say the whole area has some— is in that high liquefaction risk.", "speaker": "Unidentified speaker" }, { "id": "cue-287", "start": 2017.66, "end": 2031.967, "text": "But when you look at some of the draft seismic vulnerability assessments that the terminals You see a range of, I guess, risk of displacement.", "speaker": "Unidentified speaker" }, { "id": "cue-288", "start": 2032.545, "end": 2040.633, "text": "And the further you get away from the river, the lower that risk, the lower the amount of displacement becomes.", "speaker": "Unidentified speaker" }, { "id": "cue-289", "start": 2041.243, "end": 2048.689, "text": "So think, you know, 10 to 12 feet of displacement close to the river, down to less than a foot away from the river.", "speaker": "Unidentified speaker" }, { "id": "cue-290", "start": 2048.77, "end": 2052.252, "text": "And so we were looking at those—.", "speaker": "Unidentified speaker" }, { "id": "cue-291", "start": 2052.252, "end": 2052.429, "text": "Thank you.", "speaker": "Robert Taylor" }, { "id": "cue-292", "start": 2052.782, "end": 2063.625, "text": "Sort of maps and just saying, okay, for new expanded tanks, move it away from the river to a safer location.", "speaker": "Unidentified speaker" }, { "id": "cue-293", "start": 2063.754, "end": 2069.673, "text": "But there is no sort of no liquefaction hazard areas on these terminals.", "speaker": "Unidentified speaker" }, { "id": "cue-294", "start": 2069.785, "end": 2071.116, "text": "No line of demarcation.", "speaker": "Olivia Clark" }, { "id": "cue-295", "start": 2071.293, "end": 2071.373, "text": "Yeah.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-296", "start": 2071.453, "end": 2074.758, "text": "Just this is your best guess, it's 250 feet.", "speaker": "Olivia Clark" }, { "id": "cue-297", "start": 2075.464, "end": 2076.618, "text": "It gets us— it's safer.", "speaker": "Unidentified speaker" }, { "id": "cue-298", "start": 2077.148, "end": 2079.939, "text": "It's not safest or safe.", "speaker": "Unidentified speaker" }, { "id": "cue-299", "start": 2080.518, "end": 2081.327, "text": "Okay, it's safer.", "speaker": "Unidentified speaker" }, { "id": "cue-300", "start": 2081.747, "end": 2082.895, "text": "Okay, I appreciate that.", "speaker": "Olivia Clark" }, { "id": "cue-301", "start": 2082.944, "end": 2084.61, "text": "That— I think that answers my question.", "speaker": "Olivia Clark" }, { "id": "cue-302", "start": 2084.658, "end": 2084.998, "text": "Thank you.", "speaker": "Olivia Clark" }, { "id": "cue-303", "start": 2085.402, "end": 2087.1, "text": "Okay, thank you, Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-304", "start": 2087.149, "end": 2089.802, "text": "Councilor Koyama Lane, any opening remarks for you?", "speaker": "Jamie Dunphy" }, { "id": "cue-305", "start": 2090.824, "end": 2091.57, "text": "Okay, great.", "speaker": "Jamie Dunphy" }, { "id": "cue-306", "start": 2092.024, "end": 2097.618, "text": "So colleagues, we are now in discussion of this, uh, amendment which was moved by Councilor Green and seconded by Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-307", "start": 2098.184, "end": 2098.815, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-308", "start": 2100.755, "end": 2101.92, "text": "Uh, thank you, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-309", "start": 2102.13, "end": 2111.539, "text": "Um, so I have a question which maybe is partly guided by By not knowing exactly how arduous a Type 3 procedure is.", "speaker": "Steve Novick" }, { "id": "cue-310", "start": 2112.679, "end": 2119.152, "text": "On replacing tanks, it seems to me that if they're gonna replace a bad tank with a good tank, we want them to do that as quickly as possible.", "speaker": "Steve Novick" }, { "id": "cue-311", "start": 2120.164, "end": 2124.967, "text": "So if they're gonna replace an old tank with a risk category 4, it's like a resilient tank.", "speaker": "Steve Novick" }, { "id": "cue-312", "start": 2125.32, "end": 2134.395, "text": "So just wondering, is there any argument for authorizing a speeded-up procedure that's different from Title 3, or is Title 3 as speeded up as it's reasonable to go?", "speaker": "Steve Novick" }, { "id": "cue-313", "start": 2135.699, "end": 2137.581, "text": "Or a Type 3, sorry.", "speaker": "Steve Novick" }, { "id": "cue-314", "start": 2138.015, "end": 2144.624, "text": "The Type 3 process is arduous, right?", "speaker": "Unidentified speaker" }, { "id": "cue-315", "start": 2144.704, "end": 2154.284, "text": "So they're going to go through the neighborhood contact, they're going to apply, there'll be public notice as part of the application, an opportunity for comment.", "speaker": "Unidentified speaker" }, { "id": "cue-316", "start": 2154.911, "end": 2157.257, "text": "There'll be a hearing before a hearings officer.", "speaker": "Unidentified speaker" }, { "id": "cue-317", "start": 2157.739, "end": 2159.218, "text": "It's appealable to council.", "speaker": "Unidentified speaker" }, { "id": "cue-318", "start": 2160.52, "end": 2164.427, "text": "A lot of these criteria are, you know, either you meet it or not.", "speaker": "Unidentified speaker" }, { "id": "cue-319", "start": 2164.966, "end": 2165.382, "text": "Right.", "speaker": "Sameer Kanal" }, { "id": "cue-320", "start": 2165.527, "end": 2184.475, "text": "And, you know, I think we've heard from our colleagues at PP&D that you could actually have a lower type of review process for this, a Type 2, that still includes public notice and an opportunity to public comment, but it wouldn't go to the hearings officer.", "speaker": "Unidentified speaker" }, { "id": "cue-321", "start": 2184.94, "end": 2187.826, "text": "An appeal would not come to council, it would go to LUBA.", "speaker": "Unidentified speaker" }, { "id": "cue-322", "start": 2189.108, "end": 2196.01, "text": "But, and that would be a, slightly shorter process to go through to do these replacement tanks.", "speaker": "Unidentified speaker" }, { "id": "cue-323", "start": 2196.267, "end": 2209.289, "text": "I mean, given that, do you— I mean, it seems to me again that if they really are going to replace an old tank that might explode with a new one that won't, I don't know why we wouldn't want to speed up that process as much as possible.", "speaker": "Steve Novick" }, { "id": "cue-324", "start": 2209.883, "end": 2214.475, "text": "And I'm curious for the sponsors what their reaction is to that.", "speaker": "Steve Novick" }, { "id": "cue-325", "start": 2218.151, "end": 2235.352, "text": "Yeah, this was a strong preference of the community advocates who, in a world where there's uncertainty around demonstrating need and there's a lot of sort of, here's my forecast, here's my methodology, come with a better challenge.", "speaker": "Mitch Green" }, { "id": "cue-326", "start": 2235.417, "end": 2238.273, "text": "That's the sort of— that's the baseline.", "speaker": "Mitch Green" }, { "id": "cue-327", "start": 2239.027, "end": 2243.985, "text": "I think what they wanted to see was the most robust processes possible.", "speaker": "Mitch Green" }, { "id": "cue-328", "start": 2244.386, "end": 2253.538, "text": "So that way, I get your point about, Why wouldn't we want to make it easier to trade from a non-safe tank to a safer tank?", "speaker": "Mitch Green" }, { "id": "cue-329", "start": 2255, "end": 2264.309, "text": "For these advocates to feel most comfortable with a world in which you can even have some expansion and the ongoing existence of this, this was what they felt like was their compromise position.", "speaker": "Mitch Green" }, { "id": "cue-330", "start": 2266.4, "end": 2269.274, "text": "And I was willing to sort of fight for that.", "speaker": "Mitch Green" }, { "id": "cue-331", "start": 2270.356, "end": 2275.042, "text": "And I'll just note that I think it's probably in the best interest of the companies to get this Safer tank anyway.", "speaker": "Mitch Green" }, { "id": "cue-332", "start": 2275.09, "end": 2278.897, "text": "So they've got a strong balance sheet incentive anyway.", "speaker": "Mitch Green" }, { "id": "cue-333", "start": 2281.39, "end": 2292.656, "text": "I just have to say, I, I don't quite get it, because if I were living near the CI Hub, I'd want them to replace the bad tanks with the good tanks as quickly as possible.", "speaker": "Steve Novick" }, { "id": "cue-334", "start": 2293.17, "end": 2304.926, "text": "So given that this requires that the total storage capacity is not more than this— of the new tank is not more than the storage capacity of the tanks being replaced, It requires that it's built to risk category 4 seismic resilience standards.", "speaker": "Steve Novick" }, { "id": "cue-335", "start": 2306.568, "end": 2311.528, "text": "I just don't see logically why we wouldn't have to want to have a speedier process for that.", "speaker": "Steve Novick" }, { "id": "cue-336", "start": 2313.795, "end": 2321.674, "text": "I mean, one very specific reason came up in the depths of the conversation where we were arguing about something else.", "speaker": "Mitch Green" }, { "id": "cue-337", "start": 2321.722, "end": 2323.161, "text": "It was about the drawdown criteria.", "speaker": "Mitch Green" }, { "id": "cue-338", "start": 2323.225, "end": 2327.755, "text": "It was about whether tank capacity or average levels was, was the right approach.", "speaker": "Mitch Green" }, { "id": "cue-339", "start": 2329.826, "end": 2337.563, "text": "One of the advocates said, this is largely why we want the Type 3 review, so we can have as much information as possible to learn as much as possible about these tanks.", "speaker": "Mitch Green" }, { "id": "cue-340", "start": 2337.66, "end": 2339.016, "text": "What is their volume and the like?", "speaker": "Mitch Green" }, { "id": "cue-341", "start": 2339.129, "end": 2351.181, "text": "And so this was just really important for these community members to know everything that they need to know about the threats that they face.", "speaker": "Mitch Green" }, { "id": "cue-342", "start": 2352.26, "end": 2366.021, "text": "But did you ask the community members I think there's a general recognition that that's desirable, but there's a balance of risks here.", "speaker": "Steve Novick" }, { "id": "cue-343", "start": 2366.329, "end": 2370.727, "text": "And so weighing those risks, they want the most robust processes possible.", "speaker": "Mitch Green" }, { "id": "cue-344", "start": 2373.504, "end": 2375.703, "text": "And there's no single one risk here.", "speaker": "Mitch Green" }, { "id": "cue-345", "start": 2377.9, "end": 2380.167, "text": "But what's the risk of replacing a bad tank with a good tank?", "speaker": "Steve Novick" }, { "id": "cue-346", "start": 2380.216, "end": 2391.991, "text": "Well, the risk is that you have a tank that's not The risk was that if it's not a Type 3 process, then we would be potentially shortchanged on the ability to engage on the data discovery process and the review process.", "speaker": "Mitch Green" }, { "id": "cue-347", "start": 2392.088, "end": 2396.989, "text": "So, you know, there's trust issues here with these companies.", "speaker": "Mitch Green" }, { "id": "cue-348", "start": 2397.571, "end": 2409.645, "text": "And if you've been dealing with the trust issue for decades, then you're willing to sort of say, look, I'm going to take a little bit longer on this replacement if it means I've got the most protection I have from a community involvement standpoint.", "speaker": "Mitch Green" }, { "id": "cue-349", "start": 2409.762, "end": 2409.913, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-350", "start": 2410.258, "end": 2415.778, "text": "So I can't offer you any more than that, but that's, that's, that was the discussion that we had.", "speaker": "Mitch Green" }, { "id": "cue-351", "start": 2417.944, "end": 2420.152, "text": "Any other sponsors with any other comments?", "speaker": "Steve Novick" }, { "id": "cue-352", "start": 2422.112, "end": 2422.901, "text": "Council President, if I may.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-353", "start": 2423.078, "end": 2423.53, "text": "Absolutely.", "speaker": "Jamie Dunphy" }, { "id": "cue-354", "start": 2423.707, "end": 2425.511, "text": "I'll note 2 things.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-355", "start": 2425.576, "end": 2448.853, "text": "The first is that when you talk about tank safety, whether that's replacing a bad tank with a good tank or a less risky tank, or Surrounding the tank with a catchment area, whatever the upgrade is there, those things are going to be moving forward because of DEQ regulation at the state level regardless.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-356", "start": 2449.815, "end": 2460.074, "text": "So I think we are going to see the incentive there for companies to make those upgrades no matter what our process is, whether it is more robust or less robust.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-357", "start": 2461.245, "end": 2461.373, "text": "Okay.", "speaker": "Angelita Morillo" }, { "id": "cue-358", "start": 2461.63, "end": 2462.079, "text": "Councilor Smith.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-359", "start": 2462.207, "end": 2465.191, "text": "I think there's a strong desire to have consistency in the process.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-360", "start": 2465.415, "end": 2477.736, "text": "And we sometimes as policymakers can further engineer things to create processes that allow for all of the nuance needed in each piece of it.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-361", "start": 2478.73, "end": 2488.307, "text": "And for community members who are trying to engage in that process, there are sometimes additional barriers when there's not consistency.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-362", "start": 2489.271, "end": 2502.405, "text": "So there was a move with the amendments generally, and I'm speaking generally, not just to this piece, to try to have more consistency in the process so that Portlanders could engage more readily.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-363", "start": 2503.368, "end": 2516.994, "text": "That combined with the fact that because we are paralleling in timeline here a DEQ process that is going to require some upgrades, Felt to me like it mitigated the risk that you're talking about.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-364", "start": 2517.284, "end": 2520.023, "text": "I think it's a very reasonable concern to bring up.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-365", "start": 2520.104, "end": 2522.312, "text": "It is certainly part of what we need to weigh here.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-366", "start": 2523.402, "end": 2531.701, "text": "But that DEQ mandate helped, for me at least, to make me feel like the balance was captured appropriately.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-367", "start": 2532.73, "end": 2539.855, "text": "But my worry is that this will slow down complying with the DEQ mandate, that the DEQ will say we expect you to get this done by 2038.", "speaker": "Steve Novick" }, { "id": "cue-368", "start": 2540.604, "end": 2544.937, "text": "And the companies say, well, we have to go through this Type 3 review first, so we're not going to get it done until 2041.", "speaker": "Steve Novick" }, { "id": "cue-369", "start": 2546.182, "end": 2551.398, "text": "I mean, it— how much time does a Type 3 versus a Type 3 review add?", "speaker": "Steve Novick" }, { "id": "cue-370", "start": 2555.433, "end": 2566.134, "text": "Um, so the city is still under the, the state 120-day, um, requirement to issue a decision by then.", "speaker": "Unidentified speaker" }, { "id": "cue-371", "start": 2566.28, "end": 2570.584, "text": "So, um, In theory, it's a 4-month process.", "speaker": "Unidentified speaker" }, { "id": "cue-372", "start": 2571.562, "end": 2577.347, "text": "At maximum, it's a 4-month process unless the applicant waives that 120-day.", "speaker": "Unidentified speaker" }, { "id": "cue-373", "start": 2578.229, "end": 2587.765, "text": "And then it all depends on, you know, what happens, how much argument there is at the hearings officer, and whether somebody appeals that to council.", "speaker": "Unidentified speaker" }, { "id": "cue-374", "start": 2588.742, "end": 2589.047, "text": "So—.", "speaker": "Steve Novick" }, { "id": "cue-375", "start": 2589.063, "end": 2597.413, "text": "And I would also say, just the— sorry, for the record, Patricia Diefendorfer— just, you know, expense associated with that application, the fee.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-376", "start": 2597.943, "end": 2598.799, "text": "As well as the time.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-377", "start": 2599.154, "end": 2601.577, "text": "Just throw that in there.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-378", "start": 2601.658, "end": 2604.065, "text": "So is, is 4 months the maximum, or is it a minimum?", "speaker": "Steve Novick" }, { "id": "cue-379", "start": 2605.638, "end": 2613.047, "text": "It's the maximum unless, because of the back and forth, the terminals waive that 120-day requirement.", "speaker": "Unidentified speaker" }, { "id": "cue-380", "start": 2613.981, "end": 2617.636, "text": "And, and if there's an appeal, then that could extend that timeline, right?", "speaker": "Patricia Diefendorfer" }, { "id": "cue-381", "start": 2618.121, "end": 2622.217, "text": "No, the council— the appeal has to be resolved within the 120 days.", "speaker": "Unidentified speaker" }, { "id": "cue-382", "start": 2624.252, "end": 2638.697, "text": "Okay, I mean, I just, um, it would be a pity if the earthquake hit within— in the, in the course of that 120-day period and there was a bad tank instead of a good tank that spilled a bunch of oil, is my take.", "speaker": "Steve Novick" }, { "id": "cue-383", "start": 2640.566, "end": 2641.411, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-384", "start": 2641.752, "end": 2642.45, "text": "Councilor Kanal.", "speaker": "Jamie Dunphy" }, { "id": "cue-385", "start": 2644.416, "end": 2644.709, "text": "Thank you.", "speaker": "Sameer Kanal" }, { "id": "cue-386", "start": 2644.904, "end": 2646.675, "text": "I'm not really sure what a good tank is.", "speaker": "Sameer Kanal" }, { "id": "cue-387", "start": 2647.26, "end": 2647.991, "text": "Thanks.", "speaker": "Unidentified speaker" }, { "id": "cue-388", "start": 2649.342, "end": 2650.097, "text": "Thank you, Councilor Knell.", "speaker": "Jamie Dunphy" }, { "id": "cue-389", "start": 2650.306, "end": 2650.964, "text": "Councilor Koyama Lane.", "speaker": "Jamie Dunphy" }, { "id": "cue-390", "start": 2652.297, "end": 2670.168, "text": "I just want to underscore that, you know, the CEI hub is an issue that impacts all Portlanders in all 4 districts, all of our districts, and that it's really important that we're showing that elected officials that we're willing to govern in a way that's really going to protect Portlanders and the environment.", "speaker": "Keelan McClymont" }, { "id": "cue-391", "start": 2670.762, "end": 2681.749, "text": "And just also want to underscore the importance of listening to advocates and community members and scientists that have been focused on this and working on this for many, many years.", "speaker": "Keelan McClymont" }, { "id": "cue-392", "start": 2682.407, "end": 2691.762, "text": "And I am— yeah, it's really important that we're weighing the safety, their safety and concerns, as we're also weighing other things that come up too.", "speaker": "Keelan McClymont" }, { "id": "cue-393", "start": 2693.632, "end": 2694.568, "text": "Thank you, Councilor Koyama Lane.", "speaker": "Jamie Dunphy" }, { "id": "cue-394", "start": 2695.23, "end": 2695.875, "text": "Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-395", "start": 2696.859, "end": 2697.714, "text": "Thank you, Councilor President.", "speaker": "Olivia Clark" }, { "id": "cue-396", "start": 2697.811, "end": 2703.135, "text": "I just wanted to make some general remarks about this, 'cause I think this is a really important moment in history.", "speaker": "Olivia Clark" }, { "id": "cue-397", "start": 2704.093, "end": 2708.324, "text": "And the history of Linnton and the history of the tanks, the history of our state.", "speaker": "Olivia Clark" }, { "id": "cue-398", "start": 2709.44, "end": 2711.288, "text": "I just read Sarah Taylor's book.", "speaker": "Olivia Clark" }, { "id": "cue-399", "start": 2711.5, "end": 2719.943, "text": "I don't know if Sarah's here today, but she wrote a book that includes some of the history of the tanks and the history of Linnton.", "speaker": "Olivia Clark" }, { "id": "cue-400", "start": 2720.847, "end": 2728.47, "text": "And it was really because a tank that was, I believe, in this— inside the city of Portland, closer to the downtown, that exploded.", "speaker": "Olivia Clark" }, { "id": "cue-401", "start": 2728.568, "end": 2728.649, "text": "Yes.", "speaker": "Loretta Smith" }, { "id": "cue-402", "start": 2729.567, "end": 2737.024, "text": "That actually killed our fire chief, Dave Campbell, which, you know, there's now a memorial to fallen firefighters on Burnside.", "speaker": "Olivia Clark" }, { "id": "cue-403", "start": 2737.12, "end": 2738.579, "text": "That's the David Campbell Memorial.", "speaker": "Olivia Clark" }, { "id": "cue-404", "start": 2739.204, "end": 2751.536, "text": "I thought that was fascinating, and that was what led to the issue of eminent domain in Linton and really making Linton the sacrifice zone for the rest of the city and the rest of the state.", "speaker": "Olivia Clark" }, { "id": "cue-405", "start": 2752.113, "end": 2755.289, "text": "I just thought that history was really compelling.", "speaker": "Olivia Clark" }, { "id": "cue-406", "start": 2755.401, "end": 2755.529, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-407", "start": 2756.509, "end": 2757.569, "text": "Um, and here we are today.", "speaker": "Olivia Clark" }, { "id": "cue-408", "start": 2757.649, "end": 2761.696, "text": "We can't reverse that history, but I think we're doing the best that we can.", "speaker": "Olivia Clark" }, { "id": "cue-409", "start": 2761.808, "end": 2774.127, "text": "It's taken this long to get to this point of trying to, uh, deal with the tanks and enhance the safety for everybody who lives in Linnton, who lives in the city, who lives in the state, uh, to mitigate the impacts.", "speaker": "Olivia Clark" }, { "id": "cue-410", "start": 2774.191, "end": 2781.868, "text": "I just wanted to note that, that history of how we got here and what— this is really a turning point, I hope, uh, for all of us.", "speaker": "Olivia Clark" }, { "id": "cue-411", "start": 2781.916, "end": 2784.839, "text": "So thank you for everyone who has worked on this.", "speaker": "Olivia Clark" }, { "id": "cue-412", "start": 2785.558, "end": 2786.521, "text": "Thank you, Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-413", "start": 2786.714, "end": 2787.228, "text": "Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-414", "start": 2789.911, "end": 2790.425, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-415", "start": 2791.839, "end": 2792.948, "text": "Thank you, Council President.", "speaker": "Loretta Smith" }, { "id": "cue-416", "start": 2793.028, "end": 2794.619, "text": "Thank you all for coming.", "speaker": "Loretta Smith" }, { "id": "cue-417", "start": 2794.928, "end": 2805.821, "text": "Um, just thinking about this, the building retrofits, um, they reduce physical vulnerability but do not fully eliminate the liquefaction risk.", "speaker": "Loretta Smith" }, { "id": "cue-418", "start": 2806.769, "end": 2818.232, "text": "Is the city exploring local financial responsibility or bonding mechanisms to shield tax from cleanup costs if an earthquake strikes before the retrofit finishes?", "speaker": "Loretta Smith" }, { "id": "cue-419", "start": 2820.55, "end": 2822.788, "text": "The state is addressing that.", "speaker": "Unidentified speaker" }, { "id": "cue-420", "start": 2823.32, "end": 2840.858, "text": "There was legislation that passed last spring, and that DEQ is currently going through the rulemaking process, and that that added financial responsibility will be on the terminals Uh, in the spring of 2027.", "speaker": "Unidentified speaker" }, { "id": "cue-421", "start": 2841.618, "end": 2842.442, "text": "Okay, thank you.", "speaker": "Loretta Smith" }, { "id": "cue-422", "start": 2844.959, "end": 2845.67, "text": "Thank you, Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-423", "start": 2846.252, "end": 2846.867, "text": "Thank you, Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-424", "start": 2847.061, "end": 2847.659, "text": "Councilor Kanal.", "speaker": "Jamie Dunphy" }, { "id": "cue-425", "start": 2848.258, "end": 2850.602, "text": "Yeah, not trying to be glib about it earlier.", "speaker": "Sameer Kanal" }, { "id": "cue-426", "start": 2850.683, "end": 2857.073, "text": "I, I think I really wanted to touch back on what Councilor Green was talking about with trust.", "speaker": "Sameer Kanal" }, { "id": "cue-427", "start": 2857.782, "end": 2865.401, "text": "You know, I think there is a question about which type of public process is more of a public process.", "speaker": "Sameer Kanal" }, { "id": "cue-428", "start": 2866.22, "end": 2874.406, "text": "Uh, and that's the— I think the, the time spent, or that may be spent, has a trade-off, right?", "speaker": "Sameer Kanal" }, { "id": "cue-429", "start": 2874.582, "end": 2879.397, "text": "That, that time spent might be a negative, but the positive associated with that is, is a more public process.", "speaker": "Sameer Kanal" }, { "id": "cue-430", "start": 2879.943, "end": 2895.208, "text": "And I, I think one of the great things about our form of government is the ability to have that, that trust be built through processes that, um, that we got to these amendments through by actually listening to advocates and And, and doing what they would like.", "speaker": "Sameer Kanal" }, { "id": "cue-431", "start": 2895.272, "end": 2896.701, "text": "I have a question for Tom.", "speaker": "Sameer Kanal" }, { "id": "cue-432", "start": 2897.601, "end": 2916.804, "text": "Um, my understanding is that the up to 5% storage tank capacity expansion limit for aviation fuel would allow for expanded capacity exclusively for the storage of aviation fuel so that that expanded storage capacity could not then be used for other types of fuel.", "speaker": "Sameer Kanal" }, { "id": "cue-433", "start": 2917.206, "end": 2917.816, "text": "Is that correct?", "speaker": "Sameer Kanal" }, { "id": "cue-434", "start": 2918.089, "end": 2918.506, "text": "Correct.", "speaker": "Candace Avalos" }, { "id": "cue-435", "start": 2919.068, "end": 2920.88, "text": "Okay, great.", "speaker": "Sameer Kanal" }, { "id": "cue-436", "start": 2921.216, "end": 2921.409, "text": "Thanks.", "speaker": "Sameer Kanal" }, { "id": "cue-437", "start": 2922.563, "end": 2923.349, "text": "Thank you, Councilor Knoll.", "speaker": "Jamie Dunphy" }, { "id": "cue-438", "start": 2923.541, "end": 2924.086, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-439", "start": 2924.567, "end": 2925.545, "text": "Uh, thank you, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-440", "start": 2925.962, "end": 2946.485, "text": "So there's an obvious question I'd like to ask, which my staffer Zach Ward pointed out I should ask, which is, uh, the DEQ rules allow for either replacing an old tank with a risk category 4 seismic standard tank or doing a containment pool around the tank.", "speaker": "Steve Novick" }, { "id": "cue-441", "start": 2946.533, "end": 2952.851, "text": "It was my understanding that The advocates would much rather have the new tanks than the containment pool.", "speaker": "Steve Novick" }, { "id": "cue-442", "start": 2953.589, "end": 2969.899, "text": "And I'm wondering, is it possible that the requirement of a Type 3 review as opposed to something quicker might push the companies to decide to go with the containment pool as opposed to building a new tank, which puts them into this, you know, this review process?", "speaker": "Steve Novick" }, { "id": "cue-443", "start": 2974.214, "end": 2986.165, "text": "We don't have any testimony in the record that speaks to that concern by the terminals, so I would just be speculating as to how they would interpret that.", "speaker": "Unidentified speaker" }, { "id": "cue-444", "start": 2987.45, "end": 2989.891, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-445", "start": 2990.036, "end": 2994.341, "text": "But I do think that that's worth us thinking about just logically.", "speaker": "Steve Novick" }, { "id": "cue-446", "start": 2994.935, "end": 3005.117, "text": "If you have to jump through a bunch of hoops in order to do a replacement tank, but you don't in order to do the containment pool, I would think that that might tend to weight the scales towards doing the containment pool.", "speaker": "Steve Novick" }, { "id": "cue-447", "start": 3007.97, "end": 3008.649, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-448", "start": 3009.216, "end": 3009.96, "text": "Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-449", "start": 3010.835, "end": 3011.223, "text": "Thank you.", "speaker": "Angelita Morillo" }, { "id": "cue-450", "start": 3012.194, "end": 3038.054, "text": "Um, just in terms of emergency preparedness and community mitigation, how will revenue or administrative fees generated by the Title 33 land use review process directly support immediate disaster preparedness and emergency response resources For the Title 33 development review process, it won't.", "speaker": "Loretta Smith" }, { "id": "cue-451", "start": 3038.279, "end": 3048.951, "text": "Those, those application review fees are to support PP&D and their staff that goes into reviewing the development application itself.", "speaker": "Unidentified speaker" }, { "id": "cue-452", "start": 3049.512, "end": 3065.122, "text": "I think there is more of a discussion and opportunity as part of the Title 17 that if there are any penalties that come from enforcement, where those are designed to be dedicated towards risk mitigation.", "speaker": "Unidentified speaker" }, { "id": "cue-453", "start": 3065.624, "end": 3066.578, "text": "But in Title 30—.", "speaker": "Unidentified speaker" }, { "id": "cue-454", "start": 3066.837, "end": 3068.131, "text": "And to the adjacent communities as well?", "speaker": "Loretta Smith" }, { "id": "cue-455", "start": 3068.867, "end": 3069.062, "text": "Yeah.", "speaker": "Angelita Morillo" }, { "id": "cue-456", "start": 3069.45, "end": 3069.693, "text": "Okay.", "speaker": "Loretta Smith" }, { "id": "cue-457", "start": 3070.34, "end": 3079.206, "text": "But Title 33 itself, those fees are relatively small compared to what's involved with the Title 17 penalties.", "speaker": "Unidentified speaker" }, { "id": "cue-458", "start": 3079.546, "end": 3082.96, "text": "And mainly that's how we fund PP&D.", "speaker": "Unidentified speaker" }, { "id": "cue-459", "start": 3083.383, "end": 3084.242, "text": "Okay, okay.", "speaker": "Loretta Smith" }, { "id": "cue-460", "start": 3084.377, "end": 3085.438, "text": "Thank you for clarifying that.", "speaker": "Loretta Smith" }, { "id": "cue-461", "start": 3087.09, "end": 3087.721, "text": "Thank you, Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-462", "start": 3090.77, "end": 3096.512, "text": "Colleagues, is there any further discussion of the Green-Pirtle-Guiney-Canal-Clark-Koyama Lane 2 amendment?", "speaker": "Jamie Dunphy" }, { "id": "cue-463", "start": 3100.866, "end": 3101.461, "text": "Councilor Zimmerman.", "speaker": "Jamie Dunphy" }, { "id": "cue-464", "start": 3102.633, "end": 3102.955, "text": "Thanks.", "speaker": "Eric Zimmerman" }, { "id": "cue-465", "start": 3103.774, "end": 3111.334, "text": "I guess I'm, I'm just curious from a staff perspective, Why?", "speaker": "Eric Zimmerman" }, { "id": "cue-466", "start": 3111.881, "end": 3123.139, "text": "I'm trying to get a sense of, of what these amendments are introducing compared to, and maybe why it wasn't included in the original work from the original package that you all brought forward.", "speaker": "Eric Zimmerman" }, { "id": "cue-467", "start": 3123.366, "end": 3138.037, "text": "And this has been both an interesting and a helpful way to convey some of these amendments, um, but is also a little unusual from a perspective of where the Bureau is at on amendments.", "speaker": "Eric Zimmerman" }, { "id": "cue-468", "start": 3138.117, "end": 3141.684, "text": "And I'm trying to get that sense because you didn't include it in the original documentation.", "speaker": "Eric Zimmerman" }, { "id": "cue-469", "start": 3142.6, "end": 3154.041, "text": "So I would love an assessment for that and some reasoning why and those thoughts, because I would imagine there are things that we get and maybe some things we give up given these various amendments.", "speaker": "Eric Zimmerman" }, { "id": "cue-470", "start": 3154.089, "end": 3155.423, "text": "And I can't— I'm not hearing a lot of that.", "speaker": "Eric Zimmerman" }, { "id": "cue-471", "start": 3155.519, "end": 3157.013, "text": "I could maybe start, Tom.", "speaker": "Unidentified speaker" }, { "id": "cue-472", "start": 3157.062, "end": 3170, "text": "I think the— this round of amendments was the result of testimony that you all received, um, that was a reaction to our recommended draft.", "speaker": "Unidentified speaker" }, { "id": "cue-473", "start": 3170.064, "end": 3179.096, "text": "And so, um, it's been an iterative process that, um, you know, some of the testimony that came into you all we didn't have the benefit of.", "speaker": "Unidentified speaker" }, { "id": "cue-474", "start": 3179.193, "end": 3184.583, "text": "And so in, in a, in at least a few cases, we looked at that and said, oh yeah, there's— that makes sense.", "speaker": "Unidentified speaker" }, { "id": "cue-475", "start": 3184.664, "end": 3189.991, "text": "Like the, this move to consolidate the different reviews into a fewer number of reviews.", "speaker": "Unidentified speaker" }, { "id": "cue-476", "start": 3190.296, "end": 3195.688, "text": "It's not something we thought of, but it came in as testimony and it got traction with you all and it made sense.", "speaker": "Unidentified speaker" }, { "id": "cue-477", "start": 3195.736, "end": 3213.439, "text": "So I think that's the broader reaction, is that this has been an iterative process and, um, and has, um, in terms of the, the policy document, it's largely been a question of verb strength and wordsmithing to, to respond to community preferences.", "speaker": "Unidentified speaker" }, { "id": "cue-478", "start": 3215.634, "end": 3241.847, "text": "I might also just say that as it relates to the replacement, the storage tank replacement review, the reason that was not included as one of the kinds of activities that would require a discretionary review, a Type 3 review, is because of the need, you know, the desire to make sure that we don't create any barriers to improving the safety.", "speaker": "Unidentified speaker" }, { "id": "cue-479", "start": 3241.911, "end": 3242.039, "text": "Thank you.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-480", "start": 3242.232, "end": 3254.305, "text": "Of those tanks and understanding that DEQ, you know, there's going to be the mitigation plans and the requirements to comply with those mitigation plans from DEQ.", "speaker": "Unidentified speaker" }, { "id": "cue-481", "start": 3254.772, "end": 3260.506, "text": "And so we didn't want to create any more process associated with just replacing the tank.", "speaker": "Unidentified speaker" }, { "id": "cue-482", "start": 3260.555, "end": 3268.425, "text": "So that was one of the things that factored into why that was not considered a discretionary review.", "speaker": "Unidentified speaker" }, { "id": "cue-483", "start": 3268.473, "end": 3268.619, "text": "Thank you.", "speaker": "Unidentified speaker" }, { "id": "cue-484", "start": 3270, "end": 3270.763, "text": "Initially.", "speaker": "Unidentified speaker" }, { "id": "cue-485", "start": 3270.812, "end": 3283.081, "text": "I'll, I'll just add, in the proposal, the recommendation from the Planning Commission that's before you, there is the neighborhood contact for any of the, the replacement tanks.", "speaker": "Unidentified speaker" }, { "id": "cue-486", "start": 3284.226, "end": 3290.264, "text": "Before they go in for their building permit, they have to go through that neighborhood contact process.", "speaker": "Unidentified speaker" }, { "id": "cue-487", "start": 3290.36, "end": 3297.223, "text": "So they have to send the notice to the neighborhoods, they have to hold a, a meeting that says this is what we're going to do.", "speaker": "Unidentified speaker" }, { "id": "cue-488", "start": 3297.953, "end": 3305.402, "text": "And then they can proceed, um, and, and that, that was the, the public contact awareness step.", "speaker": "Unidentified speaker" }, { "id": "cue-489", "start": 3305.9, "end": 3315.661, "text": "And then from there, the, the public can track the progress of the building permit, but they do not get an opportunity to comment on the building permit.", "speaker": "Unidentified speaker" }, { "id": "cue-490", "start": 3316.239, "end": 3331.634, "text": "This introduces a, a interim step there where, uh, through the review you see a little bit more around the design, um, and, and are able to, um, have more opportunity for comment.", "speaker": "Unidentified speaker" }, { "id": "cue-491", "start": 3331.811, "end": 3337.493, "text": "And as been said here, um, the opportunity to build trust with the community.", "speaker": "Unidentified speaker" }, { "id": "cue-492", "start": 3337.67, "end": 3343.593, "text": "Councilor, I'd also maybe just add that the hat we're wearing as staff changes as we go through the different steps of this process.", "speaker": "Unidentified speaker" }, { "id": "cue-493", "start": 3343.77, "end": 3351.219, "text": "The, the initial step of us coming up with a bureau recommendation, that's when we're in the driver's seat and making recommendations.", "speaker": "Unidentified speaker" }, { "id": "cue-494", "start": 3351.636, "end": 3358.735, "text": "When we go to Planning Commission, our role shifts a little bit to being advisors about whether it's technically feasible.", "speaker": "Unidentified speaker" }, { "id": "cue-495", "start": 3359.007, "end": 3366.282, "text": "And we still will express our opinion about whether we think that's a good idea or not, but it's, it's the Planning Commission making that recommendation.", "speaker": "Unidentified speaker" }, { "id": "cue-496", "start": 3366.475, "end": 3375.737, "text": "And then of course, when we're here, we're still in that technical advisory role where you all are deciding and we're just telling you whether that's workable from a zoning administration perspective.", "speaker": "Unidentified speaker" }, { "id": "cue-497", "start": 3376.41, "end": 3379.62, "text": "And if you ask us You know, would we do it that way?", "speaker": "Unidentified speaker" }, { "id": "cue-498", "start": 3379.7, "end": 3381.563, "text": "I, you know, there's different—.", "speaker": "Unidentified speaker" }, { "id": "cue-499", "start": 3381.611, "end": 3384.918, "text": "You say if it's feasible from a zoning and what perspective?", "speaker": "Eric Zimmerman" }, { "id": "cue-500", "start": 3385.32, "end": 3386.476, "text": "Administrative perspective.", "speaker": "Unidentified speaker" }, { "id": "cue-501", "start": 3386.524, "end": 3387.182, "text": "So we admit—.", "speaker": "Unidentified speaker" }, { "id": "cue-502", "start": 3387.182, "end": 3393.749, "text": "But when crafting the original, you were crafting it from more than just a zoning and feasibility perspective.", "speaker": "Eric Zimmerman" }, { "id": "cue-503", "start": 3393.814, "end": 3397.169, "text": "There was all sorts of perspectives taken in.", "speaker": "Eric Zimmerman" }, { "id": "cue-504", "start": 3397.218, "end": 3411.287, "text": "So I guess what I'm asking a little bit is, do you anticipate that there are factors, things that would be given up if these were adopted compared to the original that you all proposed and that made it to our desk before the amendments?", "speaker": "Eric Zimmerman" }, { "id": "cue-505", "start": 3413.24, "end": 3418.025, "text": "I mean, you've already hinted at this discussion about whether we would do a review for the replacement tanks.", "speaker": "Unidentified speaker" }, { "id": "cue-506", "start": 3418.106, "end": 3420.304, "text": "That's a pivot that—.", "speaker": "Unidentified speaker" }, { "id": "cue-507", "start": 3420.304, "end": 3420.967, "text": "That doesn't—.", "speaker": "Eric Zimmerman" }, { "id": "cue-508", "start": 3420.967, "end": 3421.662, "text": "Is a trade-off.", "speaker": "Eric Engstrom" }, { "id": "cue-509", "start": 3421.824, "end": 3422.729, "text": "What do we do a review?", "speaker": "Eric Zimmerman" }, { "id": "cue-510", "start": 3422.81, "end": 3432.246, "text": "I guess that's not what I'm getting at is you're talking about process, process of a land use decision, but I'm talking about like what is the outcome when the process is over?", "speaker": "Eric Zimmerman" }, { "id": "cue-511", "start": 3432.441, "end": 3443.57, "text": "And that's what I'm trying to get a sense for in terms of what does What we're talking largely, these amendments are how we want to go about a thing, not what the thing will be.", "speaker": "Eric Zimmerman" }, { "id": "cue-512", "start": 3444.12, "end": 3450.8, "text": "And that's what I'd like to get a little bit of a better sense of these amendments and what they change from the document.", "speaker": "Eric Zimmerman" }, { "id": "cue-513", "start": 3452.594, "end": 3476.961, "text": "I think the one thing that has changed or is left behind is related to the transfer review, that the way the transfers were set up between under the Transfer review, that if you were transferring capacity from one terminal to the other, as part of that transfer, there was a 20% reduction.", "speaker": "Unidentified speaker" }, { "id": "cue-514", "start": 3478.101, "end": 3485.36, "text": "And that goes away with the new capacity and transloading expansion review.", "speaker": "Unidentified speaker" }, { "id": "cue-515", "start": 3485.665, "end": 3487.207, "text": "Okay, and so what's the outcome of that?", "speaker": "Eric Zimmerman" }, { "id": "cue-516", "start": 3487.673, "end": 3494.516, "text": "That is one outcome, that there is not the immediate 20% reduction.", "speaker": "Unidentified speaker" }, { "id": "cue-517", "start": 3496.426, "end": 3504.136, "text": "If we still have Title 17, then we're waiting till 2036 to see that 20% reduction.", "speaker": "Unidentified speaker" }, { "id": "cue-518", "start": 3504.394, "end": 3504.635, "text": "Yeah.", "speaker": "Unidentified speaker" }, { "id": "cue-519", "start": 3504.796, "end": 3511.207, "text": "Instead, what you have is the criterion that forces the examination of data and the latest forecasts.", "speaker": "Unidentified speaker" }, { "id": "cue-520", "start": 3511.335, "end": 3514.951, "text": "And so it's, yeah, it's not an automatic reduction, but it's a—.", "speaker": "Unidentified speaker" }, { "id": "cue-521", "start": 3515.819, "end": 3521.852, "text": "Well, the transfer review still had that need, that capacity need criterion in it.", "speaker": "Unidentified speaker" }, { "id": "cue-522", "start": 3522.239, "end": 3529.949, "text": "But again, the— as part of the transfer, there was a tax on the capacity that is no longer part of this process.", "speaker": "Unidentified speaker" }, { "id": "cue-523", "start": 3530.4, "end": 3530.982, "text": "And what did you—.", "speaker": "Unidentified speaker" }, { "id": "cue-524", "start": 3530.982, "end": 3534.041, "text": "Were mentioning earlier that the neighborhood would have some input.", "speaker": "Eric Zimmerman" }, { "id": "cue-525", "start": 3534.089, "end": 3536.63, "text": "So what do we consider the neighborhood in this conversation?", "speaker": "Eric Zimmerman" }, { "id": "cue-526", "start": 3538.46, "end": 3540.299, "text": "Who are we actually talking about?", "speaker": "Eric Zimmerman" }, { "id": "cue-527", "start": 3542.278, "end": 3542.784, "text": "Well, there's a—.", "speaker": "Tom Armstrong" }, { "id": "cue-528", "start": 3542.866, "end": 3546.758, "text": "Are we just doing the neighborhood boundary of Northwest or Linnton?", "speaker": "Eric Zimmerman" }, { "id": "cue-529", "start": 3548.65, "end": 3560.35, "text": "Yeah, there's an extensive list of neighborhood associations that receive notice and prior notice of this, you know, these pending applications.", "speaker": "Unidentified speaker" }, { "id": "cue-530", "start": 3560.944, "end": 3567.812, "text": "And that really kicks off the public process and for individuals to be aware of.", "speaker": "Unidentified speaker" }, { "id": "cue-531", "start": 3568.31, "end": 3570.974, "text": "So many neighborhoods, not just the?", "speaker": "Eric Zimmerman" }, { "id": "cue-532", "start": 3571.456, "end": 3571.921, "text": "Correct.", "speaker": "Mitch Green" }, { "id": "cue-533", "start": 3572.001, "end": 3572.194, "text": "Okay.", "speaker": "Olivia Clark" }, { "id": "cue-534", "start": 3579.403, "end": 3579.515, "text": "Okay.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-535", "start": 3579.58, "end": 3595.454, "text": "Um, and, and then I guess from BPS's perspective, do you consider this set of amendments that have been proposed to be large and significantly changing of the document?", "speaker": "Eric Zimmerman" }, { "id": "cue-536", "start": 3595.583, "end": 3602.205, "text": "Do you consider them stylistic Process or minor across the board?", "speaker": "Eric Zimmerman" }, { "id": "cue-537", "start": 3602.254, "end": 3607.72, "text": "I'm trying to get a sense of— you all put a lot of work, long time, long process.", "speaker": "Eric Zimmerman" }, { "id": "cue-538", "start": 3608.318, "end": 3618.005, "text": "And while it sounds like the councilors, the 5 who sponsored this, did some late-night work with you all, we're still talking about within the last couple of weeks versus the last couple of years.", "speaker": "Eric Zimmerman" }, { "id": "cue-539", "start": 3618.2, "end": 3629.027, "text": "And so I'm just trying to get a sense for the magnitude, if you will, of the amendments and how that lands upon BPS and your original product and where you're at now.", "speaker": "Eric Zimmerman" }, { "id": "cue-540", "start": 3629.075, "end": 3629.157, "text": "And I—.", "speaker": "Olivia Clark" }, { "id": "cue-541", "start": 3629.157, "end": 3629.368, "text": "Councilor Smith.", "speaker": "Robert Taylor" }, { "id": "cue-542", "start": 3630.123, "end": 3630.691, "text": "I just don't know.", "speaker": "Eric Zimmerman" }, { "id": "cue-543", "start": 3630.756, "end": 3633.448, "text": "There are a couple different flavors of amendments here.", "speaker": "Unidentified speaker" }, { "id": "cue-544", "start": 3633.529, "end": 3639.687, "text": "There's the policy amendments, the code content, and then some of the process changes.", "speaker": "Unidentified speaker" }, { "id": "cue-545", "start": 3639.736, "end": 3648.772, "text": "And I think the policy amendments, largely from a community perspective, I think are aimed at strengthening the wording to be firmer.", "speaker": "Unidentified speaker" }, { "id": "cue-546", "start": 3649.615, "end": 3652.015, "text": "And I would agree that that's what they've done.", "speaker": "Unidentified speaker" }, { "id": "cue-547", "start": 3653.79, "end": 3654.219, "text": "Um, do you think—.", "speaker": "Olivia Clark" }, { "id": "cue-548", "start": 3654.219, "end": 3663.075, "text": "Not a wholesale It's not a redirection of the general policy tilt, but it moves the firmness of the wording slightly further along the spectrum.", "speaker": "Unidentified speaker" }, { "id": "cue-549", "start": 3664.546, "end": 3673.671, "text": "The process improvements are, I think there are some improvements in this version that clean up some things that weren't clear in our version.", "speaker": "Unidentified speaker" }, { "id": "cue-550", "start": 3673.88, "end": 3678.002, "text": "So that's not a fundamental change, but it is, I think, helpful.", "speaker": "Unidentified speaker" }, { "id": "cue-551", "start": 3678.678, "end": 3682.493, "text": "I don't know if staff has anything else.", "speaker": "Unidentified speaker" }, { "id": "cue-552", "start": 3682.622, "end": 3684.183, "text": "I wouldn't say it's a wholesale pivot.", "speaker": "Unidentified speaker" }, { "id": "cue-553", "start": 3684.672, "end": 3686.786, "text": "It's strengthening some of the processes.", "speaker": "Unidentified speaker" }, { "id": "cue-554", "start": 3686.931, "end": 3704.228, "text": "Trying to get a little bit of a sense if— to the, to the, to the verbs and to the words and the descriptors that we are kind of talking about is how— so you all made a choice not to use those words originally, and now they are there.", "speaker": "Eric Zimmerman" }, { "id": "cue-555", "start": 3704.438, "end": 3713.498, "text": "I guess I'm trying to get a sense of, is that something that you think in a, in this type of document should be avoided, or actually it's good to include them?", "speaker": "Eric Zimmerman" }, { "id": "cue-556", "start": 3713.673, "end": 3722.487, "text": "And, and I'm I'm trying to understand the impact of these words because it sounds funny to argue over document, but a single word like shall does make differences.", "speaker": "Eric Zimmerman" }, { "id": "cue-557", "start": 3722.536, "end": 3725.874, "text": "I'm just trying to get a sense here 'cause you chose not to do it originally.", "speaker": "Eric Zimmerman" }, { "id": "cue-558", "start": 3727.189, "end": 3741.408, "text": "I might just jump in to say that I think that where the language landed on the policies, the verbs and the additional kind of color that was added to some of the policies, I don't think that we have any particular concerns about that.", "speaker": "Unidentified speaker" }, { "id": "cue-559", "start": 3741.456, "end": 3743.269, "text": "I think that they were fine.", "speaker": "Unidentified speaker" }, { "id": "cue-560", "start": 3743.317, "end": 3744.248, "text": "It was a good discussion.", "speaker": "Unidentified speaker" }, { "id": "cue-561", "start": 3745.329, "end": 3748.507, "text": "Us really kind of, you know, choose words very carefully.", "speaker": "Unidentified speaker" }, { "id": "cue-562", "start": 3748.572, "end": 3749.982, "text": "And I think it was a good process.", "speaker": "Unidentified speaker" }, { "id": "cue-563", "start": 3751.21, "end": 3751.307, "text": "Okay.", "speaker": "Dan Ryan" }, { "id": "cue-564", "start": 3751.729, "end": 3757.165, "text": "And then lastly, I guess there's a lot here that the colleagues put forward.", "speaker": "Eric Zimmerman" }, { "id": "cue-565", "start": 3759.028, "end": 3769.863, "text": "So maybe I've missed it, but are any of these from the city administration or BPS that you consider risky or that you would recommend not be adopted?", "speaker": "Eric Zimmerman" }, { "id": "cue-566", "start": 3774.29, "end": 3783.12, "text": "I think I would, I would just say that, um, the, the replacement review is something that obviously was not part of the original recommendation for the—.", "speaker": "Unidentified speaker" }, { "id": "cue-567", "start": 3783.12, "end": 3783.827, "text": "Is that number 10?", "speaker": "Eric Zimmerman" }, { "id": "cue-568", "start": 3784.244, "end": 3790.41, "text": "Um, yes, it's, uh, the 2— it's in, uh, Amendment 10.", "speaker": "Unidentified speaker" }, { "id": "cue-569", "start": 3790.747, "end": 3794.424, "text": "There are 2, um, the 2 review processes are in Amendment 10.", "speaker": "Unidentified speaker" }, { "id": "cue-570", "start": 3794.52, "end": 3797.764, "text": "We're talking about the the first one, the replacement review.", "speaker": "Unidentified speaker" }, { "id": "cue-571", "start": 3798.695, "end": 3813.47, "text": "Um, I think that the philosophy of, um, the staff going in was that we didn't want to create any additional— I mean, too much additional process, um, to get in the way of compliance with the DEQ seismic requirements.", "speaker": "Unidentified speaker" }, { "id": "cue-572", "start": 3813.711, "end": 3825.853, "text": "We, we do understand the objective of that review, which was, I think, described by the sponsors, which is that it is giving the community more say in that replacement and And it is giving more transparency to that replacement.", "speaker": "Unidentified speaker" }, { "id": "cue-573", "start": 3825.917, "end": 3829.274, "text": "So if that's the policy objective, it's moving that direction.", "speaker": "Unidentified speaker" }, { "id": "cue-574", "start": 3830.366, "end": 3832.455, "text": "I understand the policy objective from the people who wrote it.", "speaker": "Eric Zimmerman" }, { "id": "cue-575", "start": 3832.615, "end": 3835.346, "text": "I'm looking to you as a person and a group of people.", "speaker": "Eric Zimmerman" }, { "id": "cue-576", "start": 3835.491, "end": 3846.88, "text": "I'm trying to understand, like, from a non-advocacy perspective, I am trying to get a sense for, are there red flags in here that I can't understand unless you flag them for me, right?", "speaker": "Eric Zimmerman" }, { "id": "cue-577", "start": 3847.619, "end": 3852.273, "text": "And so what I'm hearing is that there is some concern around 10, That's the end of the sentence?", "speaker": "Eric Zimmerman" }, { "id": "cue-578", "start": 3853.539, "end": 3866.82, "text": "Yeah, I think as was described earlier, there has been an iterative process to hone this amendment to try and eliminate as many of those red flags as possible.", "speaker": "Unidentified speaker" }, { "id": "cue-579", "start": 3866.932, "end": 3874.157, "text": "And I think, you know, especially working with the City Attorney's Office, um, we've, we've gotten there to a point.", "speaker": "Unidentified speaker" }, { "id": "cue-580", "start": 3874.205, "end": 3881.927, "text": "There was a lot of give and take and, and wordsmithing, um, to try and get this into the best position possible.", "speaker": "Unidentified speaker" }, { "id": "cue-581", "start": 3888.968, "end": 3889.097, "text": "Okay.", "speaker": "Loretta Smith" }, { "id": "cue-582", "start": 3889.226, "end": 3890.21, "text": "Okay, thank you all.", "speaker": "Eric Zimmerman" }, { "id": "cue-583", "start": 3891.856, "end": 3892.679, "text": "Thank you, Councilor Zimmerman.", "speaker": "Jamie Dunphy" }, { "id": "cue-584", "start": 3892.825, "end": 3893.357, "text": "Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-585", "start": 3894.6, "end": 3895.584, "text": "Thank you, Council President.", "speaker": "Mitch Green" }, { "id": "cue-586", "start": 3895.665, "end": 3905.927, "text": "I, I just jumped back in the queue because I wanted to note through this discussion that, um, what you're seeing that has been moved is certainly not everything that the advocates wanted.", "speaker": "Mitch Green" }, { "id": "cue-587", "start": 3907.151, "end": 3911.046, "text": "They put forward some stuff that I think they felt really strong about.", "speaker": "Mitch Green" }, { "id": "cue-588", "start": 3912.486, "end": 3921.468, "text": "And after the iteration with staff, determinations were made to sort of say, we need to move forward with this.", "speaker": "Mitch Green" }, { "id": "cue-589", "start": 3921.677, "end": 3925.1, "text": "Let's take a second best, less perfect approach.", "speaker": "Mitch Green" }, { "id": "cue-590", "start": 3926.28, "end": 3927.786, "text": "We iterated with staff to get there.", "speaker": "Mitch Green" }, { "id": "cue-591", "start": 3927.867, "end": 3933.924, "text": "So this is just, I think, the outcome of a, you know, a land use process where we—.", "speaker": "Mitch Green" }, { "id": "cue-592", "start": 3933.924, "end": 3934.459, "text": "I think it's a good thing.", "speaker": "Steve Novick" }, { "id": "cue-593", "start": 3934.846, "end": 3935.382, "text": "Where we listen.", "speaker": "Mitch Green" }, { "id": "cue-594", "start": 3936.081, "end": 3936.667, "text": "So thanks.", "speaker": "Mitch Green" }, { "id": "cue-595", "start": 3938.423, "end": 3939.122, "text": "Thank you, Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-596", "start": 3939.317, "end": 3939.772, "text": "Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-597", "start": 3940.615, "end": 3941.021, "text": "Thank you.", "speaker": "Olivia Clark" }, { "id": "cue-598", "start": 3944.736, "end": 3985.195, "text": "Um, want to make sure, because I've, I've been in conversations with community about the hub, the CIE hub, and— but I want to know from BDS, how do you all plan to make sure that there is a— an attempt to reach out to diverse underserved, uh, residents, uh, to let them know about the seismic and the environmental hazards that, um, are going to happen when this change comes?", "speaker": "Loretta Smith" }, { "id": "cue-599", "start": 3985.948, "end": 3995.872, "text": "Because as I've been looking around in the room And I know who's come to talk to me, and I haven't had a diverse group of folks come and talk to me about this.", "speaker": "Loretta Smith" }, { "id": "cue-600", "start": 3996.467, "end": 4016.096, "text": "And so I want to make sure that BDS will be giving a thorough public kind of conversation to concentrate on the hazards in those undisturbed, and particularly those historically burdened neighborhoods.", "speaker": "Loretta Smith" }, { "id": "cue-601", "start": 4016.242, "end": 4024.248, "text": "And Councilor Zimmerman talked about who are we talking about, and no one talked about those folks.", "speaker": "Loretta Smith" }, { "id": "cue-602", "start": 4024.747, "end": 4033.459, "text": "So I want to have at least some sort of commitment that this is going to be something that you, you bring up.", "speaker": "Loretta Smith" }, { "id": "cue-603", "start": 4033.588, "end": 4040.651, "text": "I, you know, I know you can't control who comes here, but you can certainly control who you reach out to.", "speaker": "Loretta Smith" }, { "id": "cue-604", "start": 4040.699, "end": 4040.828, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-605", "start": 4042.805, "end": 4046.059, "text": "Councilor, again, for the record, Eric Engstrom, Director of BPS.", "speaker": "Eric Engstrom" }, { "id": "cue-606", "start": 4047.133, "end": 4063.917, "text": "In tandem with this code work, we have been sitting at a table, a multi-agency table with PBEM and state agencies continuing to try to coordinate better on the emergency response and hazard mitigation side of this.", "speaker": "Eric Engstrom" }, { "id": "cue-607", "start": 4064.11, "end": 4069.993, "text": "This is— the zoning is in particular about like how people build things on the ground.", "speaker": "Eric Engstrom" }, { "id": "cue-608", "start": 4070.057, "end": 4088.277, "text": "And so it doesn't get so much into the, the on-the-ground mitigation or public information about the hazards, but the table where we're talking with those agencies across that, the multi-agency effort to do better at the planning for emergency response, that's where that action is, I think.", "speaker": "Eric Engstrom" }, { "id": "cue-609", "start": 4088.839, "end": 4095.39, "text": "And so we're, regardless of what council does with these particular policy amendments, that dialogue is continuing.", "speaker": "Eric Engstrom" }, { "id": "cue-610", "start": 4096.53, "end": 4097.718, "text": "Can you talk about those?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-611", "start": 4099.035, "end": 4111.126, "text": "When you're talking about those multi-agency, I, I, I need you to talk to community-based organizations, not just state and federal tables where you can talk to people who, who understand.", "speaker": "Loretta Smith" }, { "id": "cue-612", "start": 4111.222, "end": 4128.62, "text": "I, I need you to, to, to reach out to folks who, who are from those historically underserved communities who have no idea, even though they, they may know that it, it, it is an urgent matter, but they don't know in great detail what is going on.", "speaker": "Loretta Smith" }, { "id": "cue-613", "start": 4129.278, "end": 4133.543, "text": "And so I think just talk— keep talking to ourselves, that's not going to do it.", "speaker": "Loretta Smith" }, { "id": "cue-614", "start": 4133.784, "end": 4141.786, "text": "And depending on these multi-agencies to go out into community, I think that we can do better.", "speaker": "Loretta Smith" }, { "id": "cue-615", "start": 4141.882, "end": 4151.465, "text": "We know better, and we should be doing that, um, because we're talking to the same people who are here.", "speaker": "Loretta Smith" }, { "id": "cue-616", "start": 4152.16, "end": 4157.368, "text": "Look around the room to see who's here and then look to see who's not here.", "speaker": "Loretta Smith" }, { "id": "cue-617", "start": 4157.724, "end": 4160.269, "text": "That's what I always do, to look to see who is not here.", "speaker": "Loretta Smith" }, { "id": "cue-618", "start": 4161.91, "end": 4162.247, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-619", "start": 4162.729, "end": 4163.05, "text": "Thank you.", "speaker": "Eric Engstrom" }, { "id": "cue-620", "start": 4163.532, "end": 4164.319, "text": "Thank you, Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-621", "start": 4164.496, "end": 4166.006, "text": "Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-622", "start": 4167.002, "end": 4168.255, "text": "Thank you, Council President.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-623", "start": 4168.352, "end": 4173.878, "text": "And, um, Councilor Novick, Councilor Zimmerman, I want to thank you guys for pushing on some of those questions.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-624", "start": 4176.455, "end": 4192.501, "text": "There, um, when we have a process like this, I think it's really important to air the specific changes and to make sure we have as much clarity as possible about the trade-offs that were considered and that are being considered between the underlying and the amendment.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-625", "start": 4193.287, "end": 4196.881, "text": "I just want to speak to the process on this a little bit.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-626", "start": 4197.395, "end": 4202.963, "text": "There's a lot of different ways to go about thinking about what our roles are when it comes to policymaking.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-627", "start": 4203.652, "end": 4223.231, "text": "But one of the things that I think is an important tool that we have and that we certainly used here was being able to take 2 pieces of information that are both raising really important concerns and sit folks down together to figure out how to crosswalk them.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-628", "start": 4224.081, "end": 4236.285, "text": "And in this case, we saw feedback from a number of different stakeholder groups who were, who felt like the underlying was missing some pieces.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-629", "start": 4237.732, "end": 4252.062, "text": "And as much as those folks have been working on this for years, and there are many experts in that community, I wanted to know what the impact would be on implementation from our bureau.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-630", "start": 4252.288, "end": 4259.143, "text": "I wanted to know what our attorneys who work with our land use laws every day thought about some of those changes.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-631", "start": 4260.12, "end": 4269.894, "text": "And so there was a whole process of walking back and forth to say, okay, here's what folks who would like to see a higher bar for safety are asking about.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-632", "start": 4269.975, "end": 4270.616, "text": "Does it work?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-633", "start": 4271.192, "end": 4272.795, "text": "If it doesn't work, why not?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-634", "start": 4273.019, "end": 4274.541, "text": "How could we make it work?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-635", "start": 4275.599, "end": 4281.495, "text": "If there are fundamental underlying concerns with the approach, is there another approach that could reach those same goals?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-636", "start": 4282.232, "end": 4295.564, "text": "And there were multiple rounds of us, your colleagues, walking these pieces back and forth to try to get to something that could withstand, frankly, the questioning up here, the really important questioning up here.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-637", "start": 4295.644, "end": 4309.281, "text": "So, um, I just want to note that that was part of this process, that this was not taking one person's suggestion and saying we're going to run with it, but it was a very iterative process.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-638", "start": 4309.393, "end": 4322.921, "text": "And I want to thank the Bureau for being Honest about the places where you still have some concerns, but also clear about the places where we were able to figure out how to meet some additional safety goals without raising red flags from your perspective.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-639", "start": 4323.325, "end": 4325.428, "text": "I think that's where good policy is made.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-640", "start": 4327.99, "end": 4331.823, "text": "I also, Councilor Smith, want to thank you for bringing up the concerns you did.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-641", "start": 4331.92, "end": 4336.109, "text": "And at one point when we were looking at notification, we were looking at a longer list.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-642", "start": 4337.192, "end": 4340.373, "text": "But to name each organization doesn't withstand the test of time.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-643", "start": 4341.032, "end": 4347.765, "text": "And to name wholesale categories that could have 100 organizations within them doesn't withstand the test of practicality.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-644", "start": 4348.424, "end": 4358.611, "text": "And so we narrowed to the list that you see, which is the neighborhood associations and a few educational institutions, as well as broadly distributed newspapers.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-645", "start": 4359.446, "end": 4362.805, "text": "But that doesn't have to be the only places notice are received.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-646", "start": 4362.853, "end": 4362.917, "text": "Okay.", "speaker": "Angelita Morillo" }, { "id": "cue-647", "start": 4363.608, "end": 4375.314, "text": "And I think it is incumbent upon all of us who represent these districts to make sure that we are flagging this for other organizations as well so that they know to be on the lookout for it.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-648", "start": 4375.924, "end": 4404.195, "text": "So I just want to say I am happy to work with you and with others to figure out who needs to be on our team's list and hopefully sit down with the Bureau after this is passed and think about who else might be able to be on Voluntary notification lists, even if they are not spelled out in the language here, because those, those individual organizations may ebb and flow in terms of who the right people are to reach out to over time.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-649", "start": 4406.51, "end": 4407.411, "text": "Thank you, Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-650", "start": 4407.895, "end": 4408.539, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-651", "start": 4409.408, "end": 4410.229, "text": "Thank you, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-652", "start": 4410.455, "end": 4430.095, "text": "I just want to say that I, if I thought we'd get support, I'd be inclined to offer an amendment on the replacement tank issue to go from Type 2 to— Type 3 to Type 2 because of the concern about slowing down compliance with the DEQ requirements and pushing, potentially pushing the companies to go with containment rather than new tanks.", "speaker": "Steve Novick" }, { "id": "cue-653", "start": 4430.576, "end": 4436.684, "text": "But I'm not going to offer that amendment to waste time in an 11 to 1 or 10 to 2 vote.", "speaker": "Steve Novick" }, { "id": "cue-654", "start": 4436.764, "end": 4441.637, "text": "So I'll just say that if anybody other than Councilor Zimmerman or myself wants to offer that amendment, I'd second it.", "speaker": "Steve Novick" }, { "id": "cue-655", "start": 4442.904, "end": 4443.785, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-656", "start": 4446.355, "end": 4452.186, "text": "Okay, colleagues, seeing no one else in the queue, Keelan, can we move towards a vote?", "speaker": "Jamie Dunphy" }, { "id": "cue-657", "start": 4453.722, "end": 4454.097, "text": "This is—.", "speaker": "Keelan McClymont" }, { "id": "cue-658", "start": 4454.781, "end": 4455.465, "text": "Oh, all right.", "speaker": "Unidentified speaker" }, { "id": "cue-659", "start": 4455.677, "end": 4459.814, "text": "Oh, these are moved as a single amendment right now, currently, unless there's a motion to separate.", "speaker": "Jamie Dunphy" }, { "id": "cue-660", "start": 4461.142, "end": 4465.389, "text": "So, question for information, it's just the Title 33 amendments though?", "speaker": "Sameer Kanal" }, { "id": "cue-661", "start": 4466.531, "end": 4466.756, "text": "Yes.", "speaker": "Unidentified speaker" }, { "id": "cue-662", "start": 4467.577, "end": 4477.071, "text": "No, it's the same as the plan comp plan policies and the Title 33 Council President, may I jump in here?", "speaker": "Unidentified speaker" }, { "id": "cue-663", "start": 4477.151, "end": 4477.376, "text": "Please.", "speaker": "Jamie Dunphy" }, { "id": "cue-664", "start": 4478.034, "end": 4493.404, "text": "Colleagues, the way that this is written lists different— they're listed as amendments, but different sections so that it was easier for us to follow during debate and discussion, so it was easier for our staff to walk through everything that's in there.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-665", "start": 4494.03, "end": 4509.131, "text": "But what we've done is presented a— I hate to use the word comprehensive because we have the Comp Plan also, but I will— a comprehensive singular amendment that is filed together with those different subsections for each of the items on the agenda.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-666", "start": 4509.228, "end": 4524.708, "text": "So one amendment for agenda item 9, which affects Title 33 in the comp plan, and one amendment for agenda item 10, or document 2026-312, which affects Title 17.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-667", "start": 4526.984, "end": 4533.312, "text": "So can we just clarify that The next vote is on Title 17 after this.", "speaker": "Olivia Clark" }, { "id": "cue-668", "start": 4533.409, "end": 4537.968, "text": "The current vote is the amendment on comp plan and Title 33.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-669", "start": 4538.097, "end": 4544.098, "text": "I will defer to the council president on what he plans to do with Title 17 depending on how we do with the underlying today.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-670", "start": 4545.899, "end": 4547.384, "text": "It will be sequentially next, yes.", "speaker": "Jamie Dunphy" }, { "id": "cue-671", "start": 4547.481, "end": 4548.967, "text": "Okay, thank you.", "speaker": "Olivia Clark" }, { "id": "cue-672", "start": 4549.032, "end": 4551.147, "text": "But we haven't formally moved it, therefore we can't formally—.", "speaker": "Jamie Dunphy" }, { "id": "cue-673", "start": 4551.147, "end": 4551.922, "text": "Gotcha, gotcha, gotcha.", "speaker": "Olivia Clark" }, { "id": "cue-674", "start": 4552.003, "end": 4552.294, "text": "Yes.", "speaker": "Jamie Dunphy" }, { "id": "cue-675", "start": 4552.924, "end": 4555.639, "text": "Okay, and Vice President Clark, do you have any Further?", "speaker": "Jamie Dunphy" }, { "id": "cue-676", "start": 4555.703, "end": 4555.865, "text": "Okay.", "speaker": "Olivia Clark" }, { "id": "cue-677", "start": 4556.43, "end": 4557.383, "text": "Keelan, could we please call the roll?", "speaker": "Jamie Dunphy" }, { "id": "cue-678", "start": 4558.595, "end": 4567.391, "text": "Yep, this is the roll call vote on the amendment, uh, Green, Pirtle-Guiney, Kanal, Clark, Koyama Lane 2, moved by Green, seconded by Clark.", "speaker": "Keelan McClymont" }, { "id": "cue-679", "start": 4567.955, "end": 4571.691, "text": "Clark?", "speaker": "Keelan McClymont" }, { "id": "cue-680", "start": 4572.721, "end": 4574.559, "text": "Oh, I'm not used to this yet.", "speaker": "Olivia Clark" }, { "id": "cue-681", "start": 4575.127, "end": 4575.176, "text": "Aye.", "speaker": "Olivia Clark" }, { "id": "cue-682", "start": 4576.994, "end": 4577.302, "text": "Green?", "speaker": "Keelan McClymont" }, { "id": "cue-683", "start": 4577.805, "end": 4577.984, "text": "Aye.", "speaker": "Mitch Green" }, { "id": "cue-684", "start": 4578.47, "end": 4578.925, "text": "Zimmerman?", "speaker": "Keelan McClymont" }, { "id": "cue-685", "start": 4590.271, "end": 4590.287, "text": "Aye.", "speaker": "Eric Zimmerman" }, { "id": "cue-686", "start": 4592.713, "end": 4592.746, "text": "Aye.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-687", "start": 4595.599, "end": 4595.744, "text": "Aye.", "speaker": "Sameer Kanal" }, { "id": "cue-688", "start": 4597.048, "end": 4597.096, "text": "Aye.", "speaker": "Tiffany Koyama Lane" }, { "id": "cue-689", "start": 4600.108, "end": 4600.236, "text": "Aye.", "speaker": "Angelita Morillo" }, { "id": "cue-690", "start": 4600.993, "end": 4601.042, "text": "Aye.", "speaker": "Loretta Smith" }, { "id": "cue-691", "start": 4602.362, "end": 4602.539, "text": "Aye.", "speaker": "Loretta Smith" }, { "id": "cue-692", "start": 4607.358, "end": 4607.374, "text": "Aye.", "speaker": "Dan Ryan" }, { "id": "cue-693", "start": 4608.331, "end": 4610.471, "text": "Subject to my foregoing reservations, aye.", "speaker": "Steve Novick" }, { "id": "cue-694", "start": 4614.25, "end": 4614.282, "text": "Aye.", "speaker": "Dan Ryan" }, { "id": "cue-695", "start": 4614.768, "end": 4617.164, "text": "The amendment is approved with a vote of 12 ayes.", "speaker": "Keelan McClymont" }, { "id": "cue-696", "start": 4617.909, "end": 4619.026, "text": "Thank you, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-697", "start": 4619.463, "end": 4621.536, "text": "I understand there are some additional amendments to this.", "speaker": "Jamie Dunphy" }, { "id": "cue-698", "start": 4622.87, "end": 4624.639, "text": "Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-699", "start": 4627.003, "end": 4628.032, "text": "Thank you, Council President.", "speaker": "Mitch Green" }, { "id": "cue-700", "start": 4628.193, "end": 4641.038, "text": "Um, I filed Green 1 Because, you know, when you work together on an amendment, I think it's important to keep fidelity to the things that you all agree with and the things that you work together on.", "speaker": "Mitch Green" }, { "id": "cue-701", "start": 4642.654, "end": 4657.385, "text": "I think there's a little bit of difference between my risk— I think my risk appetite on the fuel aviation exemption piece, that's the 5% in the Title 33 that we just amended.", "speaker": "Mitch Green" }, { "id": "cue-702", "start": 4657.45, "end": 4657.515, "text": "Yes.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-703", "start": 4658.684, "end": 4661.643, "text": "I'm far more skeptical of the modeling that shows we have that need.", "speaker": "Mitch Green" }, { "id": "cue-704", "start": 4662.323, "end": 4667.869, "text": "And so I was willing to file something on this separate piece, not to sort of intermingle that with the rest of what we worked on.", "speaker": "Mitch Green" }, { "id": "cue-705", "start": 4669.736, "end": 4671.321, "text": "And that's what I would like to move now.", "speaker": "Mitch Green" }, { "id": "cue-706", "start": 4672.162, "end": 4678.602, "text": "And I won't drag us through the mud for a long debate if there's not support for this, but I would like to just talk about why, why I'm doing this.", "speaker": "Mitch Green" }, { "id": "cue-707", "start": 4680.069, "end": 4681.313, "text": "So Green 1 is simply—.", "speaker": "Mitch Green" }, { "id": "cue-708", "start": 4681.313, "end": 4682.259, "text": "Councilor Smith.", "speaker": "Keelan McClymont" }, { "id": "cue-709", "start": 4683.978, "end": 4688.654, "text": "On the website, it's Green 1, Version 2, which depended upon the order in which we took this up.", "speaker": "Mitch Green" }, { "id": "cue-710", "start": 4688.734, "end": 4693.41, "text": "But all it does is strike the unless the expansion is for the storage of aviation fuel.", "speaker": "Mitch Green" }, { "id": "cue-711", "start": 4693.651, "end": 4702.665, "text": "If the expansion is for the storage of aviation fuel, the total demand of expanded storage tank capacity cannot exceed 5% more than the storage tank capacity that existed before.", "speaker": "Mitch Green" }, { "id": "cue-712", "start": 4702.778, "end": 4709.108, "text": "And so I think what we just passed was great, and it was— I think it limits us to the 20% expansion.", "speaker": "Mitch Green" }, { "id": "cue-713", "start": 4709.237, "end": 4709.285, "text": "Okay.", "speaker": "Dan Ryan" }, { "id": "cue-714", "start": 4709.382, "end": 4710.938, "text": "That we have been talking about.", "speaker": "Mitch Green" }, { "id": "cue-715", "start": 4712.11, "end": 4720.194, "text": "But I have been— I have had reservations on the evidence in the record on the fuel demand since the beginning of this process.", "speaker": "Mitch Green" }, { "id": "cue-716", "start": 4721.85, "end": 4733.302, "text": "I don't think it's credible to say that there's gonna be as much growth in aviation fuel as we see in the record because that modeling depends upon a world where—.", "speaker": "Mitch Green" }, { "id": "cue-717", "start": 4734.334, "end": 4734.785, "text": "I'm sorry.", "speaker": "Loretta Smith" }, { "id": "cue-718", "start": 4735.152, "end": 4737.528, "text": "Aviation fuel prices are much less expensive.", "speaker": "Mitch Green" }, { "id": "cue-719", "start": 4737.641, "end": 4740.289, "text": "I think more than half as expensive as they are today.", "speaker": "Mitch Green" }, { "id": "cue-720", "start": 4740.835, "end": 4745.266, "text": "And demand for flights is a function of the price of a ticket.", "speaker": "Mitch Green" }, { "id": "cue-721", "start": 4745.747, "end": 4748.765, "text": "And airlines are low-margin operations.", "speaker": "Mitch Green" }, { "id": "cue-722", "start": 4749.6, "end": 4752.634, "text": "And so when the cost of fuel goes up, the cost of airline tickets go up.", "speaker": "Mitch Green" }, { "id": "cue-723", "start": 4753.613, "end": 4761.768, "text": "And the economic research shows that for short-haul air flying, for short-haul flights, consumers are highly responsive to pricing.", "speaker": "Mitch Green" }, { "id": "cue-724", "start": 4761.865, "end": 4762.009, "text": "Thank you.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-725", "start": 4763.241, "end": 4766.981, "text": "So they will drive to Seattle instead of flying to Seattle.", "speaker": "Mitch Green" }, { "id": "cue-726", "start": 4767.046, "end": 4770.786, "text": "They will drive to Northern California instead of flying to Northern California.", "speaker": "Mitch Green" }, { "id": "cue-727", "start": 4770.834, "end": 4775.015, "text": "And so I don't think there is the need to sustain this exemption carve-out.", "speaker": "Mitch Green" }, { "id": "cue-728", "start": 4775.7, "end": 4786.708, "text": "And so because of that, I'm moving this amendment to bring it, I think, a little closer in line with the desire to kind of limit the expansion overall there as a hub.", "speaker": "Mitch Green" }, { "id": "cue-729", "start": 4786.757, "end": 4787.55, "text": "And I would, I would ask for a second.", "speaker": "Mitch Green" }, { "id": "cue-730", "start": 4787.6, "end": 4787.716, "text": "Second.", "speaker": "Sameer Kanal" }, { "id": "cue-731", "start": 4787.766, "end": 4787.883, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-732", "start": 4787.98, "end": 4788.236, "text": "Second.", "speaker": "Sameer Kanal" }, { "id": "cue-733", "start": 4788.301, "end": 4788.702, "text": "Second.", "speaker": "Unidentified speaker" }, { "id": "cue-734", "start": 4789.152, "end": 4793.872, "text": "Okay, Councilor Green moves Green 1, and I believe I heard Councilor Kanal first as a second.", "speaker": "Jamie Dunphy" }, { "id": "cue-735", "start": 4794.996, "end": 4797.357, "text": "Colleagues, we are now in discussion of Green 1.", "speaker": "Jamie Dunphy" }, { "id": "cue-736", "start": 4797.886, "end": 4799.171, "text": "Councilor Clark— Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-737", "start": 4799.733, "end": 4802.254, "text": "I'm sorry, I, um, was not going to speak to this.", "speaker": "Olivia Clark" }, { "id": "cue-738", "start": 4802.463, "end": 4808.821, "text": "I don't think I'm on something else on the overall 17, but I am waiting to see the amendment.", "speaker": "Olivia Clark" }, { "id": "cue-739", "start": 4808.869, "end": 4810.057, "text": "I haven't seen Green 1.", "speaker": "Olivia Clark" }, { "id": "cue-740", "start": 4810.427, "end": 4810.957, "text": "It's a refund.", "speaker": "Jamie Dunphy" }, { "id": "cue-741", "start": 4811.679, "end": 4812.466, "text": "Okay, sorry.", "speaker": "Olivia Clark" }, { "id": "cue-742", "start": 4813.963, "end": 4815.241, "text": "Okay, thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-743", "start": 4817.588, "end": 4818.785, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-744", "start": 4820.566, "end": 4822.524, "text": "Sorry, thanks, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-745", "start": 4822.848, "end": 4824.97, "text": "Sorry, this is a further amendment to 33?", "speaker": "Steve Novick" }, { "id": "cue-746", "start": 4825.586, "end": 4825.764, "text": "Yeah.", "speaker": "Mitch Green" }, { "id": "cue-747", "start": 4825.91, "end": 4827.643, "text": "Okay, just to clarify that.", "speaker": "Steve Novick" }, { "id": "cue-748", "start": 4827.692, "end": 4842.408, "text": "Section— it's 33, it's the approval criteria, it's 33.870.060, and it was sub-item C that sort of created a 5% expansion allowance for aviation fuel.", "speaker": "Mitch Green" }, { "id": "cue-749", "start": 4843.483, "end": 4846.405, "text": "And so now I'm trying to sort of remove a little bit of that.", "speaker": "Mitch Green" }, { "id": "cue-750", "start": 4847.48, "end": 4847.834, "text": "Okay.", "speaker": "Steve Novick" }, { "id": "cue-751", "start": 4847.994, "end": 4859.97, "text": "I'm going to make a comment I'll probably make again with regard to Title 17, but I just want to note that we've already heard that industry folks are writing to legislators now saying that Portland is going to take away our fuel.", "speaker": "Steve Novick" }, { "id": "cue-752", "start": 4860.725, "end": 4864.545, "text": "And I am worried about legislative preemption of what we do.", "speaker": "Steve Novick" }, { "id": "cue-753", "start": 4865.38, "end": 4881.726, "text": "And I think that if we Do anything further with the aviation, it increases the risk that Alaska Airlines will run to the legislature and say, well, we were going to have direct flights to Seoul, but Portland's thing about fuel is preventing us from doing that.", "speaker": "Steve Novick" }, { "id": "cue-754", "start": 4882.287, "end": 4888.872, "text": "And I'm afraid that if the legislature is goaded to doing something to override us on that, then they might override us on everything else too.", "speaker": "Steve Novick" }, { "id": "cue-755", "start": 4889.433, "end": 4898.935, "text": "So I just think that doing— messing with aviation fuel, whether there are these projections of increased demand, increases the risk of our being overridden on the whole thing.", "speaker": "Steve Novick" }, { "id": "cue-756", "start": 4900.329, "end": 4901.13, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-757", "start": 4901.547, "end": 4903.149, "text": "Uh, colleagues, I put myself in the queue.", "speaker": "Jamie Dunphy" }, { "id": "cue-758", "start": 4903.838, "end": 4906.097, "text": "Um, I'm not going to be able to be supportive of this amendment.", "speaker": "Jamie Dunphy" }, { "id": "cue-759", "start": 4906.322, "end": 4910.28, "text": "Um, I am convinced by our friends at the port that, uh, aviation fuel is different.", "speaker": "Jamie Dunphy" }, { "id": "cue-760", "start": 4910.568, "end": 4915.103, "text": "Um, first of all, uh, PDX is the largest single employer in District 1.", "speaker": "Jamie Dunphy" }, { "id": "cue-761", "start": 4915.696, "end": 4916.689, "text": "Um, it is beautiful.", "speaker": "Jamie Dunphy" }, { "id": "cue-762", "start": 4916.817, "end": 4918.211, "text": "I went through it twice in the last week.", "speaker": "Jamie Dunphy" }, { "id": "cue-763", "start": 4918.9, "end": 4928.275, "text": "Um, they wouldn't have put the amount of money and time and energy into that Airport if it weren't expected to welcome millions of new additional guests to our city.", "speaker": "Jamie Dunphy" }, { "id": "cue-764", "start": 4929.97, "end": 4936.419, "text": "And so for that reason, I am convinced that, or by the argument that aviation fuel should be treated differently.", "speaker": "Jamie Dunphy" }, { "id": "cue-765", "start": 4936.467, "end": 4940.5, "text": "So I will be a no on this amendment.", "speaker": "Jamie Dunphy" }, { "id": "cue-766", "start": 4941.436, "end": 4942.662, "text": "Thank you, Council President.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-767", "start": 4942.969, "end": 4967.265, "text": "You know, as we were working through this amendment process, I was looking for ways that we could keep things consistent, keep things, um, as easy to navigate as possible, and keep a total cap on the amount of fuel in the, in the CEI hub that lowers over time to reduce risk.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-768", "start": 4967.911, "end": 4984.671, "text": "And one of the conversations that I had with our staff, because those conversations with our experts at the city are really important, was about the timing for the reduction in the use of other fuel types and the increase in the use of aviation fuel.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-769", "start": 4985.521, "end": 5002.537, "text": "And I became convinced in those conversations that we have a short-term problem where over the long term we may see the amount of reduction— we're betting on seeing the amount of reduction in our other fuels that will create space for the expansion we know is going to occur in aviation fuel.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-770", "start": 5002.601, "end": 5002.729, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-771", "start": 5003.067, "end": 5012.592, "text": "Uh, needs, storage needs in our region, but that in the short term, that increase in aviation fuel might outpace the reduction in other fuel types.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-772", "start": 5013.347, "end": 5020.27, "text": "And this 5% language was meant to allow for that short-term capacity need.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-773", "start": 5021.154, "end": 5023.194, "text": "I think it's important that we keep it in there.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-774", "start": 5024.029, "end": 5030.856, "text": "A few of my colleagues have spoken to the people, but I want to note that in 2025, 200,000 metric Thank you.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-775", "start": 5030.904, "end": 5032.812, "text": "We have 2.5 million tons of goods moved through our airport.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-776", "start": 5033.517, "end": 5052.962, "text": "And when we're talking about our economy, and when we're talking about having an economy where we make things that we're able to trade with other places so that we can bring more money into our economy, grow wages, build wealth for people who live here, we have to be able to get those things we make to other places.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-777", "start": 5053.7, "end": 5055.864, "text": "And the airport is one of the ways we do that.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-778", "start": 5057.403, "end": 5060.308, "text": "A way we do that without relying solely on trucks on our roads.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-779", "start": 5060.693, "end": 5068.429, "text": "So I think it's important that we take seriously that short-term rub for aviation fuel.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-780", "start": 5069.119, "end": 5075.394, "text": "I appreciate, Councilor Green, that you did this separately from the amendment so we could all be on the same page in that broader amendment.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-781", "start": 5076.02, "end": 5079.792, "text": "But that's the reason that I couldn't support it there and can't support it separately either.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-782", "start": 5080.033, "end": 5082.007, "text": "Thank you, Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-783", "start": 5082.263, "end": 5082.841, "text": "Councilor Knoll.", "speaker": "Jamie Dunphy" }, { "id": "cue-784", "start": 5084.658, "end": 5085.891, "text": "Thank you, Council President.", "speaker": "Sameer Kanal" }, { "id": "cue-785", "start": 5085.972, "end": 5097.333, "text": "I'll just note that, um, in the event that this amendment were to pass, there'd still be the possibility of increasing aviation fuel, just require more aggressive drawdown in other types of fuel.", "speaker": "Sameer Kanal" }, { "id": "cue-786", "start": 5098.236, "end": 5117.588, "text": "Um, so I think in terms of the demand growth, regardless of where one's at on the different modeling, um, increasing the allowable capacity as a separate category is, is different Structurally, but if we were to keep it together, meaning pass this amendment, one could still increase the amount of aviation fuel.", "speaker": "Sameer Kanal" }, { "id": "cue-787", "start": 5117.636, "end": 5122.604, "text": "It would just require more of the other types being reduced.", "speaker": "Sameer Kanal" }, { "id": "cue-788", "start": 5122.799, "end": 5125.262, "text": "And I think that's kind of a good thing for everyone.", "speaker": "Sameer Kanal" }, { "id": "cue-789", "start": 5126.424, "end": 5132.605, "text": "So that's the reason I'm supportive of this, among the many others that Councilor Green already laid out.", "speaker": "Sameer Kanal" }, { "id": "cue-790", "start": 5133.511, "end": 5140.679, "text": "But given that it appeared that there's not really a path here, I'd request that the council president close the queue on this one.", "speaker": "Sameer Kanal" }, { "id": "cue-791", "start": 5143.304, "end": 5144.394, "text": "Thank you, Councilor Knoll.", "speaker": "Jamie Dunphy" }, { "id": "cue-792", "start": 5144.811, "end": 5150.117, "text": "Uh, after Councilor Smith goes, I will limit debate in the queue to— on the discussion on this.", "speaker": "Jamie Dunphy" }, { "id": "cue-793", "start": 5150.342, "end": 5151.768, "text": "So, Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-794", "start": 5152.923, "end": 5157.027, "text": "Oh yeah, I mean, after— I will limit the debate to those who are in the queue after Councilor Smith ends.", "speaker": "Jamie Dunphy" }, { "id": "cue-795", "start": 5157.492, "end": 5158.053, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-796", "start": 5158.357, "end": 5160.618, "text": "Um, I agree with Council President.", "speaker": "Loretta Smith" }, { "id": "cue-797", "start": 5160.762, "end": 5166.469, "text": "Um, aviation fuel is different, and I will not be supporting this amendment.", "speaker": "Loretta Smith" }, { "id": "cue-798", "start": 5167.19, "end": 5167.575, "text": "Thank you.", "speaker": "Robert Taylor" }, { "id": "cue-799", "start": 5168.463, "end": 5170.886, "text": "Okay, colleagues, I'm limiting debate to those who are in the queue right now.", "speaker": "Jamie Dunphy" }, { "id": "cue-800", "start": 5171.048, "end": 5171.581, "text": "Councilor Ryan.", "speaker": "Jamie Dunphy" }, { "id": "cue-801", "start": 5178.492, "end": 5179.152, "text": "There we go.", "speaker": "Dan Ryan" }, { "id": "cue-802", "start": 5179.587, "end": 5181.181, "text": "Um, sorry for my delays.", "speaker": "Dan Ryan" }, { "id": "cue-803", "start": 5181.438, "end": 5183.789, "text": "I really appreciate what Council President said.", "speaker": "Dan Ryan" }, { "id": "cue-804", "start": 5184.417, "end": 5185.608, "text": "Thank you very much for that.", "speaker": "Dan Ryan" }, { "id": "cue-805", "start": 5186.297, "end": 5195.236, "text": "And, um, I also want to just add that we also saw this week that Travel Portland's investing $4.5 million to get, uh, PDX Nonstop flights to Asia.", "speaker": "Dan Ryan" }, { "id": "cue-806", "start": 5196.182, "end": 5200.64, "text": "We just can't afford to jeopardize jobs and tourism to our city and state when we are struggling right now.", "speaker": "Dan Ryan" }, { "id": "cue-807", "start": 5201.169, "end": 5207.248, "text": "So it's imperative that we continue to provide an exception, an exemption for aviation fuel.", "speaker": "Dan Ryan" }, { "id": "cue-808", "start": 5207.424, "end": 5207.664, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-809", "start": 5208.771, "end": 5209.397, "text": "Thank you, Councilor Ryan.", "speaker": "Jamie Dunphy" }, { "id": "cue-810", "start": 5209.589, "end": 5210.214, "text": "Councilor Murillo.", "speaker": "Jamie Dunphy" }, { "id": "cue-811", "start": 5211.177, "end": 5211.594, "text": "Thank you.", "speaker": "Angelita Morillo" }, { "id": "cue-812", "start": 5211.674, "end": 5214.128, "text": "I'll be quick because it's clear that this amendment is going to fail.", "speaker": "Angelita Morillo" }, { "id": "cue-813", "start": 5214.224, "end": 5216.469, "text": "But thank you, Councilor Green, for bringing this forward.", "speaker": "Angelita Morillo" }, { "id": "cue-814", "start": 5216.581, "end": 5218.923, "text": "And thank you to the advocates for asking for it as well.", "speaker": "Angelita Morillo" }, { "id": "cue-815", "start": 5219.678, "end": 5232.072, "text": "Back when we were— when we had a climate committee, something that we discussed was that these renewable fuels that are painted to be better are not necessarily better because of how they're produced and the carbon offsets that happen in that entire cycle.", "speaker": "Angelita Morillo" }, { "id": "cue-816", "start": 5233.133, "end": 5240.603, "text": "So I think that sustainable aviation is not necessarily going to create the carbon evasion that we actually want to happen.", "speaker": "Angelita Morillo" }, { "id": "cue-817", "start": 5243.479, "end": 5249.954, "text": "I also think that, yes, I appreciate all the beautiful changes that were made to our airport, the attempts to uplift our economy.", "speaker": "Angelita Morillo" }, { "id": "cue-818", "start": 5250.5, "end": 5257.664, "text": "And also, all of that happened before the President of the United States entered us into a very long losing war.", "speaker": "Angelita Morillo" }, { "id": "cue-819", "start": 5258.612, "end": 5261.872, "text": "And so there have just been a lot of changes that have happened economically.", "speaker": "Angelita Morillo" }, { "id": "cue-820", "start": 5262.45, "end": 5266.225, "text": "Our visits internationally are greatly reduced.", "speaker": "Angelita Morillo" }, { "id": "cue-821", "start": 5267.044, "end": 5270.096, "text": "People are not coming to the US the way they used to in general.", "speaker": "Angelita Morillo" }, { "id": "cue-822", "start": 5270.562, "end": 5276.023, "text": "And so I think that we should account for that, the new things that have happened in this time for this amendment.", "speaker": "Angelita Morillo" }, { "id": "cue-823", "start": 5276.071, "end": 5276.344, "text": "So I'll be voting no.", "speaker": "Angelita Morillo" }, { "id": "cue-824", "start": 5276.393, "end": 5276.569, "text": "Councilor Smith.", "speaker": "Dan Ryan" }, { "id": "cue-825", "start": 5276.746, "end": 5277.777, "text": "I will be supportive of it.", "speaker": "Angelita Morillo" }, { "id": "cue-826", "start": 5277.89, "end": 5282.207, "text": "I appreciate the attempts to do everything we can to draw down those fuels.", "speaker": "Angelita Morillo" }, { "id": "cue-827", "start": 5283.29, "end": 5283.937, "text": "Thank you, Councilor Morillo.", "speaker": "Jamie Dunphy" }, { "id": "cue-828", "start": 5284.293, "end": 5284.908, "text": "Councilor Avalos.", "speaker": "Jamie Dunphy" }, { "id": "cue-829", "start": 5286.623, "end": 5287.059, "text": "Thank you.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-830", "start": 5287.205, "end": 5290.571, "text": "Yeah, I really struggled with this.", "speaker": "Candace Avalos" }, { "id": "cue-831", "start": 5290.829, "end": 5297.072, "text": "I have been struggling with this because I genuinely do see the argument on each side of it.", "speaker": "Candace Avalos" }, { "id": "cue-832", "start": 5298.682, "end": 5304.825, "text": "Obviously, as a District 1 councilor, I'm concerned about preserving jobs in our district and at the airport.", "speaker": "Candace Avalos" }, { "id": "cue-833", "start": 5305.888, "end": 5315.092, "text": "I asked about, you know, I wanted to understand what it— the actual impact would be on jobs, and I got the answer, and I don't know how I feel about the answer.", "speaker": "Candace Avalos" }, { "id": "cue-834", "start": 5315.204, "end": 5324.986, "text": "I think sure, maybe, um, but I do think that there is a case for, um, making this amendment based on what Councilor Kanal just said, so I won't repeat that.", "speaker": "Candace Avalos" }, { "id": "cue-835", "start": 5325.531, "end": 5334.719, "text": "Um, and so even though it looks like it probably won't pass, uh, I think I'm going to support it to just I think it does show the value that I'm trying to support here.", "speaker": "Candace Avalos" }, { "id": "cue-836", "start": 5335.953, "end": 5339.079, "text": "And I do think it is a continued conversation we need to have.", "speaker": "Candace Avalos" }, { "id": "cue-837", "start": 5340.041, "end": 5347.96, "text": "I'm grateful to all the folks that I was able to talk to on both sides of this issue to just understand their positions.", "speaker": "Candace Avalos" }, { "id": "cue-838", "start": 5348.136, "end": 5352.592, "text": "And I think the position I'm landing is I'm going to vote yes to support the effort.", "speaker": "Candace Avalos" }, { "id": "cue-839", "start": 5353.105, "end": 5354.179, "text": "I know that we have work to do.", "speaker": "Candace Avalos" }, { "id": "cue-840", "start": 5354.323, "end": 5359.356, "text": "I know that not everybody on the council is convinced, and I think there could be another way in the future to address this.", "speaker": "Candace Avalos" }, { "id": "cue-841", "start": 5359.917, "end": 5368.969, "text": "Um, so my yes vote is to show that value, uh, and to encourage us as a council to keep discussing this because the broader issue needs to be addressed.", "speaker": "Candace Avalos" }, { "id": "cue-842", "start": 5369.37, "end": 5380.441, "text": "Uh, even if this might not be the way that gets most councilors to yes on, I think that we can agree, um, we need to continue assessing the role of aviation fuel in, um, in our storage.", "speaker": "Candace Avalos" }, { "id": "cue-843", "start": 5380.521, "end": 5382.284, "text": "And so, uh, I will support it today.", "speaker": "Candace Avalos" }, { "id": "cue-844", "start": 5382.668, "end": 5397.037, "text": "Um, but I look forward to having more conversations with the port about how we can continue, uh, Addressing the, the same value that I think we all share, including the port, as, as per the conversations that I had, uh, and do it in a way that meets the community's needs as well.", "speaker": "Candace Avalos" }, { "id": "cue-845", "start": 5397.101, "end": 5398.221, "text": "So I will support it today.", "speaker": "Candace Avalos" }, { "id": "cue-846", "start": 5398.451, "end": 5398.796, "text": "Thanks.", "speaker": "Candace Avalos" }, { "id": "cue-847", "start": 5398.944, "end": 5399.832, "text": "Thank you, Councilor Avalos.", "speaker": "Jamie Dunphy" }, { "id": "cue-848", "start": 5401.56, "end": 5404.255, "text": "Keelan, can we please call the roll on Green 1?", "speaker": "Jamie Dunphy" }, { "id": "cue-849", "start": 5405.304, "end": 5406.934, "text": "Moved by Green, seconded by Kanal.", "speaker": "Keelan McClymont" }, { "id": "cue-850", "start": 5407.305, "end": 5407.644, "text": "Clark?", "speaker": "Keelan McClymont" }, { "id": "cue-851", "start": 5408.031, "end": 5408.144, "text": "No.", "speaker": "Olivia Clark" }, { "id": "cue-852", "start": 5408.854, "end": 5409.145, "text": "Green?", "speaker": "Keelan McClymont" }, { "id": "cue-853", "start": 5410.049, "end": 5410.097, "text": "Aye.", "speaker": "Mitch Green" }, { "id": "cue-854", "start": 5410.84, "end": 5411.169, "text": "Zimmerman?", "speaker": "Keelan McClymont" }, { "id": "cue-855", "start": 5411.433, "end": 5411.598, "text": "No.", "speaker": "Eric Zimmerman" }, { "id": "cue-856", "start": 5412.422, "end": 5412.735, "text": "Avalos?", "speaker": "Keelan McClymont" }, { "id": "cue-857", "start": 5413.081, "end": 5413.131, "text": "Aye.", "speaker": "Candace Avalos" }, { "id": "cue-858", "start": 5414.897, "end": 5415.141, "text": "No.", "speaker": "Loretta Smith" }, { "id": "cue-859", "start": 5415.71, "end": 5416.148, "text": "Kanal.", "speaker": "Keelan McClymont" }, { "id": "cue-860", "start": 5416.685, "end": 5416.701, "text": "Aye.", "speaker": "Sameer Kanal" }, { "id": "cue-861", "start": 5417.188, "end": 5417.562, "text": "Pirtle-Guiney.", "speaker": "Keelan McClymont" }, { "id": "cue-862", "start": 5418.96, "end": 5419.138, "text": "No.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-863", "start": 5419.788, "end": 5420.162, "text": "Ryan.", "speaker": "Keelan McClymont" }, { "id": "cue-864", "start": 5422.127, "end": 5422.257, "text": "No.", "speaker": "Dan Ryan" }, { "id": "cue-865", "start": 5423.017, "end": 5423.971, "text": "Koyama Lane.", "speaker": "Keelan McClymont" }, { "id": "cue-866", "start": 5424.473, "end": 5424.489, "text": "Aye.", "speaker": "Tiffany Koyama Lane" }, { "id": "cue-867", "start": 5424.57, "end": 5425.524, "text": "Murillo.", "speaker": "Keelan McClymont" }, { "id": "cue-868", "start": 5425.847, "end": 5425.896, "text": "Aye.", "speaker": "Angelita Morillo" }, { "id": "cue-869", "start": 5426.511, "end": 5426.915, "text": "Novick.", "speaker": "Keelan McClymont" }, { "id": "cue-870", "start": 5427.077, "end": 5427.222, "text": "No.", "speaker": "Steve Novick" }, { "id": "cue-871", "start": 5427.95, "end": 5428.257, "text": "Dunphy.", "speaker": "Keelan McClymont" }, { "id": "cue-872", "start": 5428.532, "end": 5428.678, "text": "No.", "speaker": "Jamie Dunphy" }, { "id": "cue-873", "start": 5429.503, "end": 5432.471, "text": "The amendment fails with a vote of 5 ayes and 7 nays.", "speaker": "Keelan McClymont" }, { "id": "cue-874", "start": 5433.302, "end": 5434.018, "text": "Thank you, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-875", "start": 5435.979, "end": 5439.307, "text": "Are there additional amendments on this item?", "speaker": "Jamie Dunphy" }, { "id": "cue-876", "start": 5442.77, "end": 5444.245, "text": "Councilor Knoll, was your amendment to this item?", "speaker": "Jamie Dunphy" }, { "id": "cue-877", "start": 5444.342, "end": 5446.45, "text": "No, it's the next item.", "speaker": "Jamie Dunphy" }, { "id": "cue-878", "start": 5446.677, "end": 5450.245, "text": "Okay, I think we have made our way through all of the amendments at this point.", "speaker": "Jamie Dunphy" }, { "id": "cue-879", "start": 5453.467, "end": 5454.083, "text": "Okay, here we go.", "speaker": "Jamie Dunphy" }, { "id": "cue-880", "start": 5455.799, "end": 5456.658, "text": "I have a script, sorry.", "speaker": "Jamie Dunphy" }, { "id": "cue-881", "start": 5459.06, "end": 5459.622, "text": "Grand piece.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-882", "start": 5459.895, "end": 5460.2, "text": "I know.", "speaker": "Dan Ryan" }, { "id": "cue-883", "start": 5461.727, "end": 5463.72, "text": "Honestly, we're doing better in time than I thought we would too, guys.", "speaker": "Jamie Dunphy" }, { "id": "cue-884", "start": 5464.298, "end": 5477.307, "text": "Uh, item 2026-311, the ordinance for the recommended draft of the CEI Hub policy project, is Continued to an additional meeting before the City Council on November 5th, 2026 at 2:00 PM.", "speaker": "Jamie Dunphy" }, { "id": "cue-885", "start": 5478.111, "end": 5487.359, "text": "At that time, Council will consider the revised ordinance with revised supporting documents, including findings and technical conforming amendments to implement the amendments that were adopted today.", "speaker": "Jamie Dunphy" }, { "id": "cue-886", "start": 5488.626, "end": 5491.755, "text": "Item 2026-312—.", "speaker": "Jamie Dunphy" }, { "id": "cue-887", "start": 5491.985, "end": 5492.247, "text": "Oh wait.", "speaker": "Candace Avalos" }, { "id": "cue-888", "start": 5497.94, "end": 5498.914, "text": "Sorry, I'm reading my notes.", "speaker": "Jamie Dunphy" }, { "id": "cue-889", "start": 5505.139, "end": 5506.24, "text": "Okay, I was reading the wrong script.", "speaker": "Jamie Dunphy" }, { "id": "cue-890", "start": 5506.725, "end": 5506.903, "text": "Great.", "speaker": "Angelita Morillo" }, { "id": "cue-891", "start": 5507.211, "end": 5510.788, "text": "Uh, it looks like we actually do have time to move on to Title 17 elements today.", "speaker": "Jamie Dunphy" }, { "id": "cue-892", "start": 5511.257, "end": 5512.779, "text": "Um, I'm going to give us a quick recess.", "speaker": "Jamie Dunphy" }, { "id": "cue-893", "start": 5513.477, "end": 5516.59, "text": "Uh, it is 3:30, we're halfway through, so I'm going to give us a 15-minute recess.", "speaker": "Jamie Dunphy" }, { "id": "cue-894", "start": 5516.8, "end": 5522.01, "text": "Back at 3:45, at that point we will continue to item 2026-312.", "speaker": "Jamie Dunphy" }, { "id": "cue-895", "start": 5522.688, "end": 5522.849, "text": "Thank you.", "speaker": "Keelan McClymont" }, { "id": "cue-896", "start": 6413.702, "end": 6416.866, "text": "All right, welcome back everybody.", "speaker": "Jamie Dunphy" }, { "id": "cue-897", "start": 6416.931, "end": 6418.093, "text": "Thank you for your patience.", "speaker": "Jamie Dunphy" }, { "id": "cue-898", "start": 6419.336, "end": 6424.32, "text": "Colleagues, we are now in consideration of document 2026-312.", "speaker": "Jamie Dunphy" }, { "id": "cue-899", "start": 6425.384, "end": 6431.404, "text": "I'd like to recognize Councilor Green to introduce the Green-Pirtle-Guiney-Kanal Clark, Koyama Lane 2 amendment.", "speaker": "Jamie Dunphy" }, { "id": "cue-900", "start": 6431.468, "end": 6438.664, "text": "Councilor, let's rinse and repeat the process here with our BPS staff and to hand— to walk us through the details.", "speaker": "Jamie Dunphy" }, { "id": "cue-901", "start": 6438.729, "end": 6441.962, "text": "After that, we will move on to Councilor Novick's amendments and then to Councilor Kanal's amendments.", "speaker": "Jamie Dunphy" }, { "id": "cue-902", "start": 6442.108, "end": 6445.053, "text": "So Councilor Green, you want to cue us up and then we'll turn it over to our team?", "speaker": "Jamie Dunphy" }, { "id": "cue-903", "start": 6445.603, "end": 6446.461, "text": "Yeah, thanks so much.", "speaker": "Mitch Green" }, { "id": "cue-904", "start": 6446.558, "end": 6462.693, "text": "This is once again Green, Pirtle-Guiney, Kanal, Clark, and Koyama Lane 2 take up one amendment that moves Essentially 5 amendments that deal with fuel reduction program amendments.", "speaker": "Mitch Green" }, { "id": "cue-905", "start": 6463.047, "end": 6479.527, "text": "And we also have pulled in Novick 2 and 3 into sort of the body of those amendments to kind of— because I think we, you know, we agree with those and sort of wanted it to be an easier path.", "speaker": "Mitch Green" }, { "id": "cue-906", "start": 6479.64, "end": 6482.051, "text": "So Councilor Novick didn't have an issue with that.", "speaker": "Mitch Green" }, { "id": "cue-907", "start": 6482.099, "end": 6482.131, "text": "No.", "speaker": "Olivia Clark" }, { "id": "cue-908", "start": 6482.883, "end": 6485.917, "text": "And so we did that, but not— we did not pull Novick 1 into it.", "speaker": "Mitch Green" }, { "id": "cue-909", "start": 6486.189, "end": 6490.186, "text": "So, Tom, if you want to give us the flyover, go ahead.", "speaker": "Mitch Green" }, { "id": "cue-910", "start": 6490.41, "end": 6490.571, "text": "Thanks.", "speaker": "Mitch Green" }, { "id": "cue-911", "start": 6490.908, "end": 6491.068, "text": "Sure.", "speaker": "Candace Avalos" }, { "id": "cue-912", "start": 6491.951, "end": 6499.173, "text": "So the first amendment of this package is a directive in the ordinance for additional work.", "speaker": "Unidentified speaker" }, { "id": "cue-913", "start": 6500.136, "end": 6509.57, "text": "And this really speaks to what we heard in the public testimony about what's before you in the Title 17 regulates storage Thank you.", "speaker": "Unidentified speaker" }, { "id": "cue-914", "start": 6509.57, "end": 6509.57, "text": "Thank you, Mayor.", "speaker": "Unidentified speaker" }, { "id": "cue-915", "start": 6509.57, "end": 6536.11, "text": "So this is an amendment to the ordinance that addresses the issue of tank capacity, physical capacity, and the desire to move towards a regulatory program that is more about fill levels and fuel volumes, and that it acknowledges what we really need is the data reported from the terminals that is required by this ordinance to be able to really fine-tune and adjust that sort of process and to make that regulatory pivot.", "speaker": "Unidentified speaker" }, { "id": "cue-916", "start": 6536.11, "end": 6546.677, "text": "And so what this is is a directive To get that data that is required to be reported to the city by March 31st, 2027.", "speaker": "Unidentified speaker" }, { "id": "cue-917", "start": 6547.271, "end": 6563.582, "text": "And then we would look at, process that data and work with the community to try and come up with a proposal to council by September 1st to look at alternatives to regulating storage tank capacity.", "speaker": "Unidentified speaker" }, { "id": "cue-918", "start": 6563.663, "end": 6564.851, "text": "So that's the first—.", "speaker": "Unidentified speaker" }, { "id": "cue-919", "start": 6564.851, "end": 6564.979, "text": "Thank you.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-920", "start": 6566.279, "end": 6578.455, "text": "The second amendment, you know, within that reduction regulations that kick in in 2036, we have a couple of exemptions.", "speaker": "Unidentified speaker" }, { "id": "cue-921", "start": 6578.952, "end": 6591.017, "text": "And one of those exemptions applies to aviation existing as of January 1st, 2027, aviation fuel storage capacity.", "speaker": "Unidentified speaker" }, { "id": "cue-922", "start": 6591.081, "end": 6591.209, "text": "Thank you.", "speaker": "Candace Avalos" }, { "id": "cue-923", "start": 6591.789, "end": 6604.26, "text": "The proposal is to remove that exemption, and then we have a little bit of cleanup to be consistent with the changes that were made in Title 33.", "speaker": "Unidentified speaker" }, { "id": "cue-924", "start": 6605.135, "end": 6606.076, "text": "That's Amendment 2.", "speaker": "Unidentified speaker" }, { "id": "cue-925", "start": 6607.714, "end": 6613.171, "text": "Amendment 3 is some changes to the reporting requirements.", "speaker": "Unidentified speaker" }, { "id": "cue-926", "start": 6613.847, "end": 6617.049, "text": "Again, sort of reflecting on what we heard in public testimony.", "speaker": "Unidentified speaker" }, { "id": "cue-927", "start": 6618.454, "end": 6623.413, "text": "It fills out some of the different reporting requirements.", "speaker": "Unidentified speaker" }, { "id": "cue-928", "start": 6624.376, "end": 6643.539, "text": "It also shifts from what we had as a sort of every 2 or 3-year reporting requirement to an annual reporting requirement, both for the terminals and then in turn for— and this is where we pulled in Novick 3— is to then— Report to the council.", "speaker": "Unidentified speaker" }, { "id": "cue-929", "start": 6643.812, "end": 6668.742, "text": "Turn around that data and report to council each year as to what we're seeing, both in terms of what we're seeing from the terminals themselves, but also what we're seeing in terms of the fuel demand forecasts and the actual consumption rate data so that council is informed and can make any adjustments.", "speaker": "Unidentified speaker" }, { "id": "cue-930", "start": 6668.969, "end": 6669.535, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-931", "start": 6669.61, "end": 6670.526, "text": "That they see fit.", "speaker": "Unidentified speaker" }, { "id": "cue-932", "start": 6672.35, "end": 6684.636, "text": "The 4th one was just a small change to the penalty clause, just a truing up of the language in that code.", "speaker": "Unidentified speaker" }, { "id": "cue-933", "start": 6685.667, "end": 6690.881, "text": "Again, the 5th amendment is another directive.", "speaker": "Unidentified speaker" }, { "id": "cue-934", "start": 6692.028, "end": 6695.696, "text": "This again is sort of pulling in Novick 3.", "speaker": "Unidentified speaker" }, { "id": "cue-935", "start": 6696.896, "end": 6716.102, "text": "But just sort of reaffirming council's commitment to continue and engage the community and all of the partners, the operators, the state agencies on looking at the risks in the hub and what we can do to reduce the risks out there.", "speaker": "Unidentified speaker" }, { "id": "cue-936", "start": 6718.38, "end": 6719.173, "text": "Thank you so much, Tom.", "speaker": "Mitch Green" }, { "id": "cue-937", "start": 6720.258, "end": 6724.689, "text": "And colleagues, I would move I would formally move this amendment.", "speaker": "Mitch Green" }, { "id": "cue-938", "start": 6726.06, "end": 6726.947, "text": "Second.", "speaker": "Keelan McClymont" }, { "id": "cue-939", "start": 6727.511, "end": 6728.011, "text": "Second.", "speaker": "Angelita Morillo" }, { "id": "cue-940", "start": 6728.188, "end": 6730.107, "text": "Uh, Councilor Green moves.", "speaker": "Jamie Dunphy" }, { "id": "cue-941", "start": 6730.156, "end": 6733.23, "text": "I'm going to say Councilor Koyama Lane seconds that one.", "speaker": "Jamie Dunphy" }, { "id": "cue-942", "start": 6733.408, "end": 6740.649, "text": "Colleagues, we are now in discussion of the Green, Pirtle-Guiney, Kanal, Clark, Koyama Lane 2 amendments.", "speaker": "Jamie Dunphy" }, { "id": "cue-943", "start": 6741.581, "end": 6742.16, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-944", "start": 6743.108, "end": 6743.879, "text": "Thank you, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-945", "start": 6744.136, "end": 6746.482, "text": "Um, I apologize for not looking closely at this.", "speaker": "Steve Novick" }, { "id": "cue-946", "start": 6746.787, "end": 6757.667, "text": "The language about latest fuel projections for the next decade, I think actually I'd suggested the Oregon Department of Energy's projections of fuel demand for the next decade, but maybe we don't need to specify that.", "speaker": "Steve Novick" }, { "id": "cue-947", "start": 6757.732, "end": 6763.664, "text": "Maybe that's something that you would automatically give to us if we pass this language.", "speaker": "Steve Novick" }, { "id": "cue-948", "start": 6765.648, "end": 6778.327, "text": "We relied on multiple forecasts and projections, and so we just, rather than be specific, and who knows where Department of Energy will be, they only do it every 2 years.", "speaker": "Unidentified speaker" }, { "id": "cue-949", "start": 6778.618, "end": 6778.764, "text": "Okay.", "speaker": "Steve Novick" }, { "id": "cue-950", "start": 6779.087, "end": 6786.526, "text": "The feds come out every year, so we just left it unspecified so we can pull from different data.", "speaker": "Unidentified speaker" }, { "id": "cue-951", "start": 6786.753, "end": 6788.482, "text": "Okay, so you plan to look at all those sources?", "speaker": "Steve Novick" }, { "id": "cue-952", "start": 6788.531, "end": 6788.66, "text": "Yeah.", "speaker": "Angelita Morillo" }, { "id": "cue-953", "start": 6789.096, "end": 6789.5, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-954", "start": 6790.323, "end": 6791.131, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-955", "start": 6791.292, "end": 6791.954, "text": "Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-956", "start": 6793.742, "end": 6794.872, "text": "Thank you, Council President.", "speaker": "Olivia Clark" }, { "id": "cue-957", "start": 6795.42, "end": 6800.699, "text": "I would like to move to divide the question in Title 17 to separate the vote on Amendment 2.", "speaker": "Olivia Clark" }, { "id": "cue-958", "start": 6802.055, "end": 6804.652, "text": "Okay, that is a motion by right.", "speaker": "Jamie Dunphy" }, { "id": "cue-959", "start": 6804.862, "end": 6807.637, "text": "That is specifically to vote separately on Amendment 2.", "speaker": "Jamie Dunphy" }, { "id": "cue-960", "start": 6808.012, "end": 6816.264, "text": "The section titled Amendment 2 around aviation fuel exemptions and remain— leave the remainder of the package, Amendments 1, 3, 4, and 5 as a whole.", "speaker": "Jamie Dunphy" }, { "id": "cue-961", "start": 6816.521, "end": 6817.163, "text": "Yes, exactly.", "speaker": "Olivia Clark" }, { "id": "cue-962", "start": 6817.227, "end": 6818.849, "text": "And I think I'm allowed to make comments.", "speaker": "Olivia Clark" }, { "id": "cue-963", "start": 6818.993, "end": 6819.299, "text": "Absolutely.", "speaker": "Jamie Dunphy" }, { "id": "cue-964", "start": 6819.636, "end": 6829.092, "text": "I'm obviously very supportive of the whole package, but I do have reservations on the impact that this is going to place on the Port of Portland.", "speaker": "Olivia Clark" }, { "id": "cue-965", "start": 6829.862, "end": 6836.318, "text": "So I'm asking to divide the questions so that we can vote on an amendment Uh, and Title 17.", "speaker": "Olivia Clark" }, { "id": "cue-966", "start": 6836.977, "end": 6852.419, "text": "I would just want to say that the Portland Airport— I think we've already heard some about that— this is a major economic engine for our region, and particularly in District 1 as well, and receives, um, all of the aviation fuel from the CEI hub.", "speaker": "Olivia Clark" }, { "id": "cue-967", "start": 6852.901, "end": 6857.031, "text": "I also want to say that the Port of Portland is a sister government to us.", "speaker": "Olivia Clark" }, { "id": "cue-968", "start": 6857.545, "end": 6869.9, "text": "I believe the Port of Portland is a good actor Um, and with the major expansion that we've heard about, uh, and increased flight activity, it's clear that there is and there will continue to be an increased demand for jet fuel.", "speaker": "Olivia Clark" }, { "id": "cue-969", "start": 6871.041, "end": 6880.182, "text": "There's also the need to support the airlines as they expand the use of sustainable aviation fuel, which is important to advancing climate goals and decarbonization.", "speaker": "Olivia Clark" }, { "id": "cue-970", "start": 6880.696, "end": 6898.858, "text": "And I think we learned in an earlier, uh, public hearing that the adoption of sustainable aviation fuels will require capacity I believe that we can also continue to work with the port to increase their storage capacity at the port.", "speaker": "Olivia Clark" }, { "id": "cue-971", "start": 6898.922, "end": 6905.825, "text": "I know they're replacing tanks right now, and I would like to believe that they can actually increase and have more storage at the port.", "speaker": "Olivia Clark" }, { "id": "cue-972", "start": 6905.905, "end": 6908.924, "text": "That's a conversation that we should continue to have.", "speaker": "Olivia Clark" }, { "id": "cue-973", "start": 6909.614, "end": 6926.703, "text": "So to ensure the ability of the port to support increased demand and economic activity, I would like to see the port Point of information.", "speaker": "Olivia Clark" }, { "id": "cue-974", "start": 6927.091, "end": 6936.087, "text": "Oh, is it just— is it just removing 2 and then we would vote on 1 and 3 as one, or are we voting on 1, 2, and 3 separately?", "speaker": "Candace Avalos" }, { "id": "cue-975", "start": 6936.298, "end": 6943.396, "text": "Uh, sorry, this— to the top part here, section— I, I Under the Green, Pirtle-Guiney, et al., it will pull out just Amendment 2.", "speaker": "Jamie Dunphy" }, { "id": "cue-976", "start": 6944.055, "end": 6945.259, "text": "So we will have 2 separate votes.", "speaker": "Jamie Dunphy" }, { "id": "cue-977", "start": 6945.323, "end": 6952.516, "text": "We'll vote on Amendment 2, code remove aviation fuel exemption, and then a separate vote, Amendments 1, 3, 4, and 5.", "speaker": "Jamie Dunphy" }, { "id": "cue-978", "start": 6953.287, "end": 6953.608, "text": "Okay.", "speaker": "Unidentified speaker" }, { "id": "cue-979", "start": 6954.154, "end": 6955.134, "text": "Okay.", "speaker": "Steve Novick" }, { "id": "cue-980", "start": 6955.985, "end": 6957.655, "text": "Uh, Councilor, uh, Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-981", "start": 6958.714, "end": 6959.71, "text": "Uh, thank you, Council President.", "speaker": "Mitch Green" }, { "id": "cue-982", "start": 6959.774, "end": 6963.836, "text": "I think generally the carrier gets to choose the order in which—.", "speaker": "Mitch Green" }, { "id": "cue-983", "start": 6963.869, "end": 6964.27, "text": "Yes.", "speaker": "Jamie Dunphy" }, { "id": "cue-984", "start": 6964.72, "end": 6965.057, "text": "Mr.", "speaker": "Mitch Green" }, { "id": "cue-985", "start": 6965.506, "end": 6978.683, "text": "Chair, Councilor Pirtle-Guiney and I have just sort of talked about— we would like to take up the vote on Amendment 2, that which is being pulled out, and just get that out of the way first, and then we would proceed to the rest, rest of the items.", "speaker": "Mitch Green" }, { "id": "cue-986", "start": 6979.357, "end": 6979.918, "text": "Sounds good to me.", "speaker": "Jamie Dunphy" }, { "id": "cue-987", "start": 6981.186, "end": 6983.674, "text": "Uh, further discussion at this point?", "speaker": "Jamie Dunphy" }, { "id": "cue-988", "start": 6983.77, "end": 6984.733, "text": "Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-989", "start": 6985.777, "end": 6986.98, "text": "Thank you, Council President.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-990", "start": 6987.125, "end": 7009.536, "text": "Um, Councilor Clark, we tried to make this easy for folks to talk about with the different sections, but I'm noticing that in this -2, Amendment 2 also includes the cleanup language in the, the new C, or if, um, if this piece doesn't move forward, what would be D around transloading capacity and expansion?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-991", "start": 7009.6, "end": 7014.882, "text": "So I just have a question for staff, and well, let me start with a question for you, Councilor Clark.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-992", "start": 7014.93, "end": 7019.699, "text": "Is your intention to remove that also, or is that ancillary damage?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-993", "start": 7019.892, "end": 7022.705, "text": "My intention is to remove the entire piece.", "speaker": "Olivia Clark" }, { "id": "cue-994", "start": 7023.348, "end": 7026.53, "text": "Okay, including the changes on translating capacity and expansion reviews?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-995", "start": 7026.611, "end": 7026.739, "text": "Yes.", "speaker": "Olivia Clark" }, { "id": "cue-996", "start": 7026.948, "end": 7027.672, "text": "Okay, thank you.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-997", "start": 7029.713, "end": 7030.828, "text": "Was there a question for staff also?", "speaker": "Jamie Dunphy" }, { "id": "cue-998", "start": 7031.815, "end": 7041.557, "text": "My question for staff would have been if that was not the policy intention, whether we would be able to put that back in in conforming amendments because I worry about conforming with Title 33 there.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-999", "start": 7042.417, "end": 7047.075, "text": "But if the intention is to remove that, then— My question for staff is moved.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1000", "start": 7047.252, "end": 7047.589, "text": "Perfect.", "speaker": "Jamie Dunphy" }, { "id": "cue-1001", "start": 7047.734, "end": 7048.858, "text": "Thank you very much, Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-1002", "start": 7048.938, "end": 7049.596, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1003", "start": 7050.961, "end": 7052.005, "text": "Clarifying question.", "speaker": "Steve Novick" }, { "id": "cue-1004", "start": 7052.39, "end": 7059.375, "text": "Are we to speak now to what we think about this removal or just to what we think about dividing the question?", "speaker": "Steve Novick" }, { "id": "cue-1005", "start": 7059.937, "end": 7062.747, "text": "We're discussing— we're in discussion of the overall amendment at this point.", "speaker": "Jamie Dunphy" }, { "id": "cue-1006", "start": 7062.827, "end": 7063.646, "text": "Okay.", "speaker": "Steve Novick" }, { "id": "cue-1007", "start": 7064.449, "end": 7075.253, "text": "I just wanted to say that, as I said previously, I think that messing with the port invites legislative preemption, and I'm afraid if they preempt us in this, they'll preempt us in other things too.", "speaker": "Steve Novick" }, { "id": "cue-1008", "start": 7075.83, "end": 7078.895, "text": "But I also wanted to say flying is really bad for the environment.", "speaker": "Steve Novick" }, { "id": "cue-1009", "start": 7079.281, "end": 7091.702, "text": "Um, you know, maybe we'll get to sustainable aviation fuel and that'll be better, but right now you can be really good about the environment, a lot of things, but you take a transcontinental flight and, uh, you're emitting a hell of a lot of pollution.", "speaker": "Steve Novick" }, { "id": "cue-1010", "start": 7092.376, "end": 7102.127, "text": "So I don't want anybody to interpret my saying that I think that we need to treat aviation fuel differently because of what I think the legislature might do to us.", "speaker": "Steve Novick" }, { "id": "cue-1011", "start": 7102.352, "end": 7106.726, "text": "I don't want people to interpret that as my saying flying is good because it's bad.", "speaker": "Steve Novick" }, { "id": "cue-1012", "start": 7108.52, "end": 7109.197, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1013", "start": 7109.826, "end": 7110.391, "text": "Councilor Murillo.", "speaker": "Jamie Dunphy" }, { "id": "cue-1014", "start": 7112.182, "end": 7115.215, "text": "Councilor Clark, could you just clarify for this part?", "speaker": "Angelita Morillo" }, { "id": "cue-1015", "start": 7115.263, "end": 7124.355, "text": "So you wanted to remove all of Amendment 2, but could you clarify based on Councilor Pirtle-Guiney's question, why not just remove the aviation part and then keep the rest?", "speaker": "Angelita Morillo" }, { "id": "cue-1016", "start": 7127.574, "end": 7128.124, "text": "D does.", "speaker": "Olivia Clark" }, { "id": "cue-1017", "start": 7128.804, "end": 7129.597, "text": "I think D does that.", "speaker": "Olivia Clark" }, { "id": "cue-1018", "start": 7129.775, "end": 7131.441, "text": "It removes aviation fuel storage.", "speaker": "Olivia Clark" }, { "id": "cue-1019", "start": 7132.928, "end": 7135.612, "text": "But you want to remove all Amendment 2?", "speaker": "Angelita Morillo" }, { "id": "cue-1020", "start": 7136.035, "end": 7137.207, "text": "I want it all to be gone.", "speaker": "Olivia Clark" }, { "id": "cue-1021", "start": 7137.499, "end": 7138.378, "text": "Okay, I understand.", "speaker": "Angelita Morillo" }, { "id": "cue-1022", "start": 7140.668, "end": 7154.338, "text": "Tom, if I could, that last part, D, the reference to the aviation fuel storage expansion review is a conforming amendment to reflect the Title 33 changes.", "speaker": "Unidentified speaker" }, { "id": "cue-1023", "start": 7154.386, "end": 7164.47, "text": "So I suggest that you either leave that there or we can address it within the technical conforming amendments that you'll see on November 5th.", "speaker": "Unidentified speaker" }, { "id": "cue-1024", "start": 7165.947, "end": 7169.672, "text": "I would prefer that we just deal with it in the technical amendments and not do it now.", "speaker": "Olivia Clark" }, { "id": "cue-1025", "start": 7170.379, "end": 7172.627, "text": "Okay, thank you very much.", "speaker": "Jamie Dunphy" }, { "id": "cue-1026", "start": 7172.691, "end": 7174.826, "text": "Councilor Morillo— Councilor Knoll.", "speaker": "Jamie Dunphy" }, { "id": "cue-1027", "start": 7177.252, "end": 7179.805, "text": "Yeah, I, I appreciate this conversation.", "speaker": "Sameer Kanal" }, { "id": "cue-1028", "start": 7179.982, "end": 7181.974, "text": "I will be voting yes on this amendment.", "speaker": "Sameer Kanal" }, { "id": "cue-1029", "start": 7182.022, "end": 7189.716, "text": "So just to clarify, we're debating whether or not to approve Amendment 2 right now, and then we will take a vote in which yes is to do Amendment 2 and no is not.", "speaker": "Sameer Kanal" }, { "id": "cue-1030", "start": 7189.796, "end": 7195.354, "text": "We are still in discussion of the overall, uh, Green-Pirtle-Guiney-Kanal-Clark-Koyama Lane 2.", "speaker": "Jamie Dunphy" }, { "id": "cue-1031", "start": 7195.884, "end": 7196.768, "text": "Thought it had been divided.", "speaker": "Sameer Kanal" }, { "id": "cue-1032", "start": 7197.009, "end": 7200.237, "text": "The question has been divided for the purposes of voting, but we are still in the—.", "speaker": "Jamie Dunphy" }, { "id": "cue-1033", "start": 7200.237, "end": 7200.88, "text": "Got it—.", "speaker": "Sameer Kanal" }, { "id": "cue-1034", "start": 7200.88, "end": 7201.249, "text": "The discussion.", "speaker": "Dan Ryan" }, { "id": "cue-1035", "start": 7201.378, "end": 7203.783, "text": "Okay, well then I'll do both parts together here.", "speaker": "Sameer Kanal" }, { "id": "cue-1036", "start": 7203.863, "end": 7221.743, "text": "So with relation to part 2, first, the same question issue that was raised by Councilors Pirtle-Guiney and Murillo, the change in what that review does to include transloading capacity, and that's really significant in other parts of it.", "speaker": "Sameer Kanal" }, { "id": "cue-1037", "start": 7221.791, "end": 7229.472, "text": "And so keeping that text in, as was just mentioned by staff, excuse me, as was just mentioned by staff, is really important.", "speaker": "Sameer Kanal" }, { "id": "cue-1038", "start": 7229.968, "end": 7231.042, "text": "So I'll be supporting that.", "speaker": "Sameer Kanal" }, { "id": "cue-1039", "start": 7231.17, "end": 7246.137, "text": "I also think that the, the same arguments as applied in the previous ordinance around the idea that, you know, we can still increase— I think there's a, there's a— it's being characterized as doing this means the port can't expand what it does.", "speaker": "Sameer Kanal" }, { "id": "cue-1040", "start": 7246.425, "end": 7248.027, "text": "I don't think that's what's happening here.", "speaker": "Sameer Kanal" }, { "id": "cue-1041", "start": 7248.492, "end": 7249.982, "text": "Port can expand what it does.", "speaker": "Sameer Kanal" }, { "id": "cue-1042", "start": 7250.639, "end": 7264.549, "text": "It's just that for the folks who are operating tanks at the CEI hub, They would have to reduce other fuels proportionate to the increase in capacity for aviation fuel.", "speaker": "Sameer Kanal" }, { "id": "cue-1043", "start": 7265.014, "end": 7266.956, "text": "This is what other businesses do.", "speaker": "Sameer Kanal" }, { "id": "cue-1044", "start": 7267.342, "end": 7268.385, "text": "This is pretty normal.", "speaker": "Sameer Kanal" }, { "id": "cue-1045", "start": 7268.85, "end": 7271.403, "text": "You know, you create more shelf space for the stuff that's selling.", "speaker": "Sameer Kanal" }, { "id": "cue-1046", "start": 7272.398, "end": 7285.632, "text": "And I think it's the idea that if there is this growth that is being modeled in aviation fuel need and demand, that there is a singular assessment that's being done here of everything together.", "speaker": "Sameer Kanal" }, { "id": "cue-1047", "start": 7285.68, "end": 7287.883, "text": "So that's, that's the underlying argument here.", "speaker": "Sameer Kanal" }, { "id": "cue-1048", "start": 7287.931, "end": 7288.709, "text": "So I'll be supporting that.", "speaker": "Sameer Kanal" }, { "id": "cue-1049", "start": 7289.594, "end": 7294.886, "text": "I don't necessarily think we need— we haven't heard any argument against the, the rest of it.", "speaker": "Sameer Kanal" }, { "id": "cue-1050", "start": 7295.015, "end": 7304.212, "text": "So I'll just simply state I support it and I appreciate all the folks who are involved in it, in particular the advocates and the teams of staff from my colleagues up here.", "speaker": "Sameer Kanal" }, { "id": "cue-1051", "start": 7304.34, "end": 7304.694, "text": "Thanks.", "speaker": "Dan Ryan" }, { "id": "cue-1052", "start": 7305.145, "end": 7305.917, "text": "Thank you, Councilor Kanal.", "speaker": "Jamie Dunphy" }, { "id": "cue-1053", "start": 7306.174, "end": 7307.734, "text": "Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-1054", "start": 7308.575, "end": 7308.938, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-1055", "start": 7310.311, "end": 7334.79, "text": "Just speaking to the Amendment 2 part for a moment, just for folks to understand, the reason why that was striking that exemption is because the sort of compromise piece was we're going to put— we're putting— we're creating the short-term relief valve in Title 33 for the port's expansion of aviation fuel.", "speaker": "Mitch Green" }, { "id": "cue-1056", "start": 7335.178, "end": 7343.491, "text": "And so Ultimately, this is all governed by the Title 33 capacity review.", "speaker": "Mitch Green" }, { "id": "cue-1057", "start": 7343.587, "end": 7352.198, "text": "And so take it or leave it, that was the motivation why this part was struck on the exemption while the other part lived on.", "speaker": "Mitch Green" }, { "id": "cue-1058", "start": 7355.286, "end": 7359.587, "text": "I will be— what's— so I will be voting yes on this.", "speaker": "Mitch Green" }, { "id": "cue-1059", "start": 7359.894, "end": 7360.816, "text": "I always get confused.", "speaker": "Mitch Green" }, { "id": "cue-1060", "start": 7360.881, "end": 7362.611, "text": "I get backwards on the division of the question.", "speaker": "Mitch Green" }, { "id": "cue-1061", "start": 7362.659, "end": 7362.789, "text": "I'm sorry.", "speaker": "Dan Ryan" }, { "id": "cue-1062", "start": 7362.976, "end": 7364.927, "text": "So I'll be supporting too.", "speaker": "Mitch Green" }, { "id": "cue-1063", "start": 7365.072, "end": 7369.812, "text": "And then I also just want to draw your attention to the first part of this amendment, which is the directive.", "speaker": "Mitch Green" }, { "id": "cue-1064", "start": 7369.909, "end": 7388.875, "text": "That's a really important piece that provides that council prerogative to bring forward a replacement drawdown program, not necessarily sort of an alternative, but really trying to say the 20% by 2036 was our starting position.", "speaker": "Mitch Green" }, { "id": "cue-1065", "start": 7389.516, "end": 7394.614, "text": "It's a good thing to start with, but we do want to get a different methodology and we want to start that work next year.", "speaker": "Mitch Green" }, { "id": "cue-1066", "start": 7395.079, "end": 7396.313, "text": "So that's what that directive does.", "speaker": "Mitch Green" }, { "id": "cue-1067", "start": 7397.548, "end": 7405.387, "text": "And I hope that we can support all of the sub-amendments here, but at least 1, 3, 4, and 5.", "speaker": "Mitch Green" }, { "id": "cue-1068", "start": 7405.563, "end": 7405.884, "text": "Thanks.", "speaker": "Dan Ryan" }, { "id": "cue-1069", "start": 7406.124, "end": 7407.054, "text": "Thank you, Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-1070", "start": 7407.246, "end": 7407.888, "text": "Councilor Zimmerman.", "speaker": "Jamie Dunphy" }, { "id": "cue-1071", "start": 7408.753, "end": 7425.39, "text": "Just a clarifying question from the many sponsors of— it's unusual to get something split I'm a little bit confused, like, where and how this was written, and then who actually dictates what gets called first since you're all sponsors.", "speaker": "Eric Zimmerman" }, { "id": "cue-1072", "start": 7426.736, "end": 7428.196, "text": "So where did this all come from?", "speaker": "Eric Zimmerman" }, { "id": "cue-1073", "start": 7430.467, "end": 7445.163, "text": "I mean, my office, I think, took the lead on shepherding all this with all the advocates, pulling all together all the meetings, and Councilor Pirtle-Guiney also spent a lot of time I spent a lot of time just co-drafting with my team.", "speaker": "Mitch Green" }, { "id": "cue-1074", "start": 7445.966, "end": 7454.174, "text": "And so the things that are there reflect this sort of back and forth, day-by-day work with these advocates.", "speaker": "Mitch Green" }, { "id": "cue-1075", "start": 7454.238, "end": 7455.973, "text": "Not every office was able to do that.", "speaker": "Mitch Green" }, { "id": "cue-1076", "start": 7456.31, "end": 7467.779, "text": "And I think we understood that the reason why we organized it as like one unified document with a bunch of subpieces is there was always a world where maybe some comfort levels might depart.", "speaker": "Mitch Green" }, { "id": "cue-1077", "start": 7467.827, "end": 7467.875, "text": "Yeah.", "speaker": "Angelita Morillo" }, { "id": "cue-1078", "start": 7468.372, "end": 7473.26, "text": "And some people might decide, hey, I'm not good with this part, but I'm good with the rest.", "speaker": "Mitch Green" }, { "id": "cue-1079", "start": 7473.564, "end": 7480.727, "text": "So I think that's why you're seeing— I mean, Councilor Clark can speak for herself, but I suspect that that's what's happening here.", "speaker": "Mitch Green" }, { "id": "cue-1080", "start": 7481.272, "end": 7482.858, "text": "Thank you, Mr. President.", "speaker": "Olivia Clark" }, { "id": "cue-1081", "start": 7483.355, "end": 7485.983, "text": "There was always the understanding that there was a caveat here.", "speaker": "Olivia Clark" }, { "id": "cue-1082", "start": 7486.544, "end": 7493.851, "text": "And I think I made that really clear to my co-sponsors that this piece I would not be supporting, but the overall I am.", "speaker": "Olivia Clark" }, { "id": "cue-1083", "start": 7494.829, "end": 7497.555, "text": "Okay, yeah, it's just a little confusing when you all have your names on it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1084", "start": 7497.603, "end": 7502.877, "text": "So going down to, uh, Amendment Number 4, the city administrator must impose.", "speaker": "Eric Zimmerman" }, { "id": "cue-1085", "start": 7504.01, "end": 7507.526, "text": "Most of the time when we do things, we say may impose.", "speaker": "Eric Zimmerman" }, { "id": "cue-1086", "start": 7508.288, "end": 7515.506, "text": "Is this a significant change to other code within the City of Portland's penalty structure?", "speaker": "Eric Zimmerman" }, { "id": "cue-1087", "start": 7517.251, "end": 7519.563, "text": "I'm actually not familiar with any must imposes.", "speaker": "Eric Zimmerman" }, { "id": "cue-1088", "start": 7522.917, "end": 7524.548, "text": "I would defer to the city attorney.", "speaker": "Unidentified speaker" }, { "id": "cue-1089", "start": 7525.081, "end": 7531.286, "text": "Um, we looked into this and the, and the guidance and the consistency was to use in this situation the word must.", "speaker": "Unidentified speaker" }, { "id": "cue-1090", "start": 7533.22, "end": 7533.444, "text": "From who?", "speaker": "Keelan McClymont" }, { "id": "cue-1091", "start": 7533.798, "end": 7535.389, "text": "Guidance and consistency from attorneys?", "speaker": "Eric Zimmerman" }, { "id": "cue-1092", "start": 7535.501, "end": 7535.822, "text": "Okay.", "speaker": "Eric Zimmerman" }, { "id": "cue-1093", "start": 7536.546, "end": 7546.065, "text": "As opposed to may or, uh, well, okay, so, so the, the, the request was to put shall, and our office has been advising to not use shall.", "speaker": "Unidentified speaker" }, { "id": "cue-1094", "start": 7546.703, "end": 7548.181, "text": "If the intent is that it's a mandate.", "speaker": "Unidentified speaker" }, { "id": "cue-1095", "start": 7548.325, "end": 7552.918, "text": "So if we're talking about must versus shall, that's separate.", "speaker": "Unidentified speaker" }, { "id": "cue-1096", "start": 7552.966, "end": 7562.634, "text": "But if it's must versus may, yes, most of the code right now says that the city administrator may and gives that discretion to the city administrator.", "speaker": "Unidentified speaker" }, { "id": "cue-1097", "start": 7563.565, "end": 7570.808, "text": "We felt that the charter and the code does not limit the council's authority to change that from discretion and a mandate.", "speaker": "Unidentified speaker" }, { "id": "cue-1098", "start": 7571.033, "end": 7572.96, "text": "I certainly don't— I agree with it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1099", "start": 7573.538, "end": 7575.095, "text": "I'm just asking about practice.", "speaker": "Eric Zimmerman" }, { "id": "cue-1100", "start": 7575.192, "end": 7581.5, "text": "This seems like a shift from practice, which is we generally write code to say the city administrator may—.", "speaker": "Eric Zimmerman" }, { "id": "cue-1101", "start": 7582.351, "end": 7582.688, "text": "Agreed.", "speaker": "Nancy Thorington" }, { "id": "cue-1102", "start": 7582.832, "end": 7583.298, "text": "Do something.", "speaker": "Eric Zimmerman" }, { "id": "cue-1103", "start": 7583.538, "end": 7595.352, "text": "And it is a term that I was unable to find other penalties where the city administrator was required to impose them as opposed to— it is, but it is something within council's authority to require.", "speaker": "Unidentified speaker" }, { "id": "cue-1104", "start": 7595.657, "end": 7613.241, "text": "Councilor, in practice, the way I've seen this play out is when it says may, often the, bureaus will not immediately impose a penalty if there is motion towards compliance quickly, and we use that as a carrot to move people towards compliance.", "speaker": "Unidentified speaker" }, { "id": "cue-1105", "start": 7613.742, "end": 7613.985, "text": "Right.", "speaker": "Mitch Green" }, { "id": "cue-1106", "start": 7614.47, "end": 7617.107, "text": "So I'm glad we're getting into this.", "speaker": "Eric Zimmerman" }, { "id": "cue-1107", "start": 7617.463, "end": 7620.895, "text": "I guess words matter when you have this much coming out of amendments.", "speaker": "Eric Zimmerman" }, { "id": "cue-1108", "start": 7620.944, "end": 7630.63, "text": "So must impose penalties and fines on a bulk fuel terminal owner or responsible party who fails to comply with your Requirements.", "speaker": "Eric Zimmerman" }, { "id": "cue-1109", "start": 7630.711, "end": 7631.927, "text": "Okay, we all, we all get that.", "speaker": "Eric Zimmerman" }, { "id": "cue-1110", "start": 7632.073, "end": 7634.925, "text": "I mean, may or must is different there.", "speaker": "Eric Zimmerman" }, { "id": "cue-1111", "start": 7635.784, "end": 7639.775, "text": "Or who has misrepresented any material fact.", "speaker": "Eric Zimmerman" }, { "id": "cue-1112", "start": 7640.264, "end": 7643.294, "text": "What constitutes a material fact?", "speaker": "Eric Zimmerman" }, { "id": "cue-1113", "start": 7645.708, "end": 7647.783, "text": "I'm just trying to get a sense of like, what are we talking about?", "speaker": "Eric Zimmerman" }, { "id": "cue-1114", "start": 7647.847, "end": 7654.136, "text": "Are we talking about like there's an error in a document and now all of a sudden we must impose, or we—.", "speaker": "Eric Zimmerman" }, { "id": "cue-1115", "start": 7654.2, "end": 7655.165, "text": "What are we talking about?", "speaker": "Mitch Green" }, { "id": "cue-1116", "start": 7657.354, "end": 7667.682, "text": "And, and here's the thing, I wouldn't have to ask that question if the answer— if the, if the word was may, because may would mean that I've got professionals who can use discretion about situations.", "speaker": "Eric Zimmerman" }, { "id": "cue-1117", "start": 7667.746, "end": 7669.284, "text": "But now we're going to use the word must.", "speaker": "Eric Zimmerman" }, { "id": "cue-1118", "start": 7669.624, "end": 7671.695, "text": "So now I have to know what we mean by material fact.", "speaker": "Eric Zimmerman" }, { "id": "cue-1119", "start": 7672.232, "end": 7676.757, "text": "And so these have cascading effects, and I have heard no one speak to that.", "speaker": "Eric Zimmerman" }, { "id": "cue-1120", "start": 7680.68, "end": 7680.98, "text": "Bueller.", "speaker": "Loretta Smith" }, { "id": "cue-1121", "start": 7682.41, "end": 7683.702, "text": "I mean, may I?", "speaker": "Mitch Green" }, { "id": "cue-1122", "start": 7683.928, "end": 7684.138, "text": "Please.", "speaker": "Jamie Dunphy" }, { "id": "cue-1123", "start": 7684.914, "end": 7707.548, "text": "Yeah, I mean, I think this is a situation where the carriers thought it appropriate to put more definitive declarative language there because the operative part of this is that the penalty is when the operator fails to comply with the requirements of the chapter and has misrepresented.", "speaker": "Mitch Green" }, { "id": "cue-1124", "start": 7707.597, "end": 7708.964, "text": "So misrepresentation is not a mistake.", "speaker": "Mitch Green" }, { "id": "cue-1125", "start": 7709.162, "end": 7713.893, "text": "It isn't— it is a willful obfuscation of the fact.", "speaker": "Mitch Green" }, { "id": "cue-1126", "start": 7714.534, "end": 7723.916, "text": "And so the idea here is we wanted to make sure that it's crystal clear that if you willfully misrepresent the facts and you fail to comply, you will be fined.", "speaker": "Mitch Green" }, { "id": "cue-1127", "start": 7724.477, "end": 7729.545, "text": "And it's not up to some future city administrator whether they choose to let this operator slide or not.", "speaker": "Mitch Green" }, { "id": "cue-1128", "start": 7729.593, "end": 7743.257, "text": "So I think that does represent, again, this idea that it's our prerogative to to regulate, you know, fossil fuel companies who do business in our city and that we will hold them accountable when they don't toe the line.", "speaker": "Mitch Green" }, { "id": "cue-1129", "start": 7745.583, "end": 7757.877, "text": "And is this a concern that the sponsors have now, is that the city administrator hasn't got good judgment to impose in a May type of situation?", "speaker": "Eric Zimmerman" }, { "id": "cue-1130", "start": 7758.007, "end": 7764.022, "text": "You've chosen very deliberately and that'll On its surface, right, it sounds good.", "speaker": "Eric Zimmerman" }, { "id": "cue-1131", "start": 7764.07, "end": 7769.942, "text": "But then to know that we have literally— I can't think of a single area in city code where we use this word.", "speaker": "Eric Zimmerman" }, { "id": "cue-1132", "start": 7770.022, "end": 7773.904, "text": "This seems like a title shift, and, and we kind of glancing over it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1133", "start": 7774.257, "end": 7775.765, "text": "And I'd like to understand.", "speaker": "Eric Zimmerman" }, { "id": "cue-1134", "start": 7775.845, "end": 7776.84, "text": "So thank you, Councilor Green.", "speaker": "Eric Zimmerman" }, { "id": "cue-1135", "start": 7776.888, "end": 7778.027, "text": "I do appreciate your argument.", "speaker": "Eric Zimmerman" }, { "id": "cue-1136", "start": 7778.428, "end": 7785.615, "text": "There are many other members who their names are on this, and now I'm at the point where I'm not sure how many read it because we got people pulling names from it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1137", "start": 7785.663, "end": 7791.582, "text": "So I'd like to understand what Council President, if I may.", "speaker": "Eric Zimmerman" }, { "id": "cue-1138", "start": 7792.128, "end": 7801.224, "text": "Councilor, I want to address your first question to the sponsors first, and then I have a note on this as well.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1139", "start": 7801.833, "end": 7820.399, "text": "And that is that you will note that there is one area, one topic area, where one of the joint co-sponsors of the amendment submitted a separate amendment pushing us further in one direction and another co-sponsor is dividing the question to push us a little further the other way.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1140", "start": 7820.464, "end": 7829.857, "text": "And I think what you see is that there is a whole lot that we all agreed on and one topic area around aviation fuel where there just wasn't as much agreement.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1141", "start": 7829.937, "end": 7846.712, "text": "And so we figured out a way to be able to come together because we agreed on the bulk of what is here and to also allow co-sponsors who wanted to propose doing A little differently, one way or the other, to do that respectfully of each other with full communication with each other.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1142", "start": 7846.776, "end": 7865.337, "text": "So I just want to note that on Amendment 4, to answer your question plainly, I have no reason not to trust our current city administrator to move forward with penalties and fines when they may be necessary.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1143", "start": 7866.499, "end": 7869.596, "text": "We govern not just for today, but for the long haul.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1144", "start": 7870.351, "end": 7890.718, "text": "And there is a long history, not in Portland specifically, though I wouldn't say it hasn't happened here, but broadly with cities struggling to hold large fossil fuel companies accountable when we are talking about the potential for environmental hazard and health hazard.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1145", "start": 7890.766, "end": 7890.991, "text": "Thank you, Mayor.", "speaker": "Loretta Smith" }, { "id": "cue-1146", "start": 7891.554, "end": 7900.349, "text": "And you see through the lawsuits that have moved through courts work to make sure that that accountability is there.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1147", "start": 7901.522, "end": 7916.553, "text": "And because we are dealing with that part of the law, because we are dealing with land use, because we are dealing with environmental health and human health and the potential for risk that we have at a facility like this, we strengthen the word.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1148", "start": 7917.525, "end": 7928.959, "text": "Not to create a landslide shift in everything we do at the city, but to recognize the importance of this piece and this space and the fact that we are legislating for the long haul.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1149", "start": 7931.5, "end": 7933.082, "text": "And Councilor Knoll also wanted to respond.", "speaker": "Jamie Dunphy" }, { "id": "cue-1150", "start": 7934.422, "end": 7935.003, "text": "Yeah, thanks.", "speaker": "Sameer Kanal" }, { "id": "cue-1151", "start": 7935.068, "end": 7943.964, "text": "I'll just note the word must appears 706 times in Title 17 of the code, which is what we're working on here.", "speaker": "Sameer Kanal" }, { "id": "cue-1152", "start": 7944.196, "end": 7945.174, "text": "They're all a little different.", "speaker": "Sameer Kanal" }, { "id": "cue-1153", "start": 7945.254, "end": 7951.557, "text": "Most of them are about how, um, you know, the— what an applicant must submit.", "speaker": "Sameer Kanal" }, { "id": "cue-1154", "start": 7952.134, "end": 7957.891, "text": "Um, but there are examples of what the word must is used to put an imposition upon the city.", "speaker": "Sameer Kanal" }, { "id": "cue-1155", "start": 7958.549, "end": 7966.134, "text": "Um, and I'll also note that I didn't bother checking this for shall, but that the city attorneys— I think it's the shall versus must is an antiquated text provision.", "speaker": "Sameer Kanal" }, { "id": "cue-1156", "start": 7966.183, "end": 7967, "text": "I'm seeing a nod there.", "speaker": "Sameer Kanal" }, { "id": "cue-1157", "start": 7967.401, "end": 7971.076, "text": "So there may well also be, um, the word shall Additional times.", "speaker": "Sameer Kanal" }, { "id": "cue-1158", "start": 7971.461, "end": 7975.269, "text": "But for example, in 1713.130, the city must undertake a review.", "speaker": "Sameer Kanal" }, { "id": "cue-1159", "start": 7975.381, "end": 7978.755, "text": "1713.140, The city must expend SDC revenues.", "speaker": "Sameer Kanal" }, { "id": "cue-1160", "start": 7979.269, "end": 7980.758, "text": "There's a lot of those sorts of things.", "speaker": "Sameer Kanal" }, { "id": "cue-1161", "start": 7982.498, "end": 7986.332, "text": "Much of our code has not yet been updated to specifically mention the city administrator.", "speaker": "Sameer Kanal" }, { "id": "cue-1162", "start": 7987.19, "end": 7995.143, "text": "That's why, like, that's a part of our general code updates for a position that didn't exist when the overwhelming majority of code was written.", "speaker": "Sameer Kanal" }, { "id": "cue-1163", "start": 7995.224, "end": 7995.37, "text": "Thank you.", "speaker": "Eric Engstrom" }, { "id": "cue-1164", "start": 7995.786, "end": 8003.308, "text": "But there are, I would say it is a minority of that 706 times, but there are a lot of places where must is imposed upon us.", "speaker": "Sameer Kanal" }, { "id": "cue-1165", "start": 8004.607, "end": 8007.766, "text": "For the specific usage, I agree with everything that Councilor Pirtle-Guiney said.", "speaker": "Sameer Kanal" }, { "id": "cue-1166", "start": 8008.151, "end": 8018.993, "text": "And I also think that Councilor Green kind of touched on a point about, you know, people are going to see this and understand that that means it's happening if there is a willful, I think the word is misrepresentation they used.", "speaker": "Sameer Kanal" }, { "id": "cue-1167", "start": 8019.073, "end": 8023.484, "text": "So that I would say is the other piece that's more specific.", "speaker": "Sameer Kanal" }, { "id": "cue-1168", "start": 8023.548, "end": 8026.474, "text": "But just in terms of a general sense, Something we've, we've done before.", "speaker": "Sameer Kanal" }, { "id": "cue-1169", "start": 8026.619, "end": 8031.519, "text": "Uh, are there any of those penalties— because you mentioned 706— are any of them in a penalty section?", "speaker": "Eric Zimmerman" }, { "id": "cue-1170", "start": 8031.568, "end": 8034.437, "text": "Because my question was specifically about penalty and not the word must.", "speaker": "Eric Zimmerman" }, { "id": "cue-1171", "start": 8035.868, "end": 8036.963, "text": "I'd be happy to go through them for you.", "speaker": "Sameer Kanal" }, { "id": "cue-1172", "start": 8037.029, "end": 8038.107, "text": "The attorney has said no.", "speaker": "Eric Zimmerman" }, { "id": "cue-1173", "start": 8039.918, "end": 8044.555, "text": "So I, so I recognize that the word must is a common word in the United States and in the English.", "speaker": "Eric Zimmerman" }, { "id": "cue-1174", "start": 8044.765, "end": 8045.119, "text": "I get it.", "speaker": "Dan Ryan" }, { "id": "cue-1175", "start": 8045.248, "end": 8046.584, "text": "But that wasn't really the question.", "speaker": "Eric Zimmerman" }, { "id": "cue-1176", "start": 8046.633, "end": 8053.028, "text": "So I kind of find your argument a little silly that I was specifically talking about in the penalty section.", "speaker": "Eric Zimmerman" }, { "id": "cue-1177", "start": 8053.093, "end": 8057.721, "text": "We have generally set up a system that looks for mitigation.", "speaker": "Eric Zimmerman" }, { "id": "cue-1178", "start": 8058.074, "end": 8067.17, "text": "And so I'm asking if there are other musts in our penalty sections that the city must impose a penalty, or if they're discretionary.", "speaker": "Eric Zimmerman" }, { "id": "cue-1179", "start": 8067.267, "end": 8067.897, "text": "That was my question.", "speaker": "Eric Zimmerman" }, { "id": "cue-1180", "start": 8067.977, "end": 8069.548, "text": "Okay, well then, to be more specific—.", "speaker": "Sameer Kanal" }, { "id": "cue-1181", "start": 8069.613, "end": 8070.996, "text": "And if it's yes, I want to hear that.", "speaker": "Eric Zimmerman" }, { "id": "cue-1182", "start": 8071.728, "end": 8078.631, "text": "So if you'll accept will as a synonym, 1726.170, penalty for violation.", "speaker": "Sameer Kanal" }, { "id": "cue-1183", "start": 8079.42, "end": 8085.715, "text": "Any person violating any of the provisions of this chapter will, upon conviction, be punished by a fine not exceeding $500.", "speaker": "Sameer Kanal" }, { "id": "cue-1184", "start": 8086.684, "end": 8090.273, "text": "Uh, and then in the later section it says will be subject to the penalty.", "speaker": "Sameer Kanal" }, { "id": "cue-1185", "start": 8090.322, "end": 8091.543, "text": "So it uses the word will twice.", "speaker": "Sameer Kanal" }, { "id": "cue-1186", "start": 8092.395, "end": 8115.854, "text": "Okay, so I, I think that, Councilor Pirtle-Guiney, your arguments about governing for the long, long haul are actually the reasons why I think May is the important word here because I think that, that enables good decision-making outside of 2026.", "speaker": "Eric Zimmerman" }, { "id": "cue-1187", "start": 8116.323, "end": 8121.286, "text": "And I think it's two sides of a similar argument here.", "speaker": "Eric Zimmerman" }, { "id": "cue-1188", "start": 8121.367, "end": 8139.989, "text": "I think I hear what you're saying, and, um, it's not that there would be a reason not to impose penalties, but I— but to be, you know, I'm writing other code right now that has to do with penalties, and so this is— I'm zeroing in on this Because we were clear about and trying to be descriptive in terms of the words we use.", "speaker": "Eric Zimmerman" }, { "id": "cue-1189", "start": 8140.101, "end": 8147.848, "text": "And so, um, this is, this is giving me some pause.", "speaker": "Eric Zimmerman" }, { "id": "cue-1190", "start": 8147.896, "end": 8152, "text": "I appreciate both yours and Councilor Green's explanation of those.", "speaker": "Eric Zimmerman" }, { "id": "cue-1191", "start": 8152.097, "end": 8153.744, "text": "Those are both important.", "speaker": "Eric Zimmerman" }, { "id": "cue-1192", "start": 8154.6, "end": 8160.33, "text": "And for me, very big shifts in how we do it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1193", "start": 8160.427, "end": 8166.799, "text": "If I'm a person who doesn't believe in Mandatory sentences, so to speak, right?", "speaker": "Eric Zimmerman" }, { "id": "cue-1194", "start": 8166.976, "end": 8173.887, "text": "I believe in— we've set our penalty structures, we set all that, and there's also usually a cure issue.", "speaker": "Eric Zimmerman" }, { "id": "cue-1195", "start": 8174.874, "end": 8183.837, "text": "But I do very much, Councilor Green, I do appreciate the misrepresented, meaning there was a deliberate aspect to that.", "speaker": "Eric Zimmerman" }, { "id": "cue-1196", "start": 8185.187, "end": 8188.432, "text": "And so that one, that holds water for me.", "speaker": "Eric Zimmerman" }, { "id": "cue-1197", "start": 8188.513, "end": 8188.625, "text": "Thank you.", "speaker": "Eric Engstrom" }, { "id": "cue-1198", "start": 8189.06, "end": 8196.625, "text": "I go back to who then determines what a material fact is in a situation.", "speaker": "Eric Zimmerman" }, { "id": "cue-1199", "start": 8203.86, "end": 8206.707, "text": "Councilor, is that an actual question you're looking for staff to answer?", "speaker": "Jamie Dunphy" }, { "id": "cue-1200", "start": 8207.111, "end": 8209.845, "text": "Anybody who feels they are equipped to answer would be fine.", "speaker": "Eric Zimmerman" }, { "id": "cue-1201", "start": 8210.136, "end": 8212.789, "text": "I'm getting a lot of Bueller moments, so it's okay.", "speaker": "Eric Zimmerman" }, { "id": "cue-1202", "start": 8214.363, "end": 8221.078, "text": "I think that number 4 was kind of seen as the one that nobody wanted to talk about, but this is the one that I feel like actually has a big difference here.", "speaker": "Eric Zimmerman" }, { "id": "cue-1203", "start": 8221.627, "end": 8227.339, "text": "I know you wrote novels for number 3, but number 4 is some new language that's different.", "speaker": "Eric Zimmerman" }, { "id": "cue-1204", "start": 8231.422, "end": 8239.717, "text": "Well, I would think that the city administrator would determine if it was a misrepresentation or an error.", "speaker": "Unidentified speaker" }, { "id": "cue-1205", "start": 8241.071, "end": 8246.186, "text": "And that, that misrepresentation rose to the level of a material fact.", "speaker": "Unidentified speaker" }, { "id": "cue-1206", "start": 8247.011, "end": 8259.31, "text": "And I would guess that the party on the other side would then have— if they disagreed, right, they would have their day in court to argue the opposite.", "speaker": "Unidentified speaker" }, { "id": "cue-1207", "start": 8260.959, "end": 8261.33, "text": "Is that right?", "speaker": "Unidentified speaker" }, { "id": "cue-1208", "start": 8261.459, "end": 8265.171, "text": "I look for legal counsel on that interpretation, but—.", "speaker": "Unidentified speaker" }, { "id": "cue-1209", "start": 8265.171, "end": 8265.267, "text": "Yeah.", "speaker": "Steve Novick" }, { "id": "cue-1210", "start": 8266.632, "end": 8274.561, "text": "Yes, that is how I read it, is that the city administrator would determine whether or not the fact— and then, uh, as it's currently drafted, must impose.", "speaker": "Unidentified speaker" }, { "id": "cue-1211", "start": 8275.381, "end": 8281.752, "text": "Um, will is typically used in a little bit, uh, something would happen in the future.", "speaker": "Unidentified speaker" }, { "id": "cue-1212", "start": 8281.848, "end": 8286.554, "text": "It's not, um, mandatory in the moment.", "speaker": "Unidentified speaker" }, { "id": "cue-1213", "start": 8286.849, "end": 8288.798, "text": "Um, and then may is the most permissive.", "speaker": "Unidentified speaker" }, { "id": "cue-1214", "start": 8291.076, "end": 8291.6, "text": "Thank you for that.", "speaker": "Eric Zimmerman" }, { "id": "cue-1215", "start": 8293.595, "end": 8302.412, "text": "Okay, um, into number 3 in the, the inventory and reporting requirements.", "speaker": "Eric Zimmerman" }, { "id": "cue-1216", "start": 8302.51, "end": 8306.591, "text": "There's a significant amount of change in number 3 in the, in the language.", "speaker": "Eric Zimmerman" }, { "id": "cue-1217", "start": 8308.138, "end": 8327.854, "text": "Um, I am curious again with these amendments, similar to the last set About— I have a sense of where they've come from, from the advocates and from the sponsors, but I'm curious in particular here, or frankly, I'll open it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1218", "start": 8328.687, "end": 8337.588, "text": "Are there concerns amongst any of these 1 through 5 from staff, given that you didn't include them, or that a lot of what you wrote has now been redlined out?", "speaker": "Eric Zimmerman" }, { "id": "cue-1219", "start": 8338.726, "end": 8343.377, "text": "So usually if I write a document and a lot of things get redlined out, I would probably have some concerns about it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1220", "start": 8343.441, "end": 8352.797, "text": "So I'm very curious of where your red flags are, what ones that you would like to advocate from the DPS's position be passed and which— what you think should not be passed out of these 5.", "speaker": "Eric Zimmerman" }, { "id": "cue-1221", "start": 8358.615, "end": 8376.02, "text": "I think specifically to the reporting requirements, I think again, you know, the iterative process and working with the community and understanding and what we've heard even from industry about the need for good data to make decisions or make adjustments in in the future.", "speaker": "Unidentified speaker" }, { "id": "cue-1222", "start": 8377.127, "end": 8389.135, "text": "That's why you see a lot of changes here, and especially, you know, more enhanced reporting and then the annual reporting of that data to the city and then in turn to City Council.", "speaker": "Unidentified speaker" }, { "id": "cue-1223", "start": 8389.279, "end": 8393.357, "text": "So that's why you see a lot of the changes in Amendment 3.", "speaker": "Unidentified speaker" }, { "id": "cue-1224", "start": 8394.047, "end": 8405.426, "text": "Um, I think the, uh, the ordinance directives, you know, that's Council's, uh, prerogative to say what they want to see happen.", "speaker": "Unidentified speaker" }, { "id": "cue-1225", "start": 8407.512, "end": 8409.11, "text": "The penalties, I, you know—.", "speaker": "Unidentified speaker" }, { "id": "cue-1226", "start": 8409.772, "end": 8412.048, "text": "I'm not actually asking for council's directive.", "speaker": "Eric Zimmerman" }, { "id": "cue-1227", "start": 8412.177, "end": 8415.599, "text": "I'm asking because this product originally came from you.", "speaker": "Eric Zimmerman" }, { "id": "cue-1228", "start": 8415.728, "end": 8421.933, "text": "I'm actually asking for a professional opinion from BPS because I have a feeling— I know where at least 5 are, they sponsored it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1229", "start": 8422.078, "end": 8429.932, "text": "But I would like to know from BPS if the things that you think that this document should achieve, if This helps it or hinders it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1230", "start": 8430.221, "end": 8433.207, "text": "Those are the types of things that would help me in evaluating such—.", "speaker": "Eric Zimmerman" }, { "id": "cue-1231", "start": 8434.524, "end": 8442.568, "text": "Councilor, one of the dialogues we had with the sponsors was just about workload implications, and that's not a pro or con argument about the language.", "speaker": "Unidentified speaker" }, { "id": "cue-1232", "start": 8442.649, "end": 8445.218, "text": "It's really just like, what would this take?", "speaker": "Unidentified speaker" }, { "id": "cue-1233", "start": 8445.362, "end": 8451.351, "text": "And it's true that more frequent reporting and analysis is going to cost us a little more staff time.", "speaker": "Unidentified speaker" }, { "id": "cue-1234", "start": 8455.571, "end": 8456.412, "text": "All right, thank you, Mr. President.", "speaker": "Eric Zimmerman" }, { "id": "cue-1235", "start": 8456.784, "end": 8457.543, "text": "Thank you, Councilor Zimmerman.", "speaker": "Jamie Dunphy" }, { "id": "cue-1236", "start": 8458.174, "end": 8458.74, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1237", "start": 8460.438, "end": 8461.667, "text": "Yes, thanks, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-1238", "start": 8461.796, "end": 8465.974, "text": "I apologize, I think that I'm looking at the amendment out of context.", "speaker": "Steve Novick" }, { "id": "cue-1239", "start": 8466.071, "end": 8473.139, "text": "I'm just curious, is there somewhere in the document, the original document, that it says how the penalties will be calculated?", "speaker": "Steve Novick" }, { "id": "cue-1240", "start": 8473.54, "end": 8475.866, "text": "You know, does it require the penalties be a certain amount?", "speaker": "Steve Novick" }, { "id": "cue-1241", "start": 8477.208, "end": 8477.431, "text": "Yes.", "speaker": "Unidentified speaker" }, { "id": "cue-1242", "start": 8479.306, "end": 8488.442, "text": "That was the, for the reporting requirements, it was the $12,000 a day for the first 30 days and then $24,000 a day thereafter.", "speaker": "Unidentified speaker" }, { "id": "cue-1243", "start": 8489.122, "end": 8500.433, "text": "And then the reduction requirement, failure to comply with the reduction requirement was 25 cents a gallon for every gallon that they failed to reduce.", "speaker": "Unidentified speaker" }, { "id": "cue-1244", "start": 8501.4, "end": 8510.246, "text": "So what I'm wondering is, Would this provision require us to get penalties of precisely those amounts?", "speaker": "Steve Novick" }, { "id": "cue-1245", "start": 8510.31, "end": 8512.157, "text": "And here's my concern.", "speaker": "Steve Novick" }, { "id": "cue-1246", "start": 8512.703, "end": 8522.963, "text": "I used to enforce the Clean Air Act and the Clean Water Act, and back at that time, the penalty was up to $25,000 per day per violation.", "speaker": "Steve Novick" }, { "id": "cue-1247", "start": 8523.477, "end": 8527.523, "text": "So we would sometimes come in saying, okay, here's a penalty of $14 million based on that.", "speaker": "Steve Novick" }, { "id": "cue-1248", "start": 8527.635, "end": 8528.888, "text": "The company would say, that's insane.", "speaker": "Steve Novick" }, { "id": "cue-1249", "start": 8528.952, "end": 8529.98, "text": "And then we'd argue about it.", "speaker": "Steve Novick" }, { "id": "cue-1250", "start": 8530.044, "end": 8533.189, "text": "We wind up with with settling for something less than that.", "speaker": "Steve Novick" }, { "id": "cue-1251", "start": 8535.227, "end": 8549.344, "text": "If this would require it to say, here is the amount of the penalty, period, there's no negotiation, then I think we need to take into account the likelihood that that would drive more cases to court rather than enable us to settle them.", "speaker": "Steve Novick" }, { "id": "cue-1252", "start": 8549.796, "end": 8558.284, "text": "So I just want to know if the language we have would be interpreted as we will— I mean, I'm okay with must, impose some penalty.", "speaker": "Steve Novick" }, { "id": "cue-1253", "start": 8558.818, "end": 8565.088, "text": "I have some concerns about the operability of saying must impose a penalty of a specific amount and there's no room for negotiation.", "speaker": "Steve Novick" }, { "id": "cue-1254", "start": 8566.822, "end": 8568.429, "text": "I guess this is really a question for the city attorney.", "speaker": "Steve Novick" }, { "id": "cue-1255", "start": 8568.493, "end": 8569.072, "text": "How do you read it?", "speaker": "Steve Novick" }, { "id": "cue-1256", "start": 8569.152, "end": 8575.794, "text": "Does it— we must impose a specific penalty, or would it give some flexibility to negotiate the penalty?", "speaker": "Steve Novick" }, { "id": "cue-1257", "start": 8577.841, "end": 8581.154, "text": "Um, as I— and I need— I also have multiple pieces.", "speaker": "Unidentified speaker" }, { "id": "cue-1258", "start": 8581.349, "end": 8592.415, "text": "So I read it and understood the intent was that the city administrator must impose the penalty as outlined in the code, and that the code outlines the set amounts, that there's not an opportunity to negotiate it.", "speaker": "Unidentified speaker" }, { "id": "cue-1259", "start": 8594.292, "end": 8617.618, "text": "Okay, then that does raise a sort of a, a capacity concern for me, um, because it means— I mean, I think it increases the odds that our city attorney will be litigating every penalty in court rather than having a back and forth and being able to negotiate something, which is normally what happens when you're assessing penalties.", "speaker": "Steve Novick" }, { "id": "cue-1260", "start": 8619.792, "end": 8630.729, "text": "If I may, the other piece of this is the process that we go through with the reporting and that the failure to comply determination.", "speaker": "Unidentified speaker" }, { "id": "cue-1261", "start": 8631.473, "end": 8648.749, "text": "And the code outlines a process of Submittal, verification by staff, a feedback loop, first with the terminals to get more information or incomplete information, then a public comment period.", "speaker": "Unidentified speaker" }, { "id": "cue-1262", "start": 8650.002, "end": 8661.053, "text": "And so there's a number of back and forth steps that we would go through with a terminal before we would make a determination that they have failed to comply.", "speaker": "Unidentified speaker" }, { "id": "cue-1263", "start": 8661.566, "end": 8673.889, "text": "And I think that's where sort of the flexibility in the process and the iteration before we, you know, make that determination and start imposing penalties.", "speaker": "Unidentified speaker" }, { "id": "cue-1264", "start": 8674.081, "end": 8674.274, "text": "Right.", "speaker": "Steve Novick" }, { "id": "cue-1265", "start": 8674.322, "end": 8677.815, "text": "But I mean, this means it's sort of all or nothing.", "speaker": "Steve Novick" }, { "id": "cue-1266", "start": 8678.552, "end": 8685.732, "text": "I mean, normally you sort of like make a risk assessment of if this goes to court, what are the odds we'll win?", "speaker": "Steve Novick" }, { "id": "cue-1267", "start": 8686.164, "end": 8691.504, "text": "And You don't always go for— I mean, just like, you know, prosecutors, you don't always go for the maximum.", "speaker": "Steve Novick" }, { "id": "cue-1268", "start": 8692.098, "end": 8700.277, "text": "Um, you have some, uh, you know, thought about the likelihood of victory, and you adjust the penalty appropriately.", "speaker": "Steve Novick" }, { "id": "cue-1269", "start": 8700.71, "end": 8700.87, "text": "Okay.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-1270", "start": 8701.415, "end": 8712.481, "text": "So actually, again, Lauren, I don't mean to put you on the spot, and, uh, you know, but I mean, I'm just— if you're comfortable saying, does that raise any concerns for you?", "speaker": "Steve Novick" }, { "id": "cue-1271", "start": 8716.409, "end": 8721.266, "text": "Are you asking about the language or whether I have legal concerns about the implementation?", "speaker": "Unidentified speaker" }, { "id": "cue-1272", "start": 8721.683, "end": 8736.462, "text": "Uh, concerns or sort of practical concerns about the implementation, that it's harder to work with a mandate that you recover a specific penalty than with a mandate that you recover some penalty and you have some flexibility to negotiate what it is.", "speaker": "Steve Novick" }, { "id": "cue-1273", "start": 8737.472, "end": 8747.73, "text": "I think that that would have to be a question for Robert Taylor about how our office is run in the— I mean, that's sort of a policy business It's a business decision about the office and the resources for the city attorneys.", "speaker": "Unidentified speaker" }, { "id": "cue-1274", "start": 8748.245, "end": 8750.274, "text": "But I think your assessment is correct.", "speaker": "Unidentified speaker" }, { "id": "cue-1275", "start": 8750.403, "end": 8757.168, "text": "It would avoid the ability for there any sort of negotiation of the penalties that we have in other code sections.", "speaker": "Unidentified speaker" }, { "id": "cue-1276", "start": 8758.237, "end": 8758.594, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-1277", "start": 8758.804, "end": 8762.109, "text": "In that case, I actually would like to have Mr. Taylor here to answer the question.", "speaker": "Steve Novick" }, { "id": "cue-1278", "start": 8767.61, "end": 8770.324, "text": "Let's see if he can make his way down here to answer your question.", "speaker": "Jamie Dunphy" }, { "id": "cue-1279", "start": 8770.422, "end": 8778.385, "text": "In the interim, I will move to Councilor— is that okay, Councilor Novick, while we wait for Robert?", "speaker": "Jamie Dunphy" }, { "id": "cue-1280", "start": 8778.706, "end": 8780.533, "text": "Steve, is that all right to move on for a second and come back?", "speaker": "Jamie Dunphy" }, { "id": "cue-1281", "start": 8780.95, "end": 8781.046, "text": "Yeah.", "speaker": "Jamie Dunphy" }, { "id": "cue-1282", "start": 8781.174, "end": 8781.447, "text": "Okay, great.", "speaker": "Dan Ryan" }, { "id": "cue-1283", "start": 8781.511, "end": 8781.687, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1284", "start": 8782.232, "end": 8782.649, "text": "Councilor Knoll.", "speaker": "Jamie Dunphy" }, { "id": "cue-1285", "start": 8783.354, "end": 8784.14, "text": "Thanks, Council President.", "speaker": "Sameer Kanal" }, { "id": "cue-1286", "start": 8784.236, "end": 8797.589, "text": "Yeah, I mean, I, I imagine, um, and, and different parts of the City Attorney's Office are involved in different things, but we do often end up having negotiations in court— well, in parallel to a court process is how we get settlements.", "speaker": "Sameer Kanal" }, { "id": "cue-1287", "start": 8798.28, "end": 8809.216, "text": "So I, I, I think it's a question of where's that negotiation happening as well, in terms of City Administrator's Office, in terms of the Bureau, or in terms of the, um, the Attorney's Office.", "speaker": "Sameer Kanal" }, { "id": "cue-1288", "start": 8809.409, "end": 8811.143, "text": "I, I wanted— I, I didn't get in the queue for this.", "speaker": "Sameer Kanal" }, { "id": "cue-1289", "start": 8811.256, "end": 8815.271, "text": "I just wanted to flag that, and I think it may be helpful to have Robert, uh, comment on that part too.", "speaker": "Sameer Kanal" }, { "id": "cue-1290", "start": 8815.993, "end": 8827.746, "text": "But the, the reason I got in the queue is I think there's been another conversation that's happened about preemption, and, um, there's a piece here that is Relevant to 15 other issues that we talk about.", "speaker": "Sameer Kanal" }, { "id": "cue-1291", "start": 8828.195, "end": 8842.778, "text": "And I think it's a question of, uh, we're assuming based on some, uh, knowledge of some legislators or the governor or whatever that the state has a particular interest and is considering putting something forward that might tie our hands.", "speaker": "Sameer Kanal" }, { "id": "cue-1292", "start": 8843.291, "end": 8854.486, "text": "I think it's the same conversation that we have to have with the federal government of are we going to comply in advance, are we going to try to do the things that we believe we should do as a city While we are currently not preempted on many of these issues.", "speaker": "Sameer Kanal" }, { "id": "cue-1293", "start": 8855.143, "end": 8858.51, "text": "Um, and I think it— we, we should be doing that.", "speaker": "Sameer Kanal" }, { "id": "cue-1294", "start": 8858.59, "end": 8870.309, "text": "And I'll also note there's a lot of analysis, not specific to this issue but to other issues, that, that when cities act first, that, that, that actually lowers the chance of being preempted.", "speaker": "Sameer Kanal" }, { "id": "cue-1295", "start": 8871.575, "end": 8884.871, "text": "And, um, and I think that's because, you know, we have a good Portland area delegation who knows that their voters elected us too, and we made this, this, uh, decision and, and imposed this particular, um, policy choice.", "speaker": "Sameer Kanal" }, { "id": "cue-1296", "start": 8885.128, "end": 8889.7, "text": "And then based on that, they're going to say, well, we're going to invalidate the people you also voted for.", "speaker": "Sameer Kanal" }, { "id": "cue-1297", "start": 8890.101, "end": 8891.256, "text": "It, it becomes a little harder.", "speaker": "Sameer Kanal" }, { "id": "cue-1298", "start": 8891.321, "end": 8905.738, "text": "So I think we should be assessing this from the perspective of what do we believe our voters want, and then letting our voters know to tell their state representatives not to mess with, with our ability to, to exert local Thank you, Councilor Knoll.", "speaker": "Sameer Kanal" }, { "id": "cue-1299", "start": 8906.526, "end": 8912.249, "text": "Our city attorney is getting briefed on the question at hand, and we will welcome him over.", "speaker": "Jamie Dunphy" }, { "id": "cue-1300", "start": 8913.416, "end": 8914.238, "text": "Welcome, Mr. Taylor.", "speaker": "Jamie Dunphy" }, { "id": "cue-1301", "start": 8918.92, "end": 8920.944, "text": "Hi, uh, Robert Taylor, city attorney.", "speaker": "Robert Taylor" }, { "id": "cue-1302", "start": 8921.339, "end": 8931.858, "text": "As I understand the question, uh, the— if, if you choose to use the word must in the code, that is a mandatory.", "speaker": "Robert Taylor" }, { "id": "cue-1303", "start": 8932.928, "end": 8936.764, "text": "If you choose to use may in the code, that gives some discretion.", "speaker": "Robert Taylor" }, { "id": "cue-1304", "start": 8937.935, "end": 8947.966, "text": "So if you use must, and that says the city administrator must impose a penalty, then the city administrator will do that.", "speaker": "Robert Taylor" }, { "id": "cue-1305", "start": 8948.03, "end": 8948.319, "text": "They will—.", "speaker": "Eric Zimmerman" }, { "id": "cue-1306", "start": 8948.656, "end": 8950.229, "text": "They do not have discretion.", "speaker": "Robert Taylor" }, { "id": "cue-1307", "start": 8951.706, "end": 8968.425, "text": "Uh, once that penalty, if it's challenged, uh, and we're in a litigation posture, I think it's— it is possible at that point to negotiate some sort of resolution once we're in the litigation.", "speaker": "Robert Taylor" }, { "id": "cue-1308", "start": 8969.196, "end": 8983.458, "text": "But in terms of at the front end, does the city administrator have any discretion, or does the— or do the folks that work for the administrator have any discretion to work with the party to decide whether or not to impose it in the first place?", "speaker": "Robert Taylor" }, { "id": "cue-1309", "start": 8983.506, "end": 8985.607, "text": "I think the city administrator They don't have discretion.", "speaker": "Mitch Green" }, { "id": "cue-1310", "start": 8986.601, "end": 8991.602, "text": "And I think that's the real choice that the council has in front of them right now.", "speaker": "Robert Taylor" }, { "id": "cue-1311", "start": 8991.827, "end": 9008.756, "text": "Do they want to give the staff some discretion to work with the party before the penalty is imposed, or would they like to limit that discretion, have the penalty imposed, and then if there is a challenge in litigation, leave it to that to be worked out?", "speaker": "Robert Taylor" }, { "id": "cue-1312", "start": 9008.804, "end": 9009.429, "text": "I think that's a good question.", "speaker": "Eric Zimmerman" }, { "id": "cue-1313", "start": 9009.766, "end": 9011.485, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1314", "start": 9011.791, "end": 9011.903, "text": "Yes.", "speaker": "Jamie Dunphy" }, { "id": "cue-1315", "start": 9012.369, "end": 9030.958, "text": "So your interpretation based on this language is if the city administrator was mandated to impose a penalty of a specific amount, um, and then somebody did— the, the company challenged it in court, you would still think that you would have the ability to negotiate a smaller penalty?", "speaker": "Steve Novick" }, { "id": "cue-1316", "start": 9031.391, "end": 9051.038, "text": "You wouldn't have to go to the wall and go, go to court and fight like hell for I think if we were in the litigation posture, like any other litigation that we have, we would have the opportunity to try to work that out at that stage.", "speaker": "Robert Taylor" }, { "id": "cue-1317", "start": 9052.281, "end": 9058.302, "text": "This language is directed at the city administrator's authority to impose it as an initial matter.", "speaker": "Robert Taylor" }, { "id": "cue-1318", "start": 9059.125, "end": 9062.647, "text": "And this would not give the administrator discretion.", "speaker": "Robert Taylor" }, { "id": "cue-1319", "start": 9062.857, "end": 9064.068, "text": "They would have to impose it.", "speaker": "Robert Taylor" }, { "id": "cue-1320", "start": 9064.133, "end": 9068.01, "text": "I think the language is And then it would go through the process.", "speaker": "Robert Taylor" }, { "id": "cue-1321", "start": 9068.351, "end": 9070.737, "text": "So that's the real choice in front of you.", "speaker": "Robert Taylor" }, { "id": "cue-1322", "start": 9070.964, "end": 9083.295, "text": "Do you want to give the administrator any discretion on the front end to try to, as was described, before they impose it, perhaps give somebody an opportunity to come into compliance?", "speaker": "Robert Taylor" }, { "id": "cue-1323", "start": 9085.118, "end": 9086.267, "text": "Thank you, Mr. Taylor.", "speaker": "Steve Novick" }, { "id": "cue-1324", "start": 9086.364, "end": 9091.899, "text": "So I'm a lawyer, so I care about imposing things on lawyers, not on city administrators.", "speaker": "Steve Novick" }, { "id": "cue-1325", "start": 9092.994, "end": 9096.866, "text": "So my concern was, you know, handcuffing our lawyers.", "speaker": "Steve Novick" }, { "id": "cue-1326", "start": 9097.091, "end": 9110.086, "text": "But I would like to hear from the sponsors if they were okay with the idea that after the city administrator imposed the mandatory penalty, if we're in litigation, the city attorney would have the ability to do some negotiation.", "speaker": "Steve Novick" }, { "id": "cue-1327", "start": 9112.259, "end": 9112.388, "text": "Yes.", "speaker": "Dan Ryan" }, { "id": "cue-1328", "start": 9113.486, "end": 9113.729, "text": "Yes.", "speaker": "Angelita Morillo" }, { "id": "cue-1329", "start": 9113.971, "end": 9114.633, "text": "Yeah.", "speaker": "Steve Novick" }, { "id": "cue-1330", "start": 9114.94, "end": 9116.151, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-1331", "start": 9117.185, "end": 9118.203, "text": "Thank you very much, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1332", "start": 9118.688, "end": 9121.102, "text": "Councilor Kanal, you also had a question for the city attorney, is that right?", "speaker": "Jamie Dunphy" }, { "id": "cue-1333", "start": 9121.344, "end": 9122.744, "text": "I think you got covered.", "speaker": "Steve Novick" }, { "id": "cue-1334", "start": 9122.873, "end": 9123.614, "text": "Okay, great.", "speaker": "Jamie Dunphy" }, { "id": "cue-1335", "start": 9125.9, "end": 9128.201, "text": "Pausing for dramatic effect to see if anyone else wants to talk.", "speaker": "Jamie Dunphy" }, { "id": "cue-1336", "start": 9130.196, "end": 9130.908, "text": "Okay, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-1337", "start": 9131.589, "end": 9143.249, "text": "Keelan, can we please move towards a vote, a divided vote on the question, uh, starting with the separate vote on Amendment 2 regarding aviation fuel exemption and then moving to a second vote on the remainder?", "speaker": "Jamie Dunphy" }, { "id": "cue-1338", "start": 9144.058, "end": 9146.795, "text": "Council President, can we clarify what the vote is, how that works?", "speaker": "Olivia Clark" }, { "id": "cue-1339", "start": 9151.266, "end": 9153.047, "text": "No, it's a yes to amend.", "speaker": "Mitch Green" }, { "id": "cue-1340", "start": 9153.354, "end": 9153.808, "text": "Yes to amend.", "speaker": "Olivia Clark" }, { "id": "cue-1341", "start": 9153.872, "end": 9154.844, "text": "As the language is here.", "speaker": "Mitch Green" }, { "id": "cue-1342", "start": 9154.909, "end": 9157.661, "text": "So if you don't like that, then you gotta vote no.", "speaker": "Mitch Green" }, { "id": "cue-1343", "start": 9158.389, "end": 9159.167, "text": "Wait, say that again.", "speaker": "Olivia Clark" }, { "id": "cue-1344", "start": 9161.483, "end": 9162.632, "text": "Vote no.", "speaker": "Jamie Dunphy" }, { "id": "cue-1345", "start": 9165.3, "end": 9166.125, "text": "Okay.", "speaker": "Unidentified speaker" }, { "id": "cue-1346", "start": 9168.68, "end": 9172.834, "text": "So, okay, let's just be clear that to amend this, to remove the amendment, you would have to vote no.", "speaker": "Olivia Clark" }, { "id": "cue-1347", "start": 9174.731, "end": 9180.172, "text": "Council President, may I offer a different way of thinking about this?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1348", "start": 9180.22, "end": 9180.574, "text": "Okay, sorry.", "speaker": "Loretta Smith" }, { "id": "cue-1349", "start": 9181.25, "end": 9187.161, "text": "You have separated the amendment, so we are voting on Section 2 of the amendment.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1350", "start": 9187.711, "end": 9194.624, "text": "An affirmative vote passes Section 2 of the amendment, so you are voting to pass that.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1351", "start": 9194.801, "end": 9195.075, "text": "Got it.", "speaker": "Patricia Diefendorfer" }, { "id": "cue-1352", "start": 9195.14, "end": 9199.001, "text": "A no vote votes not to pass that change.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1353", "start": 9199.05, "end": 9204.605, "text": "So if you want Section 2 to go into effect now, separate from the rest of it, you vote yes.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1354", "start": 9204.894, "end": 9207.576, "text": "If you do not want it to go into effect, you vote no.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1355", "start": 9207.704, "end": 9209.567, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1356", "start": 9209.775, "end": 9210.048, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1357", "start": 9210.915, "end": 9211.895, "text": "Keelan, can we please call the roll?", "speaker": "Jamie Dunphy" }, { "id": "cue-1358", "start": 9212.746, "end": 9213.163, "text": "Clerk—.", "speaker": "Keelan McClymont" }, { "id": "cue-1359", "start": 9213.163, "end": 9215.235, "text": "It's important because I'm the first vote— no.", "speaker": "Olivia Clark" }, { "id": "cue-1360", "start": 9215.797, "end": 9217.226, "text": "Green?", "speaker": "Keelan McClymont" }, { "id": "cue-1361", "start": 9218.366, "end": 9218.494, "text": "Yes.", "speaker": "Mitch Green" }, { "id": "cue-1362", "start": 9219.281, "end": 9219.715, "text": "Zimmerman?", "speaker": "Keelan McClymont" }, { "id": "cue-1363", "start": 9219.827, "end": 9220.052, "text": "No.", "speaker": "Eric Zimmerman" }, { "id": "cue-1364", "start": 9220.694, "end": 9220.999, "text": "Avalos?", "speaker": "Keelan McClymont" }, { "id": "cue-1365", "start": 9222.059, "end": 9222.235, "text": "Aye.", "speaker": "Candace Avalos" }, { "id": "cue-1366", "start": 9223.183, "end": 9223.568, "text": "Smith?", "speaker": "Keelan McClymont" }, { "id": "cue-1367", "start": 9224.9, "end": 9225.063, "text": "No.", "speaker": "Loretta Smith" }, { "id": "cue-1368", "start": 9226.382, "end": 9226.398, "text": "Aye.", "speaker": "Keelan McClymont" }, { "id": "cue-1369", "start": 9228.808, "end": 9228.856, "text": "Aye.", "speaker": "Mitch Green" }, { "id": "cue-1370", "start": 9230.107, "end": 9230.284, "text": "Aye.", "speaker": "Dan Ryan" }, { "id": "cue-1371", "start": 9233.989, "end": 9237.934, "text": "Novick.", "speaker": "Keelan McClymont" }, { "id": "cue-1372", "start": 9238.176, "end": 9238.401, "text": "No.", "speaker": "Steve Novick" }, { "id": "cue-1373", "start": 9239.03, "end": 9239.351, "text": "Dunphy.", "speaker": "Keelan McClymont" }, { "id": "cue-1374", "start": 9239.77, "end": 9240.012, "text": "No.", "speaker": "Jamie Dunphy" }, { "id": "cue-1375", "start": 9242.04, "end": 9248.448, "text": "The amendment, uh, part 2, amendment 2 fails with a vote of 6 ayes and 6 nays.", "speaker": "Keelan McClymont" }, { "id": "cue-1376", "start": 9248.77, "end": 9253.355, "text": "Can we please call the Roll on the remainder of the Green-Pirtle-Guinea-Canal-Clark-Koyama Lane 2.", "speaker": "Jamie Dunphy" }, { "id": "cue-1377", "start": 9255.438, "end": 9255.794, "text": "Clark?", "speaker": "Keelan McClymont" }, { "id": "cue-1378", "start": 9256.811, "end": 9256.973, "text": "Aye.", "speaker": "Olivia Clark" }, { "id": "cue-1379", "start": 9258.33, "end": 9258.812, "text": "Green?", "speaker": "Keelan McClymont" }, { "id": "cue-1380", "start": 9259.473, "end": 9259.521, "text": "Aye.", "speaker": "Mitch Green" }, { "id": "cue-1381", "start": 9260.358, "end": 9260.777, "text": "Zimmerman?", "speaker": "Keelan McClymont" }, { "id": "cue-1382", "start": 9260.938, "end": 9261.163, "text": "No.", "speaker": "Eric Zimmerman" }, { "id": "cue-1383", "start": 9262.531, "end": 9262.918, "text": "Avalos?", "speaker": "Keelan McClymont" }, { "id": "cue-1384", "start": 9263.272, "end": 9263.449, "text": "Aye.", "speaker": "Candace Avalos" }, { "id": "cue-1385", "start": 9263.916, "end": 9264.206, "text": "Smith?", "speaker": "Keelan McClymont" }, { "id": "cue-1386", "start": 9265.542, "end": 9267.538, "text": "Is this to take the aviation fuel out?", "speaker": "Loretta Smith" }, { "id": "cue-1387", "start": 9267.78, "end": 9268.589, "text": "This is everything else now.", "speaker": "Jamie Dunphy" }, { "id": "cue-1388", "start": 9269.238, "end": 9269.871, "text": "Everything but— yeah.", "speaker": "Jamie Dunphy" }, { "id": "cue-1389", "start": 9271.412, "end": 9271.461, "text": "Aye.", "speaker": "Loretta Smith" }, { "id": "cue-1390", "start": 9273.846, "end": 9274.236, "text": "Canal?", "speaker": "Keelan McClymont" }, { "id": "cue-1391", "start": 9274.739, "end": 9274.788, "text": "Aye.", "speaker": "Sameer Kanal" }, { "id": "cue-1392", "start": 9278.232, "end": 9278.248, "text": "Aye.", "speaker": "Sameer Kanal" }, { "id": "cue-1393", "start": 9279.861, "end": 9279.958, "text": "No.", "speaker": "Keelan McClymont" }, { "id": "cue-1394", "start": 9280.652, "end": 9280.701, "text": "Aye.", "speaker": "Olivia Clark" }, { "id": "cue-1395", "start": 9282.508, "end": 9282.556, "text": "Aye.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1396", "start": 9284.283, "end": 9284.331, "text": "Aye.", "speaker": "Steve Novick" }, { "id": "cue-1397", "start": 9286.867, "end": 9286.883, "text": "Aye.", "speaker": "Candace Avalos" }, { "id": "cue-1398", "start": 9287.368, "end": 9292.268, "text": "Amendments 1, 3, 4, and 5 are approved with a vote of 10 ayes and 2 nays.", "speaker": "Keelan McClymont" }, { "id": "cue-1399", "start": 9292.397, "end": 9294.023, "text": "Thank you very much, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-1400", "start": 9294.072, "end": 9294.745, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1401", "start": 9299.563, "end": 9300.942, "text": "Are you asking me to introduce my amendment?", "speaker": "Steve Novick" }, { "id": "cue-1402", "start": 9301.024, "end": 9302.961, "text": "I am asking you to introduce your amendment now.", "speaker": "Jamie Dunphy" }, { "id": "cue-1403", "start": 9303.67, "end": 9306.887, "text": "Um, okay, um, hang on, hang on just a second.", "speaker": "Steve Novick" }, { "id": "cue-1404", "start": 9308.53, "end": 9333.112, "text": "Um, there's, uh, um, So, um, as I stated last week, My amendment would add this language to Title 17.", "speaker": "Steve Novick" }, { "id": "cue-1405", "start": 9333.208, "end": 9334.686, "text": "It would be a new paragraph 20.", "speaker": "Steve Novick" }, { "id": "cue-1406", "start": 9335.939, "end": 9344.886, "text": "The council recognizes that unless there's an actual reduction in demand for liquid fuel, the state legislature is likely to override any drawdown requirement before that requirement becomes effective.", "speaker": "Steve Novick" }, { "id": "cue-1407", "start": 9345.512, "end": 9348.291, "text": "Therefore, it is incumbent on the city to do what it can to reduce demand.", "speaker": "Steve Novick" }, { "id": "cue-1408", "start": 9348.805, "end": 9365.326, "text": "Accordingly, council expresses our commitment to work with the PCEF committee and other stakeholders to ensure that the next climate investment plan At least 40% of Portland Clean Energy Fund dollars will be spent on transportation measures to promote transit, biking, walking, transition to electric cars, and the reduction of diesel emissions.", "speaker": "Steve Novick" }, { "id": "cue-1409", "start": 9366.068, "end": 9373.717, "text": "And here I've prepared a sort of Q&A on my proposal that I'm going to distribute for you to follow along.", "speaker": "Steve Novick" }, { "id": "cue-1410", "start": 9376.417, "end": 9381.358, "text": "First question, why talk about PCF spending on transportation in the context of the CI Hub drawdown?", "speaker": "Steve Novick" }, { "id": "cue-1411", "start": 9382.844, "end": 9386.9, "text": "Answer: The vast majority of the fuel in the CEI hub is used for transportation.", "speaker": "Steve Novick" }, { "id": "cue-1412", "start": 9387.573, "end": 9393.793, "text": "If demand for transportation fuel does not go down, then the drawdown requirement would likely cause a fuel crisis and spike gas prices.", "speaker": "Steve Novick" }, { "id": "cue-1413", "start": 9394.787, "end": 9396.23, "text": "The legislature would not let that happen.", "speaker": "Steve Novick" }, { "id": "cue-1414", "start": 9396.63, "end": 9398.602, "text": "They just override the drawdown requirement instead.", "speaker": "Steve Novick" }, { "id": "cue-1415", "start": 9399.195, "end": 9404.053, "text": "So if you really want a drawdown requirement to stand, we should be doing everything we can to reduce demand.", "speaker": "Steve Novick" }, { "id": "cue-1416", "start": 9404.566, "end": 9406.185, "text": "We are just one part of the regional market.", "speaker": "Steve Novick" }, { "id": "cue-1417", "start": 9406.489, "end": 9407.419, "text": "We are a significant part.", "speaker": "Steve Novick" }, { "id": "cue-1418", "start": 9407.467, "end": 9407.579, "text": "Thank you.", "speaker": "Olivia Clark" }, { "id": "cue-1419", "start": 9408.499, "end": 9419.035, "text": "In addition, even if the legislature would allow that to happen, would we really want to cause a huge increase in gas prices if we haven't made the investments to ensure Portlanders have alternatives to driving fossil fuel cars?", "speaker": "Steve Novick" }, { "id": "cue-1420", "start": 9419.551, "end": 9423.278, "text": "Transit, electric car infrastructure, measures to promote biking and walking.", "speaker": "Steve Novick" }, { "id": "cue-1421", "start": 9423.891, "end": 9430.401, "text": "If alternatives are insufficient, Portlanders would just be stuck paying higher gas prices, which would of course disproportionately affect low-income people.", "speaker": "Steve Novick" }, { "id": "cue-1422", "start": 9431.96, "end": 9432.385, "text": "Why 40%?", "speaker": "Steve Novick" }, { "id": "cue-1423", "start": 9433.462, "end": 9436.883, "text": "Currently, 40% of greenhouse gas emissions in Portland come from transportation.", "speaker": "Steve Novick" }, { "id": "cue-1424", "start": 9437.461, "end": 9441.7, "text": "But in the current CIP, we only spend about 22% of PSF funds on transportation.", "speaker": "Steve Novick" }, { "id": "cue-1425", "start": 9442.374, "end": 9446.886, "text": "The bulk of the money, more than half, goes to projects that involve reducing emissions from buildings.", "speaker": "Steve Novick" }, { "id": "cue-1426", "start": 9447.432, "end": 9450.771, "text": "And at the beginning of the PSF program, hardly anything went to transportation.", "speaker": "Steve Novick" }, { "id": "cue-1427", "start": 9452.088, "end": 9455.99, "text": "There's actually a strong argument we should be spending more than 40% of PSF on transportation.", "speaker": "Steve Novick" }, { "id": "cue-1428", "start": 9456.568, "end": 9458.511, "text": "Transportation is a very tough nut to crack.", "speaker": "Steve Novick" }, { "id": "cue-1429", "start": 9458.912, "end": 9463.007, "text": "In recent years, emissions from buildings have been going down at a much faster rate than from transportation.", "speaker": "Steve Novick" }, { "id": "cue-1430", "start": 9463.954, "end": 9475.98, "text": "Since the legislature has ordered PG&E and PacificCorp to move to 100% renewable, we should expect that trend to continue because electrically powered, you know, heating and cooling will have lower emissions.", "speaker": "Steve Novick" }, { "id": "cue-1431", "start": 9476.655, "end": 9484.137, "text": "But we really can't expect transportation emissions to decline as quickly as we want without major investments in transit, biking, walking, and electric car infrastructure.", "speaker": "Steve Novick" }, { "id": "cue-1432", "start": 9485.952, "end": 9486.497, "text": "Next question.", "speaker": "Steve Novick" }, { "id": "cue-1433", "start": 9487.011, "end": 9490.03, "text": "Before committing to 40%, don't we need to hear from, quote, community?", "speaker": "Steve Novick" }, { "id": "cue-1434", "start": 9490.303, "end": 9492.053, "text": "That's something I heard from Sharice Bach last week.", "speaker": "Steve Novick" }, { "id": "cue-1435", "start": 9493.032, "end": 9495.891, "text": "I put community in quotes here because that term gets used a lot in City Hall.", "speaker": "Steve Novick" }, { "id": "cue-1436", "start": 9496.324, "end": 9497.737, "text": "I don't think there's agreement on what it means.", "speaker": "Steve Novick" }, { "id": "cue-1437", "start": 9498.315, "end": 9502.827, "text": "Often it seems to refer to people who can be activated by politically engaged nonprofits.", "speaker": "Steve Novick" }, { "id": "cue-1438", "start": 9503.228, "end": 9509.025, "text": "If a nonprofit sends out an APB and we get 200 emails and 20 people show up to a council meeting, by God, we've heard from community.", "speaker": "Steve Novick" }, { "id": "cue-1439", "start": 9509.876, "end": 9516.21, "text": "But the actual community of Portland is over 600,000 people, and the community of PSF priority populations is over 200,000 people.", "speaker": "Steve Novick" }, { "id": "cue-1440", "start": 9516.627, "end": 9520.412, "text": "We can't assume that any nonprofit speaks for that big a community on every issue.", "speaker": "Steve Novick" }, { "id": "cue-1441", "start": 9521.502, "end": 9527.259, "text": "The only reliable way to get a real sense of how a community that large thinks about that issue is through scientific polling.", "speaker": "Steve Novick" }, { "id": "cue-1442", "start": 9527.837, "end": 9535.887, "text": "Councilor Canale and I polled 500 people from PSF priority populations, plus 300 random white people as a sort of control group, on how PSF money should be spent.", "speaker": "Steve Novick" }, { "id": "cue-1443", "start": 9536.753, "end": 9549.14, "text": "Given 3 options of how to spend PSEF money— generating more renewable energy locally, weatherizing homes to make them more energy efficient, or making bus service more frequent and reliable— the PSEF priority populations prioritized improved bus service.", "speaker": "Steve Novick" }, { "id": "cue-1444", "start": 9549.652, "end": 9553.274, "text": "By contrast, white people prioritized generating more renewable energy locally.", "speaker": "Steve Novick" }, { "id": "cue-1445", "start": 9554.38, "end": 9558.594, "text": "In addition, we told people that buildings and transportation emit about an equal amount of pollution.", "speaker": "Steve Novick" }, { "id": "cue-1446", "start": 9558.947, "end": 9561.655, "text": "Right now, buildings are at 42%, transportation is at 40%.", "speaker": "Steve Novick" }, { "id": "cue-1447", "start": 9561.735, "end": 9561.959, "text": "Thank you.", "speaker": "Eric Zimmerman" }, { "id": "cue-1448", "start": 9562.537, "end": 9567.113, "text": "And we asked if PSF should spend more funds on buildings, more on transportation, or an equal amount on the two.", "speaker": "Steve Novick" }, { "id": "cue-1449", "start": 9567.852, "end": 9573.681, "text": "Of PSF priority populations, 42% said equal, 17% said transportation, 17% said buildings.", "speaker": "Steve Novick" }, { "id": "cue-1450", "start": 9573.729, "end": 9574.564, "text": "The rest had no opinion.", "speaker": "Steve Novick" }, { "id": "cue-1451", "start": 9575.479, "end": 9579.493, "text": "The bottom line is PSF priority populations think transportation is important.", "speaker": "Steve Novick" }, { "id": "cue-1452", "start": 9579.975, "end": 9586.815, "text": "Continuing the current policy of spending more than twice as much money on buildings as on transportation is not consistent with the community's wishes.", "speaker": "Steve Novick" }, { "id": "cue-1453", "start": 9587.2, "end": 9587.329, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-1454", "start": 9588.403, "end": 9589.012, "text": "Next question.", "speaker": "Steve Novick" }, { "id": "cue-1455", "start": 9589.509, "end": 9591.417, "text": "Shouldn't the PSEF committee make this decision?", "speaker": "Steve Novick" }, { "id": "cue-1456", "start": 9592.635, "end": 9597.846, "text": "Answer: The original concept of PSEF wasn't that the PSEF committee would be given a lump sum and decide how to spend it.", "speaker": "Steve Novick" }, { "id": "cue-1457", "start": 9598.262, "end": 9603.841, "text": "The ballot measure established percentage parameters: 40 to 60% to, quote, renewable energy and energy efficiency.", "speaker": "Steve Novick" }, { "id": "cue-1458", "start": 9604.274, "end": 9608.138, "text": "And by the way, alternative transportation methods are all more energy efficient than gas cars.", "speaker": "Steve Novick" }, { "id": "cue-1459", "start": 9608.843, "end": 9613.075, "text": "20 To 25% in job training and 10 to 15% in regenerative agriculture.", "speaker": "Steve Novick" }, { "id": "cue-1460", "start": 9613.738, "end": 9616.135, "text": "The council subsequently eliminated those percentage requirements.", "speaker": "Steve Novick" }, { "id": "cue-1461", "start": 9616.799, "end": 9622.272, "text": "I think it is appropriate for the council, as the elected representatives of the people of Portland, to start restoring some broad parameters.", "speaker": "Steve Novick" }, { "id": "cue-1462", "start": 9622.8, "end": 9626.355, "text": "I would expect the committee to be involved in how to spend 40% on transportation.", "speaker": "Steve Novick" }, { "id": "cue-1463", "start": 9628.085, "end": 9630.59, "text": "Next question: You're talking about investing in transit.", "speaker": "Steve Novick" }, { "id": "cue-1464", "start": 9630.978, "end": 9634.071, "text": "Isn't it the legislature's responsibility to fund TriMet?", "speaker": "Steve Novick" }, { "id": "cue-1465", "start": 9634.72, "end": 9644.021, "text": "First of all, even if you didn't spend anything on transit, you could easily spend $80 million a year On bike, which is 40% of PSF now, on biking, walking, and electric car infrastructure.", "speaker": "Steve Novick" }, { "id": "cue-1466", "start": 9644.888, "end": 9648.68, "text": "Second, people don't care which government pays for a service.", "speaker": "Steve Novick" }, { "id": "cue-1467", "start": 9649.291, "end": 9650.512, "text": "They just want the service.", "speaker": "Steve Novick" }, { "id": "cue-1468", "start": 9651.203, "end": 9656.923, "text": "Demand for fuel in the CI hub will respond to how many people are using transit, not who's paying for transit.", "speaker": "Steve Novick" }, { "id": "cue-1469", "start": 9657.806, "end": 9663.076, "text": "And third, the city has a whole separate tax, the arts tax, most of the money from which goes to the schools.", "speaker": "Steve Novick" }, { "id": "cue-1470", "start": 9663.494, "end": 9666.032, "text": "Theoretically, the legislature is responsible for paying for the schools.", "speaker": "Steve Novick" }, { "id": "cue-1471", "start": 9666.081, "end": 9666.209, "text": "Thank you.", "speaker": "Sameer Kanal" }, { "id": "cue-1472", "start": 9666.643, "end": 9670.464, "text": "But I haven't heard anybody on council say, let's cut out the part of the arts tax that goes to schools.", "speaker": "Steve Novick" }, { "id": "cue-1473", "start": 9671.058, "end": 9673.74, "text": "In fact, the majority of the council voted to increase the arts tax.", "speaker": "Steve Novick" }, { "id": "cue-1474", "start": 9675.233, "end": 9675.49, "text": "I did.", "speaker": "Loretta Smith" }, { "id": "cue-1475", "start": 9675.554, "end": 9680.901, "text": "What I'm asking you to do, colleagues, is to commit to putting our money where our mouth is.", "speaker": "Steve Novick" }, { "id": "cue-1476", "start": 9681.961, "end": 9691.45, "text": "If we really want a reduction in fuel in the CI hub, we should be doing everything we can to reduce the demand for liquid fuel.", "speaker": "Steve Novick" }, { "id": "cue-1477", "start": 9692.253, "end": 9705.448, "text": "If we want a reduction of fuel in the CI hub, which doesn't have the unintended effect of simply raising gas prices on Portlanders, we should be giving Portlanders transportation alternatives, and we're not doing enough of that now.", "speaker": "Steve Novick" }, { "id": "cue-1478", "start": 9706.218, "end": 9719.156, "text": "So I am asking you to vote for, you know, vote for the climate, to vote for actual reduction, to vote to commit that we actually are putting money where our mouths are, to vote for some level of intellectual coherence.", "speaker": "Steve Novick" }, { "id": "cue-1479", "start": 9719.237, "end": 9719.429, "text": "Thank you.", "speaker": "Dan Ryan" }, { "id": "cue-1480", "start": 9719.693, "end": 9721.56, "text": "So I ask for a yes vote on my amendment.", "speaker": "Steve Novick" }, { "id": "cue-1481", "start": 9722.79, "end": 9724.342, "text": "And Councilor, are you formally moving Novick?", "speaker": "Jamie Dunphy" }, { "id": "cue-1482", "start": 9724.601, "end": 9725.781, "text": "Formally move my amendment.", "speaker": "Steve Novick" }, { "id": "cue-1483", "start": 9725.83, "end": 9726.105, "text": "Sorry.", "speaker": "Steve Novick" }, { "id": "cue-1484", "start": 9726.218, "end": 9726.525, "text": "Thank you.", "speaker": "Steve Novick" }, { "id": "cue-1485", "start": 9726.622, "end": 9727.269, "text": "Is there a second?", "speaker": "Jamie Dunphy" }, { "id": "cue-1486", "start": 9727.366, "end": 9727.803, "text": "Second.", "speaker": "Olivia Clark" }, { "id": "cue-1487", "start": 9728.143, "end": 9729.727, "text": "Councilor Novick moves Novick 1.", "speaker": "Jamie Dunphy" }, { "id": "cue-1488", "start": 9730.18, "end": 9731.442, "text": "Vice President Clark seconds.", "speaker": "Jamie Dunphy" }, { "id": "cue-1489", "start": 9731.539, "end": 9733.383, "text": "Colleagues, we are in discussion of the amendment.", "speaker": "Jamie Dunphy" }, { "id": "cue-1490", "start": 9733.901, "end": 9735.697, "text": "Councilor Zimmerman, is that a legacy hand?", "speaker": "Jamie Dunphy" }, { "id": "cue-1491", "start": 9735.923, "end": 9736.312, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1492", "start": 9736.635, "end": 9738.205, "text": "Councilor Novick also.", "speaker": "Jamie Dunphy" }, { "id": "cue-1493", "start": 9738.755, "end": 9739.046, "text": "There we go.", "speaker": "Jamie Dunphy" }, { "id": "cue-1494", "start": 9739.24, "end": 9739.418, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1495", "start": 9739.467, "end": 9739.952, "text": "Councilor Murillo.", "speaker": "Jamie Dunphy" }, { "id": "cue-1496", "start": 9747.152, "end": 9760.242, "text": "Okay, so I, I do appreciate the intention of this amendment as someone who doesn't have a car and needs to take public transit and ride my bike to get around places.", "speaker": "Angelita Morillo" }, { "id": "cue-1497", "start": 9762.373, "end": 9771.652, "text": "Um, I, I know that in your Q&A you say that, you know, people don't care about which government pays for which service, and I agree.", "speaker": "Angelita Morillo" }, { "id": "cue-1498", "start": 9771.701, "end": 9771.895, "text": "Thank you.", "speaker": "Olivia Clark" }, { "id": "cue-1499", "start": 9772.076, "end": 9788.214, "text": "And that's because it's not their responsibility to care about that, but it is our responsibility as the budget authority to care about that because the City of Portland— I'm really worried about the financial stakes that are coming before us.", "speaker": "Angelita Morillo" }, { "id": "cue-1500", "start": 9789.086, "end": 9796.056, "text": "And that is partially why I've been against some of the major investment projects that people are proposing, because I just don't think the money is there.", "speaker": "Angelita Morillo" }, { "id": "cue-1501", "start": 9797.005, "end": 9797.391, "text": "So—.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1502", "start": 9799.209, "end": 9810.319, "text": "The reality is that, yes, for us as legislators and as policymakers and budget authority folks, yes, the legislature did fail to fund public transit.", "speaker": "Angelita Morillo" }, { "id": "cue-1503", "start": 9811.009, "end": 9816.059, "text": "And that does matter because we have very limited dollars here at the local level to work with.", "speaker": "Angelita Morillo" }, { "id": "cue-1504", "start": 9816.717, "end": 9819.298, "text": "So I like the idea of this.", "speaker": "Angelita Morillo" }, { "id": "cue-1505", "start": 9819.49, "end": 9836.813, "text": "I guess I'm not— I just don't understand why we would pass this here and put it in stone rather than wait for The process to actually have this discussion with stakeholders before making this unilateral decision from the council.", "speaker": "Angelita Morillo" }, { "id": "cue-1506", "start": 9836.91, "end": 9850.644, "text": "I think that there are opportunities to make this change, and I think that in the next climate investment plan, it's very likely that this will happen because from what I've heard, a lot of people are interested in using PSET for transit.", "speaker": "Angelita Morillo" }, { "id": "cue-1507", "start": 9851.35, "end": 9862.103, "text": "But I don't think that we have enough information any of us on what the quote-unquote community wants because we haven't even given the time for that process in the first place.", "speaker": "Angelita Morillo" }, { "id": "cue-1508", "start": 9863.42, "end": 9871.05, "text": "So I think for that reason, even though frankly this would benefit me the most, I don't think I can support this today.", "speaker": "Angelita Morillo" }, { "id": "cue-1509", "start": 9874.408, "end": 9888.209, "text": "And I think for the record too, every single person up here hates the original arts tax and didn't even like the update that much, but we had to do something to make it a little bit better given The fact that it was a voter-approved ballot measure that now everyone complains about.", "speaker": "Angelita Morillo" }, { "id": "cue-1510", "start": 9889.01, "end": 9897.218, "text": "So there are lots of things, like I love what the arts tax funds, I don't really like how it's structured, and I think we made a marginal attempt to make it better.", "speaker": "Angelita Morillo" }, { "id": "cue-1511", "start": 9898.308, "end": 9904.704, "text": "But I think that when we have the choice before us to not repeat the mistakes of the past, then we should probably take that choice.", "speaker": "Angelita Morillo" }, { "id": "cue-1512", "start": 9904.897, "end": 9907.654, "text": "So for those reasons, I'm going to be voting no on this.", "speaker": "Angelita Morillo" }, { "id": "cue-1513", "start": 9908.728, "end": 9909.514, "text": "Thank you, Councilor Morillo.", "speaker": "Jamie Dunphy" }, { "id": "cue-1514", "start": 9909.69, "end": 9910.331, "text": "Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-1515", "start": 9911.21, "end": 9912.147, "text": "Thank you, Council President.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1516", "start": 9912.196, "end": 9923.918, "text": "Councilor Novick, just to clarify, the way that you have this added to the ordinance, does it put this language in code or does it just put it in the ordinance as a directive?", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1517", "start": 9924.436, "end": 9925.971, "text": "It's in the findings.", "speaker": "Steve Novick" }, { "id": "cue-1518", "start": 9926.232, "end": 9926.428, "text": "Okay.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1519", "start": 9926.493, "end": 9927.832, "text": "It's an expression of a commitment.", "speaker": "Steve Novick" }, { "id": "cue-1520", "start": 9928.061, "end": 9928.616, "text": "So we are not—.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1521", "start": 9928.616, "end": 9929.775, "text": "It's kind of like a whereas clause.", "speaker": "Steve Novick" }, { "id": "cue-1522", "start": 9930.757, "end": 9931.194, "text": "Perfect.", "speaker": "Angelita Morillo" }, { "id": "cue-1523", "start": 9931.258, "end": 9934.868, "text": "That's how I was reading this was like a whereas clause.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1524", "start": 9936.418, "end": 9938.18, "text": "I wanted to clarify that on the record.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1525", "start": 9938.26, "end": 9938.661, "text": "Okay.", "speaker": "Steve Novick" }, { "id": "cue-1526", "start": 9938.741, "end": 9947.298, "text": "So, colleagues, as you may have picked up on, Councilor Novick and I don't agree on everything around our priorities for PCF.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1527", "start": 9947.602, "end": 9957.761, "text": "And as it relates to our priorities for how funding on transportation might be spent, I think we'll be asking for the PCF committee to look at different things within the transportation bucket.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1528", "start": 9958.835, "end": 9963.289, "text": "But I agree with Councilor Novick that we need to do more on transportation.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1529", "start": 9964.027, "end": 9972.598, "text": "In general, where we know that we will get the most reduction in, um, in emissions for the dollars that we put in.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1530", "start": 9972.871, "end": 10018.127, "text": "We had a presentation in the City Life Committee recently about how woefully far off we are right now from meeting our climate goals, and this is the area where we can catch up the most on our climate goals, and it is directly related to what we are doing in the rest As Councilor Novick said, it, it is directly related to our ability to actually decrease demand so that the drawdown of fuels is working with our economy, so that increasing safety in our communities is working with our economy, instead of reaching that point where our economic needs and our safety needs are at odds with each other.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1531", "start": 10018.191, "end": 10018.335, "text": "Thank you.", "speaker": "Loretta Smith" }, { "id": "cue-1532", "start": 10020.037, "end": 10025.576, "text": "Councilor Novick, I am uncomfortable going up to the 40% mark.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1533", "start": 10025.753, "end": 10041.198, "text": "I'm uncomfortable with that because, as you noted, the original direction on PSEF did include things that, um, that are in different categories than 100% what is reducing our— um, what is leading us to more renewable energy and energy efficiency.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1534", "start": 10041.631, "end": 10047.134, "text": "That job training, the regenerative agriculture, there are other products that may not fit within that primary category.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1535", "start": 10047.888, "end": 10070.523, "text": "But if, as you hear the debate, you find that there is an interest around this dais in talking about making progress, increasing the percentage, maybe a 30% percentage, or language like moving closer to the proportional 40% of our emissions that are tied to transportation, I would be very interested in—.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1536", "start": 10070.523, "end": 10070.651, "text": "Thank you.", "speaker": "Olivia Clark" }, { "id": "cue-1537", "start": 10071.117, "end": 10078.644, "text": "Language like that and in noting in our ordinance the need to be doing this work on the front end as well.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1538", "start": 10079.513, "end": 10080.854, "text": "Thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1539", "start": 10081.598, "end": 10082.504, "text": "Thank you, Councilor Pirtle-Guiney.", "speaker": "Jamie Dunphy" }, { "id": "cue-1540", "start": 10083.619, "end": 10085.85, "text": "Councilor Koyama Lane, but just a quick programming note, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-1541", "start": 10085.915, "end": 10086.885, "text": "It is 4:45.", "speaker": "Jamie Dunphy" }, { "id": "cue-1542", "start": 10086.949, "end": 10091.397, "text": "We are— we have additional amendments after this, and so we will not be finishing this item today.", "speaker": "Jamie Dunphy" }, { "id": "cue-1543", "start": 10091.542, "end": 10094.907, "text": "We'll get through some debate and we'll be continuing this item at 5 o'clock.", "speaker": "Jamie Dunphy" }, { "id": "cue-1544", "start": 10095.36, "end": 10096.007, "text": "Councilor Koyama Lane.", "speaker": "Jamie Dunphy" }, { "id": "cue-1545", "start": 10097.517, "end": 10110.177, "text": "I want to thank Councilor Novick for bringing this up and for caring about drawdown, a real— having a real drawdown of our need for transportation fuel.", "speaker": "Keelan McClymont" }, { "id": "cue-1546", "start": 10110.274, "end": 10113.28, "text": "I see your commitment and I hear you continuing to talk about it.", "speaker": "Keelan McClymont" }, { "id": "cue-1547", "start": 10115.134, "end": 10116.842, "text": "You're not surprised because we had talked about that.", "speaker": "Keelan McClymont" }, { "id": "cue-1548", "start": 10116.923, "end": 10120.131, "text": "I'm not quite comfortable with the specific language of the 40%.", "speaker": "Keelan McClymont" }, { "id": "cue-1549", "start": 10120.437, "end": 10130.507, "text": "I would feel more comfortable with a Council expresses commitment to incorporate strategies to reduce the demand for fossil fuels and transportation across its planning and operations.", "speaker": "Keelan McClymont" }, { "id": "cue-1550", "start": 10131.085, "end": 10145.11, "text": "I'm not convinced that this is the exact place to do this, and I also know that we're going to have a chance to be engaging in planning for the next CIP this fall, which I believe stakeholders are really excited to have councilors be more part of that conversation.", "speaker": "Keelan McClymont" }, { "id": "cue-1551", "start": 10145.607, "end": 10151.448, "text": "I agree that we need to do more to make sure that we are reducing the demand for fossil fuels and transportation.", "speaker": "Keelan McClymont" }, { "id": "cue-1552", "start": 10151.512, "end": 10151.801, "text": "Thank you.", "speaker": "Robert Taylor" }, { "id": "cue-1553", "start": 10153.726, "end": 10155.874, "text": "Yeah, but I can't support it how it is right now.", "speaker": "Keelan McClymont" }, { "id": "cue-1554", "start": 10156.211, "end": 10156.676, "text": "But thank you.", "speaker": "Keelan McClymont" }, { "id": "cue-1555", "start": 10157.334, "end": 10158.585, "text": "Thank you, Councilor Koyama Lane.", "speaker": "Jamie Dunphy" }, { "id": "cue-1556", "start": 10158.857, "end": 10159.467, "text": "Councilor Avalos.", "speaker": "Jamie Dunphy" }, { "id": "cue-1557", "start": 10159.675, "end": 10164.582, "text": "I'll just echo what my colleague said and appreciate your diligence.", "speaker": "Candace Avalos" }, { "id": "cue-1558", "start": 10164.855, "end": 10174.942, "text": "I understand where you're coming from, and I do think that we need to have a more serious discussion about the way that PCF addresses these needs.", "speaker": "Candace Avalos" }, { "id": "cue-1559", "start": 10175.535, "end": 10178.021, "text": "But this is not the right place for it.", "speaker": "Candace Avalos" }, { "id": "cue-1560", "start": 10178.422, "end": 10189.359, "text": "I don't know that that percentage is correct, and I want to— when I say community, I mean the people that we put in charge of making decisions for PSF, and I want to know what their take is on this.", "speaker": "Candace Avalos" }, { "id": "cue-1561", "start": 10189.631, "end": 10201.788, "text": "And we're about to embark on a whole new CIP, and that is where we can have a more diligent process that is holistic and does actually include the entire city as we're developing that.", "speaker": "Candace Avalos" }, { "id": "cue-1562", "start": 10201.9, "end": 10212.354, "text": "And so I won't be supporting this today, but I appreciate Um, your efforts, and I agree with your intentions, and I look forward to working with you on accomplishing this, uh, in another way as we enter the CIP.", "speaker": "Candace Avalos" }, { "id": "cue-1563", "start": 10212.66, "end": 10212.949, "text": "Thanks.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1564", "start": 10213.704, "end": 10214.491, "text": "Thank you, Councilor Avalos.", "speaker": "Jamie Dunphy" }, { "id": "cue-1565", "start": 10214.989, "end": 10215.487, "text": "Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-1566", "start": 10216.757, "end": 10217.785, "text": "Thank you, Council President.", "speaker": "Loretta Smith" }, { "id": "cue-1567", "start": 10218.845, "end": 10223.376, "text": "I too appreciate your interest in this, uh, Councilor Novick.", "speaker": "Loretta Smith" }, { "id": "cue-1568", "start": 10223.826, "end": 10226.766, "text": "I will not be supporting it because I think it's not in the right place.", "speaker": "Loretta Smith" }, { "id": "cue-1569", "start": 10226.814, "end": 10237.458, "text": "I think this is a standalone resolution, and it should have been brought as a standalone, because as you see, um, no one in the community knew you were bringing this forward.", "speaker": "Loretta Smith" }, { "id": "cue-1570", "start": 10237.908, "end": 10251.259, "text": "So to have this conversation right now— and if they had known that you were going to be adding an amendment to PCF that would have an impact on PCF, um, that would be a different story.", "speaker": "Loretta Smith" }, { "id": "cue-1571", "start": 10251.452, "end": 10257.165, "text": "And I do want to wait, uh, for the timeframe in the fall, uh, to see what's, what's happening.", "speaker": "Loretta Smith" }, { "id": "cue-1572", "start": 10257.213, "end": 10260.423, "text": "And I'd like to hear this As a standalone, not as an amendment.", "speaker": "Loretta Smith" }, { "id": "cue-1573", "start": 10260.52, "end": 10268.484, "text": "It's a, you know, it's a very aggressive way to, to, to make your point, but, um, I, I hear you loud and clear.", "speaker": "Loretta Smith" }, { "id": "cue-1574", "start": 10268.773, "end": 10270.122, "text": "I won't be support— supporting this.", "speaker": "Loretta Smith" }, { "id": "cue-1575", "start": 10270.957, "end": 10271.727, "text": "Thank you, Councilor Smith.", "speaker": "Jamie Dunphy" }, { "id": "cue-1576", "start": 10271.984, "end": 10272.482, "text": "Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1577", "start": 10273.75, "end": 10275.324, "text": "Uh, first, uh, thank you, Mr. President.", "speaker": "Steve Novick" }, { "id": "cue-1578", "start": 10275.372, "end": 10281.137, "text": "First of all, I do want to say that I did give the co-chairs of the PCF committee a heads up about this a few days ago.", "speaker": "Steve Novick" }, { "id": "cue-1579", "start": 10281.217, "end": 10282.549, "text": "Didn't hear a response from them.", "speaker": "Steve Novick" }, { "id": "cue-1580", "start": 10283.224, "end": 10290.995, "text": "Um, I want to say that an argument for doing this now is to improve the credibility of this body.", "speaker": "Steve Novick" }, { "id": "cue-1581", "start": 10291.975, "end": 10305.526, "text": "I think that if we say we want to reduce the, the amount of fuel in the CI hub and we do, and we don't at the same time commit to doing what we can to reduce demand, I think there's an argument that we look silly.", "speaker": "Steve Novick" }, { "id": "cue-1582", "start": 10306.217, "end": 10312.173, "text": "I think it's important to say right now, today, That we are prepared to put our money where our mouths are.", "speaker": "Steve Novick" }, { "id": "cue-1583", "start": 10313.2, "end": 10319.411, "text": "I also want to note that for the past 5 years, we've been spending more than half of the money in PSF on buildings.", "speaker": "Steve Novick" }, { "id": "cue-1584", "start": 10320.021, "end": 10322.974, "text": "So I'm not even talking about evening that out.", "speaker": "Steve Novick" }, { "id": "cue-1585", "start": 10323.038, "end": 10327.997, "text": "I mean, if I wanted to even it out, I'd say let's spend 53% on transportation over the next 5 years.", "speaker": "Steve Novick" }, { "id": "cue-1586", "start": 10328.575, "end": 10334.915, "text": "I'm just talking about getting to 40%, which is the percentage of emissions coming from transportation, to get us a little closer towards parity.", "speaker": "Steve Novick" }, { "id": "cue-1587", "start": 10334.963, "end": 10335.075, "text": "Thank you.", "speaker": "Angelita Morillo" }, { "id": "cue-1588", "start": 10335.589, "end": 10337.018, "text": "So I don't think I'm being extreme.", "speaker": "Steve Novick" }, { "id": "cue-1589", "start": 10337.564, "end": 10366.341, "text": "I also want to say that I really appreciate my colleagues' kind words, and I know that you understand that if this amendment fails, you can look forward— when we talk about the CIP, the new CIP next year, which, you know, if all of us are reelected, we'll start discussing according to Sam Barrasso in March— part of this was to serve you notice that whenever we talk about the amount of money in PSAP going to Transportation, I will be jumping up and down saying CI Hub, CI Hub at the top of my lungs.", "speaker": "Steve Novick" }, { "id": "cue-1590", "start": 10366.922, "end": 10370.65, "text": "Um, but then obviously I'm going to continue to do that regardless of the vote today.", "speaker": "Steve Novick" }, { "id": "cue-1591", "start": 10371.36, "end": 10380.508, "text": "Um, but I really would appreciate it if we got a yes vote to show that we are serious, that we come to play when it comes to the CI Hub.", "speaker": "Steve Novick" }, { "id": "cue-1592", "start": 10381.981, "end": 10382.709, "text": "Thank you, Councilor Novick.", "speaker": "Jamie Dunphy" }, { "id": "cue-1593", "start": 10383.114, "end": 10383.615, "text": "Councilor Ryan.", "speaker": "Jamie Dunphy" }, { "id": "cue-1594", "start": 10384.489, "end": 10385.67, "text": "Yes, thank you, Council President.", "speaker": "Dan Ryan" }, { "id": "cue-1595", "start": 10386.107, "end": 10391.03, "text": "Perhaps, uh, Councilor Novick, because you socialized this a few times in the former Climate Committee.", "speaker": "Dan Ryan" }, { "id": "cue-1596", "start": 10391.694, "end": 10400.233, "text": "I'm not taken aback by this at all, and I think it gets to the heart of the matter, and it's the action that will actually have an impact on our climate.", "speaker": "Dan Ryan" }, { "id": "cue-1597", "start": 10400.314, "end": 10402.51, "text": "So I'm going to vote yes today on this amendment.", "speaker": "Dan Ryan" }, { "id": "cue-1598", "start": 10402.64, "end": 10402.901, "text": "Thank you.", "speaker": "Olivia Clark" }, { "id": "cue-1599", "start": 10404.023, "end": 10404.901, "text": "Thank you, Councilor Ryan.", "speaker": "Jamie Dunphy" }, { "id": "cue-1600", "start": 10405.389, "end": 10407.346, "text": "Councilor Zimmerman.", "speaker": "Jamie Dunphy" }, { "id": "cue-1601", "start": 10407.54, "end": 10408.445, "text": "Steve, I love it.", "speaker": "Eric Zimmerman" }, { "id": "cue-1602", "start": 10408.72, "end": 10411.89, "text": "I think, I think you've got them on the ropes a little bit, right?", "speaker": "Eric Zimmerman" }, { "id": "cue-1603", "start": 10412.052, "end": 10416.654, "text": "Because there's this dogma around nobody can talk about PCEF unless you're on the PCEF committee.", "speaker": "Eric Zimmerman" }, { "id": "cue-1604", "start": 10416.718, "end": 10422.242, "text": "And I think you've just nailed it in terms of there's some more direction giving that has to happen from this council.", "speaker": "Eric Zimmerman" }, { "id": "cue-1605", "start": 10422.338, "end": 10432.647, "text": "And I think that you are striking a heart at why I'd like to see more aggressive transportation improvements on the carbon emissions and transportation emissions.", "speaker": "Eric Zimmerman" }, { "id": "cue-1606", "start": 10432.695, "end": 10448.21, "text": "So I, I have felt the pushback from the kind of insular And I, at times, I think staff has largely built up that insular nature around this issue.", "speaker": "Eric Zimmerman" }, { "id": "cue-1607", "start": 10448.274, "end": 10450.364, "text": "But I think you're striking right at what it needs to be.", "speaker": "Eric Zimmerman" }, { "id": "cue-1608", "start": 10451.168, "end": 10461.814, "text": "There are a lot of question marks that I have on this, and I'd like to kind of understand some of the outcomes and what might change in PCF.", "speaker": "Eric Zimmerman" }, { "id": "cue-1609", "start": 10461.975, "end": 10479.549, "text": "But largely, I seem very supportive of this because I do believe, like, you have been the one person the one voice on this who is talking about real impact instead of making sure that various community groups and nonprofits get their piece to start their, their, you know, part of the business, if you will.", "speaker": "Eric Zimmerman" }, { "id": "cue-1610", "start": 10479.741, "end": 10484.173, "text": "But you're the one talking about changing climate impacts, and I really appreciate that.", "speaker": "Eric Zimmerman" }, { "id": "cue-1611", "start": 10484.254, "end": 10485.281, "text": "So thank you, Councilor.", "speaker": "Eric Zimmerman" }, { "id": "cue-1612", "start": 10486.55, "end": 10487.32, "text": "Thank you, Councilor Zimmerman.", "speaker": "Jamie Dunphy" }, { "id": "cue-1613", "start": 10487.754, "end": 10489.424, "text": "Colleagues, I put myself in the queue next.", "speaker": "Jamie Dunphy" }, { "id": "cue-1614", "start": 10490.339, "end": 10503.92, "text": "I actually very much agree with what, what, where Councilor Zimmerman was starting to say, that I think there really is a Very serious need for this body to review and put some guidelines around the PCF allocations.", "speaker": "Jamie Dunphy" }, { "id": "cue-1615", "start": 10503.984, "end": 10513.742, "text": "I think that there's a narrative in the broader community that we are going a mile wide and an inch deep, that we are rudderless and we're not accomplishing the big goals that we actually are accomplishing.", "speaker": "Jamie Dunphy" }, { "id": "cue-1616", "start": 10515.122, "end": 10519.166, "text": "And I think that that has been articulated here, and I keep hearing that in conversations over.", "speaker": "Jamie Dunphy" }, { "id": "cue-1617", "start": 10519.712, "end": 10522.488, "text": "I think that this is a great place for this discussion.", "speaker": "Jamie Dunphy" }, { "id": "cue-1618", "start": 10522.937, "end": 10526.898, "text": "I I think that this ordinance is not the right place to make those kinds of prescriptive goals.", "speaker": "Jamie Dunphy" }, { "id": "cue-1619", "start": 10528.278, "end": 10540.369, "text": "I think it needs to be as part of the more holistic discussion on the topic of PCF and trying to really recenter the community conversation, but also the actual work of it.", "speaker": "Jamie Dunphy" }, { "id": "cue-1620", "start": 10540.465, "end": 10549.077, "text": "So I will be a no on this amendment today, but do appreciate and support the more directive conversation coming forward.", "speaker": "Jamie Dunphy" }, { "id": "cue-1621", "start": 10549.125, "end": 10549.269, "text": "Thank you.", "speaker": "Candace Avalos" }, { "id": "cue-1622", "start": 10549.779, "end": 10556.874, "text": "And I also want to just mention that 215,000 people being exempted from paying the arts education tax is better than a marginal improvement.", "speaker": "Jamie Dunphy" }, { "id": "cue-1623", "start": 10558.906, "end": 10560.093, "text": "I voted yes.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1624", "start": 10560.288, "end": 10564.124, "text": "You did vote yes, but yeah, I'm— anyway, thank you.", "speaker": "Jamie Dunphy" }, { "id": "cue-1625", "start": 10564.27, "end": 10564.904, "text": "Thank you very much, colleagues.", "speaker": "Jamie Dunphy" }, { "id": "cue-1626", "start": 10566.207, "end": 10568.553, "text": "Councilor Green.", "speaker": "Unidentified speaker" }, { "id": "cue-1627", "start": 10568.812, "end": 10569.265, "text": "Thank you.", "speaker": "Mitch Green" }, { "id": "cue-1628", "start": 10570.834, "end": 10573.18, "text": "Councilor Novick, I rode the bus in today.", "speaker": "Mitch Green" }, { "id": "cue-1629", "start": 10573.342, "end": 10575.009, "text": "I signed up for the one week without driving.", "speaker": "Mitch Green" }, { "id": "cue-1630", "start": 10576.02, "end": 10578.017, "text": "I try to not drive as much as I can.", "speaker": "Mitch Green" }, { "id": "cue-1631", "start": 10578.081, "end": 10585.346, "text": "It is difficult where I live to not drive, and it is now even more difficult to take the bus after TriMet's cuts.", "speaker": "Mitch Green" }, { "id": "cue-1632", "start": 10587.187, "end": 10601.135, "text": "Like you, I have also at times sort of— I'm not going to say blurted out necessarily because that has a negative connotation, but feeling the passion of knowing that our TriMet system is in a death spiral if we don't do something.", "speaker": "Mitch Green" }, { "id": "cue-1633", "start": 10601.183, "end": 10608.118, "text": "I've talked about very candidly, very openly, that we need to use PSEF in a more intentional way to backstop TriMet.", "speaker": "Mitch Green" }, { "id": "cue-1634", "start": 10608.392, "end": 10611.274, "text": "And I've gotten kind of a bit of a whiplash on that myself.", "speaker": "Mitch Green" }, { "id": "cue-1635", "start": 10611.628, "end": 10615.574, "text": "So I appreciate the need to put some council intent here.", "speaker": "Mitch Green" }, { "id": "cue-1636", "start": 10617.397, "end": 10623.284, "text": "I think in terms of like credibility of the body, I think there's a lot of different ways we can do that.", "speaker": "Mitch Green" }, { "id": "cue-1637", "start": 10623.832, "end": 10629.262, "text": "We could adopt a resolution that says, here's what we want to see in the next CIP.", "speaker": "Mitch Green" }, { "id": "cue-1638", "start": 10629.57, "end": 10638.637, "text": "I just had a meeting with the chairs and some of the committee members Commissioners on the Climate Sustainability Commission, who they were giving us an overview of the Climate Action Plan.", "speaker": "Mitch Green" }, { "id": "cue-1639", "start": 10639.102, "end": 10647.236, "text": "One of the things that I said is I want to make sure that the Climate Action Plan is in sync with the CIP and vice versa.", "speaker": "Mitch Green" }, { "id": "cue-1640", "start": 10647.364, "end": 10653.044, "text": "And so I think that's like committing to that is what gives credibility to the body.", "speaker": "Mitch Green" }, { "id": "cue-1641", "start": 10654.199, "end": 10661.69, "text": "Ultimately, we are the decision makers, but I believe very strongly in empowering our communities to help us make those decisions.", "speaker": "Mitch Green" }, { "id": "cue-1642", "start": 10661.738, "end": 10666.549, "text": "And so the CIP is important, and I think that's where we need to take this up.", "speaker": "Mitch Green" }, { "id": "cue-1643", "start": 10666.774, "end": 10669.757, "text": "I don't think it's 40%, so I can't support this today.", "speaker": "Mitch Green" }, { "id": "cue-1644", "start": 10669.837, "end": 10675.498, "text": "But again, I do appreciate your willingness to sort of scream from the mountaintops that we need some money for transit.", "speaker": "Mitch Green" }, { "id": "cue-1645", "start": 10676.236, "end": 10676.509, "text": "Thanks.", "speaker": "Dan Ryan" }, { "id": "cue-1646", "start": 10677.359, "end": 10678.401, "text": "Thank you very much, Councilor Green.", "speaker": "Jamie Dunphy" }, { "id": "cue-1647", "start": 10678.722, "end": 10681.32, "text": "Colleagues, programming note, it is 4:56.", "speaker": "Jamie Dunphy" }, { "id": "cue-1648", "start": 10681.384, "end": 10683.1, "text": "There are still 3 other councilors in queue.", "speaker": "Jamie Dunphy" }, { "id": "cue-1649", "start": 10683.629, "end": 10690.681, "text": "I am gaveling us out at 5:00, but we will keep the order of folks who are in queue to continue this when we are, uh, continued on the 7th.", "speaker": "Jamie Dunphy" }, { "id": "cue-1650", "start": 10691.242, "end": 10691.899, "text": "Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-1651", "start": 10692.187, "end": 10693.389, "text": "Uh, thank you, Council President.", "speaker": "Olivia Clark" }, { "id": "cue-1652", "start": 10693.549, "end": 10701.273, "text": "Uh, I really appreciate your intellectual integrity here, and, uh, I think we're sending an important message.", "speaker": "Olivia Clark" }, { "id": "cue-1653", "start": 10701.353, "end": 10710.279, "text": "It may be a symbolic vote on our part, or my part, but as the person at the dais who raised billions of dollars for transit, I appreciate this.", "speaker": "Olivia Clark" }, { "id": "cue-1654", "start": 10710.44, "end": 10717.56, "text": "And this could force us to change PCF and to increase the amount of money that PCF brings in.", "speaker": "Olivia Clark" }, { "id": "cue-1655", "start": 10717.56, "end": 10719.2, "text": "So thank you, you have my vote.", "speaker": "Olivia Clark" }, { "id": "cue-1656", "start": 10719.78, "end": 10720.75, "text": "Thank you, Vice President Clark.", "speaker": "Jamie Dunphy" }, { "id": "cue-1657", "start": 10721.2, "end": 10722.8, "text": "Councilor Kanal.", "speaker": "Jamie Dunphy" }, { "id": "cue-1658", "start": 10722.8, "end": 10729.08, "text": "Council President, I'm probably going to take past 5 o'clock if I start on this, so I'm going to leave it to you how you want to handle it.", "speaker": "Sameer Kanal" }, { "id": "cue-1659", "start": 10729.62, "end": 10730.99, "text": "Councilor Pirtle-Guiney, how quick are you?", "speaker": "Jamie Dunphy" }, { "id": "cue-1660", "start": 10731.24, "end": 10732.12, "text": "Or do you want to wait till next week?", "speaker": "Jamie Dunphy" }, { "id": "cue-1661", "start": 10734.08, "end": 10736.98, "text": "I'll wait until next week if you want to just gavel us out.", "speaker": "Elana Pirtle-Guiney" }, { "id": "cue-1662", "start": 10736.98, "end": 10741.94, "text": "All right, colleagues, uh, understanding we are at a limit on time, I'm going to read my little script for a second.", "speaker": "Jamie Dunphy" }, { "id": "cue-1663", "start": 10742.1, "end": 10756.82, "text": "Item 2026-312, the ordinance for the bulk fuel firm— uh, bulk fuel terminal capacity reduction regulation, is continued to an additional meeting before the City Council on October 7th, 2026, at 10:00 AM.", "speaker": "Jamie Dunphy" }, { "id": "cue-1664", "start": 10757.59, "end": 10762.481, "text": "The record for oral testimony on these 2 ordinances was closed on September 24th, 2026.", "speaker": "Jamie Dunphy" }, { "id": "cue-1665", "start": 10762.962, "end": 10769.356, "text": "The record for written testimony on these 2 ordinances was closed as of 12:00 noon today, October 1st, 2026.", "speaker": "Jamie Dunphy" }, { "id": "cue-1666", "start": 10769.855, "end": 10777.394, "text": "Based on council deliberations on possible amendments, council may decide to reopen the record for oral and written testimony at a future meeting.", "speaker": "Jamie Dunphy" }, { "id": "cue-1667", "start": 10778.642, "end": 10780.694, "text": "Lauren, I'm looking to you to see if I need to say anything else.", "speaker": "Jamie Dunphy" }, { "id": "cue-1668", "start": 10783.06, "end": 10784.103, "text": "Well, we will vote on it next week.", "speaker": "Jamie Dunphy" }, { "id": "cue-1669", "start": 10785.54, "end": 10786.104, "text": "No, that's correct.", "speaker": "Unidentified speaker" }, { "id": "cue-1670", "start": 10786.153, "end": 10788.121, "text": "It's just continued and the record is closed.", "speaker": "Unidentified speaker" }, { "id": "cue-1671", "start": 10788.298, "end": 10788.556, "text": "Great.", "speaker": "Jamie Dunphy" }, { "id": "cue-1672", "start": 10788.782, "end": 10791.831, "text": "Okay, with that, we are adjourned.", "speaker": "Jamie Dunphy" }, { "id": "cue-1673", "start": 10791.944, "end": 10792.234, "text": "That's right.", "speaker": "Keelan McClymont" }, { "id": "cue-1674", "start": 10792.508, "end": 10792.767, "text": "Thank you.", "speaker": "Jamie Dunphy" } ] }