WEBVTT 1 00:01:25.662 --> 00:01:27.828 That's how she emails us. 2 00:02:48.157 --> 00:02:49.296 Good afternoon. 3 00:02:49.344 --> 00:02:52.056 I'm calling to order this meeting of the Portland City Council. 4 00:02:52.793 --> 00:02:56.161 It's 2:01 on Thursday, October 1st. 5 00:02:56.578 --> 00:02:57.460 Keelan, can you please call the roll? 6 00:02:58.086 --> 00:02:58.165 Yep. 7 00:02:58.325 --> 00:02:58.855 Good afternoon. 8 00:02:58.984 --> 00:03:03.090 Just a quick note, we have updated the voting order just so everyone's aware. 9 00:03:03.395 --> 00:03:03.715 Clerk? 10 00:03:04.195 --> 00:03:06.008 New voting order, not me then. 11 00:03:09.359 --> 00:03:10.438 It's last quarter. 12 00:03:10.502 --> 00:03:11.372 Go with Q4. 13 00:03:11.631 --> 00:03:13.177 Let's go D4. 14 00:03:13.645 --> 00:03:14.433 Clark, she called you. 15 00:03:14.756 --> 00:03:15.900 All right, Clark. 16 00:03:16.141 --> 00:03:18.026 Oh, we said—. 17 00:03:18.074 --> 00:03:19.201 Yeah, I'm sorry, is that Clark? 18 00:03:19.427 --> 00:03:20.894 Clark. 19 00:03:21.199 --> 00:03:21.795 All right, here. 20 00:03:22.568 --> 00:03:22.923 Thank you. 21 00:03:22.987 --> 00:03:23.197 Green. 22 00:03:23.695 --> 00:03:23.841 Here. 23 00:03:24.211 --> 00:03:24.646 Zimmerman. 24 00:03:25.050 --> 00:03:25.145 Here. 25 00:03:25.468 --> 00:03:25.824 Avalos. 26 00:03:26.534 --> 00:03:27.099 Present. 27 00:03:27.584 --> 00:03:27.875 Smith. 28 00:03:30.635 --> 00:03:30.846 Kanal. 29 00:03:31.362 --> 00:03:31.556 Here. 30 00:03:35.174 --> 00:03:36.350 Here. 31 00:03:37.044 --> 00:03:39.174 Here. 32 00:03:40.400 --> 00:03:40.463 Here. 33 00:03:40.819 --> 00:03:44.330 Good afternoon. 34 00:03:44.378 --> 00:03:50.122 Welcome to the Portland City Council. 35 00:03:50.397 --> 00:03:55.465 To testify before council in person or virtually, you must sign up in advance on the council agenda at www.portland.gov/council/agenda. 36 00:03:58.324 --> 00:04:01.342 Information on engaging with the council can be found on the council clerk's webpage. 37 00:04:01.616 --> 00:04:05.102 Individuals may testify for 3 minutes unless the presiding officer states otherwise. 38 00:04:05.150 --> 00:04:07.157 Your microphone will be muted when your time is over. 39 00:04:07.800 --> 00:04:09.263 The presiding officer preserves order. 40 00:04:09.326 --> 00:04:16.764 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. 41 00:04:17.584 --> 00:04:19.415 If you cause a disruption, a warning will be given. 42 00:04:19.526 --> 00:04:22.225 Further disruption will result in an ejection from the meeting. 43 00:04:22.418 --> 00:04:25.519 Anyone who fails to leave once ejected is subject to arrest for trespass. 44 00:04:25.728 --> 00:04:28.569 Additionally, council may take a short recess and reconvene virtually. 45 00:04:29.307 --> 00:04:31.314 Your testimony should address the matter being considered. 46 00:04:31.396 --> 00:04:32.937 When testifying, state your name for the record. 47 00:04:33.016 --> 00:04:34.317 Your address is not necessary. 48 00:04:34.382 --> 00:04:36.709 If you're a lobbyist, identify the organization you represent. 49 00:04:36.870 --> 00:04:39.761 Virtual testifiers should unmute themselves when the council clerk calls your name. 50 00:04:39.922 --> 00:04:40.178 Thank you. 51 00:04:40.805 --> 00:04:41.624 Thank you very much, colleagues. 52 00:04:41.672 --> 00:04:44.079 Before we get started, Councilor Ryan, I see your hand in the queue. 53 00:04:44.819 --> 00:04:47.403 Thank you. 54 00:04:48.190 --> 00:04:52.668 Hey, colleagues, I just want to say that That's an interesting background. 55 00:04:52.925 --> 00:04:59.968 I just want to say that I'm on family bereavement leave, and I'll be limiting my public schedule this week. 56 00:05:00.850 --> 00:05:08.728 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. 57 00:05:10.011 --> 00:05:14.487 I might jump on when we're on discussing amendments, especially on aviation fuel. 58 00:05:15.288 --> 00:05:27.536 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. 59 00:05:27.732 --> 00:05:28.266 Thank you. 60 00:05:28.831 --> 00:05:29.689 Thank you, Councilor Ryan. 61 00:05:31.161 --> 00:05:33.137 Okay, Keelan, we have 2 items on our agenda. 62 00:05:33.185 --> 00:05:35.353 Can we please call items 9 and 10? 63 00:05:36.839 --> 00:05:47.656 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. 64 00:05:50.091 --> 00:06:06.225 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. 65 00:06:07.074 --> 00:06:08.052 Thank you very much, colleagues. 66 00:06:08.100 --> 00:06:23.199 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. 67 00:06:23.810 --> 00:06:27.504 The legislative record for these ordinances is now closed. 68 00:06:28.226 --> 00:06:34.956 Based on council deliberations on possible amendments, council may decide to reopen the record for oral or written testimony at a future meeting. 69 00:06:35.485 --> 00:06:39.132 The purpose of today's meeting is to discuss proposed amendments to both ordinances. 70 00:06:39.966 --> 00:06:52.237 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. 71 00:06:52.894 --> 00:06:56.170 We will only consider this item today and return next week for the other. 72 00:06:56.988 --> 00:07:03.990 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. 73 00:07:04.053 --> 00:07:07.137 We have with us staff from Planning and Sustainability. 74 00:07:07.185 --> 00:07:07.651 Come on up. 75 00:07:08.470 --> 00:07:14.024 Director Eric Engstrom, Supervising Planner Tom Armstrong, and Patricia Diffenderfer, Chief Planner from BPS. 76 00:07:14.089 --> 00:07:14.298 Thank you. 77 00:07:19.230 --> 00:07:19.910 Good afternoon. 78 00:07:20.769 --> 00:07:25.399 Um, for the record, Eric Kingstrom, Director of BPS, um, and I'll turn it over to staff. 79 00:07:26.819 --> 00:07:29.237 Good afternoon, Patricia Diefendorfer, Chief Planner, BPS. 80 00:07:30.300 --> 00:07:33.701 Good afternoon, Tom Armstrong, Supervising Planner at BPS. 81 00:07:35.377 --> 00:07:35.798 Thank you. 82 00:07:36.670 --> 00:07:42.264 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. 83 00:07:42.766 --> 00:07:49.139 Yeah, there we go. 84 00:08:24.331 --> 00:08:25.408 All right, there we go. 85 00:08:28.761 --> 00:08:38.033 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. 86 00:08:39.791 --> 00:08:49.293 We have the legislative record for both ordinances, and as the council president said, the record is now closed for the time being. 87 00:08:51.474 --> 00:09:09.062 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. 88 00:09:09.912 --> 00:09:22.308 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. 89 00:09:22.501 --> 00:09:23.158 Awesome, thanks, Tom. 90 00:09:23.288 --> 00:09:28.515 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. 91 00:09:29.221 --> 00:09:49.008 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. 92 00:09:49.410 --> 00:09:59.883 And that policy has a number of subpolicies that address the wide range of issues from seismic upgrades to economic significance to environmental protection. 93 00:10:00.750 --> 00:10:18.913 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. 94 00:10:22.225 --> 00:10:22.905 Thank you. 95 00:10:25.788 --> 00:10:28.705 Is this a— do you go further into it past this point? 96 00:10:30.004 --> 00:10:48.062 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. 97 00:10:49.128 --> 00:11:12.802 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. 98 00:11:14.730 --> 00:11:20.668 Then again, for Policy 372, this is one of the existing policies. 99 00:11:22.585 --> 00:11:47.755 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. 100 00:11:49.479 --> 00:11:53.427 Then in terms of the sub-policies, again, there's some wordsmithing here. 101 00:11:53.797 --> 00:12:03.916 Policy 383B has been expanded to acknowledge Other natural hazards that the hub faces, such as fires, landslides, and floods. 102 00:12:05.485 --> 00:12:17.793 The economic significant policy, again, has sort of brought in the importance of finding alternative locations for these facilities. 103 00:12:17.841 --> 00:12:23.065 Again, that's, you know, alternative locations outside of the City of Portland. 104 00:12:24.330 --> 00:12:27.725 There's not really a safer location in Portland for these facilities. 105 00:12:27.774 --> 00:12:27.955 Thank you. 106 00:12:30.004 --> 00:12:30.501 Thank you. 107 00:12:30.807 --> 00:12:41.282 Policy 383D, again, sort of strengthens the verb, you know, a more active verb around protect air and water quality. 108 00:12:42.662 --> 00:12:59.089 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. 109 00:13:00.163 --> 00:13:19.681 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. 110 00:13:19.777 --> 00:13:29.336 Again, sort of reflecting the larger climate goals When it comes to the energy transition. 111 00:13:31.878 --> 00:13:33.333 Community resilience. 112 00:13:33.721 --> 00:13:56.198 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. 113 00:13:57.243 --> 00:14:15.836 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—. 114 00:14:16.028 --> 00:14:16.398 Thank you. 115 00:14:16.720 --> 00:14:21.307 That comes from concentrating all of these facilities at the CI Hub. 116 00:14:22.875 --> 00:14:28.130 That is the suite of policy changes in, um, what I'll call Green 2. 117 00:14:29.038 --> 00:14:29.684 Thank you very much. 118 00:14:29.782 --> 00:14:39.235 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. 119 00:14:40.096 --> 00:14:40.772 Yeah, Councilor Green. 120 00:14:40.852 --> 00:14:41.770 I'll just jump right in. 121 00:14:41.947 --> 00:14:45.682 Um, thank you so much, Council President, and thank you, Tom, for, uh, summarizing. 122 00:14:45.730 --> 00:14:52.976 And again, I cannot For anyone watching this, I cannot stress enough how responsive BPS has been to us during this process. 123 00:14:53.042 --> 00:14:59.719 We've churned, I don't know how many, 3 iterations at least, and you all have other planned work. 124 00:15:00.121 --> 00:15:08.697 And it just, it's a testament to your commitment to this style of policymaking that is responsive to the community. 125 00:15:08.875 --> 00:15:10.099 And they hear it and they feel it. 126 00:15:10.163 --> 00:15:10.668 So thank you. 127 00:15:12.220 --> 00:15:25.643 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. 128 00:15:25.691 --> 00:15:31.397 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? 129 00:15:31.509 --> 00:15:32.750 Go ahead and talk about the global suite of things. 130 00:15:32.798 --> 00:15:33.024 That's fine. 131 00:15:33.201 --> 00:15:53.234 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. 132 00:15:54.317 --> 00:16:04.870 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. 133 00:16:05.692 --> 00:16:09.015 And I think one of the takeaways from doing that work is Councilor Smith. 134 00:16:09.081 --> 00:16:13.225 I think the challenge is recognizing that while development is cumulative, it's not inevitable where it goes. 135 00:16:13.967 --> 00:16:25.105 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. 136 00:16:25.169 --> 00:16:49.895 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. 137 00:16:50.120 --> 00:16:59.804 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. 138 00:17:00.801 --> 00:17:30.375 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. 139 00:17:30.551 --> 00:17:40.728 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. 140 00:17:40.778 --> 00:17:41.781 And so I'm proud of the work. 141 00:17:42.951 --> 00:17:53.961 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. 142 00:17:54.303 --> 00:17:55.862 And so do we want to—. 143 00:17:55.926 --> 00:17:56.057 Second. 144 00:17:56.823 --> 00:17:57.944 Then jump into that, or do—. 145 00:17:58.281 --> 00:17:58.425 Okay. 146 00:17:58.971 --> 00:17:59.836 I second. 147 00:18:00.108 --> 00:18:02.288 Councilor Green moves, Council Vice President Clark seconds. 148 00:18:03.635 --> 00:18:05.736 Colleagues, we are now in discussion of the amendment. 149 00:18:05.799 --> 00:18:06.874 And Councilor Green, you still have the floor. 150 00:18:07.644 --> 00:18:10.560 Yeah, um, do you have slides for the Title 33 stuff? 151 00:18:11.009 --> 00:18:13.864 Maybe that, that's the easiest way to do it so everyone can see visually. 152 00:18:15.162 --> 00:18:18.223 Um, Tom, do you mind doing the—. 153 00:18:18.560 --> 00:18:18.704 Sure. 154 00:18:19.170 --> 00:18:19.699 Okay, thanks. 155 00:18:20.532 --> 00:18:29.372 So, um, Amendment 9 in the document, there's some changes to the neighborhood contact requirements. 156 00:18:29.451 --> 00:18:40.409 And, you know, this is designed to have advance notice to the surrounding neighborhoods of an incoming development application. 157 00:18:41.724 --> 00:18:52.798 And so these amendments expand the number of neighborhoods and, and Education institutions that will get those notices. 158 00:18:54.349 --> 00:19:04.691 It also requires an ad to be published in a newspaper that is broadly distributed in the neighborhoods that receive that notice. 159 00:19:06.789 --> 00:19:12.556 And generally, this requirement is just to create awareness of a development activity. 160 00:19:12.621 --> 00:19:12.767 Thank you. 161 00:19:15.984 --> 00:19:39.102 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. 162 00:19:40.000 --> 00:19:40.386 And this—. 163 00:19:40.530 --> 00:19:40.868 20 Years. 164 00:19:41.109 --> 00:19:41.561 Councilmember Herbold. 165 00:19:41.625 --> 00:19:41.819 Thank you, Mayor. 166 00:19:41.867 --> 00:19:54.567 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. 167 00:19:56.670 --> 00:20:13.338 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. 168 00:20:15.049 --> 00:20:31.621 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. 169 00:20:32.346 --> 00:20:33.428 And then when that—. 170 00:20:33.428 --> 00:20:33.863 Thank you. 171 00:20:35.268 --> 00:20:49.762 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. 172 00:20:51.314 --> 00:20:57.915 The second amendment, Amendment 10, addresses those Type 3 reviews. 173 00:20:58.577 --> 00:21:17.073 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. 174 00:21:18.037 --> 00:21:25.814 Under this amendment, those 3 reviews are deleted and replaced by 2 reviews. 175 00:21:26.746 --> 00:21:31.079 The first is a study of the Storage tank replacement review. 176 00:21:31.704 --> 00:21:37.376 And then the second one is a capacity and transloading expansion review. 177 00:21:38.595 --> 00:21:50.435 So the replacement review, again, sort of kicks in when a terminal is going through, is implementing their state-required RMIP process. 178 00:21:50.532 --> 00:21:56.237 So they're making seismic upgrades and they decide that they're going to replace a tank. 179 00:21:57.910 --> 00:22:03.914 Before they can get a building permit for that tank replacement, they need to go through this Type 3 process. 180 00:22:06.486 --> 00:22:20.846 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. 181 00:22:22.250 --> 00:22:23.968 The replacement tank is Okay. 182 00:22:24.112 --> 00:22:46.558 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. 183 00:22:46.976 --> 00:22:50.234 So sometimes they're replacing it in the same place. 184 00:22:50.862 --> 00:22:52.082 Sometimes they're moving it. 185 00:22:52.193 --> 00:22:55.229 We want them to move it essentially away from the river. 186 00:22:55.694 --> 00:22:56.272 Thank you. 187 00:22:57.381 --> 00:23:03.209 To a place that in theory has lower liquefaction risks. 188 00:23:04.653 --> 00:23:18.527 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. 189 00:23:18.623 --> 00:23:23.817 So in some cases, They're going to build a new tank in a new location. 190 00:23:24.108 --> 00:23:30.547 They're going to keep the old tank online and serving fuel that we need. 191 00:23:30.980 --> 00:23:35.892 And then when that new tank is ready to come online, they'll take the old tank off. 192 00:23:36.037 --> 00:23:41.651 This performance bond ensures that they take that old tank off and they, um, and remove it. 193 00:23:41.715 --> 00:23:42.285 Excuse me. 194 00:23:44.074 --> 00:23:45.667 So that's Amendment 10. 195 00:23:46.561 --> 00:23:51.568 Or that's the replacement review process. 196 00:23:52.921 --> 00:23:55.707 The second review is for expansions. 197 00:23:55.963 --> 00:24:05.852 And this is for both tank capacity and transloading facilities and includes the aviation fuel. 198 00:24:05.967 --> 00:24:08.221 Again, it's a Type 3 review procedure. 199 00:24:10.230 --> 00:24:24.669 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. 200 00:24:27.753 --> 00:24:43.894 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. 201 00:24:44.057 --> 00:24:44.188 Thank you. 202 00:24:45.128 --> 00:24:50.136 There has to be net public benefits, including non-economic benefits. 203 00:24:50.201 --> 00:24:51.364 That's in criteria B. 204 00:24:52.220 --> 00:25:09.724 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. 205 00:25:10.625 --> 00:25:18.628 And so essentially, this operates as the transfer between terminals. 206 00:25:18.742 --> 00:25:34.686 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. 207 00:25:34.961 --> 00:25:35.298 Thank you. 208 00:25:36.585 --> 00:25:48.096 D, again, is, you know, show us that you are, you know, up to date and compliant with your RMIP from DEQ. 209 00:25:50.215 --> 00:25:56.698 Criteria E is, you know, again, that any new tank capacity is built to risk category 4. 210 00:25:58.520 --> 00:26:04.334 Criterion F is same for the transloading facilities are built to that higher seismic standard. 211 00:26:04.387 --> 00:26:04.640 Thank you. 212 00:26:05.011 --> 00:26:06.640 Okay. 213 00:26:07.897 --> 00:26:17.588 Criterion G is, again, any new tank, expanded tank has to be set back at least 250 feet from the river. 214 00:26:19.445 --> 00:26:31.544 And then H is, again, that we're addressing public health and environmental risks and minimizing any increase to the extent practicable. 215 00:26:33.013 --> 00:26:33.047 I—. 216 00:26:33.663 --> 00:26:44.773 I, again, similarly addresses public health and safety, especially from a wildfire associated with that new tank. 217 00:26:45.582 --> 00:27:05.632 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. 218 00:27:05.728 --> 00:27:11.942 I'm just going to pause there for a second and just put some emphasis on Approval Criteria A here. 219 00:27:12.230 --> 00:27:42.200 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. 220 00:27:42.248 --> 00:27:56.605 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. 221 00:27:57.007 --> 00:27:59.623 And that's— would you agree with that characterization, Tom? 222 00:28:00.204 --> 00:28:00.544 Yes. 223 00:28:01.416 --> 00:28:01.595 Yeah. 224 00:28:02.161 --> 00:28:02.386 Thank you. 225 00:28:05.311 --> 00:28:07.220 Then just 11. 226 00:28:09.111 --> 00:28:13.630 You know, this really speaks again to some of the public testimony that we heard. 227 00:28:13.775 --> 00:28:16.035 This goes into the ordinance itself. 228 00:28:17.694 --> 00:28:30.015 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. 229 00:28:30.223 --> 00:28:42.625 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. 230 00:28:45.865 --> 00:28:47.494 Thank you. 231 00:28:47.559 --> 00:28:58.652 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. 232 00:28:59.117 --> 00:29:10.376 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. 233 00:29:10.476 --> 00:29:20.277 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. 234 00:29:20.325 --> 00:29:26.153 If we adopt this directive, then the city now has a mandate to go out and engage in that definition process. 235 00:29:27.085 --> 00:29:36.750 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. 236 00:29:36.942 --> 00:29:37.409 Thank you. 237 00:29:37.923 --> 00:29:44.942 And that's— so I think that there's probably some open questions about what's feasible from staff on a given timeline. 238 00:29:45.007 --> 00:29:55.686 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? 239 00:29:56.746 --> 00:29:57.954 I guess I can speak to that. 240 00:29:58.232 --> 00:29:59.196 Again, Director Engstrom. 241 00:30:00.688 --> 00:30:06.700 Yeah, I think we can respond given the language changes you made that that's a reasonable timeline for a work program proposal. 242 00:30:07.634 --> 00:30:08.240 Okay, thank you. 243 00:30:12.633 --> 00:30:15.010 Okay, I think that's it for the Title 33 amendment. 244 00:30:15.058 --> 00:30:15.862 So perfect. 245 00:30:16.086 --> 00:30:19.701 That's— there's a lot here, guys, and, uh, thanks for the, the flyover. 246 00:30:19.782 --> 00:30:22.209 And I guess I would ask for your support. 247 00:30:22.273 --> 00:30:23.095 We can get into debate. 248 00:30:23.304 --> 00:30:24.093 Thank you, Councilor Green. 249 00:30:24.511 --> 00:30:26.669 Thank you, Tom, for— and team for walking us through this. 250 00:30:26.926 --> 00:30:32.721 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. 251 00:30:33.115 --> 00:30:35.855 Thank you, Council President. 252 00:30:36.079 --> 00:30:45.919 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. 253 00:30:46.655 --> 00:30:53.769 And this is a place where we know that safety bumps up against, um, the entire region's economic drivers. 254 00:30:54.748 --> 00:31:00.469 And we worked very hard in this proposal to figure out how we find that Thank you. 255 00:31:00.532 --> 00:31:11.903 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. 256 00:31:12.643 --> 00:31:26.199 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. 257 00:31:26.615 --> 00:31:30.450 Um, all within the, the bounds of our land use system. 258 00:31:30.577 --> 00:31:37.813 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. 259 00:31:38.006 --> 00:31:38.951 Thank you, Council President. 260 00:31:39.065 --> 00:31:39.946 Thank you, Councilor Pirtle-Guiney. 261 00:31:40.509 --> 00:31:40.990 Councilor Knoll. 262 00:31:41.695 --> 00:31:43.605 I'll save my comments for the full discussion. 263 00:31:43.861 --> 00:31:44.038 Okay. 264 00:31:44.117 --> 00:31:44.776 Vice President Clark. 265 00:31:46.027 --> 00:31:46.925 Thank you, Council President. 266 00:31:47.150 --> 00:31:52.861 Um, I just first of all want to thank the Planning Commission, wherever you are, uh, for all of their work. 267 00:31:53.534 --> 00:31:55.729 Thank our— all my colleagues. 268 00:31:55.794 --> 00:31:59.249 Thank the people from the Bureau, especially Tom, for all the work that you've put into this. 269 00:31:59.410 --> 00:32:01.105 I think it's a very reasonable package. 270 00:32:02.288 --> 00:32:05.055 Thanks to advocates for always being at the table and pushing on this. 271 00:32:05.135 --> 00:32:05.940 I really appreciate it. 272 00:32:06.712 --> 00:32:07.855 It's very long awaited. 273 00:32:08.096 --> 00:32:10.396 I think we've waited years for this package. 274 00:32:12.407 --> 00:32:15.209 I am going to make one caveat, and then I do have a question. 275 00:32:15.884 --> 00:32:28.519 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. 276 00:32:28.632 --> 00:32:38.104 And I'm afraid that if we go much further, that the state will be tempted to preempt us, preempt these policies. 277 00:32:38.167 --> 00:32:50.605 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. 278 00:32:50.653 --> 00:32:51.646 And just be aware of that. 279 00:32:51.711 --> 00:32:51.838 Thank you. 280 00:32:52.112 --> 00:32:56.880 That there will probably be an effort in Salem to preempt some of the things that we're doing here. 281 00:32:57.313 --> 00:32:59.961 But I think we're doing a really good job. 282 00:33:00.460 --> 00:33:18.519 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. 283 00:33:18.599 --> 00:33:18.647 Yes. 284 00:33:19.082 --> 00:33:25.230 Why do we not include on non-liquefaction soils in there? 285 00:33:25.681 --> 00:33:27.481 Was that discussed? 286 00:33:31.267 --> 00:33:37.530 I will say the whole area has some— is in that high liquefaction risk. 287 00:33:37.660 --> 00:33:51.967 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. 288 00:33:52.545 --> 00:34:00.633 And the further you get away from the river, the lower that risk, the lower the amount of displacement becomes. 289 00:34:01.242 --> 00:34:08.688 So think, you know, 10 to 12 feet of displacement close to the river, down to less than a foot away from the river. 290 00:34:08.769 --> 00:34:12.251 And so we were looking at those—. 291 00:34:12.251 --> 00:34:12.429 Thank you. 292 00:34:12.782 --> 00:34:23.625 Sort of maps and just saying, okay, for new expanded tanks, move it away from the river to a safer location. 293 00:34:23.753 --> 00:34:29.672 But there is no sort of no liquefaction hazard areas on these terminals. 294 00:34:29.784 --> 00:34:31.115 No line of demarcation. 295 00:34:31.293 --> 00:34:31.373 Yeah. 296 00:34:31.452 --> 00:34:34.757 Just this is your best guess, it's 250 feet. 297 00:34:35.463 --> 00:34:36.617 It gets us— it's safer. 298 00:34:37.148 --> 00:34:39.938 It's not safest or safe. 299 00:34:40.518 --> 00:34:41.327 Okay, it's safer. 300 00:34:41.746 --> 00:34:42.894 Okay, I appreciate that. 301 00:34:42.943 --> 00:34:44.610 That— I think that answers my question. 302 00:34:44.657 --> 00:34:44.998 Thank you. 303 00:34:45.402 --> 00:34:47.099 Okay, thank you, Vice President Clark. 304 00:34:47.148 --> 00:34:49.802 Councilor Koyama Lane, any opening remarks for you? 305 00:34:50.824 --> 00:34:51.570 Okay, great. 306 00:34:52.023 --> 00:34:57.617 So colleagues, we are now in discussion of this, uh, amendment which was moved by Councilor Green and seconded by Vice President Clark. 307 00:34:58.184 --> 00:34:58.815 Councilor Novick. 308 00:35:00.755 --> 00:35:01.920 Uh, thank you, Mr. President. 309 00:35:02.130 --> 00:35:11.539 Um, so I have a question which maybe is partly guided by By not knowing exactly how arduous a Type 3 procedure is. 310 00:35:12.679 --> 00:35:19.152 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. 311 00:35:20.164 --> 00:35:24.967 So if they're gonna replace an old tank with a risk category 4, it's like a resilient tank. 312 00:35:25.320 --> 00:35:34.394 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? 313 00:35:35.699 --> 00:35:37.581 Or a Type 3, sorry. 314 00:35:38.014 --> 00:35:44.623 The Type 3 process is arduous, right? 315 00:35:44.704 --> 00:35:54.284 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. 316 00:35:54.911 --> 00:35:57.257 There'll be a hearing before a hearings officer. 317 00:35:57.739 --> 00:35:59.217 It's appealable to council. 318 00:36:00.519 --> 00:36:04.427 A lot of these criteria are, you know, either you meet it or not. 319 00:36:04.965 --> 00:36:05.382 Right. 320 00:36:05.527 --> 00:36:24.474 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. 321 00:36:24.940 --> 00:36:27.826 An appeal would not come to council, it would go to LUBA. 322 00:36:29.108 --> 00:36:36.010 But, and that would be a, slightly shorter process to go through to do these replacement tanks. 323 00:36:36.266 --> 00:36:49.289 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. 324 00:36:49.882 --> 00:36:54.474 And I'm curious for the sponsors what their reaction is to that. 325 00:36:58.150 --> 00:37:15.351 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. 326 00:37:15.416 --> 00:37:18.273 That's the sort of— that's the baseline. 327 00:37:19.027 --> 00:37:23.985 I think what they wanted to see was the most robust processes possible. 328 00:37:24.385 --> 00:37:33.538 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? 329 00:37:35.000 --> 00:37:44.309 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. 330 00:37:46.400 --> 00:37:49.273 And I was willing to sort of fight for that. 331 00:37:50.356 --> 00:37:55.041 And I'll just note that I think it's probably in the best interest of the companies to get this Safer tank anyway. 332 00:37:55.090 --> 00:37:58.896 So they've got a strong balance sheet incentive anyway. 333 00:38:01.389 --> 00:38:12.655 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. 334 00:38:13.170 --> 00:38:24.925 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. 335 00:38:26.568 --> 00:38:31.527 I just don't see logically why we wouldn't have to want to have a speedier process for that. 336 00:38:33.795 --> 00:38:41.673 I mean, one very specific reason came up in the depths of the conversation where we were arguing about something else. 337 00:38:41.722 --> 00:38:43.161 It was about the drawdown criteria. 338 00:38:43.224 --> 00:38:47.755 It was about whether tank capacity or average levels was, was the right approach. 339 00:38:49.826 --> 00:38:57.563 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. 340 00:38:57.659 --> 00:38:59.016 What is their volume and the like? 341 00:38:59.128 --> 00:39:11.181 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. 342 00:39:12.260 --> 00:39:26.021 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. 343 00:39:26.329 --> 00:39:30.726 And so weighing those risks, they want the most robust processes possible. 344 00:39:33.503 --> 00:39:35.702 And there's no single one risk here. 345 00:39:37.900 --> 00:39:40.166 But what's the risk of replacing a bad tank with a good tank? 346 00:39:40.215 --> 00:39:51.990 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. 347 00:39:52.088 --> 00:39:56.989 So, you know, there's trust issues here with these companies. 348 00:39:57.570 --> 00:40:09.644 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. 349 00:40:09.762 --> 00:40:09.913 Thank you. 350 00:40:10.257 --> 00:40:15.777 So I can't offer you any more than that, but that's, that's, that was the discussion that we had. 351 00:40:17.943 --> 00:40:20.152 Any other sponsors with any other comments? 352 00:40:22.112 --> 00:40:22.900 Council President, if I may. 353 00:40:23.077 --> 00:40:23.530 Absolutely. 354 00:40:23.706 --> 00:40:25.510 I'll note 2 things. 355 00:40:25.576 --> 00:40:48.853 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. 356 00:40:49.815 --> 00:41:00.074 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. 357 00:41:01.244 --> 00:41:01.373 Okay. 358 00:41:01.630 --> 00:41:02.079 Councilor Smith. 359 00:41:02.206 --> 00:41:05.190 I think there's a strong desire to have consistency in the process. 360 00:41:05.414 --> 00:41:17.735 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. 361 00:41:18.730 --> 00:41:28.306 And for community members who are trying to engage in that process, there are sometimes additional barriers when there's not consistency. 362 00:41:29.271 --> 00:41:42.405 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. 363 00:41:43.367 --> 00:41:56.994 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. 364 00:41:57.284 --> 00:42:00.023 I think it's a very reasonable concern to bring up. 365 00:42:00.103 --> 00:42:02.311 It is certainly part of what we need to weigh here. 366 00:42:03.402 --> 00:42:11.701 But that DEQ mandate helped, for me at least, to make me feel like the balance was captured appropriately. 367 00:42:12.730 --> 00:42:19.855 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. 368 00:42:20.603 --> 00:42:24.936 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. 369 00:42:26.181 --> 00:42:31.398 I mean, it— how much time does a Type 3 versus a Type 3 review add? 370 00:42:35.432 --> 00:42:46.134 Um, so the city is still under the, the state 120-day, um, requirement to issue a decision by then. 371 00:42:46.280 --> 00:42:50.583 So, um, In theory, it's a 4-month process. 372 00:42:51.561 --> 00:42:57.347 At maximum, it's a 4-month process unless the applicant waives that 120-day. 373 00:42:58.228 --> 00:43:07.764 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. 374 00:43:08.742 --> 00:43:09.047 So—. 375 00:43:09.063 --> 00:43:17.413 And I would also say, just the— sorry, for the record, Patricia Diefendorfer— just, you know, expense associated with that application, the fee. 376 00:43:17.943 --> 00:43:18.798 As well as the time. 377 00:43:19.153 --> 00:43:21.577 Just throw that in there. 378 00:43:21.657 --> 00:43:24.065 So is, is 4 months the maximum, or is it a minimum? 379 00:43:25.637 --> 00:43:33.047 It's the maximum unless, because of the back and forth, the terminals waive that 120-day requirement. 380 00:43:33.981 --> 00:43:37.635 And, and if there's an appeal, then that could extend that timeline, right? 381 00:43:38.121 --> 00:43:42.217 No, the council— the appeal has to be resolved within the 120 days. 382 00:43:44.251 --> 00:43:58.697 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. 383 00:44:00.565 --> 00:44:01.411 Thank you, Councilor Novick. 384 00:44:01.751 --> 00:44:02.449 Councilor Kanal. 385 00:44:04.416 --> 00:44:04.708 Thank you. 386 00:44:04.903 --> 00:44:06.675 I'm not really sure what a good tank is. 387 00:44:07.260 --> 00:44:07.990 Thanks. 388 00:44:09.342 --> 00:44:10.097 Thank you, Councilor Knell. 389 00:44:10.306 --> 00:44:10.963 Councilor Koyama Lane. 390 00:44:12.297 --> 00:44:30.168 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. 391 00:44:30.762 --> 00:44:41.748 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. 392 00:44:42.407 --> 00:44:51.762 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. 393 00:44:53.632 --> 00:44:54.568 Thank you, Councilor Koyama Lane. 394 00:44:55.230 --> 00:44:55.875 Vice President Clark. 395 00:44:56.858 --> 00:44:57.713 Thank you, Councilor President. 396 00:44:57.811 --> 00:45:03.135 I just wanted to make some general remarks about this, 'cause I think this is a really important moment in history. 397 00:45:04.092 --> 00:45:08.324 And the history of Linnton and the history of the tanks, the history of our state. 398 00:45:09.440 --> 00:45:11.288 I just read Sarah Taylor's book. 399 00:45:11.500 --> 00:45:19.943 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. 400 00:45:20.847 --> 00:45:28.469 And it was really because a tank that was, I believe, in this— inside the city of Portland, closer to the downtown, that exploded. 401 00:45:28.568 --> 00:45:28.648