2026-10-01 - Council
Summary
Built from the official minutes and the video captions.
- Opening: The meeting was called to order at 2:01 p.m. Dan Ryan said he was on family bereavement leave and would limit his public schedule. The only items were the two continued Critical Energy Infrastructure Hub ordinances, Documents 2026-311 and 2026-312. The oral record had closed September 24 and the written record closed at noon October 1.
- Critical Energy Infrastructure Hub Policy Project (Document 2026-311): Continued as amended to November 5, 2:00 pm. A motion to amend by Green, seconded by Clark, passed 12-0. From the video: the package was a joint amendment from Green, Elana Pirtle-Guiney, Sameer Kanal, Clark and Koyama Lane. Staff described added policy context on fires, landslides and floods, stronger air and water quality language, coordinated planning with tribal nations, a shift from "low-carbon" to "decarbonized" economy wording, and expanded neighborhood notice for terminal projects. Green called it a compromise that did not include everything advocates requested. A second Green motion to strike the 5% aviation fuel expansion allowance failed 5-7; supporters said aviation fuel could still grow if other fuels were reduced, while opponents cited the importance of the airport to the regional economy.
- Bulk fuel terminal capacity reduction (Critical Energy Infrastructure Hub) (Document 2026-312): Continued as amended to October 7, 10:00 am. Clark moved to divide the question; the part removing the aviation fuel exemption failed 6-6. The rest of the package passed 10-2. From the video, it directed study of alternatives to tank-capacity regulation using data reported to the city by March 31, 2027, with a proposal to council by September 1; added annual reporting on fuel demand and consumption; and called for continued engagement with the community, operators and state agencies. Discussion referenced penalties of $12,000 a day for the first 30 days and $24,000 a day after, plus a per-gallon charge for failing the reduction requirement. Robert Taylor said requiring penalties removes front-end discretion, though litigation could still end in a negotiated resolution.
- Next Climate Investment Plan Transportation Spending Commitment: Novick moved, seconded by Clark, a commitment that at least 40% of Portland Clean Energy Fund dollars in the next Climate Investment Plan go to transportation measures. He said transportation produces about 40% of the city's emissions but received about 22% of current plan spending. Several councilors agreed with the direction but said the Climate Investment Plan process was the better place for it. No vote was taken before the item was continued to October 7.
Sources
- Minutes: https://efiles.portlandoregon.gov/record/18133990/file/document/
- Video: https://youtube.com/watch?v=aGDk-rkdUis
Video
Transcript
These are manually created captions; names and numbers may be misheard.
Transcript
01:30>> THAT'S HOW SHE EMAILS US.
02:52>> GOOD AFTERNOON. I'M CALLING
02:54TO ORDER THIS MEETING OF THE
02:55PORTLAND CITY COUNCIL. IT'S 201
02:59ON THURSDAY, OCTOBER 1ST.
03:00KEELAN. PLEASE CALL THE ROLL.
03:02>> YES. GOOD AFTERNOON. JUST A
03:03QUICK NOTE, WE HAVE UPDATED THE
03:05VOTING ORDER JUST SO EVERYONE'S
03:07AWARE.
03:07>> CLERK NEW VOTING ORDER. NOT
03:09ME THEN.
03:13>> IT'S LAST QUARTER WITH Q4.
03:16LET'S GO D4.
03:17>> CLERK.
03:19>> CLERK.
03:21>> OH, SORRY. WAS THAT CLERK.
03:23>> CLERK RIGHT HERE. THANK YOU.
03:28GREEN CHAIR. ZIMMERMAN HERE.
03:30AVALOS.
03:31>> PRESENT.
03:32>> SMITH.
03:34>> KANAL HERE.
03:36>> PIRTLE-GUINEY.
03:38>> HERE.
03:39>> RYAN.
03:40>> HERE.
03:42>> KOYAMA LANE.
03:43>> HERE. HERE. HERE.
03:47>> HERE. CAN WE PLEASE READ THE
03:48RULES OF DECORUM FOR THE
03:50CHAMBER?
03:52>> GOOD AFTERNOON. WELCOME TO
03:53THE PORTLAND CITY COUNCIL. TO
03:55TESTIFY BEFORE COUNCIL IN
03:56PERSON OR VIRTUALLY. YOU MUST
03:57SIGN UP IN ADVANCE ON THE
03:58COUNCIL AGENDA AT
04:01WWW.PORTLAND.GOV/COUNCIL/AGENDA.
04:02INFORMATION ON ENGAGING WITH
04:03THE COUNCIL CAN BE FOUND ON THE
04:05COUNCIL CLERK'S WEBPAGE.
04:06INDIVIDUALS MAY TESTIFY FOR
04:07THREE MINUTES UNLESS PRESIDING
04:08OFFICER STATES. OTHERWISE, YOUR
04:09MICROPHONE WILL BE MUTED. WHEN
04:10YOUR TIME IS OVER, THE
04:12PRESIDING OFFICER PRESERVES
04:13ORDER DISRUPTIVE CONDUCT SUCH
04:14AS SHOUTING, REFUSING TO
04:15CONCLUDE YOUR TESTIMONY WHEN
04:16YOUR TIME IS UP, OR
04:18INTERRUPTING OTHERS TESTIMONY
04:19OR COUNCIL DELIBERATIONS WILL
04:20NOT BE ALLOWED. IF YOU CAUSE A
04:22DISRUPTION, A WARNING WILL BE
04:23GIVEN. FURTHER DISRUPTION WILL
04:24RESULT IN AN EJECTION FROM THE
04:26MEETING. ANYONE WHO FAILS TO
04:27LEAVE ONCE EJECTED IS SUBJECT
04:28TO ARREST FOR TRESPASS.
04:30ADDITIONALLY, COUNCIL MAY TAKE
04:30A SHORT RECESS AND RECONVENE
04:32VIRTUALLY. YOUR TESTIMONY
04:34SHOULD ADDRESS THE MATTER BEING
04:35CONSIDERED WHEN TESTIFYING,
04:36STATE YOUR NAME FOR THE RECORD.
04:37YOUR ADDRESS IS NOT NECESSARY.
04:38IF YOU'RE A LOBBYIST, IDENTIFY
04:39THE ORGANIZATION YOU REPRESENT.
04:41VIRTUAL TESTIFIERS SHOULD
04:42UNMUTE THEMSELVES WHEN THE
04:42COUNCIL CLERK CALLS YOUR NAME.
04:44THANK YOU.
04:44>> THANK YOU VERY MUCH,
04:45COLLEAGUES. BEFORE WE GET
04:46STARTED, COUNSELOR RYAN, I SEE
04:47YOUR HAND IN THE QUEUE.
04:51>> THANK YOU. HEY, COLLEAGUES,
04:53I JUST WANT TO SAY THAT THAT'S
04:56AN INTERESTING BACKGROUND. I
04:57JUST WANT TO SAY THAT I'M ON
04:58FAMILY BEREAVEMENT LEAVE, AND
05:00I'LL BE LIMITING MY PUBLIC
05:03SCHEDULE THIS WEEK. THIS
05:05MEETING IS REALLY IMPORTANT AND
05:07THEY'RE ALL IMPORTANT, BUT THIS
05:08ONE'S BEEN ON OUR DOCKET FOR
05:10SOME TIME. AND I'LL BE
05:12LISTENING OFF CAMERA. I MIGHT
05:14JUMP ON WHEN WE'RE ON
05:16DISCUSSING AMENDMENTS,
05:17ESPECIALLY ON AVIATION FUEL.
05:20AND I ALSO JUST WANT TO SAY, I
05:22REALLY THANK YOU FOR RESPECTING
05:24MY PRIVACY AT THIS TIME. AND A
05:26SPECIAL THANKS TO THOSE OF YOU
05:28WHO HAVE SENT ME PRIVATE NOTES,
05:30AND I REALLY APPRECIATE THAT.
05:31THANK YOU.
05:32>> THANK YOU, COUNCILOR RYAN.
05:35OKAY, KEELAN, WE HAVE TWO ITEMS
05:36ON OUR AGENDA. CAN WE PLEASE
05:38CALL ITEMS NINE AND TEN.
05:40>> ITEM NINE, DOCUMENT 2026-311.
05:44ADOPT THE CRITICAL ENERGY
05:46INFRASTRUCTURE HUB POLICY
05:47PROJECT TO SUPPORT PUBLIC
05:48HEALTH AND NATURAL HAZARDS RISK
05:51REDUCTION. AMEND CODE TITLES 33
05:52AND 24. ITEM TEN DOCUMENT
05:572026-312 ADD BULK FUEL TERMINAL
05:59CAPACITY REDUCTION REGULATIONS
06:01CODE TO REDUCE CRITICAL ENERGY
06:03INFRASTRUCTURE HUB FUEL STORAGE
06:05BY 2036 IN SUPPORT OF HAZARD
06:07MITIGATION, ADD CODE. CHAPTER
06:1017.112.
06:11>> THANK YOU VERY MUCH,
06:11COLLEAGUES. THIS IS A CONTINUED
06:13COUNCIL MEETING FOR ITEM NUMBER
06:152026 311. THE ORDINANCE FOR THE
06:18RECOMMENDED DRAFT OF THE CEI
06:19HUB POLICY PROJECT AND FOR ITEM
06:212026 312. THE ORDINANCE FOR THE
06:24BULK FUEL TERMINAL CAPACITY
06:26REDUCTION REGULATIONS. THE
06:28LEGISLATIVE RECORD FOR THESE
06:29ORDINANCES IS NOW CLOSED BASED
06:31ON COUNCIL. BASED ON COUNCIL
06:33DELIBERATIONS ON POSSIBLE
06:34AMENDMENTS, COUNCIL MAY DECIDE
06:36TO REOPEN THE RECORD FOR ORAL
06:37OR WRITTEN TESTIMONY AT A
06:39FUTURE MEETING. THE PURPOSE OF
06:40TODAY'S MEETING IS TO DISCUSS
06:41PROPOSED AMENDMENTS TO BOTH
06:43ORDINANCES. FOR THE PURPOSES OF
06:44STRUCTURING THE DISCUSSION,
06:45COLLEAGUES, I'D LIKE TO START
06:46WITH DOCUMENT 2026 311, THE
06:49ORDINANCE FOR THE COMPREHENSIVE
06:50PLAN POLICY AMENDMENTS AND THE
06:52TITLE 33 ZONING CODE AND TITLE
06:5524 BUILDING CODE AMENDMENTS. WE
06:57WILL ONLY CONSIDER THIS ITEM
06:58TODAY AND RETURN NEXT WEEK FOR
06:59THE OTHER TO HELP US KNOW WHAT
07:02WE'RE DOING. PLANNING AND
07:03SUSTAINABILITY STAFF HAVE
07:04PREPARED A SLIDE DECK AND A
07:05BRIEF PRESENTATION SUMMARIZING
07:06THE AMENDMENTS THAT HAVE BEEN
07:08PROPOSED. WE HAVE WITH US STAFF
07:09FROM PLANNING SUSTAINABILITY.
07:11COME ON UP. DIRECTOR ERIC
07:13ENGSTROM, SUPERVISING PLANNER
07:16TOM ARMSTRONG AND PATRICIA
07:17DIEFENDERFER, CHIEF PLANNER
07:18FROM BTS.
07:23>> GOOD AFTERNOON. FOR THE
07:25RECORD, ERIC ENGSTROM, DIRECTOR
07:27OF BTS, AND I'LL TURN IT OVER
07:29TO STAFF.
07:31>> GOOD AFTERNOON. PATRICIA
07:32DIEFENDERFER, CHIEF PLANNER.
07:34>> GOOD AFTERNOON. TOM
07:35ARMSTRONG, SUPERVISING PLANNER
07:37AT BTS.
07:39>> THANK YOU. I UNDERSTAND YOU
07:41ALL HAVE A LITTLE SHOW US AND
07:43HELP US. HELP US ALL GET CAUGHT
07:45UP TO WHAT IT IS WE'RE TALKING
07:46ABOUT TODAY.
07:47>> YEAH. THERE WE GO.
08:28>> ALL RIGHT, THERE WE GO. OKAY.
08:34I'M NOT SURE HOW YOU WANT TO
08:36RUN THIS MEETING, BUT SO AS WAS
08:39READ OUT, THERE ARE TWO
08:41ORDINANCES BEFORE YOU. WE HAVE
08:44THE LEGISLATIVE RECORD FOR BOTH
08:46ORDINANCES. AND AS THE COUNCIL
08:49PRESIDENT SAID, THE RECORD IS
08:50NOW CLOSED FOR THE TIME BEING,
08:55STARTING WITH THE COMPREHENSIVE
08:57PLAN AMENDMENTS. MAINLY, THESE
09:01AMENDMENTS TO THE POLICY
09:03LANGUAGE ARE IN THE GREEN
09:06PIRTLE-GUINEY KANAL CLARK
09:08KOYAMA LANE TWO THAT WERE
09:12POSTED TODAY, AND WE HAVE
09:15SLIDES THAT CAN GO THROUGH EACH
09:16OF THESE. HOWEVER YOU LIKE TO
09:19HANDLE THE DISCUSSION ON, ON
09:21THIS PORTION OF OF THE GREEN
09:25TWO AMENDMENTS.
09:26>> AWESOME. THANKS, TOM. I
09:27WOULD LOVE IT IF YOU COULD
09:29SUMMARIZE THE COMPREHENSIVE
09:29PLAN AND THE TITLE 33
09:31AMENDMENTS. JUST SO WE'RE ALL
09:32CLEAR ON WHAT WE'RE TALKING
09:33ABOUT HERE.
09:34>> YEAH. SO THE COMPREHENSIVE
09:36PLAN POLICY AMENDMENTS WE MAKE,
09:38THE PLANNING COMMISSION HAS
09:40RECOMMENDED TWO CHANGES TO THE
09:43EXISTING POLICIES, AND THEN A A
09:48NEW POLICY POLICY. 383 THAT IS
09:51SPECIFIC TO THE SCI HUB, AND
09:53THAT POLICY HAS A NUMBER OF SUB
09:56POLICIES THAT ADDRESS THE WIDE
09:57RANGE OF ISSUES, FROM SEISMIC
10:00UPGRADES TO ECONOMIC
10:01SIGNIFICANCE TO ENVIRONMENTAL
10:04PROTECTION AS A RESULT OF THE
10:05PUBLIC HEARING AND BACK AND
10:08FORTH, THERE'S BEEN PROPOSED
10:11CHANGES TO SOME OF THOSE
10:13POLICIES. NOT ALL OF THOSE
10:14POLICIES, WORDSMITHING OF THOSE
10:17POLICY DOCUMENTS AND AND
10:19INCLUDING ONE NEW SUB POLICY
10:22AROUND RISK REDUCTION.
10:26>> THANK YOU. IS THIS A DO YOU
10:31GO FURTHER INTO IT PAST THIS
10:33POINT?
10:34>> YEAH. SO THE THE FIRST
10:37POLICY IS TO ACTUALLY INCLUDE
10:41SOME INTRODUCTORY LANGUAGE THAT
10:43REALLY PROVIDES A LITTLE BIT
10:44MORE CONTEXT IN, IN WHERE THE
10:48POLICIES APPEAR IN THE
10:50COMPREHENSIVE PLAN AROUND THE
10:51SCI HUB. AND WE HAVE. YOU KNOW,
10:56THIS LANGUAGE REALLY EXPLAINS
11:00WHY THE SCI HUB IS SO IMPORTANT,
11:02BOTH IN TERMS OF SUPPLYING THE
11:04STATE'S LIQUID FUEL, BUT AS
11:06WELL AS THE RISKS THAT IT FACES.
11:10AND THE NEED FOR SORT OF
11:12CONTINUED COLLABORATION TO
11:14ADDRESS THE EMERGENCY
11:16PREPAREDNESS ISSUES. THEN AGAIN,
11:21FOR POLICY 372, THIS IS ONE OF
11:23THE EXISTING POLICIES. YOU KNOW,
11:27THE WHAT YOU SEE HERE AT THE
11:28END IN BLUE IS THE ADDED
11:32LANGUAGE THAT REALLY BRINGS IN
11:34THAT THAT IMPORTANCE OF SAFETY
11:36AND RESILIENCE, THAT THAT SORT
11:40OF THAT, THAT WHAT WE'RE
11:41>> TRYING TO DO HERE. THE
11:42BALANCING OF THE ECONOMIC
11:44SIGNIFICANCE OF THE HUB AND THE
11:46AREA AS AS WELL AS THE THE
11:50RISKS THAT IT FACES. THEN IN
11:54TERMS OF THE SUB POLICIES,
11:55AGAIN, THERE'S SOME
11:57WORDSMITHING HERE. POLICY 383 B
11:59HAS BEEN EXPANDED TO
12:01ACKNOWLEDGE OTHER NATURAL
12:03HAZARDS THAT THE HUB FACES,
12:05SUCH AS FIRES, LANDSLIDES AND
12:08FLOODS. THE ECONOMIC
12:12SIGNIFICANT POLICY AGAIN HAS
12:13HAS SORT OF BROUGHT IN THE
12:16IMPORTANCE OF FINDING
12:19ALTERNATIVE LOCATIONS FOR THESE
12:21FACILITIES. AGAIN, THAT'S, YOU
12:24KNOW, ALTERNATIVE LOCATIONS
12:25OUTSIDE OF THE CITY OF PORTLAND.
12:28THERE'S THERE'S NOT REALLY A
12:29SAFER LOCATION IN PORTLAND FOR
12:31THESE FACILITIES. POLICY 383 D
12:37AGAIN, SORT OF STRENGTHENS THE
12:41VERB, YOU KNOW, A MORE ACTIVE
12:43VERB AROUND PROTECT AIR AND
12:44WATER QUALITY. AND THAT
12:48BRINGING IN ESPECIALLY
12:50ACKNOWLEDGING THE ROLE THAT
12:52TRIBAL NATIONS CAN PLAY IN, YOU
12:56KNOW, HELPING TO PROTECT THE
12:58AIR AND WATER QUALITY RESOURCES
12:59AND PROMPTING TO FOR
13:02COORDINATED PLANNING. SIMILAR
13:06CHANGE TO THE ENERGY TRANSITION
13:09POLICY. AGAIN, BRINGING IN
13:12TRIBAL NATIONS INTO THAT MIX OF
13:14LOCAL, STATE, AND FEDERAL
13:16JURISDICTIONS, AS WELL AS A
13:18CHANGE IN REFERENCE FROM A LOW
13:21CARBON ECONOMY TO A
13:23DECARBONIZED ECONOMY. AGAIN,
13:24SORT OF REFLECTING THE THE
13:28LARGER CLIMATE GOALS WHEN IT
13:31COMES TO THE ENERGY TRANSITION.
13:36COMMUNITY RESILIENCE. AGAIN,
13:38THIS REALLY SPEAKS SORT OF
13:41BEYOND ZONING CODE AND
13:42DEVELOPMENT REGULATIONS, BUT TO
13:44REALLY THE IMPORTANCE OF THE
13:45NEED FOR FUNDING TO FOR FURTHER
13:49RISK MITIGATION OF, OF THE, THE
13:54DANGERS POSED BY THE NATURAL
13:58HAZARDS IN THIS AREA. AND THEN
14:02AND ALONG A SIMILAR, SIMILAR
14:04LINE, THERE'S A NEW POLICY
14:06AROUND RISK REDUCTION. AND, AND
14:09AGAIN, A PROMPT TO IDENTIFY
14:12MORE STRATEGIES TO, TO MITIGATE
14:14THE RISK TO THE COMMUNITY AND
14:16THE ENVIRONMENT AND THE
14:18ECONOMIC HEALTH THAT THAT COMES
14:21FROM CONCENTRATING ALL OF THESE
14:24FACILITIES AT THE SCI HUB. THAT
14:27IS THE SUITE OF POLICY CHANGES
14:31IN WHAT I'LL CALL GREEN TWO.
14:33>> THANK YOU VERY MUCH. I'D
14:34LIKE TO TURN TO COUNCILORS
14:36GREEN PIRTLE-GUINEY, KANAL
14:37CLARK AND OR KOYAMA LANE TO SEE
14:39IF THERE'S FURTHER CONVERSATION
14:40ABOUT THIS, OR TO MOVE INTO A
14:42FORMAL MOTION. YEAH. COUNCILOR
14:45GREEN.
14:45>> I'LL JUST JUMP RIGHT IN.
14:46THANK YOU SO MUCH, COUNCIL
14:47PRESIDENT. AND THANK YOU, TOM,
14:48FOR SUMMARIZING. AND AGAIN, I
14:50CANNOT FOR ANYONE WATCHING THIS,
14:52I CANNOT STRESS ENOUGH HOW
14:54RESPONSIVE BTS HAS BEEN TO US
14:56DURING THIS PROCESS. WE'VE
14:57LEARNED. I DON'T KNOW HOW MANY.
15:00THREE ITERATIONS AT LEAST. AND
15:02YOU ALL HAVE OTHER PLANNED WORK
15:04AND IT JUST IT'S A IT'S A
15:06TESTAMENT TO YOUR COMMITMENT TO
15:08THIS STYLE OF POLICY MAKING
15:10THAT IS RESPONSIVE TO THE
15:12COMMUNITY. AND, AND THEY AND
15:13THEY HEAR IT AND THEY FEEL IT.
15:15SO THANK YOU. JUST BROADLY, YOU
15:17KNOW, WE'VE ORGANIZED THIS AS
15:20AS ONE BIG AMENDMENT AND WHAT
15:22WE'VE SEEN ON THE SCREEN SO FAR,
15:24THE EIGHT DIFFERENT AMENDMENTS,
15:26SOME AMENDMENTS THAT ARE
15:28SPEAKING TO THE COMPREHENSIVE
15:29PLAN. SO DO YOU WANT ME TO JUST
15:31TO TALK ABOUT THE COMP PLAN
15:33PART FIRST, OR DO YOU WANT ME
15:35TO JUST TALK ABOUT THE GLOBAL
15:36SUITE OF THINGS.
15:37>> AND TALK ABOUT THE GLOBAL
15:38SUITE OF THINGS?
15:39>> THAT'S FINE. OKAY. SO JUST
15:40JUST TO SET THE STAGE HERE,
15:42COLLEAGUES. YOU KNOW,
15:45DEVELOPMENT HAPPENS IN A
15:47CUMULATIVE FASHION AND IT'S
15:49HISTORICALLY SITUATED. I STUDY
15:50THIS IN MY DISSERTATION. AND
15:52YOU KNOW, WHAT YOU SEE FOR THE
15:54CITY OF PORTLAND IS DEVELOPMENT
15:56OCCURS ALONG THE RIVER. IT
15:59RECURS. IT OCCURS WITH
16:00RAILROADS AND UTILITIES. AND
16:02ALL OF THE INVESTMENT THAT THAT
16:04ENGENDERS CREATES JOBS. IT
16:05CREATES GROWTH AND ALL THAT.
16:06BUT IT CREATES ALSO IMPACTS TO
16:09COMMUNITIES. AND I THINK ONE OF
16:11THE TAKEAWAYS FROM DOING THAT
16:12WORK IS, IS RECOGNIZING THAT
16:13WHILE DEVELOPMENT IS CUMULATIVE,
16:15IT'S IT'S NOT INEVITABLE WHERE
16:17IT GOES AND HOW YOU STEER THAT
16:19AND HOW YOU CHANGE THAT DEPENDS
16:22UPON HOW MUNICIPALITIES AND
16:24GOVERNMENTS STRUCTURE THEIR
16:26REGULATORY APPARATUS AND, AND
16:28HOW YOU ENGAGE IN POLITICS. AND
16:31SO THIS IS A THIS IS AN AREA
16:33I'VE BEEN WATCHING FROM THE
16:34OUTSIDE LOOKING IN, NOT AS A
16:36PERSON WHO LIVED ADJACENT TO
16:38THE SCI HUB, BUT BUT SEEING
16:40THAT IT WAS A BIG POINT OF
16:41ENERGY IN THE CITY OF PORTLAND
16:44AND SEEING, YOU KNOW, COMMUNITY
16:46ADVOCATES TAKE A DEEP INTEREST
16:48AND BECOME LAND USE EXPERTS AND
16:49SORT OF TRY TO FIND CHAMPIONS
16:53TO TAKE THIS WORK UP. AND THEN
16:54SEEING IN THIS POST CHARTER
16:56REFORM WORLD WHERE COUNCILORS
16:59AND STAFF ARE, ARE IN COMMUNITY
17:02CONVERSATION WITH THEM. AND I
17:03THINK THAT'S A REALLY BEAUTIFUL
17:04THING. AND SO I THINK WHAT I
17:07WHAT WE HAVE HERE, WHAT WE'RE
17:08MOVING, WHAT WE'LL GET INTO THE
17:09DETAILS HERE IN A SECOND ON IS,
17:11IS A COLLECTIVE EFFORT BY A
17:13RANGE OF COUNCILORS WHO
17:16RECOGNIZE THAT WE'RE NOT
17:17SOLVING ALL THE PROBLEMS WITH
17:18THE HUB IN THIS ONE ACTION, BUT
17:20WE HAVE AN OPPORTUNITY TO
17:22SIGNIFICANTLY IMPROVE BOTH THE
17:24SAFETY AT THE HUB, AS WELL AS
17:26OUR COMMITMENT TO ENVIRONMENTAL
17:28SORT OF CLIMATE GOALS. WHILE
17:32MODELING HOW YOU DO COMMUNITY
17:33DRIVEN POLICY MAKING. AND SO
17:36THERE MIGHT BE SOME PIECES THAT
17:37ARE MISSED, THERE MIGHT BE SOME
17:39DIFFERENCES OF OPINION, BUT
17:40THIS IS HOW LEGISLATIVE STUFF
17:42WORKS. WE TRY TO FIND
17:43COMPROMISE TO MOVE THE NEEDLE
17:44FORWARD TOGETHER. AND SO I'M
17:45PROUD OF THE WORK. BUT BROADLY,
17:47I WOULD SAY THAT I AM FORMALLY
17:50GOING TO MOVE THIS, WHICH ALSO
17:54CONTAINS A NUMBER OF AMENDMENTS
17:55FOR THE TITLE 33 ZONING CODE AS
17:58WELL. AND SO DO WE WANT TO THEN
18:01JUMP INTO THAT OR. OKAY.
18:03>> I SECOND.
18:04>> COUNCILOR GREEN MOVES.
18:05COUNCILOR VICE PRESIDENT, CLERK,
18:06SECONDS COLLEAGUES, WE ARE NOW
18:09IN DISCUSSION OF THE AMENDMENT.
18:10AND COUNCILOR GREEN, YOU STILL
18:11HAVE THE FLOOR.
18:12>> YEAH. DO YOU HAVE SLIDES FOR
18:14THE TITLE 33 STUFF? MAYBE
18:15THAT'S THE EASIEST WAY TO DO IT
18:17SO EVERYONE CAN SEE VISUALLY.
18:20TOM, DO YOU MIND DOING THE.
18:23SURE. THANKS.
18:24>> SO AMENDMENT NINE IN THE
18:28DOCUMENT, THERE ARE SOME
18:29CHANGES TO THE NEIGHBORHOOD
18:31CONTACT REQUIREMENTS. AND YOU
18:34KNOW, THIS IS DESIGNED TO HAVE
18:38ADVANCE NOTICE TO THE
18:39SURROUNDING NEIGHBORHOODS OF A
18:42INCOMING DEVELOPMENT
18:44APPLICATION. AND SO THESE
18:47AMENDMENTS EXPAND THE NUMBER OF
18:50NEIGHBORHOODS AND, AND
18:52EDUCATION INSTITUTIONS THAT
18:55WILL GET THOSE NOTICES. IT ALSO
18:59REQUIRES A AN AD TO BE
19:03PUBLISHED IN A NEWSPAPER THAT
19:05IS BROADLY DISTRIBUTED IN THE
19:07NEIGHBORHOODS THAT RECEIVE THAT
19:08NOTICE. AND GENERALLY THIS
19:12REQUIREMENT IS, IS JUST TO
19:13CREATE AWARENESS OF A
19:15DEVELOPMENT ACTIVITY. AND AND
19:20THIS IS, YOU KNOW, FOR ALL
19:24TYPES OF ACTIVITY THAT WE'RE
19:26EXPECTING TO OCCUR OUT AT THESE
19:28HUBS AS PART OF THE
19:30IMPLEMENTATION OF THEIR STATE
19:32REQUIRED SEISMIC STABILITY
19:34PROGRAMS, THE RISK MITIGATION
19:38IMPLEMENTATION PLANS THAT ARE
19:40EXPECTED TO OCCUR OVER THE NEXT
19:42TEN OR SO YEARS. AND THIS
19:45COVERS WHEN THEY'RE BUILDING
19:46NEW STRUCTURES OR STORAGE TANKS
19:49TO TO REPLACE THE EXISTING ONES,
19:52OR THE DEMOLITION OF AN
19:54EXISTING ONE, OR AN ALTERATION
19:56TO THE TRANSLOADING FACILITY.
20:00IN ADDITION TO THAT, THIS IS
20:03ALSO EXPANDED TO. THE
20:08NEIGHBORHOOD CONTACT
20:10REQUIREMENT. IN CASES WHERE A
20:13TERMINAL IS COMING THROUGH, ONE
20:15OF THE TYPE THREE REVIEWS. AND
20:19SO WHAT IT REQUIRES IS THAT
20:22BEFORE A TERMINAL APPLIES FOR
20:24ONE OF THOSE REVIEWS, THEY HAVE
20:26TO HAVE THIS NEIGHBORHOOD
20:27CONTACT REQUIREMENT, WHICH IS
20:29SENDING A LETTER NOTIFYING THE
20:31SURROUNDING NEIGHBORHOODS,
20:33HOLDING A MEETING TO TALK ABOUT
20:34WHAT THE PROPOSAL WILL BE. AND
20:37THEN WHEN THAT WHEN THEY
20:39ACTUALLY MAKE THE FORMAL
20:41APPLICATION TO PERMITTING AND
20:44DEVELOPMENT AS PART OF THE
20:45CHECKLIST OF APPLICATION
20:47MATERIALS, THEY HAVE TO SHOW
20:48THAT THEY'VE SATISFIED THE
20:50REQUIREMENTS OF THIS
20:51NEIGHBORHOOD REQUIREMENT,
20:52CONTACT REQUIREMENT. THE SECOND
20:56AMENDMENT AMENDMENT TEN IS
21:00ADDRESSES THOSE TYPE THREE
21:02REVIEWS AND CURRENTLY IN THE
21:04THE RECOMMENDED CODE PACKAGE.
21:06THERE ARE THREE DIFFERENT
21:09REVIEWS, ONE FOR NEW
21:12TRANSLOADING FACILITIES, ONE
21:13FOR TRANSFERRING CAPACITY
21:15BETWEEN TERMINALS AND ONE FOR
21:18THE AVIATION FUEL STORAGE
21:20EXPANSION REVIEW. UNDER THIS
21:23AMENDMENT, THOSE THREE REVIEWS
21:25ARE DELETED AND REPLACED BY TWO
21:30REVIEWS. THE FIRST IS A STORAGE
21:33TANK REPLACEMENT REVIEW, AND
21:35THEN THE SECOND ONE IS A
21:39CAPACITY AND AND TRANSLOADING
21:40EXPANSION REVIEW. SO THE
21:44REPLACEMENT REVIEW AGAIN SORT
21:46OF KICKS IN WHEN A TERMINAL IS
21:49GOING THROUGH IS IS
21:50IMPLEMENTING THEIR STATE
21:53REQUIRED RMIP PROCESS. SO
21:54THEY'RE MAKING SEISMIC UPGRADES
21:57AND THEY DECIDE THAT THEY'RE
21:59GOING TO REPLACE A TANK BEFORE
22:02THEY CAN GET A BUILDING PERMIT
22:03FOR THAT TANK REPLACEMENT. THEY
22:05NEED TO GO THROUGH THIS TYPE
22:07THREE PROCESS. AND, AND THE
22:11APPROVAL CRITERIA IS SUCH THAT,
22:15YOU KNOW, IMPORTANTLY, THAT THE
22:18REPLACEMENT TANK OR TANKS, THE
22:21TOTAL CAPACITY IS NOT MORE THAN
22:23WHAT THEY ARE REPLACING. THE
22:26REPLACEMENT TANK IS BUILT TO
22:29RISK CATEGORY FOUR. AND THAT,
22:32YOU KNOW, THEY SHOW THAT
22:34THEY'RE IN COMPLIANCE WITH
22:35THEIR DEQ RISK MITIGATION
22:37IMPLEMENTATION PLAN, THAT THE
22:42LOCATION OF THE REPLACEMENT
22:43TANK OR TANKS ARE HAVE HAVE
22:47EITHER THE SAME OR LOWER
22:49SEISMIC RISKS ASSOCIATED. SO
22:52SOMETIMES THEY'RE REPLACING IT
22:53IN THE SAME PLACE. SOMETIMES
22:55THEY'RE MOVING IT. WE WANT THEM
22:57TO MOVE IT ESSENTIALLY AWAY
22:58FROM THE RIVER TO A PLACE THAT
23:04IN THEORY HAS LOWER
23:06LIQUEFACTION RISKS AND THAT
23:09THEY REPLACE. THEY POST A
23:12PERFORMANCE BOND AGAIN, THAT
23:17ONCE THEY'RE DONE WITH THE
23:19REPLACEMENT, THAT WE ENSURE
23:20THAT THE OLD TANK IS DEMOLISHED.
23:23SO IN SOME CASES, THEY'RE GOING
23:25TO BUILD A NEW TANK IN A NEW
23:28LOCATION. THEY'RE GOING TO KEEP
23:28THE OLD TANK ONLINE AND SERVING
23:33FUEL THAT WE NEED. AND THEN
23:35WHEN THAT NEW TANK IS READY TO
23:37COME ONLINE, THEY'LL TAKE THE
23:39OLD TANK OFF. THIS PERFORMANCE
23:41BOND ENSURES THAT THEY TAKE
23:42THAT OLD TANK OFF AND THEY AND
23:46REMOVE IT. SO THAT'S AMENDMENT
23:49TEN OR THAT'S THE REPLACEMENT
23:54REVIEW PROCESS. THE SECOND
23:58REVIEW IS IS FOR EXPANSIONS.
24:00AND THIS IS FOR BOTH TANK
24:01CAPACITY AND TRANSLOADING
24:04FACILITIES AND INCLUDES THE
24:08AVIATION FUEL. AGAIN IT'S A
24:10TYPE THREE REVIEW PROCEDURE.
24:14WHAT WE'VE DONE IS TAKEN
24:17ESSENTIALLY THE THE
24:18TRANSLOADING THE TRANSFER AND
24:20THE AVIATION FUEL EXPANSION
24:23CRITERIA AND COLLAPSED IT INTO
24:25ONE SET OF CRITERIA, WHICH IS
24:26WHAT WE HEARD FROM THE PUBLIC
24:28TESTIMONY. TO GO THROUGH THIS
24:33PROCESS, YOU KNOW, A TERMINAL
24:36IS GOING TO HAVE TO SHOW A NEED
24:38FOR THE EXPANDED CAPACITY THAT
24:41THAT THERE IS NO ALTERNATIVE
24:44LOCATION THAT CAN ACCOMMODATE
24:46THAT EXPANDED CAPACITY. THERE
24:49HAS TO BE NET PUBLIC BENEFITS,
24:52INCLUDING NON-ECONOMIC BENEFITS.
24:54THAT'S IN CRITERIA B AND
24:56CRITERIA C, THAT THE EXPANSION
25:01WILL NOT RESULT IN AN INCREASE
25:04IN THE TOTAL CAPACITY OF THE
25:06HUB, EXCEPT FOR THE 5%
25:11ALLOWANCE FOR AVIATION FUEL.
25:14AND SO ESSENTIALLY THAT THIS
25:18OPERATES AS A AS AS THE THE
25:21TRANSFER BETWEEN TERMINALS. SO
25:23AS THE TERMINALS CHANGE. THEY
25:27CAN GO THROUGH THIS PROCESS TO
25:29MOVE THAT CAPACITY BETWEEN
25:31SITES. YOU KNOW, AND THAT'S HOW
25:36THEY WOULD SHOW THAT THEY MEET
25:38CRITERIA. C D AGAIN IS, YOU
25:42KNOW, SHOW US THAT YOU ARE, YOU
25:45KNOW, UP TO DATE AND, AND
25:48COMPLIANT WITH YOUR RMI P FROM
25:52DICK CRITERIA. E IS, YOU KNOW,
25:57AGAIN, THAT ANY NEW TANK
25:58CAPACITY IS BUILT TO RISK
26:00CATEGORY FOUR CRITERION F IS
26:04SAME FOR THE TRANSLOADING
26:06FACILITIES ARE BUILT TO THAT
26:08HIGHER SEISMIC STANDARD.
26:12CRITERION G IS AGAIN ANY NEW
26:16TANK EXPANDED TANK HAS TO BE
26:19SET BACK AT LEAST 250FT FROM
26:21THE RIVER, AND THEN H IS AGAIN,
26:27THAT WE'RE ADDRESSING PUBLIC
26:29HEALTH AND ENVIRONMENTAL RISKS
26:31AND MINIMIZING ANY INCREASE TO
26:34THE EXTENT PRACTICABLE. I AGAIN
26:39SIMILARLY ADDRESSES PUBLIC
26:41HEALTH AND SAFETY, ESPECIALLY
26:43FROM A WILDFIRE. ASSOCIATED
26:47WITH THAT NEW TANK. AND THEN
26:50FINALLY, J IS THAT, YOU KNOW,
26:53YOU HAVE A BALANCING TEST,
26:55ESSENTIALLY THAT SAYS THE
26:58EXPANDED CAPACITY, ANY NEED FOR
27:03THAT CAPACITY OUTWEIGHS THE THE
27:05ADDED RISKS TO THE LOCAL
27:07COMMUNITY AND ENVIRONMENT.
27:09>> I'M JUST GOING TO PAUSE
27:11THERE FOR A SECOND AND JUST AN
27:13EMPHASIS ON APPROVAL CRITERIA.
27:15A HERE AND JUST FOR FOLKS WHO
27:17ARE NOT PART OF THE
27:19CONVERSATIONS THAT WE HAVE WITH
27:20THESE ADVOCATES AND THE AND THE
27:22CITY STAFF IS THAT'S AN AREA
27:23WHERE WE SPENT A LOT OF TIME
27:25GETTING THE LANGUAGE RIGHT. AND
27:28WE WANTED TO MAKE SURE THAT
27:30BECAUSE THIS IS A PERMITTING
27:32PROCESS, THAT WHEN WE ARE
27:33TALKING ABOUT DEMONSTRATING THE
27:35NEED, THAT THERE IS LANGUAGE
27:36THAT SAYS, THIS IS A CURRENT
27:38NEEDS ANALYSIS, THAT IS
27:39DOCUMENTING THAT NEED, THAT
27:40THAT REALLY DOES DEMONSTRATE
27:41THAT THERE, THERE IS THAT NEED
27:43AND THAT THERE'S NO SUITABLE
27:45OTHER LOCATION FOR IT. AND SO I
27:46THINK I DON'T WANT TO LOSE THAT.
27:48THAT'S A PRETTY BINDING
27:51CONSTRAINT THAT I THINK THE
27:53CITY OF PORTLAND WILL, WILL
27:54HOLD ITSELF TO, OR I THINK
27:56THAT'S WHAT WE WE STRIVE
27:57TOWARDS. AND THAT'S WHY THE
27:59REST OF IT SORT OF FOLLOWS
28:00AFTER THAT. AND THAT'S. WOULD
28:02YOU AGREE WITH THAT
28:03CHARACTERIZATION, TOM?
28:04>> YES.
28:05>> YEAH. THANK YOU.
28:09>> THEN JUST 11 YOU KNOW, THIS
28:14REALLY SPEAKS AGAIN, TO SOME OF
28:15THE PUBLIC TESTIMONY THAT WE
28:17HEARD. THIS GOES INTO THE
28:19ORDINANCE ITSELF, AND IT'S JUST
28:23A DIRECTIVE TO THE CITY
28:25ADMINISTRATION TO BRING BACK A
28:26WORK PROGRAM TO FIGURE OUT HOW
28:29WE'RE GOING TO LIMIT THE
28:31STORAGE OF NON-FUEL HAZARDOUS
28:34MATERIALS. SO RIGHT NOW, THESE
28:36LIMITS COVER ABOUT 80% OF THE
28:38STORAGE CAPACITY IN THE HUB
28:40ITSELF. BUT WE HAVE OTHER
28:43MATERIALS LIKE ASPHALT THAT
28:44MAKE UP THE OTHER 20% OF
28:49STORAGE THAT'S OUT THERE.
28:51>> THANK YOU. AND I JUST WANT
28:53TO HOP IN AGAIN TO CLARIFY ON
28:54THAT, THAT THERE WAS A STRONG
28:57DESIRE TO DEFINE FUEL MORE
28:59BEYOND FUEL, INSIDE OF THE
29:02LANGUAGE ITSELF. AND WHAT WE
29:04WERE ADVISED ON WAS THAT DOING
29:09SO WOULD INVITE THE POTENTIAL
29:11TO SORT OF SLOW THE PROCESS
29:12DOWN AND NEED TO ADD MORE
29:14EVIDENCE IN THE RECORD. AND WE
29:17DECIDED IF WE PUT A DIRECTIVE
29:19WHICH IS, YOU KNOW, WHICH IS
29:20STRONGER THAN A RESOLUTION,
29:21IT'S IT'S A COUNCIL DIRECTIVE,
29:23THE CITY MUST ACT. IF WE ADOPT
29:24THIS DIRECTIVE, THEN THE CITY
29:25NOW HAS A HAS A MANDATE TO GO
29:28OUT AND ENGAGE IN THAT
29:29DEFINITION PROCESS. THEN WE
29:32AVOID THAT DELAY AND WE COME
29:34BACK AND MEET THE THE GOAL OF
29:36THAT EXPANDED DEFINITION. SO WE
29:38CAN ADOPT THAT AT A LATER TIME.
29:42AND THAT'S SO SO I THINK THAT
29:44THERE'S PROBABLY SOME OPEN
29:45QUESTIONS ABOUT WHAT'S FEASIBLE
29:46FROM STAFF ON A GIVEN TIMELINE.
29:49BUT IRRESPECTIVE OF TIMELINE,
29:51DO YOU THINK THAT THIS
29:52DIRECTIVE WOULD PROVIDE ENOUGH
29:53ROOM FOR BTS TO DO THE WORK
29:54THAT IS NEEDED TO BE RESPONSIVE
29:56TO COMMUNITY AND MAINTAIN
29:59COMPLIANCE?
30:00>> I GUESS I CAN SPEAK TO THAT
30:02AGAIN. DIRECTOR ENGSTROM YEAH,
30:05I THINK WE CAN RESPOND GIVEN
30:06THE LANGUAGE CHANGES YOU MADE,
30:08THAT THAT'S A REASONABLE
30:09TIMELINE FOR A WORK PROGRAM
30:10PROPOSAL.
30:12>> OKAY. THANK YOU.
30:16>> OKAY.
30:17>> THAT'S IT FOR THE TITLE 33
30:19AMENDMENT. SO PERFECT. THERE'S
30:20A LOT HERE, GUYS. AND THANKS
30:22FOR THE THE FLYOVER. AND I
30:25GUESS I WOULD ASK FOR YOUR
30:26SUPPORT. WE CAN GET INTO DEBATE.
30:28>> THANK YOU, COUNCILOR GREEN.
30:29THANK YOU, TOM AND TEAM FOR
30:31WALKING US THROUGH THIS. AS I
30:32SAID AT THE VERY BEGINNING, I
30:34WANT TO EXTEND A COURTESY TO
30:35ALL THE CO-SPONSORS OF THIS TO
30:37SEE IF THEY HAVE ANY ADDITIONAL
30:38COMMENTS BEFORE WE ENTER FULL
30:39DISCUSSION. COUNCILOR.
30:40PIRTLE-GUINEY.
30:40>> THANK YOU, COUNCIL PRESIDENT,
30:41I WANT TO REITERATE A PLACE
30:43WHERE COUNCIL GREEN STARTED,
30:44WHICH IS THAT WE ARE NOT
30:45SOLVING ALL OF THE CHALLENGES
30:47WITH THE C, E I HUB, BUT WE ARE
30:49ADDRESSING SAFETY. AND THIS IS
30:52A PLACE WHERE WE KNOW THAT
30:53SAFETY BUMPS UP AGAINST THE
30:55ENTIRE REGION'S ECONOMIC
30:57DRIVERS. AND WE WORKED VERY
31:00HARD IN THIS PROPOSAL TO FIGURE
31:02OUT HOW WE FIND THAT PLACE
31:05WHERE WE PUSH ON SAFETY AS MUCH
31:07AS WE CAN WITHOUT COMPROMISING
31:11OUR LAND USE FRAMEWORK THAT WE
31:13WORK WITHIN HERE AND OUR
31:15ECONOMIC NEEDS. AND WHAT YOU
31:17HAVE BEFORE YOU SETS UP, I
31:19BELIEVE, A NUMBER OF NEXT STEPS,
31:21WHILE ALSO TRYING TO FIND THAT
31:23PLACE WHERE WE CAN KEEP OUR
31:25COMMUNITIES AS SAFE AS POSSIBLE
31:28AND ALSO KEEP OUR REGION
31:30HUMMING ALL WITHIN THE THE
31:33BOUNDS OF OUR LAND USE SYSTEM.
31:34SO I LOOK FORWARD TO THE
31:36DISCUSSION, THE QUESTIONS, THE
31:37DEBATE ON THIS, AND WANTED TO
31:40MAKE SURE WE HAD THAT FRAME AS
31:42WE BEGIN. THANK YOU, COUNCIL
31:43PRESIDENT.
31:43>> THANK YOU, COUNCILOR
31:44PIRTLE-GUINEY COUNCILOR KANAL.
31:45>> I'LL SAVE MY COMMENTS FOR
31:47THE FULL DISCUSSION.
31:48>> OKAY. VICE PRESIDENT CLARK.
31:49>> THANK YOU, COUNCIL PRESIDENT.
31:51I JUST FIRST OF ALL WANT TO
31:53THANK THE PLANNING COMMISSION,
31:54WHEREVER YOU ARE, FOR ALL OF
31:56THEIR WORK. THANK OUR ALL MY
31:59COLLEAGUES, THANK THE PEOPLE
32:00FROM THE BUREAU, ESPECIALLY TOM,
32:01FOR ALL THE WORK THAT YOU'VE
32:03PUT INTO THIS. I THINK IT'S A
32:05VERY REASONABLE PACKAGE. I
32:06THINK I THINK THE ADVOCATES FOR
32:07ALWAYS BEING AT THE TABLE AND
32:09PUSHING ON THIS. I REALLY
32:10APPRECIATE IT. IT'S VERY LONG
32:11AWAITED. I THINK WE WAITED
32:13YEARS FOR THIS PACKAGE. I AM
32:16GOING TO MAKE ONE CAVEAT. AND
32:18THEN I DO HAVE A QUESTION,
32:19SINCE I HAVEN'T BEEN AS
32:21INTIMATELY INVOLVED IN ALL THE
32:23NEGOTIATIONS, I HAVE AN EASY
32:24QUESTION, BUT I ALSO WANT TO
32:26JUST SAY THAT WE'RE WE'RE
32:29REALLY PUSHING THE ENVELOPE
32:30HERE AS FAR AS THE STATE GOES.
32:32AND I'M. I'M AFRAID THAT IF WE
32:35GO MUCH FURTHER, THAT THE STATE
32:38WILL BE TEMPTED TO PREEMPT US,
32:41PREEMPT THESE POLICIES JUST AS
32:43A CAUTION, WE SHOULD BE AWARE
32:44OF THAT, THAT THERE'S A CERTAIN
32:46KIND OF FEAR AROUND THE STATE
32:49THAT WE ARE SOMEHOW GOING TO
32:51DISADVANTAGE THE ECONOMY,
32:53DISADVANTAGE OTHER COMMUNITIES
32:54AROUND THE STATE, AND JUST BE
32:55AWARE OF THAT, THAT THERE WILL
32:56PROBABLY BE AN EFFORT IN SALEM
32:59TO PREEMPT SOME OF THE THINGS
33:00THAT WE'RE DOING HERE, BUT I
33:01THINK WE'RE DOING A REALLY GOOD
33:04JOB. I DO HAVE A QUESTION,
33:05THOUGH, ON, LET'S SEE, HOW DO I
33:09DESCRIBE THIS UNDER FUEL
33:12STORAGE TANK AND TRANS LOADING
33:13CAPACITY EXPANSION REVIEW UNDER
33:17G, NEW STORAGE TANK CAPACITY IS
33:19SET BACK AT LEAST 250FT FROM
33:21THE TOP BANK OF THE WILLAMETTE
33:22RIVER. WHY DID WE NOT INCLUDE
33:25ON NON LIQUEFACTION SOILS IN
33:29THERE? IS THAT WAS THAT
33:31DISCUSSED?
33:35>> I WILL SAY THE WHOLE AREA
33:38HAS SOME IS IN THAT HIGH
33:40LIQUEFACTION RISK. BUT WHEN YOU
33:42LOOK AT THE. SOME OF THE DRAFT
33:47SEISMIC VULNERABILITY
33:49ASSESSMENTS THAT THE TERMINALS.
33:50YOU SEE A RANGE OF, I GUESS,
33:54RISK OF DISPLACEMENT. AND THE
33:57FURTHER YOU GET AWAY FROM THE
33:59RIVER, THE. THE LOWER THAT RISK
34:01THE THE LOWER THE AMOUNT OF
34:03DISPLACEMENT BECOMES. SO THINK,
34:06YOU KNOW, 10 TO 12FT OF
34:08DISPLACEMENT CLOSE TO THE RIVER,
34:10DOWN TO LESS THAN A FOOT AWAY
34:12FROM THE RIVER. AND SO WE WERE,
34:15WE WERE LOOKING AT THOSE SORT
34:17OF MAPS AND JUST SAYING, OKAY,
34:20FOR, FOR NEW EXPANDED TANKS,
34:23MOVE IT AWAY FROM THE, THE
34:25RIVER TO A SAFER LOCATION. BUT
34:28THERE IS NO SORT OF NO
34:30LIQUEFACTION HAZARD AREAS IN ON
34:33THESE TERMINALS.
34:33>> NO LINE OF DEMARCATION, JUST
34:35THIS IS YOUR BEST GUESS. IT'S
34:38250FT IS.
34:39>> IT GETS US. IT'S SAFER. IT'S
34:41NOT FOR IT'S NOT SAFEST OR SAFE.
34:44OKAY. IT'S SAFER.
34:46>> OKAY. I APPRECIATE THAT THAT
34:47I THINK THAT ANSWERS MY
34:48QUESTION. THANK YOU.
34:49>> OKAY. THANK YOU, VICE
34:50PRESIDENT CLARK COUNCILOR
34:52KOYAMA LANE, ANY OPENING
34:53REMARKS FOR YOU? OKAY, GREAT.
34:55SO, COLLEAGUES, WE ARE NOW IN
34:57DISCUSSION OF THIS AMENDMENT,
34:59WHICH WAS MOVED BY COUNCILOR
35:00GREEN AND SECONDED BY VICE
35:02PRESIDENT CLARK COUNCILOR
35:02NOVICK.
35:04>> THANK YOU, MR. PRESIDENT. SO
35:07I HAVE A QUESTION WHICH MAYBE
35:09IS PARTLY GUIDED BY MY NOT
35:11KNOWING EXACTLY HOW ARDUOUS A
35:14TYPE THREE PROCEDURE IS ON
35:17REPLACING TANKS. IT SEEMS TO ME
35:18THAT IF THEY'RE GOING TO
35:20REPLACE A BAD TANK WITH A GOOD
35:21TANK, WE WANT THEM TO DO THAT
35:23AS QUICKLY AS POSSIBLE. SO IF
35:25THEY'RE GOING TO REPLACE AN OLD
35:26TANK WITH A RISK CATEGORY FOR A
35:28RESILIENT TANK. SO I'M JUST
35:30WONDERING, IS THERE ANY
35:31ARGUMENT FOR AUTHORIZING A
35:34SPEEDED UP PROCEDURE THAT'S
35:35DIFFERENT FROM TITLE THREE? OR
35:36IS TITLE THREE IS SPEEDED UP AS
35:38IT'S REASONABLE TO GO FOR A
35:40TYPE THREE? SORRY.
35:41>> THE THE TYPE THREE PROCESS
35:47IS IS ARDUOUS, RIGHT? SO
35:49THEY'RE GOING TO GO THROUGH THE
35:52NEIGHBORHOOD CONTACT. THEY'RE
35:52GOING TO APPLY. THEY'LL BE
35:54PUBLIC NOTICE AS PART OF THE
35:56APPLICATION AN OPPORTUNITY FOR
35:58COMMENT. THERE'LL BE A HEARING
36:00BEFORE A HEARINGS. OFFICER.
36:01IT'S APPEALABLE TO COUNCIL. A
36:04LOT OF THESE CRITERIA ARE, YOU
36:06KNOW, EITHER YOU MEET IT OR NOT.
36:09RIGHT. AND, YOU KNOW, I THINK
36:12WE'VE HEARD FROM OUR COLLEAGUES
36:14AT PAD THAT THAT YOU COULD
36:16ACTUALLY HAVE A LOWER TYPE OF
36:19REVIEW PROCESS FOR THIS, A TYPE
36:21TWO THAT STILL INCLUDES PUBLIC
36:24NOTICE AND AN OPPORTUNITY FOR
36:25PUBLIC COMMENT, BUT IT WOULDN'T
36:27GO TO THE HEARINGS. OFFICER. AN
36:29APPEAL WOULD NOT COME TO
36:30COUNCIL. IT WOULD GO TO LUBA.
36:33BUT AND THAT WOULD BE A
36:35SLIGHTLY SHORTER PROCESS TO GO
36:37THROUGH TO DO THESE REPLACEMENT
36:40TANKS.
36:41>> I MEAN, GIVEN THAT, I MEAN,
36:43IT SEEMS TO ME AGAIN, THAT IF
36:45THEY REALLY ARE GOING TO
36:46REPLACE AN OLD TANK THAT MIGHT
36:48EXPLODE WITH A NEW ONE, THAT
36:49WON'T, I DON'T KNOW WHY WE
36:51WOULDN'T WANT TO SPEED UP THAT
36:52PROCESS AS MUCH AS POSSIBLE.
36:54AND I'M CURIOUS FOR THE
36:56SPONSORS WHAT THEIR REACTION IS
36:58TO THAT.
37:02>> YEAH, THIS WAS A STRONG
37:04PREFERENCE OF THE COMMUNITY
37:05ADVOCATES WHO IN A WORLD WHERE
37:08THERE'S UNCERTAINTY AROUND
37:10DEMONSTRATING NEED, AND THERE'S
37:12A LOT OF SORT OF HERE'S MY
37:15FORECAST, HERE'S MY METHODOLOGY,
37:18COME WITH A BETTER CHALLENGE.
37:19THAT'S THE SORT OF THAT'S THE
37:22BASELINE. I THINK WHAT THEY
37:25WANTED TO SEE WAS THE MOST
37:26ROBUST PROCESS AS POSSIBLE. SO
37:28THAT WAY I AND I GET YOUR POINT
37:31ABOUT, YOU KNOW, WHY WOULDN'T
37:32WE WANT TO MAKE IT EASIER TO
37:34TRADE FROM A, A NON-SAFE TANK
37:36TO A SAFER TANK FOR THESE
37:40ADVOCATES TO FEEL MOST
37:41COMFORTABLE WITH A WORLD IN
37:42WHICH YOU CAN EVEN HAVE SOME
37:43EXPANSION IN THE ONGOING
37:44EXISTENCE OF THIS. THIS WAS
37:46WHAT THEY FELT LIKE WAS THEIR
37:47COMPROMISE POSITION. AND, AND I,
37:51AND I WAS WILLING TO SORT OF
37:52FIGHT FOR THAT. AND, YOU KNOW,
37:54I'LL JUST NOTE THAT I THINK
37:56IT'S PROBABLY IN THE BEST
37:57INTEREST OF THE COMPANIES TO,
37:59TO GET THE SAFER TANK ANYWAY.
38:00SO THEY'VE GOT A STRONG, YOU
38:01KNOW, BALANCE SHEET INCENTIVE
38:02ANYWAY.
38:04>> AND I JUST HAVE TO SAY, I, I
38:07DON'T QUITE GET IT BECAUSE IF I
38:10WERE LIVING NEAR THE CIA HUB,
38:13I'D WANT THEM TO REPLACE THE
38:14BAD TANKS WITH GOOD TANKS AS
38:16QUICKLY AS POSSIBLE. SO GIVEN
38:17THAT THIS REQUIRES THAT THE
38:19TOTAL STORAGE CAPACITY IS NOT
38:21MORE THAN OF THE NEW TANK IS
38:22NOT MORE THAN THE STORAGE
38:24CAPACITY OF THE TANKS BEING
38:25REPLACED, IT REQUIRES THAT IT'S
38:26BUILT TO RISK CATEGORY FOR
38:28SEISMIC RESILIENCE STANDARDS. I
38:30JUST DON'T SEE LOGICALLY WHY WE
38:32WOULDN'T HAVE TO WANT TO HAVE A
38:34SPEEDIER PROCESS FOR THAT.
38:37>> I MEAN, ONE VERY SPECIFIC
38:41REASON CAME UP IN THE DEPTHS OF
38:43THE CONVERSATION WHERE WE WERE
38:44ARGUING ABOUT SOMETHING ELSE.
38:45IT WAS ABOUT THE DRAWDOWN
38:47CRITERIA. IT WAS ABOUT WHETHER
38:48TANK CAPACITY OR AVERAGE LEVELS
38:50WAS WAS THE RIGHT APPROACH. ONE
38:54OF THE ADVOCATES SAID, THIS IS
38:56LARGELY WHY WE WANT THE TYPE
38:57THREE REVIEW, SO WE CAN HAVE AS
38:59MUCH INFORMATION AS POSSIBLE TO
39:00LEARN AS MUCH AS POSSIBLE ABOUT
39:02THESE TANKS, WHAT IS THEIR
39:03VOLUME AND THE LIKE. AND SO
39:05THIS WAS JUST REALLY IMPORTANT
39:07FOR THESE COMMUNITY MEMBERS TO
39:09KNOW EVERYTHING THAT THEY NEED
39:12TO KNOW ABOUT, ABOUT THE
39:14THREATS THAT THEY FACE.
39:16>> BUT DID YOU ASK THE
39:17COMMUNITY MEMBERS IF THEY
39:20THOUGHT THAT IT WOULD, IF THEY
39:21THOUGHT THAT IT'S A GOOD IDEA
39:22TO GET THE BAD TANKS REPLACED
39:24WITH TANKS AS QUICKLY AS
39:25POSSIBLE?
39:25>> I THINK THERE'S A GENERAL
39:27RECOGNITION THAT THAT'S
39:28DESIRABLE, BUT THERE'S A
39:29BALANCE OF RISKS HERE. AND SO
39:30WEIGHING THOSE RISKS, THEY WANT
39:32THE MOST ROBUST PROCESSES
39:34POSSIBLE. AND AND THERE'S NO
39:38SINGLE ONE ONE RISK HERE.
39:41>> BUT WHAT'S THE RISK OF
39:43REPLACING A BAD TANK WITH A
39:44GOOD TANK.
39:45>> THE RISK WAS THAT IF IT'S
39:47NOT A TYPE THREE PROCESS, THEN
39:49WE WOULD BE POTENTIALLY
39:52SHORTCHANGED ON THE ABILITY TO
39:53ENGAGE ON THE DATA DISCOVERY
39:55PROCESS AND THE REVIEW PROCESS.
39:56SO, YOU KNOW, THERE'S TRUST
39:59ISSUES HERE WITH THESE
40:01COMPANIES. AND IF YOU'VE BEEN
40:02DEALING WITH THE TRUST ISSUE
40:03FOR DECADES, THEN YOU'RE
40:05WILLING TO SORT OF SAY, LOOK,
40:07I'M GOING TO TAKE A LITTLE BIT
40:08LONGER ON THIS REPLACEMENT IF
40:10IT MEANS I'VE GOT THE MOST
40:11PROTECTION I HAVE FROM A
40:13COMMUNITY INVOLVEMENT
40:14STANDPOINT. SO I CAN'T OFFER
40:16YOU ANY MORE THAN THAT. BUT
40:17THAT'S, THAT'S, THAT WAS THE
40:19DISCUSSION THAT WE HAD.
40:22>> ANY OTHER SPONSORS? ANY
40:23OTHER COMMENTS?
40:26>> COUNCIL PRESIDENT, IF I MAY?
40:27ABSOLUTELY.
40:28>> I'LL NOTE TWO THINGS. THE
40:30FIRST IS THAT WHEN YOU TALK
40:31ABOUT TANK SAFETY, WHETHER
40:32THAT'S REPLACING A BAD TANK
40:33WITH A GOOD TANK OR A LESS
40:36RISKY TANK, OR. SURROUNDING THE
40:41TANK WITH A CATCHMENT AREA,
40:43WHATEVER THE UPGRADE IS THERE,
40:46THOSE THINGS ARE GOING TO BE
40:48MOVING FORWARD BECAUSE OF DEQ
40:50REGULATION AT THE STATE LEVEL
40:53REGARDLESS. SO I THINK WE ARE
40:54GOING TO SEE THE INCENTIVE
40:56THERE FOR COMPANIES TO MAKE
40:58THOSE UPGRADES. NO MATTER WHAT
41:00OUR PROCESS IS, WHETHER IT IS
41:02MORE ROBUST OR LESS ROBUST,
41:04THERE WAS A STRONG DESIRE TO
41:07HAVE CONSISTENCY IN THE PROCESS,
41:10AND WE SOMETIMES, AS POLICY
41:12MAKERS, CAN FURTHER ENGINEER
41:16THINGS TO CREATE PROCESSES THAT
41:18ALLOW FOR ALL OF THE NUANCE
41:20NEEDED IN EACH PIECE OF IT, AND
41:23FOR COMMUNITY MEMBERS WHO ARE
41:26TRYING TO ENGAGE IN THAT
41:28PROCESS. THERE ARE SOMETIMES
41:30ADDITIONAL BARRIERS WHEN
41:31THERE'S NOT CONSISTENCY. SO
41:33THERE WAS A MOVE WITH THE
41:35AMENDMENTS GENERALLY, AND I'M
41:37SPEAKING GENERALLY NOT JUST TO
41:39THIS PIECE, TO TRY TO HAVE MORE
41:42CONSISTENCY IN THE PROCESS SO
41:44THAT PORTLANDERS COULD ENGAGE
41:46MORE READILY. THAT, COMBINED
41:49WITH THE FACT THAT BECAUSE WE
41:51ARE PARALLELING IN TIMELINE
41:53HERE, A PROCESS THAT IS GOING
41:56TO REQUIRE SOME UPGRADES, FELT
41:58TO ME LIKE IT MITIGATED THE
42:00RISK THAT YOU'RE TALKING ABOUT.
42:01I THINK IT'S A VERY REASONABLE
42:03CONCERN TO BRING UP. IT IS
42:04CERTAINLY PART OF WHAT WE NEED
42:06TO WEIGH HERE, BUT THAT THAT
42:08DEQ MANDATE HELPED, FOR ME AT
42:11LEAST, TO TO MAKE ME FEEL LIKE
42:13THE BALANCE WAS CAPTURED
42:15APPROPRIATELY.
42:16>> BUT MY WORRY IS THAT THIS
42:18WILL SLOW DOWN, COMPLYING WITH
42:20THE DEQ MANDATE, THAT THE DEQ
42:22WILL SAY, WE EXPECT YOU TO GET
42:23THIS DONE BY 2038. AND THE
42:25COMPANIES SAY, WELL, WE HAVE TO
42:26GO THROUGH THIS TYPE THREE
42:27REVIEW FIRST. WE'RE NOT GOING
42:29TO GET IT UNTIL 2041. I MEAN,
42:31HOW MUCH TIME DOES A TYPE THREE
42:33VERSUS A TYPE THREE REVIEW ADD?
42:38>> YEAH.
42:40>> SO THE CITY IS STILL UNDER
42:44THE STATE 120 DAY REQUIREMENT
42:48TO ISSUE A DECISION BY THEN. SO
42:53IN THEORY IT'S A FOUR MONTH
42:54PROCESS AT MAXIMUM. IT'S A FOUR
42:56MONTH PROCESS. UNLESS THE
42:59APPLICANT WAVES THAT 120 DAY.
43:02AND THEN IT ALL DEPENDS ON, YOU
43:04KNOW, WHAT HAPPENS, HOW MUCH
43:07ARGUMENT THERE IS AT THE
43:08HEARINGS OFFICER AND WHETHER
43:09SOMEBODY APPEALS THAT TO
43:11COUNCIL.
43:13>> SO I'D ALSO SAY JUST THE
43:14SORRY, FOR THE RECORD, PATRICIA
43:16DIEFENDERFER JUST, YOU KNOW,
43:18EXPENSE ASSOCIATED WITH THAT
43:21APPLICATION, THE FEE AS WELL AS
43:22THE TIME. JUST THROW THAT IN.
43:25>> SO IS FOUR MONTHS THE
43:27MAXIMUM OR IS IT A MINIMUM?
43:29>> IT'S THE MAXIMUM UNLESS
43:32BECAUSE OF THE BACK AND FORTH
43:33THE TERMINALS WAIVE THAT 120
43:36DAY REQUIREMENT.
43:37>> AND AND IF THERE'S AN APPEAL
43:39THEN THAT COULD EXTEND THAT
43:41TIMELINE. RIGHT.
43:42>> NO. THE COUNCIL THE APPEAL
43:44HAS TO BE RESOLVED WITHIN 120
43:46DAYS.
43:48>> OKAY. I MEAN, I JUST. IT
43:54WOULD BE A PITY IF THE
43:55EARTHQUAKE HIT WITHIN IN THE IN
43:57THE COURSE OF THAT 120 DAY
43:58PERIOD, AND THERE WAS A BAD
43:59TANK INSTEAD OF A GOOD TANK
44:01THAT SPILLED A BUNCH OF OIL AS
44:03MY TAKE.
44:04>> THANK YOU. COUNCILOR. NOVICK.
44:06COUNCILOR KANAL.
44:08>> THANK YOU. I'M NOT REALLY
44:09SURE WHAT A GOOD TANK IS.
44:12THANKS.
44:13>> THANK YOU. COUNCILOR KANAL.
44:14COUNCILOR. KOYAMA LANE.
44:16>> I JUST WANT TO UNDERSCORE
44:17THAT, YOU KNOW, THE CEI HUB IS
44:20AN ISSUE THAT IMPACTS ALL
44:22PORTLANDERS AND ALL FOUR
44:23DISTRICTS, ALL OF OUR DISTRICTS,
44:25AND THAT IT'S REALLY IMPORTANT
44:27THAT WE'RE SHOWING THAT ELECTED
44:29OFFICIALS, THAT WE'RE WILLING
44:30TO GOVERN IN A WAY THAT'S
44:31REALLY GOING TO PROTECT
44:33PORTLANDERS AND THE ENVIRONMENT,
44:35AND JUST ALSO WANT TO
44:36UNDERSCORE THE IMPORTANCE OF
44:37LISTENING TO THE ADVOCATES AND
44:39COMMUNITY MEMBERS AND
44:40SCIENTISTS THAT HAVE BEEN
44:42FOCUSED ON THIS AND WORKING ON
44:44THIS FOR MANY, MANY YEARS. AND
44:47I AM YEAH, IT'S REALLY
44:48IMPORTANT THAT WE'RE WEIGHING
44:49THE SAFETY, THEIR SAFETY AND
44:51CONCERNS AS WE'RE ALSO WEIGHING
44:54OTHER OTHER THINGS THAT COME UP
44:56TO.
44:57>> THANK YOU. COUNCILOR KOYAMA
44:58LANE VICE PRESIDENT CLARK.
45:00>> THANK YOU, COUNCIL PRESIDENT,
45:02I JUST WANT TO MAKE SOME
45:03GENERAL REMARKS ABOUT THIS,
45:04BECAUSE I THINK THIS IS A
45:05REALLY IMPORTANT MOMENT IN
45:07HISTORY AND THE HISTORY OF
45:09LYNTON AND THE HISTORY OF THE
45:11TANKS, THE HISTORY OF OUR STATE.
45:13I JUST READ SARAH TAYLOR'S BOOK.
45:15I DON'T KNOW IF SARAH IS HERE
45:16TODAY, BUT SHE WROTE A BOOK
45:20THAT INCLUDES SOME OF THE
45:21HISTORY OF THE TANKS AND THE
45:23HISTORY OF LYNTON. AND IT WAS
45:26REALLY BECAUSE OF TANK THAT WAS,
45:28I BELIEVE, IN THIS INSIDE THE
45:29CITY OF PORTLAND, CLOSER TO THE
45:31DOWNTOWN THAT EXPLODED, THAT
45:33ACTUALLY KILLED OUR FIRE CHIEF,
45:35DAVE CAMPBELL, WHICH, YOU KNOW,
45:37THERE'S NOW A MEMORIAL TO
45:39FALLEN FIREFIGHTERS ON BURNSIDE.
45:41THAT'S THE DAVID CAMPBELL
45:42MEMORIAL. I THOUGHT THAT WAS
45:44FASCINATING. AND THAT WAS WHAT
45:45LED TO THE ISSUE OF EMINENT
45:48DOMAIN IN LYNTON AND REALLY
45:51MAKING LYNTON THE SACRIFICE
45:52ZONE FOR THE REST OF THE CITY
45:54AND THE REST OF THE STATE. I
45:56JUST THOUGHT THAT HISTORY WAS
45:58REALLY COMPELLING. AND HERE WE
46:01ARE TODAY. WE CAN'T REVERSE
46:02THAT HISTORY, BUT I THINK WE'RE
46:04DOING THE BEST THAT WE CAN.
46:06IT'S TAKEN THIS LONG TO GET TO
46:07THIS POINT OF TRYING TO DEAL
46:10WITH THE TANKS AND ENHANCE THE
46:12SAFETY FOR EVERYBODY WHO LIVES
46:13IN LYNTON, WHO LIVES IN THE
46:14CITY, WHO LIVES IN THE STATE TO
46:17MITIGATE THE IMPACTS. I JUST
46:18WANTED TO NOTE THAT THAT
46:20HISTORY OF HOW WE GOT HERE AND
46:22WHAT THIS IS REALLY A TURNING
46:23POINT, I HOPE, FOR ALL OF US.
46:26SO THANK YOU FOR EVERYONE WHO
46:27HAS WORKED ON THIS.
46:29>> THANK YOU. VICE PRESIDENT
46:30CLARK COUNCILOR SMITH.
46:33>> THANK YOU. THANK YOU,
46:36COUNCIL PRESIDENT. THANK YOU
46:37ALL FOR COMING. JUST THINKING
46:39ABOUT THIS, THE BUILDING
46:42RETROFITS, THEY REDUCE PHYSICAL
46:45VULNERABILITY BUT DO NOT FULLY
46:47ELIMINATE THE LIQUIFICATION
46:49RISK. IS THE CITY EXPLORING
46:51LOCAL FINANCIAL RESPONSIBILITY
46:54OR BONDING MECHANISMS TO SHIELD
46:56TAXPAYERS FROM CLEANUP COSTS?
46:58IF AN EARTHQUAKE STRIKES BEFORE
47:00THE RETROFIT FINISHES?
47:04>> THE STATE IS ADDRESSING THAT.
47:07THERE WAS LEGISLATION THAT
47:09PASSED LAST SPRING, AND THAT
47:13DIC IS CURRENTLY GOING THROUGH
47:15THE RULEMAKING PROCESS, AND
47:17THAT THAT ADDED FINANCIAL
47:21RESPONSIBILITY WILL BE ON THE
47:22TERMINALS IN THE SPRING OF 2027.
47:25>> OKAY. THANK YOU.
47:29>> THANK YOU, COUNCILOR SMITH.
47:30THANK YOU, COUNCILOR SMITH.
47:31COUNCILOR KANAL.
47:32>> YEAH.
47:33>> NOT TRYING TO BE GLIB ABOUT
47:34IT EARLIER. I THINK I REALLY
47:37WANTED TO TOUCH BACK ON WHAT
47:38COUNCILOR GREEN WAS TALKING
47:39ABOUT WITH TRUST. YOU KNOW, I
47:42THINK THERE IS A QUESTION ABOUT
47:44WHICH TYPE OF PUBLIC PROCESS IS
47:47MORE OF A PUBLIC PROCESS. AND
47:52THAT'S THE, I THINK THE, THE
47:54TIME SPENT OR THAT MAY BE SPENT
47:57HAS A TRADE OFF, RIGHT? THE
47:58THAT TIME SPENT MIGHT BE A
48:00NEGATIVE, BUT THE POSITIVE
48:01ASSOCIATED WITH THAT IS, IS A
48:02MORE PUBLIC PROCESS. AND I
48:05THINK ONE OF THE GREAT THINGS
48:07ABOUT OUR FORM OF GOVERNMENT IS
48:08THE ABILITY TO HAVE THAT THAT
48:10TRUST BE BUILT THROUGH
48:12PROCESSES THAT THAT WE GOT TO
48:15THESE AMENDMENTS THROUGH BY
48:16ACTUALLY LISTENING TO ADVOCATES
48:17AND AND DOING WHAT THEY WOULD
48:19LIKE. I HAVE A QUESTION FOR TOM.
48:22MY UNDERSTANDING IS THAT THE UP
48:25TO 5% STORAGE TANK CAPACITY
48:27EXPANSION LIMIT FOR AVIATION
48:29FUEL WOULD ALLOW FOR EXPANDED
48:32CAPACITY EXCLUSIVELY FOR THE
48:33STORAGE OF AVIATION FUEL, SO
48:35THAT THAT EXPANDED STORAGE
48:37CAPACITY COULD NOT THEN BE USED
48:39FOR OTHER TYPES OF FUEL. IS
48:41THAT CORRECT?
48:42>> CORRECT.
48:43>> OKAY. GREAT. THANKS.
48:46>> THANK YOU, COUNCILOR KANAL
48:47COUNCILOR NOVICK.
48:48>> THANK YOU, MR. PRESIDENT. SO
48:50THERE'S A OBVIOUS QUESTION I'D
48:52LIKE TO ASK, WHICH MY STAFF
48:53READ. ZACH WARD POINTED OUT. I
48:55SHOULD ASK, WHICH IS THE DEQ
48:58RULES ALLOW FOR EITHER
49:01REPLACING A OLD TANK WITH A
49:03RISK CATEGORY FOR SEISMICALLY
49:06STANDARD TANK, OR DOING A
49:09CONTAINMENT POOL AROUND THE
49:10TANK. AND IT WAS MY
49:11UNDERSTANDING THAT THE
49:13ADVOCATES WOULD MUCH RATHER
49:14HAVE THE NEW TANKS THAN THE
49:16CONTAINMENT POOL. AND I'M
49:18WONDERING, IS IT POSSIBLE THAT
49:20THE REQUIREMENT OF A TYPE THREE
49:21REVIEW, AS OPPOSED TO SOMETHING
49:23QUICKER, MIGHT PUSH THE
49:25COMPANIES TO DECIDE TO GO WITH
49:27THE CONTAINMENT POOL, AS
49:28OPPOSED TO BUILDING A NEW TANK,
49:30WHICH PUTS THEM INTO THIS, YOU
49:31KNOW, THIS REVIEW PROCESS.
49:38>> WE DON'T HAVE ANY TESTIMONY
49:41IN THE RECORD THAT SPEAKS TO
49:43THAT CONCERN BY THE TERMINALS.
49:46SO I WOULD JUST BE SPECULATING
49:48AS TO HOW THEY WOULD INTERPRET
49:50THAT.
49:53>> THANK YOU. I DO THINK THAT
49:55THAT'S WORTH US THINKING ABOUT
49:57JUST LOGICALLY, IF YOU HAVE TO
49:59JUMP THROUGH A BUNCH OF HOOPS
50:02IN ORDER TO DO A REPLACEMENT
50:03TANK, BUT YOU DON'T IN ORDER TO
50:05DO THE CONTAINMENT POOL, I
50:06WOULD THINK THAT THAT MIGHT
50:07TEND TO WEIGHT THE SCALES
50:09TOWARDS DOING THE CONTAINMENT
50:10POOL.
50:11>> THANK YOU. COUNCILOR. NOVICK.
50:13COUNCILOR SMITH.
50:15>> THANK YOU. JUST IN TERMS OF
50:18EMERGENCY PREPAREDNESS AND
50:19COMMUNITY MITIGATION, HOW WILL
50:21REVENUE OR ADMINISTRATIVE FEES
50:23GENERATED BY THE TITLE 33 LAND
50:26USE REVIEW PROCESS DIRECTLY
50:29SUPPORT IMMEDIATE DISASTER
50:30PREPAREDNESS AND EMERGENCY
50:32RESPONSE RESOURCES FOR ADJACENT
50:35COMMUNITIES.
50:38>> FOR THE TITLE 33 DEVELOPMENT
50:40REVIEW PROCESS. IT WON'T. THOSE.
50:43THOSE APPLICATION REVIEW FEES
50:45ARE TO SUPPORT PAD AND THEIR
50:48STAFF. THAT GOES INTO REVIEWING
50:50THE DEVELOPMENT APPLICATION
50:53ITSELF. I THINK THERE IS MORE
50:55OF A DISCUSSION AND OPPORTUNITY
50:57AS PART OF THE TITLE 17, THAT
51:00IF THERE ARE ANY PENALTIES THAT
51:01COME FROM ENFORCEMENT, WHERE
51:05THOSE ARE DESIGNED TO BE
51:07DEDICATED TOWARDS RISK
51:09MITIGATION, BUT IN TITLE.
51:10>> 33 COMMUNITIES AS WELL.
51:13>> YEAH, OKAY. BUT TITLE 33
51:15ITSELF, THOSE FEES ARE
51:19RELATIVELY SMALL COMPARED TO
51:20WHAT'S INVOLVED WITH THE TITLE
51:2317 PENALTIES. AND MAINLY THAT
51:25THAT'S HOW WE FUND P AND D.
51:27>> OKAY. OKAY. THANK YOU FOR
51:29CLARIFYING THAT.
51:31>> THANK YOU, COUNCILOR SMITH.
51:34COLLEAGUES, IS THERE ANY
51:35FURTHER DISCUSSION OF THE GREEN
51:38PIRTLE-GUINEY KANAL CLERK.
51:39KOYAMA LANE TWO AMENDMENT.
51:45COUNCILOR ZIMMERMAN.
51:46>> THANKS. I GUESS I'M I'M JUST
51:49CURIOUS FROM A STAFF
51:50PERSPECTIVE. WHY I'M TRYING TO
51:56GET A SENSE OF, OF WHAT THESE
51:58AMENDMENTS ARE INTRODUCING
52:00COMPARED TO AND MAYBE WHY IT
52:01WASN'T INCLUDED IN THE ORIGINAL
52:03WORK FROM THE ORIGINAL PACKAGE
52:06THAT YOU ALL BROUGHT FORWARD.
52:08AND THIS HAS BEEN BOTH AN
52:10INTERESTING AND A HELPFUL WAY
52:13TO CONVEY SOME OF THESE
52:14AMENDMENTS, BUT IS ALSO A
52:18LITTLE UNUSUAL FROM A
52:19PERSPECTIVE OF WHERE THE BUREAU
52:21IS AT ON AMENDMENTS. I'M TRYING
52:22TO GET THAT SENSE, BECAUSE YOU
52:23DIDN'T INCLUDE IT IN THE
52:25ORIGINAL DOCUMENTATION. SO I
52:27WOULD LOVE AN ASSESSMENT FOR
52:28THAT AND SOME REASONING WHY AND
52:30THOSE THOUGHTS, BECAUSE I WOULD
52:32IMAGINE THERE ARE THINGS THAT
52:33WE GET AND MAYBE SOME THINGS WE
52:35GIVE UP, GIVEN THESE VARIOUS
52:37AMENDMENTS. AND I CAN'T I'M NOT
52:39HEARING A LOT OF.
52:40>> THAT MAYBE START. TOM, I
52:41THINK THIS ROUND OF AMENDMENTS
52:44WAS THE RESULT OF. TESTIMONY
52:48THAT YOU ALL RECEIVED. THAT WAS
52:51A REACTION TO OUR RECOMMENDED
52:53DRAFT. AND SO. IT'S BEEN AN
52:57ITERATIVE PROCESS THAT, YOU
52:59KNOW, SOME OF THE TESTIMONY
53:00THAT CAME IN TO YOU ALL WE
53:02DIDN'T HAVE THE BENEFIT OF. AND
53:04SO IN IN AT LEAST A FEW CASES,
53:06WE LOOKED AT THAT AND SAID, OH,
53:07YEAH, THERE'S THAT MAKES SENSE.
53:08LIKE THE, THIS MOVE TO
53:11CONSOLIDATE THE DIFFERENT
53:12REVIEWS INTO A FEWER NUMBER OF
53:14REVIEWS. IT'S NOT SOMETHING WE
53:15THOUGHT OF, BUT IT CAME IN AS
53:16TESTIMONY. IT GOT TRACTION WITH
53:18YOU ALL AND IT MADE SENSE. SO I
53:21THINK THAT'S THE BROADER
53:22REACTION IS THAT THIS HAS BEEN
53:24AN ITERATIVE PROCESS AND AND
53:27HAS IN TERMS OF THE POLICY
53:30DOCUMENT, IT'S LARGELY BEEN A
53:31QUESTION OF VERB STRENGTH AND
53:34WORDSMITHING TO TO RESPOND TO
53:36COMMUNITY PREFERENCES.
53:39>> I MIGHT ALSO JUST SAY THAT
53:42AS IT RELATES TO THE
53:44REPLACEMENT, THE THE STORAGE
53:45TANK REPLACEMENT REVIEW, THE
53:48REASON THAT WAS NOT INCLUDED AS
53:50ONE OF THE KINDS OF ACTIVITIES
53:52THAT WOULD REQUIRE A
53:55DISCRETIONARY REVIEW, A TYPE
53:56THREE REVIEW IS BECAUSE OF THE
54:00NEED, YOU KNOW, THE DESIRE TO
54:01MAKE SURE THAT WE DON'T CREATE
54:03ANY BARRIERS TO IMPROVING THE
54:06SAFETY OF THOSE TANKS, AND
54:08UNDERSTANDING THAT DEQ HAS, YOU
54:10KNOW, THERE'S GOING TO BE THE
54:12THE MITIGATION PLANS AND THE
54:14REQUIREMENTS TO COMPLY WITH
54:16THOSE MITIGATION PLANS FROM DEQ.
54:18AND SO WE DIDN'T WANT TO CREATE
54:20ANY MORE PROCESS ASSOCIATED
54:22WITH JUST REPLACING THE TANK.
54:24SO THAT WAS ONE OF THE ONE OF
54:27THE THINGS THAT FACTORED INTO
54:30WHY THAT WAS NOT CONSIDERED A
54:32DISCRETIONARY REVIEW INITIALLY.
54:35>> I'LL JUST ADD IN THE
54:37PROPOSAL, THE RECOMMENDATION
54:38FROM THE PLANNING COMMISSION.
54:39THAT'S BEFORE YOU. THERE IS THE
54:41NEIGHBORHOOD CONTACT FOR ANY OF
54:45THE REPLACEMENT TANKS BEFORE
54:48THEY GO IN FOR THEIR BUILDING
54:50PERMIT. THEY HAVE TO GO THROUGH
54:51THAT NEIGHBORHOOD CONTACT
54:54PROCESS. SO THEY HAVE TO SEND
54:55THE NOTICE TO THE NEIGHBORHOODS.
54:56THEY HAVE TO HOLD A MEETING. IT
55:00SAYS, THIS IS WHAT WE'RE GOING
55:01TO DO. AND THEN THEY CAN
55:03PROCEED. AND THAT THAT WAS THE
55:06THE PUBLIC CONTACT AWARENESS
55:09STEP. AND THEN FROM THERE, THE
55:11THE PUBLIC CAN TRACK THE
55:14PROGRESS OF THE BUILDING PERMIT,
55:15BUT THEY DO NOT GET AN
55:17OPPORTUNITY TO COMMENT ON THE
55:19BUILDING PERMIT. THIS
55:21INTRODUCES AN INTERIM STEP
55:23THERE WHERE THROUGH THE REVIEW,
55:26YOU SEE A LITTLE BIT MORE
55:28AROUND THE DESIGN AND AND AND
55:31ARE ABLE TO HAVE MORE
55:34OPPORTUNITY FOR COMMENT AND HAS
55:36BEEN SAID HERE. THE OPPORTUNITY
55:39TO BUILD TRUST WITH THE
55:41COMMUNITY.
55:41>> COUNCILOR. I'D ALSO MAYBE
55:43JUST ADD THAT THE HAT WE'RE
55:44WEARING AS STAFF CHANGES, AS WE
55:46GO THROUGH THE DIFFERENT STEPS
55:47OF THIS PROCESS, THE THE
55:48INITIAL STEP OF US COMING UP
55:49WITH A RECOMMENDATION, THAT'S
55:52WHEN WE'RE IN THE DRIVER'S SEAT
55:54AND MAKING RECOMMENDATIONS.
55:55WHEN WE GO TO PLANNING
55:57COMMISSION, OUR ROLE SHIFTS A
55:59LITTLE BIT TO BEING ADVISORS
56:01ABOUT WHETHER IT'S TECHNICALLY
56:02FEASIBLE. AND WE STILL WILL
56:04EXPRESS OUR OPINION ABOUT
56:05WHETHER WE THINK THAT'S A GOOD
56:06IDEA OR NOT. BUT IT'S IT'S THE
56:08PLANNING COMMISSION MAKING THAT
56:10RECOMMENDATION. AND THEN, OF
56:11COURSE, WHEN WE'RE HERE, WE'RE
56:12STILL IN THAT TECHNICAL
56:13ADVISORY ROLE WHERE YOU ALL ARE
56:15DECIDING AND WE'RE JUST TELLING
56:16YOU WHETHER THAT'S WORKABLE
56:17FROM A ZONING ADMINISTRATION
56:19PERSPECTIVE. AND IF YOU ASK US,
56:21YOU KNOW, WOULD WE DO IT THAT
56:24WAY? YOU KNOW, THERE'S
56:25DIFFERENT ANSWERS.
56:25>> YOU SAY IF IT'S FEASIBLE
56:27FROM A ZONING AND WHAT
56:29PERSPECTIVE.
56:29>> ADMINISTRATIVE PERSPECTIVE
56:30CAN WE.
56:31>> BUT WHEN CRAFTING THE
56:32ORIGINAL, YOU WERE CRAFTING IT
56:34FROM MORE THAN JUST A ZONING
56:36AND FEASIBILITY PERSPECTIVE.
56:37THERE WAS ALL SORTS OF
56:39PERSPECTIVES TAKEN IN. SO I
56:40GUESS I'M ASKING A LITTLE BIT
56:43IS, DO YOU ANTICIPATE THAT
56:46THERE ARE FACTORS, THINGS THAT
56:48WOULD BE GIVEN UP IF THESE WERE
56:50ADOPTED COMPARED TO THE
56:51ORIGINAL THAT YOU ALL PROPOSED,
56:53AND THAT MADE IT TO OUR DESK
56:54BEFORE THE AMENDMENTS?
56:57>> I MEAN, YOU'VE ALREADY
56:58HINTED AT THIS DISCUSSION ABOUT
56:59WHETHER WE WOULD DO A REVIEW
57:01FOR THE REPLACEMENT TANKS.
57:02THAT'S, YOU KNOW, THAT'S A
57:03PIVOT THAT THAT.
57:04>> THAT DOESN'T.
57:05>> IS A TRADE OFF.
57:06>> WHAT DO WE DO, A REVIEW, I
57:08GUESS THAT'S NOT WHAT I'M
57:09GETTING AT IS YOU'RE TALKING
57:10ABOUT PROCESS PROCESS OF A LAND
57:12USE DECISION. BUT I'M TALKING
57:13ABOUT LIKE, WHAT IS THE OUTCOME
57:14WHEN THE PROCESS IS OVER? AND
57:16THAT'S WHAT I'M TRYING TO GET A
57:18SENSE FOR IN TERMS OF WHAT DOES
57:20SOME OF THESE WHAT WE'RE
57:21TALKING LARGELY THESE
57:22AMENDMENTS ARE HOW WE WANT TO
57:24GO ABOUT A THING, NOT WHAT THE
57:27THING WILL BE. AND THAT THAT'S
57:28WHAT I'D LIKE TO GET A LITTLE
57:30BIT OF A BETTER SENSE OF THESE
57:32AMENDMENTS AND WHAT THEY CHANGE
57:34FROM THE DOCUMENT.
57:37>> I THINK THE ONE THING THAT
57:38HAS CHANGED OR IS LEFT BEHIND
57:42IS, IS RELATED TO THE TRANSFER
57:44REVIEW THAT THAT THE WAY THE
57:47TRANSFERS WERE SET UP BETWEEN
57:48UNDER THE THE TRANSFER REVIEW,
57:53THAT IF YOU WERE TRANSFERRING
57:54CAPACITY FROM ONE TERMINAL TO
57:56THE OTHER AS PART OF THAT
57:58TRANSFER, THERE WAS A 20%
58:01REDUCTION. AND THAT THAT GOES
58:03AWAY WITH, WITH THE, THE, THE
58:06NEW CAPACITY AND TRANSLOADING
58:09EXPANSION REVIEW.
58:09>> OKAY. AND SO WHAT'S THE
58:10OUTCOME OF THAT?
58:11>> THAT THAT IS ONE OUTCOME
58:14THAT THERE IS NOT THE IMMEDIATE
58:1720% REDUCTION WHERE IF, IF
58:20WE'RE IF WE STILL HAVE TITLE 17,
58:23THEN WE'RE WAITING TILL 2036 TO
58:26SEE THAT 20% REDUCTION.
58:28>> YEAH.
58:29>> INSTEAD, WHAT YOU HAVE IS
58:30THE CRITERION THAT FORCES THE
58:33EXAMINATION OF DATA AND THE
58:34LATEST FORECASTS. AND SO IT'S
58:36YEAH, IT'S NOT AN AUTOMATIC
58:38REDUCTION, BUT IT'S A.
58:39>> WELL THE TRANSFER REVIEW
58:41STILL HAD THAT NEED THAT
58:43CAPACITY NEED CRITERION IN IT.
58:46BUT AGAIN, THE AS PART OF THE
58:49TRANSFER THERE WAS A TAX ON THE
58:51CAPACITY THAT IS NO LONGER PART
58:53OF THIS PROCESS.
58:54>> AND WHAT YOU WERE MENTIONING
58:55EARLIER THAT THE NEIGHBORHOOD
58:57WOULD HAVE SOME INPUT. SO WHAT
58:58DO WE CONSIDER THE NEIGHBORHOOD
59:00IN THIS CONVERSATION? WHO ARE
59:03WE ACTUALLY TALKING ABOUT?
59:06>> WELL, THERE'S.
59:07>> A ARE WE JUST DOING THE
59:08NEIGHBORHOOD BOUNDARY OF
59:10NORTHWEST LINTON?
59:12>> YEAH. THERE'S AN EXTENSIVE
59:14LIST OF, OF NEIGHBORHOOD
59:17ASSOCIATIONS THAT RECEIVE
59:19NOTICE AND PRIOR NOTICE OF THIS,
59:22YOU KNOW, THESE PENDING
59:24APPLICATIONS. AND THAT REALLY
59:25KICKS OFF THE PUBLIC PROCESS.
59:28AND FOR INDIVIDUALS TO BE AWARE
59:31OF.
59:32>> SO MANY NEIGHBORHOODS, NOT
59:34JUST THE. CORRECT. OKAY. AND
59:44THEN I GUESS FROM BP'S
59:47PERSPECTIVE, DO YOU CONSIDER
59:49THIS SET OF AMENDMENTS THAT
59:50HAVE BEEN PROPOSED TO BE. LARGE
59:57AND SIGNIFICANTLY CHANGING OF
59:58THE DOCUMENT? DO YOU CONSIDER
1:00:00THEM STYLISTIC PROCESS OR MINOR
1:00:05ACROSS THE BOARD? I'M TRYING TO
1:00:06GET A SENSE OF YOU ALL TO PUT A
1:00:09LOT OF WORK, A LONG TIME, LONG
1:00:12PROCESS. AND WHILE IT SOUNDS
1:00:14LIKE THE COUNCILORS, THE FIVE
1:00:15WHO SPONSORED THIS, DID SOME
1:00:17LATE NIGHT WORK WITH YOU ALL.
1:00:18WE'RE STILL TALKING ABOUT
1:00:19WITHIN THE LAST COUPLE OF WEEKS
1:00:21VERSUS THE LAST COUPLE OF YEARS.
1:00:22AND SO I'M JUST TRYING TO GET A
1:00:24SENSE FOR THE MAGNITUDE, IF YOU
1:00:27WILL, OF THE AMENDMENTS AND HOW
1:00:29THAT LANDS UPON BTS AND YOUR
1:00:32ORIGINAL PRODUCT AND WHERE
1:00:33YOU'RE AT NOW. AND I, I JUST
1:00:34DON'T KNOW.
1:00:35>> THERE ARE A COUPLE DIFFERENT
1:00:36FLAVORS OF AMENDMENTS HERE.
1:00:37THERE'S THE POLICY AMENDMENTS,
1:00:40THE CODE CONTENT, AND THEN SOME
1:00:43OF THE PROCESS CHANGES. AND I
1:00:44THINK THE POLICY AMENDMENTS,
1:00:47LARGELY FROM A COMMUNITY
1:00:48PERSPECTIVE, I THINK, ARE AIMED
1:00:50AT STRENGTHENING THE WORDING TO
1:00:52BE FIRMER. AND I WOULD AGREE
1:00:54THAT THAT'S WHAT THEY'VE DONE.
1:00:57DO YOU THINK NOT A WHOLESALE
1:01:00REDIRECTION OF THE GENERAL
1:01:01POLICY TILT, BUT IT MOVES THE
1:01:03THE FIRMNESS OF THE WORDING
1:01:05SLIGHTLY FURTHER ALONG THE
1:01:07SPECTRUM, THE THE PROCESS
1:01:09IMPROVEMENTS ARE. I THINK THERE
1:01:10ARE SOME IMPROVEMENTS IN THIS
1:01:12VERSION THAT THAT THAT CLEAN UP
1:01:15SOME SOME THINGS THAT, THAT
1:01:16WEREN'T CLEAR IN OUR VERSION.
1:01:18SO THAT'S, THAT'S NOT A
1:01:20FUNDAMENTAL CHANGE, BUT IT IS,
1:01:21I THINK, HELPFUL. I DON'T KNOW
1:01:24IF, IF STAFF HAS ANYTHING ELSE.
1:01:26I WOULDN'T SAY IT'S A WHOLESALE
1:01:28PIVOT. IT'S, IT'S STRENGTHENING
1:01:30SOME OF THE PROCESSES.
1:01:31>> TRYING TO GET A LITTLE BIT
1:01:32OF A SENSE IF TO, TO THE, TO
1:01:36THE VERBS AND TO THE WORDS. AND
1:01:37THE DESCRIPTORS THAT ARE KIND
1:01:39OF TALKING ABOUT IS. HOW. SO
1:01:44YOU ALL MADE A CHOICE NOT TO
1:01:46USE THOSE WORDS ORIGINALLY, AND
1:01:47NOW THEY ARE THERE. I GUESS I'M
1:01:49TRYING TO GET A SENSE OF, IS
1:01:51THAT SOMETHING THAT YOU THINK
1:01:53IN A, IN THIS TYPE OF DOCUMENT
1:01:54SHOULD BE AVOIDED OR ACTUALLY
1:01:56IT'S GOOD TO INCLUDE THEM. AND
1:01:58I'M, I'M TRYING TO UNDERSTAND
1:02:00THE IMPACT OF THESE WORDS
1:02:02BECAUSE IT SOUNDS FUNNY TO
1:02:03ARGUE OVER DOCUMENT, BUT A
1:02:04SINGLE WORD LIKE SHALL DOES
1:02:06MAKE DIFFERENCES. I'M JUST
1:02:07TRYING TO GET A SENSE HERE
1:02:08BECAUSE YOU CHOSE NOT TO DO IT
1:02:10ORIGINALLY.
1:02:11>> I MAY JUST JUMP IN TO SAY
1:02:12THAT I THINK THAT WHERE THE
1:02:14WHERE THE LANGUAGE LANDED ON
1:02:16THE POLICIES, THE VERBS, AND
1:02:18THE ADDITIONAL KIND OF COLOR
1:02:19THAT WAS ADDED TO SOME OF THE
1:02:21POLICIES, I DON'T THINK THAT WE
1:02:23HAVE ANY PARTICULAR CONCERNS
1:02:25ABOUT THAT. I THINK THAT THEY
1:02:26THEY WERE THEY WERE FINE. IT
1:02:28WAS A GOOD DISCUSSION. IT
1:02:29HELPED US REALLY KIND OF, YOU
1:02:31KNOW, CHOOSE WORDS VERY
1:02:32CAREFULLY. AND I THINK IT WAS
1:02:33IT WAS A GOOD PROCESS.
1:02:35>> OKAY. AND THEN LASTLY, I
1:02:37GUESS THERE'S A LOT THERE'S A
1:02:40LOT HERE THAT THE COLLEAGUES
1:02:41PUT FORWARD. SO. MAYBE I'VE
1:02:44MISSED IT. BUT ARE ANY OF THESE
1:02:46FROM THE CITY ADMINISTRATION OR
1:02:48BTS THAT YOU CONSIDER RISKY OR
1:02:51THAT YOU WOULD RECOMMEND NOT BE
1:02:54ADOPTED?
1:02:58>> I THINK I WOULD, I WOULD
1:02:59JUST SAY THAT THE REPLACEMENT
1:03:02REVIEW IS SOMETHING THAT
1:03:04OBVIOUSLY WAS NOT PART OF THE
1:03:05ORIGINAL RECOMMENDATION FOR
1:03:07THAT. NUMBER TEN. YES, IT'S THE
1:03:11TWO IT'S IN AMENDMENT TEN.
1:03:14THERE ARE TWO. THE TWO REVIEW
1:03:17PROCESSES ARE AN AMENDMENT TEN.
1:03:18WE'RE TALKING ABOUT THE THE
1:03:20FIRST ONE, THE REPLACEMENT
1:03:21REVIEW. I THINK THAT THE
1:03:24PHILOSOPHY OF THE STAFF GOING
1:03:26IN WAS THAT WE DIDN'T WANT TO
1:03:28CREATE ANY ADDITIONAL. I MEAN,
1:03:29TOO MUCH ADDITIONAL PROCESS TO
1:03:32GET IN THE WAY OF COMPLIANCE
1:03:35WITH THE DEQ SEISMIC
1:03:37REQUIREMENTS.
1:03:38>> WE DO UNDERSTAND THE
1:03:39OBJECTIVE OF THAT REVIEW, WHICH
1:03:40WAS, I THINK, DESCRIBED BY THE
1:03:42SPONSORS, WHICH IS THAT IT IS
1:03:44GIVING THE COMMUNITY MORE SAY
1:03:45IN THAT REPLACEMENT AND AND IT
1:03:47IS GIVING MORE TRANSPARENCY TO
1:03:49THAT REPLACEMENT. SO IF THAT'S
1:03:50THE POLICY OBJECTIVE, IT'S IT'S
1:03:52MOVING THAT DIRECTION.
1:03:54>> I UNDERSTAND THE POLICY
1:03:55OBJECTIVE FROM THE PEOPLE WHO
1:03:56WROTE IT. I'M LOOKING TO YOU AS
1:03:58A PERSON AND A GROUP OF PEOPLE.
1:03:59I'M TRYING TO UNDERSTAND, LIKE
1:04:01FROM AN ADVOCACY PERSPECTIVE, I
1:04:04AM TRYING TO GET A SENSE FOR,
1:04:06ARE THERE RED FLAGS IN HERE
1:04:07THAT I CAN'T UNDERSTAND UNLESS
1:04:09YOU FLAG THEM FOR ME? RIGHT.
1:04:11AND SO WHAT I'M HEARING IS THAT
1:04:12THERE IS SOME CONCERN AROUND
1:04:14TEN, BUT THAT'S THE END OF THE
1:04:16SENTENCE.
1:04:17>> YEAH. I THINK AS WAS
1:04:20DESCRIBED EARLIER, THERE HAS
1:04:21BEEN AN ITERATIVE PROCESS TO
1:04:25HONE THIS AMENDMENT, TO TRY AND
1:04:28ELIMINATE AS MANY OF THOSE RED
1:04:29FLAGS AS POSSIBLE. AND I THINK,
1:04:32YOU KNOW, ESPECIALLY WORKING
1:04:33WITH THE CITY ATTORNEY'S OFFICE,
1:04:36WE'VE WE'VE GOTTEN THERE TO A
1:04:38POINT. THERE WAS A LOT OF GIVE
1:04:39AND TAKE AND, AND WORDSMITHING
1:04:42TO TRY AND GET THIS INTO THE
1:04:45BEST POSITION POSSIBLE.
1:04:48>> OKAY. OKAY. THANK YOU ALL.
1:04:55>> THANK YOU, COUNCILOR
1:04:56ZIMMERMAN. COUNCILOR GREEN.
1:04:58>> THANK YOU, COUNCIL PRESIDENT.
1:04:59I JUST JUMPED BACK IN THE QUEUE
1:05:01BECAUSE I WANTED TO NOTE
1:05:02THROUGH THIS DISCUSSION THAT
1:05:04WHAT YOU'RE SEEING THAT HAS
1:05:05BEEN MOVED IS CERTAINLY NOT
1:05:08EVERYTHING THAT THE ADVOCATES
1:05:09WANTED. THEY PUT FORWARD SOME
1:05:12STUFF THAT I THINK THEY FELT
1:05:14REALLY STRONGLY ABOUT. AND
1:05:17AFTER THE ITERATION, WITH STAFF
1:05:21DETERMINED TERMINATIONS WERE
1:05:22MADE TO SORT OF SAY, WE NEED TO
1:05:24MOVE FORWARD WITH THIS. LET'S
1:05:26TAKE A SECOND BEST, LESS
1:05:28PERFECT APPROACH. WE ITERATED
1:05:31WITH STAFF TO GET THERE. SO
1:05:32THIS IS JUST, I THINK, THE
1:05:33OUTCOME OF A, YOU KNOW, A LAND
1:05:37USE PROCESS WHERE WE WHERE WE
1:05:39LISTEN. SO THANKS.
1:05:42>> THANK YOU, COUNCILOR GREEN,
1:05:43COUNCILOR SMITH.
1:05:44>> THANK YOU. I WANT TO MAKE
1:05:53SURE BECAUSE I'VE I'VE BEEN IN
1:05:55CONVERSATIONS WITH COMMUNITY
1:05:58ABOUT THE HUB, THE HUB AND. BUT
1:06:03I WANT TO KNOW FROM BTS. HOW DO
1:06:07YOU ALL PLAN TO MAKE SURE THAT
1:06:10THERE IS A, AN ATTEMPT TO REACH
1:06:13OUT TO DIVERSE, UNDERSERVED
1:06:18RESIDENTS, TO LET THEM KNOW
1:06:21ABOUT THE SEISMIC AND THE
1:06:22ENVIRONMENTAL HAZARDS THAT ARE
1:06:26GOING TO HAPPEN WHEN THIS
1:06:28CHANGE COMES. BECAUSE AS I'VE
1:06:30BEEN LOOKING AROUND IN THE ROOM
1:06:32AND I KNOW WHO'S COME TO TALK
1:06:34TO ME, AND I HAVEN'T HAD A
1:06:36DIVERSE GROUP OF FOLKS COME AND
1:06:39TALK TO ME ABOUT THIS. AND SO I
1:06:41WANT TO MAKE SURE THAT BTS WILL
1:06:44BE GIVING A THOROUGH PUBLIC
1:06:49KIND OF CONVERSATION TO
1:06:52CONCENTRATE ON THE HAZARDS IN
1:06:53THOSE UNDERSERVED AND
1:06:56PARTICULARLY THOSE HISTORICALLY
1:06:58BURDENED NEIGHBORHOODS. AND
1:07:01COUNCILOR ZIMMERMAN TALKED
1:07:03ABOUT WHO ARE WE TALKING ABOUT?
1:07:05AND NO ONE TALKED ABOUT THOSE
1:07:08FOLKS. SO I WANT TO HAVE AT
1:07:11LEAST SOME SORT OF COMMITMENT
1:07:14THAT THIS IS GOING TO BE
1:07:16SOMETHING THAT YOU, YOU BRING
1:07:17UP. I, YOU KNOW, I KNOW YOU
1:07:19CAN'T CONTROL WHO COMES HERE,
1:07:21BUT YOU CAN CERTAINLY CONTROL
1:07:23WHO YOU REACH OUT TO.
1:07:26>> IN COUNCILOR. AND AGAIN, FOR
1:07:28THE RECORD, ERIC ENGSTROM,
1:07:29DIRECTOR OF THE. IN TANDEM WITH
1:07:32THIS CODE WORK, WE HAVE BEEN
1:07:34SITTING AT A TABLE MULTIAGENCY
1:07:36TABLE WITH PBEM AND STATE
1:07:39AGENCIES CONTINUING TO TRY TO
1:07:42COORDINATE BETTER ON THE THE
1:07:45EMERGENCY RESPONSE AND HAZARD
1:07:47MITIGATION SIDE OF THIS. THIS
1:07:49IS THE ZONING IS IN PARTICULAR
1:07:51ABOUT LIKE HOW PEOPLE BUILD
1:07:53THINGS ON THE GROUND. AND SO IT
1:07:54DOESN'T GET SO MUCH INTO THE,
1:07:56THE ON THE GROUND MITIGATION OR
1:07:58PUBLIC INFORMATION ABOUT THE
1:08:00HAZARDS. BUT THE TABLE WHERE
1:08:02WE'RE TALKING WITH THOSE
1:08:03AGENCIES ACROSS THE MULTI
1:08:05AGENCY EFFORT TO, TO DO BETTER
1:08:08AT THE, AT THE PLANNING FOR
1:08:09EMERGENCY RESPONSE. THAT'S
1:08:10WHERE THAT ACTION IS, I THINK.
1:08:12AND SO WE, WE'RE REGARDLESS OF
1:08:15WHAT COUNCIL DOES WITH THESE
1:08:17PARTICULAR POLICY AMENDMENTS,
1:08:18THAT DIALOG IS CONTINUING.
1:08:20>> CAN YOU TALK ABOUT THOSE.
1:08:23>> WHEN YOU'RE TALKING ABOUT
1:08:24THOSE MULTI AGENCY. I NEED YOU
1:08:26TO TALK TO COMMUNITY BASED
1:08:28ORGANIZATIONS, NOT JUST STATE
1:08:30AND FEDERAL TABLES WHERE YOU
1:08:32CAN TALK TO PEOPLE WHO, WHO
1:08:35UNDERSTAND, I NEED YOU TO, TO
1:08:36REACH OUT TO FOLKS WHO, WHO ARE
1:08:38FROM THOSE HISTORICALLY
1:08:41UNDERSERVED COMMUNITIES WHO
1:08:43HAVE NO IDEA, EVEN THOUGH THEY,
1:08:45THEY MAY KNOW THAT IT IS AN
1:08:48URGENT MATTER, BUT THEY DON'T
1:08:50KNOW IN GREAT DETAIL WHAT IS
1:08:52GOING ON. AND SO I THINK JUST
1:08:55KEEP TALKING TO OURSELVES.
1:08:56THAT'S NOT GOING TO DO IT. AND
1:08:58DEPENDING ON THESE MULTI
1:09:00AGENCIES TO GO OUT INTO
1:09:02COMMUNITY, I THINK THAT WE CAN
1:09:05DO BETTER, WE KNOW BETTER, AND
1:09:08WE SHOULD BE DOING THAT.
1:09:11BECAUSE WE'RE TALKING TO THE
1:09:12SAME PEOPLE WHO ARE HERE. LOOK
1:09:16AROUND THE ROOM TO SEE WHO'S
1:09:18HERE AND THEN LOOK TO SEE WHO'S
1:09:21NOT HERE. THAT'S WHAT I ALWAYS
1:09:22DO TO LOOK TO SEE WHO IS NOT
1:09:24HERE. THANK YOU.
1:09:26>> THANK YOU.
1:09:27>> THANK YOU, COUNCILOR SMITH.
1:09:28COUNCILOR PIRTLE-GUINEY.
1:09:31>> THANK YOU, COUNCIL.
1:09:32>> PRESIDENT AND COUNCILOR
1:09:34NOVICK. COUNCILOR ZIMMERMAN. I
1:09:35WANT TO THANK YOU GUYS FOR
1:09:37PUSHING ON SOME OF THOSE
1:09:38QUESTIONS. THERE. WHEN WE HAVE
1:09:42A PROCESS LIKE THIS, I THINK
1:09:44IT'S REALLY IMPORTANT TO AIR
1:09:45THE SPECIFIC CHANGES AND TO
1:09:47MAKE SURE WE HAVE AS MUCH
1:09:49CLARITY AS POSSIBLE ABOUT THE
1:09:51TRADE OFFS THAT WERE CONSIDERED
1:09:53AND THAT ARE BEING CONSIDERED
1:09:54BETWEEN THE UNDERLYING AND THE
1:09:56AMENDMENT. I JUST WANT TO SPEAK
1:09:58TO THE PROCESS ON THIS A LITTLE
1:10:00BIT. THERE'S A LOT OF DIFFERENT
1:10:03WAYS TO GO ABOUT THINKING ABOUT
1:10:04WHAT OUR ROLES ARE WHEN IT
1:10:06COMES TO POLICY MAKING. BUT ONE
1:10:08OF THE THINGS THAT I THINK IS
1:10:11AN IMPORTANT TOOL THAT WE HAVE
1:10:13AND THAT WE CERTAINLY USED HERE,
1:10:16WAS BEING ABLE TO TAKE TWO
1:10:20PIECES OF INFORMATION THAT ARE
1:10:21BOTH RAISING REALLY IMPORTANT
1:10:23CONCERNS AND SIT FOLKS DOWN
1:10:25TOGETHER TO FIGURE OUT HOW TO
1:10:27CROSSWALK THEM. AND IN THIS
1:10:30CASE, WE SAW FEEDBACK FROM A
1:10:32NUMBER OF DIFFERENT STAKEHOLDER
1:10:34GROUPS WHO WERE WHO FELT LIKE
1:10:37THE UNDERLYING WAS MISSING SOME
1:10:40PIECES. AND AS MUCH AS. THOSE
1:10:46FOLKS HAVE BEEN WORKING ON THIS
1:10:47FOR YEARS, AND THERE ARE MANY
1:10:49EXPERTS IN THAT COMMUNITY, I
1:10:51WANTED TO KNOW WHAT THE IMPACT
1:10:54WOULD BE ON IMPLEMENTATION FROM
1:10:55OUR BUREAU. I WANTED TO KNOW
1:10:57WHAT OUR ATTORNEYS WHO WORK
1:10:59WITH OUR LAND USE LAWS EVERY
1:11:01DAY THOUGHT ABOUT SOME OF THOSE
1:11:03CHANGES. AND SO THERE WAS A
1:11:05WHOLE PROCESS OF WALKING BACK
1:11:07AND FORTH TO SAY, OKAY, HERE'S
1:11:09WHAT FOLKS WHO WOULD LIKE TO
1:11:11SEE A HIGHER BAR FOR SAFETY ARE
1:11:13ASKING ABOUT DOES IT WORK? IF
1:11:15IT DOESN'T WORK, WHY NOT? HOW
1:11:17COULD WE MAKE IT WORK? IF THERE
1:11:20ARE FUNDAMENTAL UNDERLYING
1:11:22CONCERNS WITH THE APPROACH, IS
1:11:23THERE ANOTHER APPROACH THAT
1:11:24COULD REACH THOSE SAME GOALS?
1:11:26AND THERE WERE MULTIPLE ROUNDS
1:11:29OF US, YOUR COLLEAGUES, WALKING
1:11:31THESE PIECES BACK AND FORTH TO
1:11:33TRY TO GET TO SOMETHING THAT
1:11:35COULD WITHSTAND, FRANKLY, THE
1:11:37QUESTIONING UP HERE, THE REALLY
1:11:38IMPORTANT QUESTIONING UP HERE.
1:11:41SO I JUST WANT TO NOTE THAT
1:11:43THAT WAS PART OF THIS PROCESS,
1:11:46THAT THIS WAS NOT TAKING ONE
1:11:48PERSON'S SUGGESTION AND SAYING,
1:11:49WE'RE GOING TO RUN WITH IT. BUT
1:11:51IT WAS A VERY ITERATIVE PROCESS.
1:11:53AND I WANT TO THANK THE BUREAU
1:11:54FOR BEING HONEST ABOUT THE
1:11:56PLACES WHERE YOU STILL HAVE
1:11:57SOME CONCERNS, BUT ALSO CLEAR
1:11:58ABOUT THE PLACES WHERE WE WERE
1:12:00ABLE TO FIGURE OUT HOW TO MEET
1:12:02SOME ADDITIONAL SAFETY GOALS
1:12:04WITHOUT RAISING RED FLAGS. FROM
1:12:06YOUR PERSPECTIVE, I THINK
1:12:07THAT'S WHERE GOOD POLICY IS
1:12:09MADE. I ALSO, COUNCILOR SMITH,
1:12:13WANT TO THANK YOU FOR BRINGING
1:12:15UP THE CONCERNS YOU DID. AND AT
1:12:16ONE POINT WHEN WE WERE LOOKING
1:12:18AT NOTIFICATION, WE WERE
1:12:19LOOKING AT A LONGER LIST. BUT
1:12:21TO NAME EACH ORGANIZATION
1:12:22DOESN'T WITHSTAND THE TEST OF
1:12:24TIME AND TO NAME WHOLESALE
1:12:26CATEGORIES THAT COULD HAVE 100
1:12:29ORGANIZATIONS WITHIN THEM
1:12:30DOESN'T WITHSTAND THE TEST OF
1:12:31PRACTICALITY. AND SO WE WE
1:12:34NARROWED TO THE LIST THAT YOU
1:12:35SEE, WHICH IS THE NEIGHBORHOOD
1:12:37ASSOCIATIONS AND A FEW
1:12:37EDUCATIONAL INSTITUTIONS, AS
1:12:40WELL AS BROADLY DISTRIBUTED
1:12:42NEWSPAPERS. BUT THAT DOESN'T
1:12:44HAVE TO BE THE ONLY PLACES
1:12:46NOTICE ARE RECEIVED, AND I
1:12:48THINK IT IS INCUMBENT UPON ALL
1:12:50OF US WHO REPRESENT THESE
1:12:53DISTRICTS TO MAKE SURE THAT WE
1:12:55ARE FLAGGING THIS FOR OTHER
1:12:56ORGANIZATIONS AS WELL, SO THAT
1:12:57THEY KNOW TO BE ON THE LOOKOUT
1:12:59FOR IT. SO I JUST WANT TO SAY,
1:13:01I AM HAPPY TO WORK WITH YOU AND
1:13:03WITH OTHERS TO FIGURE OUT WHO
1:13:05NEEDS TO BE ON OUR TEAM'S LIST
1:13:08AND HOPEFULLY SIT DOWN WITH THE
1:13:10BUREAU AFTER THIS IS PASSED AND
1:13:12THINK ABOUT WHO ELSE MIGHT BE
1:13:13ABLE TO BE ON VOLUNTARY
1:13:16NOTIFICATION LISTS, EVEN IF
1:13:17THEY ARE NOT SPELLED OUT IN THE
1:13:20LANGUAGE HERE, BECAUSE THOSE
1:13:22THOSE INDIVIDUAL ORGANIZATIONS
1:13:25MAY EBB AND FLOW IN TERMS OF
1:13:26WHO THE RIGHT PEOPLE ARE TO
1:13:27REACH OUT TO OVER TIME.
1:13:30>> THANK YOU, COUNCILOR
1:13:31PIRTLE-GUINEY. COUNCILOR NOVICK.
1:13:33>> THANK YOU, MR. PRESIDENT. I
1:13:34JUST WANT TO SAY THAT I IF I
1:13:36THOUGHT IT WOULD GET SUPPORT,
1:13:37I'D BE INCLINED TO OFFER AN
1:13:39AMENDMENT ON THE REPLACEMENT
1:13:40TANK ISSUE TO GO FROM TYPE TWO
1:13:43TO TYPE THREE TO TYPE TWO,
1:13:45BECAUSE OF THE CONCERN ABOUT
1:13:46SLOWING DOWN COMPLIANCE WITH
1:13:47THE DEQ REQUIREMENTS AND
1:13:50PUSHING POTENTIALLY PUSHING THE
1:13:51COMPANIES TO GO WITH
1:13:52CONTAINMENT RATHER THAN NEW
1:13:54TANKS. BUT I'M NOT GOING TO
1:13:56OFFER THAT AMENDMENT TO TO
1:13:58WASTE TIME ON AN 11 TO 1 OR 10
1:14:00TO 2 VOTE. SO I'LL JUST SAY
1:14:02THAT IF ANYBODY OTHER THAN
1:14:03COUNCILOR ZIMMERMAN MYSELF
1:14:04WANTS TO OFFER THAT AMENDMENT,
1:14:05I'D SECONDED.
1:14:07>> THANK YOU, COUNCILOR NOVICK.
1:14:10OKAY, COLLEAGUES, SEEING NO ONE
1:14:11ELSE IN THE QUEUE. KEELAN CAN
1:14:13WE MOVE TOWARDS A.
1:14:17>> THIS IS.
1:14:19>> THESE ARE MOVED AS A SINGLE
1:14:21AMENDMENT RIGHT NOW. CURRENTLY,
1:14:22UNLESS THERE'S A MOTION TO
1:14:23SEPARATE.
1:14:24>> SO REQUEST.
1:14:26>> FOR INFORMATION. JUST THE
1:14:27TITLE 33 AMENDMENTS THOUGH.
1:14:30>> YES.
1:14:31>> NO, IT'S.
1:14:33>> IT'S THE.
1:14:34>> COMP PLAN POLICIES AND THE
1:14:36TITLE 33 AMENDMENT.
1:14:39>> CAN JUMP IN HERE PLEASE.
1:14:42>> COLLEAGUES, THE WAY THAT
1:14:43THIS IS WRITTEN LISTS DIFFERENT.
1:14:46THEY'RE LISTED AS AMENDMENTS
1:14:48BUT DIFFERENT SECTIONS SO THAT
1:14:50IT WAS EASIER FOR US TO
1:14:52>> FOLLOW DURING DEBATE AND
1:14:53DISCUSSION. SO IT WAS EASIER
1:14:55FOR OUR STAFF TO WALK THROUGH
1:14:56EVERYTHING THAT'S IN THERE. BUT
1:14:58WHAT WE'VE DONE IS PRESENTED A,
1:15:01I HATE TO USE THE WORD
1:15:02COMPREHENSIVE BECAUSE WE HAVE
1:15:03THE COMP PLAN ALSO, BUT I WILL
1:15:06A COMPREHENSIVE, SINGULAR
1:15:07AMENDMENT THAT IS FILED
1:15:09TOGETHER WITH THOSE DIFFERENT
1:15:10SUBSECTIONS FOR EACH OF THE
1:15:12ITEMS ON THE AGENDA. SO ONE
1:15:14AMENDMENT FOR AGENDA ITEM NINE,
1:15:16WHICH AFFECTS TITLE 33 IN THE
1:15:19COMP PLAN, AND ONE AMENDMENT
1:15:21FOR AGENDA ITEM TEN OR DOCUMENT
1:15:242026 312, WHICH AFFECTS TITLE
1:15:2917.
1:15:31>> SO CAN WE JUST CLARIFY THAT
1:15:33THE NEXT VOTE IS ON TITLE 17?
1:15:36AFTER THIS.
1:15:37>> THE CURRENT VOTE IS THE
1:15:40AMENDMENT ON COMP PLAN IN TITLE
1:15:4233. I WILL DEFER TO THE COUNCIL
1:15:43PRESIDENT ON WHAT HE PLANS TO
1:15:45DO WITH TITLE 17, DEPENDING ON
1:15:46HOW WE DO WITH THE UNDERLYING
1:15:48TODAY.
1:15:49>> IT WILL BE SEQUENTIALLY.
1:15:51NEXT.
1:15:51>> OKAY.
1:15:52>> THANK YOU. WE HAVEN'T
1:15:54FORMALLY MOVED IT. THEREFORE WE
1:15:55CAN'T FORMALLY. GOTCHA, GOTCHA.
1:15:56YES. OKAY. AND VICE PRESIDENT
1:15:58CLARK, DO YOU HAVE ANY FURTHER?
1:16:00OKAY. KEELAN, PLEASE CALL THE
1:16:01ROLL.
1:16:02>> YEAH, THIS IS THE ROLL CALL.
1:16:04VOTE ON THE AMENDMENT. GREEN
1:16:07PIRTLE-GUINEY KANAL CLARK.
1:16:09KOYAMA LANE TWO. MOVED BY GREEN.
1:16:10SECONDED BY CLARK. CLARK.
1:16:16>> SORRY.
1:16:17>> I'M NOT USED TO THIS YET.
1:16:19>> I GREEN. I ZIMMERMAN. I
1:16:36AVALOS. I SMITH. I KANAL. I
1:16:42PIRTLE-GUINEY. I RYAN. I KOYAMA
1:16:48LANE. I MORILLO. I NOVICK.
1:16:52>> SUBJECT TO THE FOREGOING
1:16:54RESERVATIONS I.
1:16:57>> DUNPHY I.
1:16:58>> THE AMENDMENT IS APPROVED
1:17:00WITH A VOTE OF 12 AYES.
1:17:01>> THANK YOU COLLEAGUES. I
1:17:03UNDERSTAND THERE ARE SOME
1:17:04ADDITIONAL AMENDMENTS TO THIS
1:17:06COUNCILOR GREEN.
1:17:10>> THANK YOU, COUNCIL PRESIDENT.
1:17:13I FILED GREEN ONE BECAUSE. YOU
1:17:18KNOW, WHEN YOU WORK TOGETHER ON
1:17:20AN AMENDMENT, I THINK IT'S
1:17:21IMPORTANT TO KEEP FIDELITY TO
1:17:22THE THINGS THAT YOU ALL AGREE
1:17:23WITH AND THE THINGS THAT YOU
1:17:25WORK TOGETHER ON. I THINK
1:17:28THERE'S A LITTLE BIT OF
1:17:29DIFFERENCE BETWEEN MY RISK. I
1:17:31THINK MY RISK APPETITE ON THE
1:17:34FUEL AVIATION EXEMPTION PIECE,
1:17:36THAT'S THE 5% IN THE TITLE 33
1:17:39THAT WE JUST AMENDED. I'M FAR
1:17:43MORE SKEPTICAL OF THE MODELING
1:17:44THAT SHOWS WE HAVE THAT NEED.
1:17:46AND SO I WAS WILLING TO FILE
1:17:47SOMETHING ON A SEPARATE PIECE
1:17:49NOT TO SORT OF INTERMINGLE THAT
1:17:50WITH THE REST OF WHAT WE WORKED
1:17:52ON. AND THAT'S WHAT I WOULD
1:17:55LIKE TO MOVE NOW. AND I WON'T
1:17:57DRAG US THROUGH THE MUD FOR A
1:17:58LONG DEBATE IF THERE'S NOT
1:18:00SUPPORT FOR THIS. BUT I WOULD
1:18:01LIKE TO JUST TALK ABOUT WHY WHY
1:18:03I'M DOING THIS. SO GREEN ONE IS
1:18:05SIMPLY. ON THE WEBSITE. IT'S
1:18:08GREEN ONE VERSION TWO, WHICH
1:18:11DEPENDED UPON THE ORDER IN
1:18:12WHICH WE TOOK THIS UP. BUT ALL
1:18:14IT DOES IS STRIKE THE. UNLESS
1:18:15THE EXPANSION IS FOR THE
1:18:16STORAGE OF AVIATION FUEL, IF
1:18:18THE EXPANSION IS FOR THE
1:18:19STORAGE OF AVIATION FUEL, THE
1:18:20TOTAL DEMAND OF EXPANDED
1:18:21STORAGE TANK CAPACITY CANNOT
1:18:23EXCEED 5% MORE THAN THE STORAGE
1:18:25TANK CAPACITY THAT EXISTED
1:18:26BEFORE. AND SO I THINK WHAT WE
1:18:28JUST PASSED WAS GREAT. AND IT
1:18:29WAS I THINK IT, IT, IT LIMITS
1:18:31US TO THE 20% EXPANSION THAT WE
1:18:33HAVE BEEN TALKING ABOUT. BUT I
1:18:37HAVE BEEN I HAVE HAD
1:18:39RESERVATIONS ON THE THE
1:18:40EVIDENCE IN THE RECORD ON THE
1:18:42FUEL DEMAND SINCE THE BEGINNING
1:18:44OF THIS PROCESS. I DON'T THINK
1:18:46IT'S CREDIBLE TO SAY THAT
1:18:49THERE'S GOING TO BE AS MUCH
1:18:50GROWTH IN AVIATION FUEL AS WE
1:18:52SEE IN THE RECORD, BECAUSE THAT
1:18:55MODELING DEPENDS UPON A WORLD
1:18:57WHERE AVIATION FUEL PRICES ARE
1:19:00MUCH LESS EXPENSIVE, I THINK
1:19:02MORE THAN HALF AS EXPENSIVE AS
1:19:03THEY ARE TODAY. AND DEMAND FOR
1:19:07FLIGHTS IS A FUNCTION OF THE
1:19:08PRICE OF A TICKET. AND AIRLINES
1:19:10ARE LOW MARGIN OPERATIONS. AND
1:19:13SO WHEN THE COST OF FUEL GOES
1:19:15UP, THE COST OF AIRLINE TICKETS
1:19:17GO UP. AND THE ECONOMIC
1:19:19RESEARCH SHOWS THAT FOR SHORT
1:19:21HAUL AIR FLYING FOR FOR FOR
1:19:23SHORT HAUL FLIGHTS, CONSUMERS
1:19:24ARE HIGHLY RESPONSIVE TO PRICE
1:19:26IMPACTS. AND THEY WILL SWITCH
1:19:27THEIR TRIPS. SO THEY WILL THEY
1:19:29WILL DRIVE TO SEATTLE INSTEAD
1:19:30OF FLYING TO SEATTLE, THEY WILL
1:19:31DRIVE TO NORTHERN CALIFORNIA
1:19:33INSTEAD OF FLYING TO NORTHERN
1:19:34CALIFORNIA. AND SO I DON'T
1:19:36THINK THERE IS THE NEED TO
1:19:38SUSTAIN THIS EXEMPTION, CARVE
1:19:39OUT. AND SO BECAUSE OF THAT,
1:19:41I'M MOVING THIS AMENDMENT TO
1:19:43BRING IT, I THINK, A LITTLE
1:19:44CLOSER IN LINE WITH. THE DESIRE
1:19:48TO KIND OF LIMIT THE EXPANSION
1:19:49OVERALL THERE AS THE HUB. AND I
1:19:51WOULD I WOULD ASK FOR A SECOND.
1:19:53>> SECOND, SECOND.
1:19:54>> OKAY, COUNCILOR GREEN MOVES,
1:19:55GREEN ONE. AND I BELIEVE I
1:19:56HEARD COUNCILOR KANAL FIRST AS
1:19:58A SECOND. COLLEAGUES, WE ARE
1:19:59NOW IN DISCUSSION OF GREEN ONE.
1:20:02COUNCILOR VICE PRESIDENT CLERK.
1:20:03>> I'M SORRY, I WAS NOT GOING
1:20:05TO SPEAK TO THIS. I DON'T THINK
1:20:07I'M ON SOMETHING ELSE ON THE
1:20:09OVERALL. 17, BUT I AM WAITING
1:20:12TO SEE THE AMENDMENT. I HAVEN'T
1:20:14SEEN GREEN ONE. IT'S OKAY.
1:20:16SORRY.
1:20:18>> OKAY.
1:20:19>> THANK YOU. THANK YOU,
1:20:22COUNCILOR NOVICK.
1:20:24>> SORRY. THANKS, MR. PRESIDENT.
1:20:27SORRY. THIS IS A FURTHER
1:20:28AMENDMENT TO 33. YEAH. OKAY.
1:20:30JUST TO CLARIFY THAT.
1:20:32>> SECTION. IT'S 33. IT'S THE
1:20:33APPROVAL CRITERIA. IT'S
1:20:3833.870.060. AND IT WAS IT WAS
1:20:40SUB ITEM C THAT THAT SORT OF
1:20:43CREATED A 5% EXPANSION
1:20:45ALLOWANCE FOR AVIATION FUEL.
1:20:47AND SO NOW I'M TRYING TO SORT
1:20:49OF REMOVE A LITTLE BIT OF THAT.
1:20:51OKAY.
1:20:51>> I JUST I'M GOING TO MAKE A
1:20:53COMMENT I'LL PROBABLY MAKE
1:20:55AGAIN WITH REGARD TO TITLE 17,
1:20:56BUT I JUST WANT TO NOTE THAT
1:20:58WE'VE ALREADY HEARD THAT
1:20:59INDUSTRY FOLKS ARE WRITING TO
1:21:00LEGISLATORS NOW SAYING THAT
1:21:02PORTLAND IS GOING TO TAKE AWAY
1:21:03OUR FUEL. AND I AM WORRIED
1:21:06ABOUT LEGISLATIVE PREEMPTION OF
1:21:08WHAT WE DO. AND I THINK THAT IF
1:21:11WE DO ANYTHING FURTHER WITH THE
1:21:13WITH WITH AVIATION, IT
1:21:16INCREASES THE RISK THAT ALASKA
1:21:17AIRLINES WILL RUN TO THE
1:21:18LEGISLATURE AND SAID, WELL, WE
1:21:19WERE GOING TO HAVE DIRECT
1:21:20FLIGHTS TO SEOUL, BUT PORTLAND
1:21:23PORTLAND'S THINK ABOUT FUEL AS
1:21:24PREVENTING US FROM DOING THAT.
1:21:26AND I'M AFRAID THAT IF THE
1:21:28LEGISLATURE IS GOADED TO DOING
1:21:30SOMETHING TO OVERRIDE US ON
1:21:31THAT, THEN THEY MIGHT OVERRIDE
1:21:32US ON EVERYTHING ELSE, TOO. SO
1:21:34I JUST THINK THAT DOING MESSING
1:21:36WITH AVIATION FUEL, WHETHER
1:21:37THERE ARE THESE PROJECTIONS OF
1:21:38INCREASED DEMAND, INCREASES THE
1:21:40RISK OF BEING OVERRIDDEN ON THE
1:21:42WHOLE THING.
1:21:44>> THANK YOU. COUNCILOR NOVICK
1:21:46COLLEAGUES, I PUT MYSELF IN THE
1:21:47QUEUE. I'M NOT GOING TO BE ABLE
1:21:49TO BE SUPPORTIVE OF THIS
1:21:50AMENDMENT. I AM CONVINCED BY
1:21:51OUR FRIENDS AT THE PORT THAT
1:21:53AVIATION FUEL IS DIFFERENT.
1:21:55FIRST OF ALL, PDX IS THE
1:21:57LARGEST SINGLE EMPLOYER IN
1:21:58DISTRICT ONE. IT IS BEAUTIFUL.
1:22:00I WENT THROUGH IT TWICE IN THE
1:22:02LAST WEEK. THEY WOULDN'T HAVE
1:22:04PUT THE AMOUNT OF MONEY AND
1:22:05TIME AND ENERGY INTO THAT
1:22:07AIRPORT IF IT WEREN'T EXPECTED
1:22:09TO, TO WELCOME MILLIONS OF NEW
1:22:11ADDITIONAL GUESTS TO OUR CITY.
1:22:13AND SO FOR THAT REASON, I DO. I
1:22:17AM CONVINCED THAT OR BUY THE
1:22:18ARGUMENT THAT AVIATION FUEL
1:22:19SHOULD BE TREATED DIFFERENTLY.
1:22:20SO I WILL BE A NO ON THIS
1:22:22AMENDMENT. COUNCILOR.
1:22:24PIRTLE-GUINEY.
1:22:25>> THANK YOU, COUNCIL PRESIDENT.
1:22:29YOU KNOW, AS WE WERE WORKING
1:22:31THROUGH THIS AMENDMENT PROCESS,
1:22:34I WAS LOOKING FOR WAYS THAT WE
1:22:35COULD KEEP THINGS CONSISTENT,
1:22:37KEEP THINGS AS EASY TO NAVIGATE
1:22:42AS POSSIBLE, AND KEEP A TOTAL
1:22:43CAP ON THE AMOUNT OF FUEL IN
1:22:46THE IN THE CITY HUB THAT LOWERS
1:22:49OVER TIME TO REDUCE RISK. AND
1:22:52ONE OF THE CONVERSATIONS THAT I
1:22:53HAD WITH OUR STAFF, BECAUSE
1:22:55THOSE CONVERSATIONS WITH OUR
1:22:56EXPERTS AT THE CITY ARE REALLY
1:22:58IMPORTANT, WAS ABOUT THE TIMING
1:23:01FOR THE REDUCTION IN THE USE OF
1:23:05OTHER FUEL TYPES AND THE
1:23:07INCREASE IN THE USE OF AVIATION
1:23:08FUEL. AND I BECAME CONVINCED IN
1:23:11THOSE CONVERSATIONS THAT WE
1:23:13HAVE A SHORT TERM PROBLEM WHERE
1:23:15OVER THE LONG TERM, WE MAY SEE
1:23:17THE AMOUNT OF REDUCTION WE'RE
1:23:18BETTING ON SEEING THE AMOUNT OF
1:23:20REDUCTION IN OUR OTHER FUELS
1:23:21THAT WILL CREATE SPACE FOR THE
1:23:24EXPANSION WE KNOW IS GOING TO
1:23:25OCCUR IN AVIATION FUEL NEEDS,
1:23:28STORAGE NEEDS IN OUR REGION,
1:23:30BUT THAT IN THE SHORT TERM,
1:23:32THAT INCREASE IN AVIATION FUEL
1:23:34MIGHT OUTPACE THE REDUCTION IN
1:23:35OTHER FUEL TYPES. AND THIS 5%
1:23:39LANGUAGE WAS MEANT TO ALLOW FOR
1:23:42THAT SHORT TERM CAPACITY NEED.
1:23:45I THINK IT'S IMPORTANT THAT WE
1:23:46KEEP IT IN THERE. A FEW OF MY
1:23:48COLLEAGUES HAVE SPOKEN TO THE
1:23:50PEOPLE, BUT I WANT TO NOTE THAT
1:23:52IN 2025, 200,000 METRIC TONS OF
1:23:55GOODS MOVED THROUGH OUR AIRPORT.
1:23:57AND WHEN WE'RE TALKING ABOUT
1:23:59OUR ECONOMY AND WHEN WE'RE
1:24:00TALKING ABOUT HAVING AN ECONOMY
1:24:02WHERE WE MAKE THINGS THAT WE'RE
1:24:04ABLE TO TRADE WITH OTHER PLACES
1:24:06SO THAT WE CAN BRING MORE MONEY
1:24:08INTO OUR ECONOMY AND GROW WAGES,
1:24:11BUILD WEALTH FOR PEOPLE WHO
1:24:12LIVE HERE. WE HAVE TO BE ABLE
1:24:14TO GET THOSE THINGS WE MAKE TO
1:24:16OTHER PLACES. AND THE AIRPORT
1:24:18IS ONE OF THE WAYS WE DO THAT,
1:24:20AND A WAY WE DO THAT WITHOUT
1:24:22RELYING SOLELY ON TRUCKS ON OUR
1:24:24ROADS. SO I THINK IT'S
1:24:26IMPORTANT THAT WE TAKE
1:24:27SERIOUSLY THAT SHORT TERM RUB
1:24:31FOR AVIATION FUEL. I APPRECIATE,
1:24:34COUNCILOR GREEN, THAT YOU DID
1:24:35THIS SEPARATELY FROM THE
1:24:36AMENDMENT, SO WE COULD ALL BE
1:24:38ON THE SAME PAGE IN THAT
1:24:39BROADER AMENDMENT. BUT THAT'S
1:24:40THE REASON THAT I COULDN'T
1:24:42SUPPORT IT THERE AND CAN'T
1:24:43SUPPORT IT SEPARATELY EITHER.
1:24:45>> THANK YOU. COUNCILOR
1:24:46PIRTLE-GUINEY COUNCILOR KANAL.
1:24:48>> THANK YOU, COUNCIL PRESIDENT.
1:24:50I'LL JUST NOTE THAT IN THE
1:24:53EVENT THAT THIS AMENDMENT WERE
1:24:55TO PASS, THERE'D STILL BE THE
1:24:57POSSIBILITY OF INCREASING
1:24:58AVIATION FUEL, JUST REQUIRE
1:24:59MORE AGGRESSIVE DRAWDOWN IN
1:25:00OTHER TYPES OF FUEL. SO I THINK
1:25:03IN TERMS OF THE DEMAND GROWTH,
1:25:05REGARDLESS OF WHERE ONE'S AT ON
1:25:07THE DIFFERENT MODELING,
1:25:09INCREASING THE ALLOWABLE
1:25:12CAPACITY AS A SEPARATE CATEGORY
1:25:13IS, IS DIFFERENT STRUCTURALLY.
1:25:16BUT IF WE WERE TO KEEP IT
1:25:17TOGETHER, MEANING PASSED THIS
1:25:18AMENDMENT, ONE COULD STILL
1:25:20INCREASE THE AMOUNT OF AVIATION
1:25:21FUEL. IT WOULD JUST REQUIRE
1:25:24MORE OF THE OTHER TYPES BEING
1:25:26REDUCED. AND I THINK THAT'S
1:25:27KIND OF A GOOD THING FOR
1:25:29EVERYONE. SO THAT'S THE REASON
1:25:32I I'M SUPPORTIVE OF THIS. AMONG
1:25:34THE MANY OTHERS THAT COUNCILOR
1:25:35GREEN ALREADY LAID OUT. BUT
1:25:38GIVEN THAT IT APPEARED THAT
1:25:40THERE'S NOT REALLY A PATH HERE,
1:25:42I'D REQUEST THAT THE COUNCIL
1:25:44PRESIDENT CLOSE THE QUEUE ON
1:25:45THIS ONE.
1:25:47>> THANK YOU. COUNCILOR KANAL
1:25:49AFTER COUNCILOR SMITH GOES, I
1:25:51WILL LIMIT DEBATE IN THE QUEUE
1:25:53TO ON THE DISCUSSION ON THIS.
1:25:55SO COUNCILOR SMITH OH YEAH. I
1:25:57MEAN, AFTER I WILL LIMIT THE
1:25:58DEBATE TO THOSE WHO ARE IN THE
1:26:00QUEUE AFTER COUNCILOR SMITH
1:26:01ENDS.
1:26:02>> THANK YOU. I AGREE WITH
1:26:03COUNCIL PRESIDENT. AVIATION
1:26:06FUEL IS DIFFERENT AND I WILL
1:26:08NOT BE SUPPORTING THIS
1:26:10AMENDMENT. THANK YOU.
1:26:12>> OKAY, COLLEAGUES, I'M
1:26:13LIMITING DEBATE TO THOSE WHO
1:26:14ARE IN THE QUEUE RIGHT NOW,
1:26:16COUNCILOR RYAN.
1:26:22>> THERE WE GO. SORRY FOR MY
1:26:25DELAYS. I REALLY APPRECIATE
1:26:26WHAT COUNCIL PRESIDENT SAID.
1:26:28THANK YOU VERY MUCH FOR THAT.
1:26:31AND I ALSO WANT TO JUST ADD
1:26:32THAT WE ALSO SAW THIS WEEK THAT
1:26:34TRAVEL PORTLAND'S INVESTING 4.5
1:26:36MILLION TO GET PDX NONSTOP
1:26:38FLIGHTS TO ASIA. WE JUST CAN'T
1:26:40AFFORD TO JEOPARDIZE JOBS IN
1:26:42TOURISM TO OUR CITY AND STATE
1:26:43WHEN WE ARE STRUGGLING RIGHT
1:26:44NOW. SO IT'S IMPERATIVE THAT WE
1:26:46CONTINUE TO PROVIDE AN
1:26:47EXCEPTION, AN EXEMPTION FOR
1:26:49AVIATION FUEL. THANK YOU.
1:26:52>> THANK YOU, COUNCILOR RYAN
1:26:53COUNCILOR MORILLO.
1:26:55>> THANK YOU. I'LL BE QUICK
1:26:56BECAUSE IT'S CLEAR THAT THIS
1:26:57AMENDMENT IS GOING TO FAIL. BUT
1:26:59THANK YOU, COUNCILOR GREEN, FOR
1:27:00BRINGING THIS FORWARD. AND
1:27:01THANK YOU TO THE ADVOCATES FOR
1:27:03ASKING FOR IT AS WELL. BACK
1:27:04WHEN WE WERE WHEN WE HAD A
1:27:06CLIMATE COMMITTEE, SOMETHING
1:27:07THAT WE DISCUSSED WAS THAT
1:27:08THESE RENEWABLE FUELS THAT ARE
1:27:09PAINTED TO BE BETTER ARE NOT
1:27:11NECESSARILY BETTER BECAUSE OF
1:27:12HOW THEY'RE PRODUCED AND THE
1:27:13CARBON OFFSETS THAT HAPPEN IN
1:27:15THAT ENTIRE CYCLE. SO I THINK
1:27:18THAT SUSTAINABLE AVIATION IS
1:27:19NOT NECESSARILY GOING TO CREATE
1:27:22THE CARBON AVIATION THAT WE
1:27:23ACTUALLY WANT TO HAPPEN. I, I
1:27:27ALSO THINK THAT, YES, I
1:27:29APPRECIATE ALL THE BEAUTIFUL
1:27:30CHANGES THAT WERE MADE TO OUR
1:27:31AIRPORT, THE ATTEMPTS TO UPLIFT
1:27:33OUR ECONOMY. AND ALSO ALL OF
1:27:35THAT HAPPENED BEFORE THE
1:27:38PRESIDENT OF THE UNITED STATES
1:27:39ENTERED US INTO A VERY LONG
1:27:41LOSING WAR. AND SO THERE HAVE
1:27:43JUST BEEN A LOT OF CHANGES THAT
1:27:44HAVE HAPPENED ECONOMICALLY. OUR
1:27:47VISITS INTERNATIONALLY ARE
1:27:49GREATLY REDUCED. PEOPLE ARE NOT
1:27:51COMING TO THE U.S. THE WAY THEY
1:27:53USED TO IN GENERAL. AND SO I
1:27:55THINK THAT WE SHOULD ACCOUNT
1:27:56FOR THAT. THE NEW THINGS THAT
1:27:58HAVE HAPPENED IN THIS TIME FOR
1:27:59THIS AMENDMENT. SO I WILL BE
1:28:01SUPPORTIVE OF IT. I APPRECIATE
1:28:02THE ATTEMPTS TO DO EVERYTHING
1:28:04WE CAN TO TO DRAW DOWN THOSE
1:28:06FUELS.
1:28:07>> THANK YOU. COUNCILOR MORILLO
1:28:08COUNCILOR AVALOS.
1:28:10>> THANK YOU. YEAH, I REALLY
1:28:13STRUGGLED WITH THIS. I HAVE
1:28:15BEEN STRUGGLING WITH THIS
1:28:16BECAUSE I GENUINELY DO SEE THE
1:28:20ARGUMENT ON EACH SIDE OF IT.
1:28:22OBVIOUSLY, AS A DISTRICT ONE
1:28:24COUNCILOR, I'M CONCERNED ABOUT,
1:28:25YOU KNOW, PRESERVING JOBS IN
1:28:27OUR DISTRICT AND AT THE AIRPORT.
1:28:30I ASKED ABOUT, YOU KNOW, I
1:28:32WANTED TO UNDERSTAND WHAT THE
1:28:33ACTUAL IMPACT WOULD BE ON JOBS.
1:28:35AND I GOT THE ANSWER. AND I
1:28:37DON'T KNOW HOW I FEEL ABOUT THE
1:28:39ANSWER, I THINK, SURE, MAYBE.
1:28:42BUT I DO THINK THAT THERE IS A
1:28:43CASE FOR MAKING THIS AMENDMENT
1:28:46BASED ON WHAT COUNCILOR KANAL
1:28:47JUST SAID. SO I WON'T REPEAT
1:28:49THAT. AND SO EVEN THOUGH IT
1:28:51LOOKS LIKE IT PROBABLY WON'T
1:28:53PASS, I THINK I'M GOING TO
1:28:54SUPPORT IT TO JUST SHOW THE
1:28:57VALUE THAT I'M TRYING TO
1:28:58SUPPORT HERE. AND I DO THINK IT
1:29:01IS A CONTINUED CONVERSATION WE
1:29:02NEED TO HAVE. I'M GRATEFUL TO
1:29:05ALL THE FOLKS THAT I WAS ABLE
1:29:07TO TALK TO ON BOTH SIDES OF
1:29:08THIS ISSUE, TO JUST UNDERSTAND
1:29:11THEIR POSITIONS, AND I THINK
1:29:12THE POSITION I'M LANDING IS I'M
1:29:14GOING TO VOTE YES TO SUPPORT
1:29:16THE EFFORT. I KNOW THAT WE HAVE
1:29:17WORK TO DO. I KNOW THAT NOT
1:29:19EVERYBODY ON THE COUNCIL IS
1:29:20CONVINCED, AND I THINK THERE
1:29:22COULD BE ANOTHER WAY IN THE
1:29:23FUTURE TO ADDRESS THIS. SO MY
1:29:25YES VOTE IS TO SHOW THAT VALUE
1:29:27AND TO ENCOURAGE US AS A
1:29:28COUNCIL TO KEEP DISCUSSING THIS,
1:29:30BECAUSE THE BROADER ISSUE NEEDS
1:29:32TO BE ADDRESSED, EVEN IF THIS
1:29:34MIGHT NOT BE THE WAY THAT GETS
1:29:36MOST COUNCILORS TO YES ON. I
1:29:37THINK THAT WE CAN AGREE. WE
1:29:39NEED TO CONTINUE ASSESSING THE
1:29:41ROLE OF AVIATION FUEL IN IN OUR
1:29:44STORAGE. AND SO I WILL SUPPORT
1:29:45IT TODAY. BUT I LOOK FORWARD TO
1:29:47HAVING MORE CONVERSATIONS WITH
1:29:49THE PORT ABOUT HOW WE CAN
1:29:51CONTINUE ADDRESSING THE SAME
1:29:53VALUE THAT I THINK WE ALL SHARE,
1:29:55INCLUDING THE PORT, AS PER THE
1:29:57CONVERSATIONS THAT I HAD, AND
1:29:58DO IT IN A WAY THAT MEETS THE
1:30:00COMMUNITY'S NEEDS AS WELL. SO I
1:30:02WILL SUPPORT IT TODAY. THANKS.
1:30:03>> THANK YOU, COUNCILOR AVALOS.
1:30:05KEELAN, CAN WE PLEASE CALL THE
1:30:06ROLL ON GREEN?
1:30:08>> ONE MOVE BY GREEN. SECONDED
1:30:10BY KANAL CLERK. NO GREEN. AYE,
1:30:14MORILLO ZIMMERMAN.
1:30:15>> NO.
1:30:16>> AVALOS. AYE, MORILLO SMITH.
1:30:19>> NO.
1:30:19>> KANAL I.
1:30:21>> PIRTLE-GUINEY. NO.
1:30:24>> RYAN.
1:30:26>> NO. KOYAMA LANE I. MORILLO I.
1:30:30>> NOVICK.
1:30:31>> NO.
1:30:32>> DUNFEE.
1:30:32>> NO.
1:30:33>> THE AMENDMENT FAILS WITH A
1:30:35VOTE OF FIVE EYES AND SEVEN
1:30:36NAYS.
1:30:37>> THANK YOU. COLLEAGUES. ARE
1:30:40THERE ADDITIONAL AMENDMENTS ON
1:30:42THIS ITEM? COUNCILOR KANAL WAS
1:30:47THERE AMENDMENT TO THIS? OKAY,
1:30:51I THINK WE HAVE MADE OUR WAY
1:30:52THROUGH ALL OF THE AMENDMENTS
1:30:54AT THIS POINT. OKAY, HERE WE GO.
1:31:00I HAVE A SCRIPT. SORRY. I KNOW,
1:31:05HONESTLY, WE'RE DOING BETTER IN
1:31:06TIME THAN I THOUGHT WE WOULD.
1:31:07TWO GUYS, ITEM 2026-311. THE
1:31:11ORDINANCE FOR THE RECOMMENDED
1:31:13DRAFT OF THE CEI HUB POLICY
1:31:15PROJECT IS CONTINUED TO AN
1:31:16ADDITIONAL MEETING BEFORE THE
1:31:17CITY COUNCIL ON NOVEMBER 5TH,
1:31:202026 AT 2:00 P M. AT THAT TIME,
1:31:23COUNCIL WILL CONSIDER THE
1:31:24REVISED ORDINANCE WITH REVISED
1:31:25SUPPORTING DOCUMENTS, INCLUDING
1:31:27FINDINGS AND TECHNICAL
1:31:28CONFORMING AMENDMENTS, TO
1:31:29IMPLEMENT THE AMENDMENTS THAT
1:31:30WERE ADOPTED TODAY. ITEM
1:31:362026-31208. SORRY, I'M READING
1:31:43MY NOTES. OKAY, I WAS READING
1:31:50THE WRONG SCRIPT. GREAT. IT
1:31:51LOOKS LIKE WE ACTUALLY DO HAVE
1:31:52TIME TO MOVE ON TO TITLE 17
1:31:54ELEMENTS TODAY. I'M GOING TO
1:31:55GIVE US A QUICK RECESS. IT IS
1:31:58330. WE'RE HALFWAY THROUGH. SO
1:31:59I'M GOING TO GIVE US A 15
1:32:01MINUTE RECESS BACK AT 345. AT
1:32:03THAT POINT, WE WILL CONTINUE TO
1:32:04ITEM 2026-312.
1:46:57>> SO SOMETIMES I HEAR ABOUT.
1:46:59>> ALL RIGHT. WELCOME BACK
1:47:01EVERYBODY. THANK YOU FOR YOUR
1:47:02PATIENCE. COLLEAGUES. WE ARE
1:47:04NOW IN CONSIDERATION OF
1:47:06DOCUMENT 2026 312. I'D LIKE TO
1:47:10RECOGNIZE COUNCILOR GREEN TO
1:47:11INTRODUCE THE GREEN
1:47:12PIRTLE-GUINEY KANAL CLERK
1:47:14KOYAMA LANE TWO AMENDMENT
1:47:15COUNCILOR. LET'S RINSE AND
1:47:17REPEAT THE PROCESS HERE WITH
1:47:18OUR STAFF AND TO HAND TO WALK
1:47:22US THROUGH THE DETAILS. AFTER
1:47:23THAT, WE WILL MOVE ON TO
1:47:24COUNCILOR NOVICK AMENDMENTS AND
1:47:25THEN TO COUNCILOR KANAL
1:47:26AMENDMENTS. SO, COUNCILOR GREEN,
1:47:27YOU WANT TO CUE US UP AND THEN
1:47:29WE'LL TURN IT OVER TO OUR TEAM.
1:47:31>> YEAH. THANKS SO MUCH. THIS
1:47:32IS ONCE AGAIN GREEN
1:47:33PIRTLE-GUINEY KANAL CLERK AND
1:47:35KOYAMA LANE TO TAKE UP ONE
1:47:38AMENDMENT THAT MOVES
1:47:40ESSENTIALLY FIVE AMENDMENTS
1:47:44THAT DEAL WITH FUEL REDUCTION
1:47:46PROGRAM AMENDMENTS. AND WE ALSO
1:47:49HAVE HAVE PULLED IN NOVICK TWO
1:47:53AND THREE INTO SORT OF THE BODY
1:47:56OF THOSE AMENDMENTS TO KIND OF
1:47:58BECAUSE I THINK WE, YOU KNOW,
1:47:59WE AGREE WITH THOSE AND SORT OF
1:48:01WANTED IT TO BE A AN EASIER
1:48:03PATH. SO. COUNCILOR NOVICK
1:48:05DIDN'T HAVE AN ISSUE WITH THAT.
1:48:06AND SO WE DID THAT, BUT NOT WE
1:48:08DID NOT PULL NOVICK ONE INTO IT.
1:48:10SO, TOM, IF YOU WANT TO GIVE US
1:48:12THE THE FLYOVER, GO AHEAD.
1:48:14THANKS.
1:48:15>> SURE. SO THE FIRST AMENDMENT
1:48:18OF THIS PACKAGE IS A DIRECTIVE
1:48:21IN THE ORDINANCE FOR ADDITIONAL
1:48:23WORK. AND THIS REALLY SPEAKS TO
1:48:26WHAT WE HEARD IN THE PUBLIC
1:48:27TESTIMONY ABOUT WHAT'S BEFORE
1:48:29YOU IN THE TITLE 17 REGULATES
1:48:32STORAGE TANK CAPACITY. PHYSICAL
1:48:34CAPACITY AND THE DESIRE TO MOVE
1:48:37TOWARDS A REGULATORY PROGRAM
1:48:40THAT IS MORE ABOUT FILL LEVELS
1:48:42AND FUEL VOLUMES, AND THAT IT
1:48:45ACKNOWLEDGES WHAT WE REALLY
1:48:46NEED IS THE DATA REPORTED FROM
1:48:48THE TERMINALS THAT IS REQUIRED
1:48:50BY THIS ORDINANCE TO BE ABLE TO
1:48:52REALLY FINE TUNE AND ADJUST
1:48:54THAT SORT OF PROCESS, AND TO
1:48:57MAKE THAT A REGULATORY PIVOT.
1:49:00AND SO WHAT THIS IS, IS A
1:49:02DIRECTIVE TO GET THAT DATA THAT
1:49:06IS THAT IS REQUIRED TO BE
1:49:07REPORTED TO THE CITY BY MARCH
1:49:0931ST OF 2027. AND THEN WE WOULD
1:49:12LOOK AT PROCESS THAT DATA AND,
1:49:13AND WORK WITH THE COMMUNITY TO
1:49:15TRY AND COME UP WITH A PROPOSAL
1:49:18TO COUNCIL BY SEPTEMBER 1ST, TO
1:49:23LOOK AT ALTERNATIVES TO
1:49:26REGULATING STORAGE TANK
1:49:27CAPACITY. SO THAT'S THE FIRST
1:49:30AMENDMENT, THE SECOND AMENDMENT,
1:49:32YOU KNOW, WITHIN THAT REDUCTION
1:49:36REGULATIONS THAT KICK IN IN
1:49:392036, WE HAVE A COUPLE OF
1:49:42EXEMPTIONS. AND ONE OF THOSE
1:49:44EXEMPTIONS APPLIES TO AVIATION
1:49:49EXISTING AS OF JANUARY 1ST,
1:49:522027, AVIATION FUEL STORAGE
1:49:55CAPACITY. THE PROPOSAL IS TO
1:49:57REMOVE THAT EXEMPTION. AND THEN
1:50:00WE HAVE A LITTLE BIT OF, OF, OF
1:50:02CLEANUP TO BE CONSISTENT WITH
1:50:04THE CHANGES THAT WERE MADE IN
1:50:07TITLE 33. THAT'S AMENDMENT TWO,
1:50:12AMENDMENT THREE IS SOME CHANGES
1:50:15TO THE THE REPORTING
1:50:17REQUIREMENTS. AGAIN, SORT OF
1:50:19REFLECTING ON WHAT WE HEARD IN
1:50:20PUBLIC TESTIMONY THAT IT FILLS
1:50:24OUT SOME SOME OF THE DIFFERENT
1:50:26REPORTING REQUIREMENTS. IT ALSO
1:50:29SHIFTS FROM WHAT WE HAD AS A
1:50:33SORT OF EVERY 2 OR 3 YEAR
1:50:34REPORTING REQUIREMENT TO AN
1:50:36ANNUAL REPORTING REQUIREMENT,
1:50:38BOTH FOR THE TERMINALS AND THEN
1:50:40IN TURN FOR AND THIS IS WHERE
1:50:43WE PULLED IN NOVICK THREE IS TO
1:50:47THEN TURN AROUND THAT DATA AND
1:50:49REPORT TO COUNCIL EACH YEAR AS
1:50:54TO WHAT WE'RE SEEING, BOTH IN
1:50:56TERMS OF WHAT WE'RE SEEING FROM
1:50:58THE TERMINALS THEMSELVES, BUT
1:51:00ALSO WHAT WE'RE SEEING IN TERMS
1:51:01OF, OF THE THE FUEL DEMAND
1:51:04FORECASTS AND THE ACTUAL
1:51:06CONSUMPTION RATE DATA. SO THAT
1:51:09COUNCIL IS INFORMED AND, AND
1:51:11CAN MAKE ANY ADJUSTMENTS THAT
1:51:14THEY SEE FIT. THE FOURTH ONE
1:51:16WAS JUST A SMALL CHANGE TO THE
1:51:20PENALTY. CLAUSE, JUST A A
1:51:25CHEWING UP OF THE LANGUAGE IN
1:51:27THAT IN THAT CODE, AGAIN, THE
1:51:31FIFTH AMENDMENT IS A ANOTHER
1:51:34DIRECTIVE. THIS AGAIN IS SORT
1:51:37OF PULLING IN NOVICK THREE, BUT
1:51:41JUST SORT OF REAFFIRMING
1:51:43COUNCIL'S COMMITMENT TO
1:51:45CONTINUE AND ENGAGE THE
1:51:47COMMUNITY AND ALL OF THE
1:51:50PARTNERS, THE OPERATORS, THE
1:51:51STATE AGENCIES ON, ON LOOKING
1:51:56AT THE RISKS IN THE HUB AND
1:51:57WHAT WE CAN DO TO REDUCE THE
1:51:59RISKS OUT THERE.
1:52:02>> THANK YOU SO MUCH, TOM AND
1:52:05COLLEAGUES. I WOULD MOVE I
1:52:07WOULD FORMALLY MOVE THIS
1:52:08AMENDMENT.
1:52:10>> SECOND. SECOND.
1:52:13>> COUNCILOR GREEN MOVES. I'M
1:52:14GOING TO SAY COUNCILOR KOYAMA
1:52:16LANE SECONDS THAT ONE.
1:52:17COLLEAGUES, WE ARE NOW IN
1:52:18DISCUSSION OF THE GREEN.
1:52:22PIRTLE-GUINEY. KANAL CLERK
1:52:23KOYAMA LANE TWO AMENDMENTS.
1:52:25COUNCILOR. NOVICK.
1:52:27>> THANK YOU, MR. PRESIDENT. I
1:52:29APOLOGIZE FOR NOT LOOKING
1:52:30CLOSELY AT THIS. THE LANGUAGE
1:52:31ABOUT LATEST FUEL PROJECTIONS
1:52:33FOR THE NEXT DECADE. I THINK,
1:52:34ACTUALLY, I'D SUGGESTED THE
1:52:36OREGON DEPARTMENT OF ENERGY'S
1:52:37PROJECTIONS OF FUEL DEMAND FOR
1:52:39THE NEXT DECADE, BUT MAYBE WE
1:52:40DON'T NEED TO SPECIFY THAT.
1:52:41MAYBE THAT'S SOMETHING THAT YOU
1:52:43WOULD AUTOMATICALLY GIVE TO US
1:52:46IF WE PASS THIS LANGUAGE.
1:52:49>> THE WE RELIED ON MULTIPLE
1:52:52FORECASTS AND PROJECTIONS, AND
1:52:53SO WE JUST RATHER THAN BE
1:52:56SPECIFIC AND WHO KNOWS WHERE
1:52:59DEPARTMENT OF ENERGY WILL BE.
1:53:00THEY. THEY ONLY DO IT EVERY TWO
1:53:02YEARS. OKAY. THE FEDS COME OUT
1:53:04EVERY YEAR. SO WE JUST LEFT IT
1:53:08UNSPECIFIED. SO WE CAN PULL
1:53:09FROM DIFFERENT, DIFFERENT DATA.
1:53:10>> OKAY. SO YOU WOULD PLAN TO
1:53:12LOOK AT ALL THOSE SOURCES.
1:53:13THANK YOU.
1:53:14>> THANK YOU. COUNCILOR NOVICK
1:53:15VICE PRESIDENT CLERK.
1:53:17>> THANK YOU, COUNCIL PRESIDENT.
1:53:19I WOULD LIKE TO MOVE TO DIVIDE
1:53:21THE QUESTION IN TITLE 17 TO
1:53:23SEPARATE THE VOTE ON AMENDMENT
1:53:24TWO.
1:53:26>> OKAY. THAT IS A MOTION BY
1:53:28RIGHT THAT IS SPECIFICALLY TO
1:53:30VOTE SEPARATELY ON AMENDMENT.
1:53:31THE SECTION TITLED AMENDMENT
1:53:33TWO AROUND AVIATION FUEL
1:53:34EXEMPTIONS AND REMAIN. LEAVE
1:53:36THE REMAINDER OF THE PACKAGE
1:53:38AMENDMENTS ONE, THREE, FOUR AND
1:53:39FIVE AS A WHOLE.
1:53:40>> YES, EXACTLY. AND I THINK
1:53:41I'M ALLOWED TO MAKE COMMENTS.
1:53:43ABSOLUTELY. I'M OBVIOUSLY VERY
1:53:46SUPPORTIVE OF THE WHOLE PACKAGE,
1:53:48BUT I DO HAVE RESERVATIONS ON
1:53:50THE IMPACT THAT THIS IS GOING
1:53:52TO PLACE ON THE PORT OF
1:53:53PORTLAND. SO I'M ASKING TO
1:53:55DIVIDE THE QUESTION SO THAT WE
1:53:57CAN VOTE ON AN AMENDMENT IN
1:53:59TITLE 17. I JUST WANT TO SAY
1:54:02THAT THE PORTLAND AIRPORT, I
1:54:03THINK WE'VE ALREADY HEARD SOME
1:54:05ABOUT THAT. THIS IS A MAJOR
1:54:07ECONOMIC ENGINE FOR OUR REGION,
1:54:09AND PARTICULARLY IN DISTRICT
1:54:11ONE AS WELL, AND RECEIVES ALL
1:54:13OF THE AVIATION FUEL FUEL FROM
1:54:15THE SEA HUB. I ALSO WANT TO SAY
1:54:17THAT THE PORT OF PORTLAND IS A
1:54:19SISTER GOVERNMENT TO US. I
1:54:21BELIEVE THE PORT OF PORTLAND IS
1:54:23A GOOD ACTOR AND WITH A MAJOR
1:54:26EXPANSION THAT WE'VE HEARD
1:54:28ABOUT AN INCREASED FLIGHT
1:54:29ACTIVITY, IT'S CLEAR THAT THERE
1:54:30IS AND THERE WILL CONTINUE TO
1:54:32BE AN INCREASED DEMAND FOR JET
1:54:33FUEL. THERE'S ALSO THE NEED TO
1:54:36SUPPORT THE AIRLINES AS THEY
1:54:37EXPAND THE USE OF SUSTAINABLE
1:54:39AVIATION FUEL, WHICH IS
1:54:41IMPORTANT TO ADVANCING CLIMATE
1:54:42GOALS AND DECARBONIZATION. AND
1:54:44I THINK WE LEARNED IN AN
1:54:46EARLIER PUBLIC HEARING THAT THE
1:54:47ADOPTION OF SUSTAINABLE
1:54:49AVIATION FUELS WILL REQUIRE
1:54:51CAPACITY TO ALLOW FOR BLENDING.
1:54:54I BELIEVE THAT WE CAN ALSO
1:54:56CONTINUE TO WORK WITH THE PORT
1:54:59TO INCREASE THEIR STORAGE
1:55:01CAPACITY AT THE PORT. I KNOW
1:55:03THEY'RE REPLACING TANKS RIGHT
1:55:04NOW, AND I WOULD LIKE TO
1:55:05BELIEVE THAT THEY CAN ACTUALLY
1:55:07INCREASE AND HAVE MORE STORAGE
1:55:09AT THE PORT. THAT'S A
1:55:10CONVERSATION THAT WE SHOULD
1:55:12CONTINUE TO HAVE. SO TO ENSURE
1:55:14THE ABILITY OF THE PORT TO
1:55:15SUPPORT INCREASED DEMAND AND
1:55:17ECONOMIC ACTIVITY FOR OUR
1:55:18REGION, AS WELL AS CRITICAL
1:55:20CARBON REDUCTIONS, WE NEED TO
1:55:22ALLOW FOR THE EXEMPTION OF
1:55:23AVIATION FUEL.
1:55:25>> THANK YOU, VICE PRESIDENT
1:55:27CLARK. OKAY.
1:55:29>> POINT OF INFORMATION.
1:55:31>> OH.
1:55:31>> IS IT JUST IS IT JUST
1:55:34REMOVING TWO. AND THEN WE WOULD
1:55:36VOTE ON ONE AND THREE AS ONE.
1:55:38OR ARE WE VOTING ON ONE, TWO
1:55:39AND THREE SEPARATELY.
1:55:40>> SORRY TO THE TOP PART HERE.
1:55:42SECTION UNDER THE GREEN
1:55:44PIRTLE-GUINEY ET AL. IT WILL
1:55:46PULL OUT JUST AMENDMENT TWO. SO
1:55:48WE WILL HAVE TWO SEPARATE VOTES.
1:55:49WILL VOTE ON AMENDMENT TWO CODE,
1:55:52REMOVE AVIATION FUEL EXEMPTION
1:55:53AND THEN A SEPARATE VOTE.
1:55:55AMENDMENTS ONE, THREE, FOUR AND
1:55:56FIVE.
1:55:57>> OKAY.
1:55:59>> OKAY. COUNCILOR GREEN.
1:56:02>> THANK YOU, COUNCIL PRESIDENT.
1:56:04I THINK GENERALLY THE CARRIER
1:56:06GETS TO CHOOSE THE ORDER IN
1:56:07WHICH THE PIECES ARE TAKEN.
1:56:11COUNCILOR. PIRTLE-GUINEY. AND I
1:56:12HAVE JUST SORT OF TALKED ABOUT
1:56:13WE WOULD LIKE TO TAKE UP THE
1:56:15VOTE ON AMENDMENT TWO, THAT
1:56:16WHICH IS BEING PULLED OUT. JUST
1:56:19GET THAT OUT OF THE WAY FIRST,
1:56:20AND THEN WE WOULD PROCEED TO
1:56:21THE REST. THE REST OF THE ITEMS.
1:56:23>> SOUNDS GOOD TO ME. FURTHER
1:56:26DISCUSSION AT THIS POINT.
1:56:27COUNCILOR. PIRTLE-GUINEY.
1:56:29>> THANK YOU, COUNCIL.
1:56:30>> PRESIDENT COUNCILOR CLARK.
1:56:32WE TRIED TO MAKE THIS EASY FOR
1:56:34FOLKS TO TALK ABOUT WITH THE
1:56:35DIFFERENT SECTIONS, BUT I'M
1:56:37NOTICING THAT IN THIS DASH TWO
1:56:40AMENDMENT TO ALSO INCLUDES THE
1:56:42CLEAN UP LANGUAGE IN THE THE
1:56:46NEW SEA. OR IF. IF THIS PIECE
1:56:49DOESN'T MOVE FORWARD, WHAT
1:56:50WOULD BE DE AROUND TRANS
1:56:52LOADING CAPACITY AND EXPANSION.
1:56:53SO I JUST HAVE A QUESTION FOR
1:56:55STAFF. AND. WELL, LET ME START
1:56:57WITH THE QUESTION FOR YOU,
1:56:58COUNCILOR CLARK, IS YOUR
1:56:59INTENTION TO REMOVE THAT ALSO
1:57:01OR IS THAT ANCILLARY DAMAGE?
1:57:04>> MY INTENTION IS TO REMOVE
1:57:05THE ENTIRE PIECE.
1:57:07>> OKAY. INCLUDING THE CHANGES
1:57:09ON TRANS LOADING CAPACITY AND
1:57:10EXPANSION. YES. OKAY. THANK YOU.
1:57:13>> IS THERE A QUESTION FOR
1:57:14STAFF? ALSO.
1:57:15>> MY QUESTION FOR STAFF WOULD
1:57:17HAVE BEEN IF THAT WAS NOT THE
1:57:19POLICY INTENTION, WHETHER WE
1:57:20WOULD BE ABLE TO PUT THAT BACK
1:57:22IN IN CONFORMING AMENDMENTS,
1:57:23BECAUSE I WORRY ABOUT
1:57:24CONFORMING WITH TITLE 33 THERE.
1:57:26BUT IF THE INTENTION IS TO
1:57:27REMOVE THAT, THEN MY QUESTION
1:57:30FOR STAFF IS MOOT.
1:57:31>> PERFECT. THANK YOU VERY MUCH.
1:57:32COUNCILOR. PIRTLE-GUINEY.
1:57:33COUNCILOR. NOVICK.
1:57:35>> CLARIFYING QUESTION. ARE WE
1:57:37TO SPEAK NOW TO WHAT WE THINK
1:57:40ABOUT THIS REMOVAL, OR JUST
1:57:41WHAT WE THINK ABOUT DIVIDING
1:57:43THE QUESTION.
1:57:44>> WE'RE DISCUSSING? WE'RE IN
1:57:45DISCUSSION OF THE OVERALL
1:57:46AMENDMENT.
1:57:47>> OKAY. I JUST WANTED TO SAY
1:57:50THAT, AS I SAID PREVIOUSLY, I
1:57:53THINK THAT MESSING WITH THE
1:57:54PORT INVITES LEGISLATIVE
1:57:56PREEMPTION. AND I'M AFRAID IF
1:57:57THEY PREEMPT US ON THIS,
1:57:58THEY'LL PREEMPT US ON OTHER
1:57:59THINGS TOO. BUT I ALSO WANTED
1:58:01TO SAY FLYING IS REALLY BAD FOR
1:58:03THE ENVIRONMENT. AND, YOU KNOW,
1:58:04MAYBE WE'LL GET TO SUSTAINABLE
1:58:06AVIATION FUEL. THAT'LL BE
1:58:07BETTER. BUT RIGHT NOW YOU CAN
1:58:09BE REALLY GOOD ABOUT THE
1:58:10ENVIRONMENT, A LOT OF THINGS.
1:58:12BUT YOU TAKE A TRANSCONTINENTAL
1:58:13FLIGHT AND YOU'RE EMITTING A
1:58:14HELL OF A LOT OF POLLUTION. SO
1:58:17I DON'T WANT ANYBODY TO
1:58:18INTERPRET MY SAYING THAT. I
1:58:20THINK THAT WE NEED TO TREAT
1:58:22AVIATION FUEL DIFFERENTLY
1:58:23BECAUSE OF WHAT I THINK THE
1:58:25LEGISLATURE MIGHT DO TO US. I
1:58:26DON'T WANT PEOPLE TO INTERPRET
1:58:27THAT AS MY SAYING FLYING IS
1:58:29GOOD BECAUSE IT'S BAD.
1:58:32>> THANK YOU. COUNCILOR. NOVICK.
1:58:34COUNCILOR. MORILLO.
1:58:36>> COUNCILOR CLARK, COULD YOU
1:58:37JUST CLARIFY FOR THIS PART? SO
1:58:39YOU WANTED TO REMOVE ALL OF
1:58:41AMENDMENT TWO, BUT COULD YOU
1:58:42CLARIFY BASED ON COUNCILOR
1:58:44PIRTLE-GUINEY QUESTION? WHY NOT
1:58:45JUST REMOVE THE AVIATION PART
1:58:47AND THEN KEEP THE REST?
1:58:51>> HE DOES. I THINK HE DOES
1:58:53THAT. IT REMOVES AVIATION FUEL
1:58:55STORAGE.
1:58:57>> BUT YOU WANT TO.
1:58:58>> REMOVE.
1:58:58>> ALL AMENDMENT.
1:58:59>> I WOULD I WANT IT ALL TO BE
1:59:01GONE.
1:59:02>> OKAY, I UNDERSTAND.
1:59:04>> TOM.
1:59:04>> IF I COULD THAT LAST PART D
1:59:08THE REFERENCE TO THE AVIATION
1:59:10FUEL STORAGE EXPANSION REVIEW
1:59:13IS A IS A CONFORMING AMENDMENT
1:59:16TO REFLECT THE TITLE 33 CHANGES.
1:59:19SO I SUGGEST THAT YOU EITHER
1:59:20LEAVE THAT THERE OR WE CAN
1:59:23ADDRESS IT WITH IN THE
1:59:25TECHNICAL CONFORMING AMENDMENTS
1:59:26THAT YOU'LL SEE ON NOVEMBER 5TH.
1:59:29>> I WOULD PREFER THAT WE JUST
1:59:31DEAL WITH IT IN THE TECHNICAL
1:59:32AMENDMENTS AND NOT DO IT NOW.
1:59:35>> OKAY. THANK YOU VERY MUCH.
1:59:37COUNCILOR. MORILLO. COUNCILOR
1:59:38KANAL.
1:59:41>> YEAH, I APPRECIATE THIS
1:59:43CONVERSATION. I WILL BE VOTING
1:59:44YES ON THIS AMENDMENT. SO JUST
1:59:46TO CLARIFY, WE'RE DEBATING
1:59:47WHETHER OR NOT TO APPROVE
1:59:49AMENDMENT TWO RIGHT NOW. AND
1:59:50THEN WE WILL TAKE A VOTE IN
1:59:52WHICH, YES IS TO DO AMENDMENT
1:59:53TWO. AND NO IS NOT.
1:59:55>> WE ARE STILL IN DISCUSSION
1:59:56OF THE OVERALL GREEN
1:59:57PIRTLE-GUINEY KANAL CLARK
1:59:59KOYAMA LANE TWO.
1:59:59>> THOUGHT IT HAD BEEN DIVIDED.
2:00:00>> BUT THE QUESTION HAS BEEN
2:00:02DIVIDED FOR THE PURPOSES OF
2:00:03VOTING. BUT WE ARE STILL IN THE
2:00:05DISCUSSION.
2:00:06>> OKAY, WELL THEN I'LL DO BOTH
2:00:07PARTS TOGETHER HERE. SO WITH
2:00:08RELATION TO PART TWO, FIRST,
2:00:11THE SAME QUESTION ISSUE THAT
2:00:13WAS RAISED BY COUNCILORS
2:00:15PIRTLE-GUINEY AND MORILLO. THE
2:00:18THE CHANGE IN WHAT THAT REVIEW
2:00:20DOES TO INCLUDE TRANS LOADING
2:00:23CAPACITY. AND THAT'S REALLY
2:00:24SIGNIFICANT IN OTHER PARTS OF
2:00:25IT. AND SO KEEPING THAT TEXT IN,
2:00:28AS WAS JUST MENTIONED BY STAFF,
2:00:30EXCUSE ME, AS WAS MENTIONED BY
2:00:32STAFF, IS REALLY IMPORTANT. SO
2:00:34I'LL BE SUPPORTING THAT. I ALSO
2:00:35THINK THAT THE THE SAME
2:00:37ARGUMENTS IS APPLIED IN THE
2:00:38PREVIOUS ORDINANCE AROUND THE
2:00:40IDEA THAT, YOU KNOW, WE CAN
2:00:42STILL INCREASE. I THINK THERE'S
2:00:44A THERE'S A IT'S BEING
2:00:46CHARACTERIZED AS DOING. THIS
2:00:48MEANS THE PORT CAN'T EXPAND
2:00:49WHAT IT DOES. I DON'T THINK
2:00:51THAT'S WHAT'S HAPPENING HERE.
2:00:52PORT CAN EXPAND WHAT IT DOES.
2:00:54IT'S JUST THAT FOR THE FOLKS
2:00:55WHO ARE OPERATING TANKS AT THE
2:00:58CEI HUB, THEY WOULD HAVE TO
2:00:59REDUCE OTHER FUELS
2:01:03PROPORTIONATE TO THE INCREASE
2:01:05IN CAPACITY FOR FOR AVIATION
2:01:08FUEL. THIS IS WHAT OTHER
2:01:10BUSINESSES DO. THIS IS PRETTY
2:01:12NORMAL. YOU KNOW, YOU CREATE
2:01:13MORE SHELF SPACE FOR THE STUFF
2:01:15THAT'S SELLING. AND I THINK
2:01:16IT'S, IT'S THE IDEA THAT IF
2:01:17THERE IS THIS GROWTH THAT IS
2:01:19BEING MODELED IN AVIATION FUEL
2:01:22NEED AND DEMAND THAT THERE IS A,
2:01:25A, A SINGULAR ASSESSMENT THAT'S
2:01:28BEING DONE HERE OF EVERYTHING
2:01:29TOGETHER. SO THAT'S, THAT'S THE
2:01:31UNDERLYING ARGUMENT HERE. SO
2:01:32I'LL BE SUPPORTING THAT. I
2:01:33DON'T NECESSARILY THINK WE NEED
2:01:35WE HAVEN'T HEARD ANY ARGUMENT
2:01:37AGAINST THE THE REST OF IT. SO
2:01:39I'LL JUST SIMPLY STATE I
2:01:40SUPPORT IT AND I APPRECIATE ALL
2:01:42THE FOLKS WHO ARE INVOLVED IN
2:01:43IT, IN PARTICULAR THE ADVOCATES
2:01:45AND THE TEAMS OF STAFF FROM MY
2:01:48COLLEAGUES UP HERE. THANKS.
2:01:49>> THANK YOU. COUNCILOR KANAL
2:01:50COUNCILOR GREEN.
2:01:52>> THANK YOU. JUST SPEAKING TO
2:01:55THE AMENDMENT TWO PART FOR A
2:01:57MOMENT, JUST TO JUST FOR FOLKS
2:02:00TO UNDERSTAND THE REASON WHY
2:02:02THAT WAS STRIKING THAT
2:02:03EXEMPTION IS BECAUSE THE SORT
2:02:05OF COMPROMISE PIECE WAS WE'RE
2:02:07GOING TO PUT WE'RE PUTTING
2:02:08WE'RE CREATING THIS SHORT TERM
2:02:10RELIEF VALVE. IN TITLE 33 FOR
2:02:15THE PORT'S EXPANSION OF OF
2:02:18AVIATION FUEL. AND SO
2:02:21ULTIMATELY, THIS IS ALL
2:02:22GOVERNED BY THE TITLE 33.
2:02:27CAPACITY REVIEW. AND SO TAKE IT
2:02:30OR LEAVE IT. THAT WAS THE
2:02:31MOTIVATION WHY THIS PART WAS
2:02:33STRUCK ON THE EXEMPTION, WHILE
2:02:35THE OTHER PART LIVED ON. I WILL
2:02:41BE SO I WILL BE VOTING YES ON
2:02:43THIS. I ALWAYS GET CONFUSED. I
2:02:45GET BACKWARDS ON THE DIVISION
2:02:46OF THE QUESTION PIECE. SO. SO
2:02:48I'LL BE I'LL BE SUPPORTING TOO.
2:02:49AND THEN I ALSO JUST WANT TO
2:02:51DRAW YOUR ATTENTION TO THE
2:02:52FIRST PART OF THIS AMENDMENT,
2:02:54WHICH IS THE DIRECTIVE. THAT'S
2:02:55A REALLY IMPORTANT PIECE THAT
2:02:59PROVIDES THAT COUNCIL
2:03:02PREROGATIVE TO BRING FORWARD A
2:03:04REPLACEMENT DRAWDOWN PROGRAM,
2:03:06NOT NECESSARILY SORT OF AN
2:03:08ALTERNATIVE, BUT REALLY TRYING
2:03:09TO SAY THE 20% BY 2036 WAS, WAS
2:03:12OUR STARTING POSITION. IT'S A
2:03:13GOOD THING TO START WITH, BUT
2:03:15WE DO WANT TO GET A DIFFERENT
2:03:17METHODOLOGY AND WE WANT WE WANT
2:03:18TO START THAT WORK NEXT YEAR.
2:03:20SO THAT'S WHAT THAT DIRECTIVE
2:03:21DOES. AND I, I HOPE THAT WE CAN
2:03:23SUPPORT ALL OF THE SUB
2:03:25AMENDMENTS HERE. BUT BUT, YOU
2:03:27KNOW, AT LEAST ONE, THREE, FOUR
2:03:29AND FIVE. THANKS.
2:03:30>> THANK YOU, COUNCILOR GREEN.
2:03:31COUNCILOR ZIMMERMAN.
2:03:33>> JUST A CLARIFYING QUESTION
2:03:34FROM THIS. MANY SPONSORS OF.
2:03:37IT'S UNUSUAL TO GET SOMETHING
2:03:39SPLIT BY ONE OF THE SPONSORS.
2:03:40I'M A LITTLE BIT CONFUSED, LIKE
2:03:42WHERE AND HOW THIS WAS WRITTEN.
2:03:45AND THEN WHO ACTUALLY DICTATES
2:03:47WHAT GETS CALLED FIRST SINCE
2:03:48YOU'RE ALL SPONSORS. SO WHERE
2:03:51DID THIS ALL COME FROM?
2:03:54>> I MEAN, MY OFFICE, I THINK,
2:03:57TOOK THE LEAD ON SHEPHERDING
2:03:58ALL THIS WITH ALL THE ADVOCATES
2:04:00PULLING TOGETHER ALL THE
2:04:02MEETINGS AND COUNCILOR
2:04:05PIRTLE-GUINEY ALSO SPENT A LOT
2:04:07OF TIME JUST DRAFTING WITH MY
2:04:09TEAM. AND SO THE THINGS THAT
2:04:11ARE THERE, RIGHT, REFLECT THE
2:04:14SORT OF BACK AND FORTH, DAY BY
2:04:16DAY WORK WITH THESE ADVOCATES.
2:04:18NOT EVERY OFFICE WAS ABLE TO DO
2:04:20THAT. AND I THINK WE UNDERSTOOD
2:04:24THAT THE REASON WHY WE ORGANIZE
2:04:25IT AS LIKE ONE UNIFIED DOCUMENT
2:04:27WITH A BUNCH OF SUB PIECES IS
2:04:28THERE WAS ALWAYS A WORLD WHERE
2:04:30MAYBE SOME COMFORT LEVELS MIGHT
2:04:32DEPART AND SOME PEOPLE MIGHT
2:04:33DECIDE, HEY, I'M NOT, I'M NOT
2:04:35GOOD WITH THIS PART, BUT BUT
2:04:36I'M GOOD WITH THE REST. SO I
2:04:38THINK THAT'S WHY YOU'RE SEEING
2:04:39I MEAN, COUNCILOR CLARK CAN
2:04:40SPEAK FOR HERSELF, BUT I. BUT I
2:04:42SUSPECT THAT THAT'S WHAT'S
2:04:43WHAT'S HAPPENING HERE, THERE.
2:04:45>> THANK YOU, MR. PRESIDENT.
2:04:47THERE WAS ALWAYS THE
2:04:48UNDERSTANDING THAT THERE WAS A
2:04:49CAVEAT HERE, AND I THINK I MADE
2:04:51THAT REALLY CLEAR TO MY
2:04:53CO-SPONSORS THAT THIS PIECE
2:04:55WOULD I WOULD NOT BE SUPPORTING.
2:04:56BUT THE OVERALL, I AM.
2:04:59>> OKAY. YEAH, IT'S JUST A
2:05:00LITTLE CONFUSING WHEN YOU ALL
2:05:01HAVE YOUR NAMES ON IT. SO GOING
2:05:03DOWN TO AMENDMENT NUMBER FOUR,
2:05:04THE CITY ADMINISTRATOR MUST
2:05:06IMPOSE. MOST OF THE TIME WHEN
2:05:09WE DO THINGS WE SAY MAY IMPOSE.
2:05:12IS THIS A SIGNIFICANT CHANGE TO
2:05:14OTHER CODE WITHIN THE CITY OF
2:05:17PORTLAND'S PENALTY STRUCTURE?
2:05:21I'M ACTUALLY NOT FAMILIAR WITH
2:05:22ANY MUST IMPOSES.
2:05:26>> I WOULD DEFER TO THE CITY
2:05:28ATTORNEY. WE LOOKED INTO THIS
2:05:30AND THE. AND THE GUIDANCE AND
2:05:31THE CONSISTENCY WAS TO USE. IN
2:05:33THIS SITUATION, THE WORD MUST.
2:05:37>> FROM WHO GUIDANCE AND
2:05:38CONSISTENT FROM ATTORNEYS. OKAY.
2:05:40>> AS OPPOSED TO MAY OR WELL.
2:05:43OKAY. SO SO THE THE THE REQUEST
2:05:46WAS TO PUT SHELL AND OUR OFFICE
2:05:48HAS BEEN ADVISING TO NOT USE
2:05:50SHELL. IF THE INTENT IS THAT
2:05:51IT'S A MANDATE. SO IF WE'RE
2:05:53TALKING ABOUT VERSUS SHELL,
2:05:56THAT'S SEPARATE. BUT IF IT'S
2:05:57MUST VERSUS MAY, YES, MOST OF
2:06:01THE CODE RIGHT NOW SAYS THAT
2:06:03THE CITY ADMINISTRATOR MAY AND
2:06:04GIVES THAT DISCRETION TO THE
2:06:05CITY ADMINISTRATOR. WE FELT
2:06:08THAT THE CHARTER AND THE CODE
2:06:10DOES NOT LIMIT THE COUNCIL'S
2:06:12AUTHORITY TO CHANGE THAT FROM A
2:06:14DISCRETION AND A MANDATE.
2:06:15>> I CERTAINLY DON'T I AGREE
2:06:16WITH IT. IT DOESN'T. I'M JUST
2:06:18ASKING ABOUT PRACTICE. THIS
2:06:19SEEMS LIKE A SHIFT FROM
2:06:22PRACTICE, WHICH IS WE GENERALLY
2:06:23WRITE CODE TO SAY THE CITY
2:06:25ADMINISTRATOR MAY.
2:06:26>> AGREE TO.
2:06:27>> DO SOMETHING.
2:06:27>> AND IT IS A TERM THAT I WAS
2:06:30UNABLE TO FIND OTHER PENALTIES
2:06:31WHERE THE CITY ADMINISTRATOR
2:06:32WAS REQUIRED TO IMPOSE THEM AS
2:06:34OPPOSED TO. IT IS, BUT IT IS
2:06:36SOMETHING WITHIN COUNCIL'S
2:06:38AUTHORITY TO REQUIRE.
2:06:39>> COUNCILOR IN PRACTICE. THE
2:06:42WAY I'VE SEEN THIS PLAY OUT IS
2:06:43WHEN IT SAYS MAY. OFTEN THE
2:06:46BUREAUS WILL NOT IMMEDIATELY
2:06:48IMPOSE A PENALTY IF THERE IS
2:06:50MOTION TOWARDS COMPLIANCE
2:06:52QUICKLY, AND WE USE THAT AS A
2:06:55CARROT TO MOVE PEOPLE TOWARDS
2:06:57COMPLIANCE.
2:06:58>> RIGHT. SO I'M GLAD WE'RE
2:07:00GETTING IN ON THIS. I GUESS
2:07:02WORDS MATTER WHEN YOU HAVE THIS
2:07:03MUCH COMING OUT OF AMENDMENTS.
2:07:07SO MUST IMPOSE PENALTIES AND
2:07:09FINES ON A BULK FUEL TERMINAL
2:07:11OWNER OR RESPONSIBLE PARTY WHO
2:07:13FAILS TO COMPLY WITH THE
2:07:14REQUIREMENTS. OKAY, WE ALL WE
2:07:15ALL GET THAT. I MEAN, MAY OR
2:07:18MUST IS DIFFERENT THERE OR WHO
2:07:20HAS MISREPRESENTED REPRESENTED
2:07:22ANY MATERIAL FACT. WHAT
2:07:25CONSTITUTES A MATERIAL FACT?
2:07:29I'M JUST TRYING TO GET A SENSE
2:07:31OF LIKE, WHAT ARE WE TALKING
2:07:33ABOUT? ARE WE TALKING ABOUT IF
2:07:34THERE'S AN ERROR IN A DOCUMENT
2:07:36AND NOW ALL OF A SUDDEN WE MUST
2:07:38IMPOSE OR WHAT ARE WE TALKING
2:07:39ABOUT? AND HERE'S THE THING. I
2:07:42WOULDN'T HAVE TO ASK THAT
2:07:44QUESTION. IF THE ANSWER, IF THE
2:07:45IF THE WORD WAS MAY, BECAUSE
2:07:47MAY WOULD MEAN THAT I'VE GOT
2:07:49PROFESSIONALS WHO CAN USE
2:07:50DISCRETION ABOUT SITUATIONS.
2:07:51BUT NOW WE'RE GOING TO USE THE
2:07:53WORD MUST. SO NOW I HAVE TO
2:07:54KNOW WHAT WE MEAN BY MATERIAL
2:07:56FACT. AND SO THESE HAVE
2:07:57CASCADING EFFECTS. AND I HAVE
2:07:59HEARD NO ONE SPEAK TO THAT.
2:08:05BUELLER.
2:08:06>> I MEAN, MAY I PLEASE. YEAH.
2:08:09I MEAN, I THINK THIS IS A
2:08:10SITUATION WHERE THE CARRIERS
2:08:13THOUGHT IT APPROPRIATE TO PUT
2:08:16MORE DEFINITIVE DECLARATIVE
2:08:18LANGUAGE THERE, BECAUSE THE
2:08:22OPERATIVE PART OF THIS IS THAT
2:08:23THE PENALTY IS WHEN THE
2:08:27OPERATOR FAILS TO COMPLY WITH
2:08:29THE REQUIREMENTS OF THE CHAPTER
2:08:30AND HAS MISREPRESENTED SOME
2:08:32MISREPRESENTATION IS NOT A
2:08:33MISTAKE. IT IS. IT IS A WILLFUL
2:08:37OBFUSCATION OF THE FACT. AND SO
2:08:39THE IDEA HERE IS WE WANTED TO
2:08:41MAKE SURE THAT IT'S CRYSTAL
2:08:42CLEAR THAT IF YOU WILLFULLY
2:08:44MISREPRESENT THE FACTS AND YOU
2:08:46FAIL TO COMPLY, YOU WILL BE
2:08:48FINE. AND IT'S NOT UP TO SOME
2:08:49FUTURE CITY ADMINISTRATOR
2:08:50WHETHER THEY CHOOSE TO LET THIS
2:08:53OPERATOR SLIDE OR NOT. SO I
2:08:54THINK THAT DOES REPRESENT,
2:08:56AGAIN, THIS IDEA THAT IT'S OUR
2:08:58PREROGATIVE TO TO REGULATE, YOU
2:09:01KNOW, FOSSIL FUEL COMPANIES TO
2:09:02DO BUSINESS IN OUR IN OUR CITY
2:09:04AND THAT WE WILL HOLD THEM
2:09:05ACCOUNTABLE WHEN THEY DON'T
2:09:06TELL THE LINE.
2:09:09>> AND IS THIS A CONCERN THAT
2:09:13THE SPONSORS HAVE NOW? IS THAT
2:09:15THE CITY ADMINISTRATOR HASN'T
2:09:17GOT GOOD JUDGMENT TO IMPOSE IN
2:09:20A MAY TYPE OF SITUATION? YOU'VE
2:09:22CHOSEN VERY DELIBERATELY, AND
2:09:24THAT ALL IT ON ITS SURFACE.
2:09:27RIGHT. IT SOUNDS GOOD. BUT THEN
2:09:28TO KNOW THAT WE HAVE LITERALLY.
2:09:30I CAN'T THINK OF A SINGLE AREA
2:09:32IN CITY CODE WHERE WE USE THIS
2:09:33WORD. THIS SEEMS LIKE A TIDAL
2:09:35SHIFT. AND, AND WE KIND OF
2:09:37GLANCING OVER IT AND I'D LIKE
2:09:39TO UNDERSTAND. SO THANK YOU,
2:09:40COUNCILOR GREEN. I DO
2:09:41APPRECIATE YOUR ARGUMENT. THERE
2:09:42ARE MANY OTHER MEMBERS WHO
2:09:44THEIR NAMES ARE ON THIS. AND
2:09:46NOW I'M AT THE POINT WHERE I'M
2:09:48NOT SURE HOW MANY READ IT
2:09:49BECAUSE WE GOT PEOPLE PULLING
2:09:50NAMES FROM IT. SO I'D LIKE TO
2:09:52UNDERSTAND WHAT WHAT FOUR IS
2:09:53REALLY ABOUT.
2:09:54>> COUNCIL PRESIDENT.
2:09:55>> IF I MAY, COUNCILOR, I WANT
2:09:59TO ADDRESS YOUR FIRST QUESTION
2:10:01TO THE SPONSORS FIRST, AND THEN
2:10:04I HAVE A NOTE ON THIS AS WELL.
2:10:05AND THAT IS THAT YOU WILL NOTE
2:10:07THAT THERE IS ONE AREA, ONE
2:10:10TOPIC AREA WHERE ONE OF THE
2:10:13JOINT CO-SPONSORS OF THE
2:10:15AMENDMENT SUBMITTED A SEPARATE
2:10:18AMENDMENT PUSHING US FURTHER IN
2:10:20ONE DIRECTION, AND ANOTHER
2:10:21CO-SPONSOR IS DIVIDING THE
2:10:22QUESTION TO PUSH US A LITTLE
2:10:24FURTHER THE OTHER WAY. AND I
2:10:25THINK WHAT YOU SEE IS THAT
2:10:27THERE IS A WHOLE LOT THAT WE
2:10:28ALL AGREED ON, AND ONE TOPIC
2:10:30AREA AROUND AVIATION FUEL WHERE
2:10:32THERE JUST WASN'T AS MUCH
2:10:33AGREEMENT. AND SO WE FIGURED
2:10:35OUT A WAY TO BE ABLE TO COME
2:10:37TOGETHER BECAUSE WE AGREED ON
2:10:38THE BULK OF WHAT IS HERE, AND
2:10:40TO ALSO ALLOW CO-SPONSORS WHO
2:10:42WANTED TO PROPOSE DOING A
2:10:44LITTLE DIFFERENTLY ONE WAY OR
2:10:46THE OTHER, TO DO THAT
2:10:48RESPECTFULLY OF EACH OTHER,
2:10:49WITH FULL COMMUNICATION WITH
2:10:50EACH OTHER. SO I JUST WANT TO
2:10:51NOTE THAT ON AMENDMENT FOUR. TO
2:10:59ANSWER YOUR QUESTION PLAINLY, I
2:11:02HAVE NO REASON NOT TO TRUST OUR
2:11:04CURRENT CITY ADMINISTRATOR TO
2:11:07MOVE FORWARD WITH PENALTIES AND
2:11:08FINES WHEN THEY MAY BE
2:11:09NECESSARY. WE GOVERN NOT JUST
2:11:11FOR TODAY, BUT FOR THE LONG
2:11:13HAUL. AND THERE IS A LONG
2:11:16HISTORY. NOT IN PORTLAND
2:11:18SPECIFICALLY, THOUGH I WOULDN'T
2:11:19SAY IT HASN'T HAPPENED HERE,
2:11:20BUT BROADLY, WITH CITIES
2:11:24STRUGGLING TO HOLD LARGE FOSSIL
2:11:28FUEL COMPANIES ACCOUNTABLE,
2:11:30WHEN WE ARE TALKING ABOUT THE
2:11:32POTENTIAL FOR ENVIRONMENTAL
2:11:34HAZARD AND HEALTH HAZARD, AND
2:11:35YOU SEE THROUGH THE THE
2:11:39LAWSUITS THAT HAVE MOVED
2:11:40THROUGH COURTS WORK TO MAKE
2:11:43SURE THAT THAT ACCOUNTABILITY
2:11:44IS THERE. AND BECAUSE WE ARE
2:11:46DEALING WITH THAT PART OF THE
2:11:48LAW, BECAUSE WE ARE DEALING
2:11:49WITH LAND USE, BECAUSE WE ARE
2:11:51DEALING WITH ENVIRONMENTAL
2:11:52HEALTH AND HUMAN HEALTH, AND
2:11:54THE POTENTIAL FOR RISK THAT WE
2:11:56HAVE AT A FACILITY LIKE THIS.
2:12:00WE STRENGTHEN THE WORD NOT TO
2:12:02CREATE A LANDSLIDE SHIFT IN
2:12:04EVERYTHING WE DO AT THE CITY,
2:12:05BUT TO RECOGNIZE THE IMPORTANCE
2:12:07OF THIS PIECE AND THIS SPACE,
2:12:09AND THE FACT THAT WE ARE
2:12:12LEGISLATING FOR THE LONG HAUL.
2:12:15>> AND COUNCILOR KANAL ALSO
2:12:16WANTED TO RESPOND.
2:12:17>> THANK YOU.
2:12:18>> YEAH, THANKS. I'LL JUST NOTE
2:12:20THE WORD MUST APPEARS 706 TIMES
2:12:24IN TITLE 17 OF THE CODE, WHICH
2:12:26IS WHAT WE'RE WORKING ON HERE.
2:12:28THEY'RE ALL A LITTLE DIFFERENT.
2:12:29MOST OF THEM ARE ABOUT HOW, YOU
2:12:33KNOW THE WHAT AN APPLICANT MUST
2:12:35SUBMIT. BUT THERE ARE EXAMPLES
2:12:37OF WHAT THE WORD MUST IS USED
2:12:39TO PUT IMPOSITION UPON THE CITY.
2:12:42AND I'LL ALSO NOTE THAT I
2:12:44DIDN'T BOTHER CHECKING THIS FOR
2:12:45SHELL, BUT THAT THE CITY
2:12:46ATTORNEYS. I THINK IT'S THE
2:12:47SHELL VERSUS MUST IS A
2:12:49ANTIQUATED TEXT PROVISION. I'M
2:12:50SEEING A NOD THERE. SO THERE
2:12:51MAY WELL ALSO BE THE WORD SHELL
2:12:54ADDITIONAL TIMES. BUT FOR
2:12:56EXAMPLE, IN 1713 130, THE CITY
2:12:58MUST UNDERTAKE A REVIEW. 1713
2:13:00140 THE CITY MUST EXPEND STC
2:13:02REVENUES. THERE'S A LOT OF
2:13:03THOSE SORTS OF THINGS. MUCH OF
2:13:06OUR CODE HAS NOT YET BEEN
2:13:08UPDATED TO SPECIFICALLY MENTION
2:13:09THE CITY ADMINISTRATOR. THAT'S
2:13:11WHY THAT THAT'S A PART OF OUR
2:13:13GENERAL CODE UPDATES FOR A
2:13:15POSITION THAT EXIST WHEN THE
2:13:17OVERWHELMING MAJORITY OF CODE
2:13:18WAS WRITTEN. BUT THERE ARE, I
2:13:20WOULD SAY IT IS A MINORITY OF
2:13:22THAT 706 TIMES. BUT THERE ARE A
2:13:25LOT OF PLACES WHERE MUST IS
2:13:26IMPOSED UPON US FOR THE
2:13:29SPECIFIC USAGE. I AGREE WITH
2:13:30EVERYTHING THAT COUNCILOR
2:13:31PIRTLE-GUINEY SAID, AND I ALSO
2:13:32THINK THAT COUNCILOR GREEN KIND
2:13:34OF TOUCHED ON A POINT ABOUT,
2:13:35YOU KNOW, PEOPLE ARE GOING TO
2:13:36SEE THIS AND UNDERSTAND THAT
2:13:38THAT MEANS IT'S HAPPENING. IF
2:13:39THERE IS A WILLFUL I THINK THE
2:13:41WORD IS MISREPRESENTATION. THEY
2:13:42USED. SO THAT I WOULD SAY IS,
2:13:45IS THE THE OTHER PIECE THAT
2:13:46THAT'S MORE SPECIFIC, BUT JUST
2:13:48IN TERMS OF A GENERAL SENSE,
2:13:49THIS IS SOMETHING WE'VE WE'VE
2:13:50DONE BEFORE.
2:13:51>> ARE THERE ANY OF THOSE
2:13:52PENALTIES BECAUSE YOU MENTIONED
2:13:53706? ARE ANY OF THEM IN A
2:13:55PENALTY SECTION? BECAUSE MY
2:13:56QUESTION WAS SPECIFICALLY ABOUT
2:13:57PENALTY AND NOT THE WORD MUST.
2:13:59I'D BE.
2:14:00>> HAPPY TO.
2:14:00>> GO THROUGH.
2:14:01>> THEM FOR YOU. THE ATTORNEY
2:14:03HAS SAID NO, SO I. SO I
2:14:05RECOGNIZE THAT THE WORD MUST IS
2:14:06A COMMON WORD IN THE UNITED
2:14:08STATES AND IN ENGLISH, I GET IT,
2:14:09BUT THAT WASN'T REALLY THE
2:14:11QUESTION. SO I KIND OF FIND
2:14:12YOUR ARGUMENT A LITTLE SILLY
2:14:14THAT I WAS SPECIFICALLY TALKING
2:14:15ABOUT. IN THE PENALTY SECTION.
2:14:17WE HAVE GENERALLY SET UP A
2:14:19SYSTEM THAT LOOKS FOR
2:14:21MITIGATION. AND SO I'M ASKING
2:14:23IF THERE ARE OTHER MUSTS IN OUR
2:14:25PENALTY SECTIONS THAT THE CITY
2:14:28MUST IMPOSE A PENALTY OR IF
2:14:30THEY'RE DISCRETIONARY. THAT
2:14:32>> WAS MY QUESTION.
2:14:33>> OKAY. WELL, THEN TO BE MORE.
2:14:34>> SPECIFIC AND IF IT'S. YES, I
2:14:36WANT TO HEAR THAT.
2:14:37>> SO IF YOU'LL ACCEPT WILL AS
2:14:39A SYNONYM. 1726 170 PENALTY FOR
2:14:42VIOLATION. ANY PERSON VIOLATING
2:14:44ANY OF THE PROVISIONS OF THIS
2:14:45CHAPTER WILL, UPON CONVICTION,
2:14:47BE PUNISHED BY A FINE NOT
2:14:49EXCEEDING $500. AND THEN IN THE
2:14:51LATER SECTION, IT SAYS WILL BE
2:14:53SUBJECT TO THE PENALTY. SO USES
2:14:54THE WORD WILL TWICE.
2:14:56>> OKAY. SO I, I THINK THAT
2:15:03COUNCILOR PIRTLE-GUINEY YOUR
2:15:05ARGUMENTS ABOUT GOVERNING FOR
2:15:07THE LONG, LONG HAUL, OR
2:15:09ACTUALLY THE REASONS WHY I
2:15:10THINK MAY IS THE IMPORTANT WORD
2:15:13HERE, BECAUSE I THINK THAT THAT
2:15:16ENABLES GOOD DECISION MAKING
2:15:18OUTSIDE OF 2026. AND. I THINK
2:15:23IT'S TWO SIDES OF A SIMILAR
2:15:25ARGUMENT HERE. I THINK I HEAR
2:15:26WHAT YOU'RE SAYING AND. IT'S
2:15:30NOT THAT THERE WOULD BE A
2:15:31REASON NOT TO IMPOSE PENALTIES,
2:15:34BUT I BUT TO BE YOU KNOW, I'M
2:15:35WRITING OTHER CODE RIGHT NOW
2:15:37THAT HAS TO DO WITH PENALTIES.
2:15:38AND SO THIS IS I'M ZEROING IN
2:15:40ON THIS BECAUSE WE WERE CLEAR
2:15:41ABOUT AND TRYING TO BE
2:15:43DESCRIPTIVE IN TERMS OF THE
2:15:44WORDS WE USE. AND SO. THIS IS
2:15:49THIS IS GIVING ME SOME PAUSE. I
2:15:52APPRECIATE BOTH YOURS AND
2:15:53COUNCILOR GREEN'S EXPLANATION
2:15:55OF THOSE. THOSE ARE BOTH
2:15:57IMPORTANT. AND FOR ME, VERY BIG
2:16:03SHIFTS IN HOW WE DO IT. IF I'M
2:16:05A PERSON WHO DOESN'T BELIEVE IN.
2:16:08MANDATORY SENTENCES, SO TO
2:16:10SPEAK, RIGHT. I BELIEVE IN.
2:16:11WE'VE SET. WE SET OUR. WE SET
2:16:13OUR PENALTY STRUCTURES, WE SET
2:16:14ALL THAT. AND THERE'S ALSO
2:16:16USUALLY A. THERE'S USUALLY A
2:16:17CURE ISSUE, BUT I DO VERY MUCH
2:16:20COUNCILOR GREEN. I DO
2:16:22APPRECIATE THE MISREPRESENTED
2:16:23MEANING. THERE WAS A A
2:16:26DELIBERATE ASPECT TO THAT. AND
2:16:29SO THAT ONE THAT HOLDS WATER
2:16:32FOR ME, I GO BACK TO WHO THEN
2:16:36DETERMINES WHAT A MATERIAL FACT
2:16:41IS IN A SITUATION.
2:16:47>> COUNCILOR IS THAT AN ACTUAL
2:16:49QUESTION YOU'RE LOOKING FOR?
2:16:50STAFF ANSWER.
2:16:51>> ANYBODY WHO FEELS THEY ARE
2:16:52EQUIPPED TO ANSWER WOULD BE
2:16:53FINE. I'M GETTING A LOT OF
2:16:55BUELLER MOMENTS, SO IT'S OKAY.
2:16:58I THINK THAT I THINK NUMBER
2:16:59FOUR WAS KIND OF SEEN AS THE
2:17:01ONE THAT NOBODY WANTED TO TALK
2:17:02ABOUT, BUT THIS IS THE ONE THAT
2:17:04I FEEL LIKE ACTUALLY HAS A BIG
2:17:06DIFFERENCE HERE. I KNOW YOU
2:17:07WROTE NOVELS FOR NUMBER THREE,
2:17:08BUT BUT NUMBER FOUR IS SOME NEW
2:17:10LANGUAGE THAT'S DIFFERENT.
2:17:15>> WELL, I WOULD THINK THAT THE
2:17:17CITY ADMINISTRATOR WOULD
2:17:19DETERMINE IF IT WAS A
2:17:22MISREPRESENTATION OR A, AN
2:17:23ERROR AND THAT THAT THAT
2:17:28MISREPRESENTATION ROSE TO THE
2:17:29LEVEL OF A MATERIAL FACT. AND I
2:17:31WOULD GUESS THAT THE PARTY ON
2:17:33THE OTHER SIDE WOULD THEN HAVE
2:17:36IF THEY DISAGREED, RIGHT, THEY
2:17:39WOULD HAVE THEIR DAY IN COURT
2:17:42TO ARGUE THE OPPOSITE. IS THAT
2:17:45RIGHT? I LOOK FOR LEGAL COUNSEL
2:17:48ON THAT INTERPRETATION, BUT.
2:17:50>> YES, THAT IS HOW I READ IT,
2:17:52IS THAT THE CITY ADMINISTRATOR
2:17:54WOULD DETERMINE WHETHER OR NOT
2:17:55THE FACT, AND THEN, AS IT'S
2:17:56CURRENTLY DRAFTED, MUST IMPOSE.
2:18:00WILL IS TYPICALLY USED IN A
2:18:03LITTLE BIT. SOMETHING WOULD
2:18:04HAPPEN IN THE FUTURE. IT'S NOT
2:18:09MANDATORY IN THE MOMENT. AND
2:18:11THEN MAY IS THE MOST PERMISSIVE.
2:18:15>> THANK YOU FOR THAT. OKAY.
2:18:21INTO NUMBER THREE IN THE THE
2:18:25INVENTORY AND REPORTING
2:18:26REQUIREMENTS, THERE'S A
2:18:27SIGNIFICANT AMOUNT OF CHANGE IN
2:18:29NUMBER THREE IN THE IN THE
2:18:30LANGUAGE. I AM CURIOUS, AGAIN,
2:18:38WITH THESE AMENDMENTS SIMILAR
2:18:39TO THE LAST SET ABOUT. I HAVE A
2:18:44SENSE OF WHERE THEY'VE COME
2:18:45FROM, FROM THE FROM THE
2:18:46ADVOCATES AND FROM THE SPONSORS,
2:18:48BUT I'M CURIOUS IN PARTICULAR
2:18:50HERE, OR FRANKLY, I'LL OPEN IT.
2:18:52ARE THERE CONCERNS AMONGST ANY
2:18:54OF THESE ONE THROUGH FIVE FROM
2:18:56STAFF, GIVEN THAT YOU DIDN'T
2:18:58INCLUDE THEM, OR THAT A LOT OF
2:18:59WHAT YOU WROTE HAS NOW BEEN
2:19:01REDLINED OUT? SO USUALLY IF I
2:19:04WRITE A DOCUMENT AND A LOT OF
2:19:05THINGS GET REDLINED OUT, I
2:19:07WOULD PROBABLY HAVE SOME
2:19:08CONCERNS ABOUT IT. SO I'M VERY
2:19:09CURIOUS OF WHERE YOUR RED FLAGS
2:19:11ARE, WHAT ONES THAT YOU WOULD
2:19:12LIKE TO ADVOCATE FROM THE
2:19:13POSITION BE PASSED, AND WHICH
2:19:15WHAT YOU THINK SHOULD NOT BE
2:19:16PASSED OUT OF THESE FIVE.
2:19:22>> I THINK SPECIFICALLY TO THE
2:19:24REPORTING REQUIREMENTS. I THINK,
2:19:26AGAIN, YOU KNOW, THE ITERATIVE
2:19:28PROCESS AND WORKING WITH THE
2:19:30COMMUNITY AND UNDERSTANDING AND
2:19:32WHAT WE'VE HEARD EVEN FROM
2:19:35INDUSTRY, ABOUT THE NEED FOR
2:19:36GOOD DATA TO MAKE A DECISIONS
2:19:38OR MAKE ADJUSTMENTS IN THE
2:19:40FUTURE. THAT'S WHY YOU SEE A
2:19:42LOT OF CHANGES HERE AND
2:19:44ESPECIALLY, YOU KNOW, MORE
2:19:46ENHANCED REPORTING. AND THEN
2:19:47THE ANNUAL REPORTING OF THAT
2:19:49DATA TO THE CITY AND THEN IN
2:19:52TURN TO CITY COUNCIL. SO THAT'S
2:19:53WHY YOU SEE A LOT OF THE
2:19:55CHANGES IN AMENDMENT THREE. I
2:20:00THINK THE THE ORDINANCE
2:20:03DIRECTIVES, YOU KNOW, THAT'S
2:20:04COUNCIL'S PREROGATIVE TO SAY
2:20:08WHAT THEY WANT TO SEE HAPPEN.
2:20:11THE PENALTIES. I YOU KNOW.
2:20:13>> I'M NOT ACTUALLY ASKING FOR
2:20:15COUNCIL'S DIRECTIVE. I'M ASKING
2:20:18BECAUSE THIS PROJECT ORIGINALLY
2:20:19CAME FROM YOU. I'M ACTUALLY
2:20:20ASKING FOR A PROFESSIONAL
2:20:21OPINION FROM BTS BECAUSE I HAVE
2:20:24A FEELING I KNOW AT LEAST FIVE
2:20:25ARE. THEY SPONSORED IT? BUT I
2:20:27WOULD LIKE TO KNOW FROM BTS IF
2:20:29THE THINGS THAT YOU THINK THAT
2:20:30THIS DOCUMENT SHOULD ACHIEVE,
2:20:32IF THIS HELPS IT OR HINDERS IT,
2:20:34THOSE ARE THE TYPES OF THINGS
2:20:35THAT WOULD HELP ME IN
2:20:36EVALUATING SUCH COUNCILOR.
2:20:39>> ONE OF THE DIALOGS WE HAD
2:20:41WITH THE SPONSORS WAS JUST
2:20:42ABOUT WORKLOAD IMPLICATIONS,
2:20:43AND THAT'S NOT A PRO OR CON
2:20:45ARGUMENT ABOUT THE LANGUAGE.
2:20:46IT'S REALLY JUST LIKE, WHAT
2:20:48WOULD THIS TAKE? AND IT'S TRUE
2:20:50THAT MORE FREQUENT REPORTING
2:20:51AND ANALYSIS IS GOING TO COST
2:20:54US A LITTLE MORE STAFF TIME.
2:20:59>> OKAY. THANK YOU, MR.
2:21:00PRESIDENT.
2:21:00>> THANK YOU, COUNCILOR
2:21:01ZIMMERMAN. COUNCILOR NOVICK.
2:21:04>> YES, THANK YOU, MR.
2:21:05PRESIDENT. I APOLOGIZE. I THINK
2:21:07THAT I'M LOOKING AT THE
2:21:08AMENDMENT OUT OF CONTEXT. I'M
2:21:10JUST CURIOUS, IS THERE
2:21:12SOMEWHERE IN THE DOCUMENT THAT
2:21:13THE ORIGINAL DOCUMENT THAT IT
2:21:15SAYS HOW THE PENALTIES WILL BE
2:21:17CALCULATED? YOU KNOW, DOES IT
2:21:18REQUIRE THE PENALTIES BE A
2:21:19CERTAIN AMOUNT?
2:21:21>> YES, IT THAT WAS THE FOR THE
2:21:25REPORTING REQUIREMENTS. IT WAS
2:21:26THE $12,000 A DAY FOR THE FIRST
2:21:2930 DAYS AND THEN $24,000 A DAY
2:21:32THEREAFTER. AND THEN THE
2:21:34REDUCTION REQUIREMENT, FAILURE
2:21:36TO COMPLY WITH THE REDUCTION
2:21:38REQUIREMENT WAS $0.25 A GALLON
2:21:41FOR EVERY GALLON THAT THEY
2:21:43FAILED TO REDUCE.
2:21:45>> SO WHAT I'M WONDERING IS,
2:21:49WOULD THIS PROVISION REQUIRE US
2:21:51TO GET PENALTIES OF PRECISELY
2:21:53THOSE AMOUNTS? AND HERE'S MY
2:21:55CONCERN. I USED TO ENFORCE THE
2:21:58CLEAN AIR ACT AND THE CLEAN
2:21:59WATER ACT. AND BACK AT THAT
2:22:01TIME, THE PENALTY WAS UP UP TO
2:22:05$25,000 PER DAY PER VIOLATION.
2:22:07SO WE WOULD SOMETIMES COME IN
2:22:09SAYING, OKAY, HERE'S A PENALTY
2:22:10OF $14 MILLION. BASED ON THAT,
2:22:11THE COMPANY WOULD SAY, THAT'S
2:22:12INSANE. AND THEN WE'D ARGUE
2:22:14ABOUT IT, AND WE WIND UP WITH
2:22:15SETTLING FOR SOMETHING LESS
2:22:16THAN THAT. IF IF THIS WOULD
2:22:20REQUIRE, SAY, HERE IS THE
2:22:22AMOUNT OF THE PENALTY PERIOD,
2:22:24THERE'S NO NEGOTIATION, THEN I
2:22:26THINK WE NEED TO TAKE INTO
2:22:28ACCOUNT THE LIKELIHOOD THAT
2:22:29THAT WOULD DRIVE MORE CASES TO
2:22:31COURT RATHER THAN ENABLE US TO
2:22:33SETTLE THEM. SO I JUST WANT TO
2:22:35KNOW IF THE LANGUAGE WE HAVE
2:22:37WOULD BE INTERPRETED AS WE WILL.
2:22:39I MEAN, I'M OKAY WITH MUST
2:22:41IMPOSE SOME PENALTY. I HAVE
2:22:43SOME CONCERNS ABOUT THE
2:22:45OPERABILITY OF SAYING MUST
2:22:46IMPOSE A PENALTY OF A SPECIFIC
2:22:48AMOUNT OR THERE'S NO ROOM FOR
2:22:49NEGOTIATION. I GUESS THIS IS
2:22:51REALLY A QUESTION FOR THE CITY
2:22:52ATTORNEY. HOW DO YOU READ IT?
2:22:54IS IT WE MUST IMPOSE A SPECIFIC
2:22:56PENALTY, OR WOULD IT GIVE SOME
2:22:58FLEXIBILITY TO NEGOTIATE THE
2:22:59PENALTY?
2:23:02>> AS I AND I NEED? I ALSO HAVE
2:23:04MULTIPLE PIECES, IS WHAT I READ
2:23:06IT AND UNDERSTOOD. THE INTENT
2:23:07WAS THAT THE CITY ADMINISTRATOR
2:23:09MUST IMPOSE THE PENALTY AS
2:23:11OUTLINED IN THE CODE, AND THAT
2:23:12THE CODE OUTLINES THE SET
2:23:14AMOUNTS, THAT THERE'S NOT AN
2:23:15OPPORTUNITY TO NEGOTIATE IT.
2:23:18>> OKAY, THEN THAT DOES RAISE A
2:23:22SORT OF A A CAPACITY CONCERN
2:23:24FOR ME, BECAUSE IT MEANS I MEAN,
2:23:28I THINK IT INCREASES THE ODDS
2:23:29THAT OUR CITY ATTORNEY WILL BE
2:23:32LITIGATING EVERY PENALTY IN
2:23:34COURT RATHER THAN HAVING A BACK
2:23:36AND FORTH AND BEING ABLE TO
2:23:37NEGOTIATE SOMETHING, WHICH IS
2:23:39NORMALLY WHAT HAPPENS WHEN
2:23:40YOU'RE ASSESSING PENALTIES.
2:23:43>> IF I MAY. THE OTHER PIECE OF
2:23:46THIS IS THE PROCESS THAT WE GO
2:23:49THROUGH WITH THE REPORTING AND
2:23:50AND THAT THE FAILURE TO COMPLY,
2:23:54DETERMINATION AND THE CODE
2:23:57OUTLINES A PROCESS OF SUBMITTAL
2:24:01VERIFICATION BY STAFF, A
2:24:02FEEDBACK LOOP FIRST WITH THE
2:24:06TERMINALS TO GET MORE
2:24:07INFORMATION OR INCOMPLETE
2:24:09INFORMATION, THEN A PUBLIC
2:24:12COMMENT PERIOD. AND AND SO
2:24:14THERE'S A NUMBER OF BACK AND
2:24:16FORTH STEPS THAT WE WOULD GO
2:24:19THROUGH WITH A TERMINAL BEFORE
2:24:21WE WOULD MAKE A DETERMINATION
2:24:23THAT THEY HAVE FAILED TO COMPLY.
2:24:25AND I THINK THAT'S WHERE SORT
2:24:27OF THE FLEXIBILITY AND THE
2:24:29PROCESS AND THE AND THE
2:24:31ITERATION BEFORE WE, YOU KNOW,
2:24:34MAKE THAT DETERMINATION AND
2:24:36START IMPOSING PENALTIES.
2:24:38>> RIGHT. BUT I MEAN, THIS,
2:24:40THIS MEANS IT'S SORT OF ALL OR
2:24:41NOTHING. I MEAN, NORMALLY YOU
2:24:44SORT OF LIKE MAKE A RISK
2:24:46ASSESSMENT OF IF THIS GOES TO
2:24:47COURT, WHAT ARE THE ODDS WE'LL
2:24:50WIN? AND YOU DON'T ALWAYS GO
2:24:52FOR THAT. I MEAN, JUST LIKE,
2:24:53YOU KNOW, PROSECUTORS, YOU
2:24:54DON'T ALWAYS GO FOR THE MAXIMUM.
2:24:57YOU HAVE SOME, YOU KNOW,
2:24:59THOUGHT ABOUT THE LIKELIHOOD OF
2:25:02VICTORY AND YOU ADJUST THE
2:25:03PENALTY APPROPRIATELY. SO
2:25:06ACTUALLY, AGAIN, LAUREN, I
2:25:07DON'T MEAN TO PUT YOU ON THE
2:25:09SPOT AND YOU KNOW THAT, BUT I
2:25:11MEAN, I'M JUST IF YOU'RE
2:25:13COMFORTABLE SAYING DOES THAT
2:25:15RAISE ANY CONCERNS FOR YOU?
2:25:21>> ARE YOU ASKING ABOUT THE
2:25:23LANGUAGE OR WHETHER I HAVE
2:25:24LEGAL CONCERNS ABOUT THE
2:25:25IMPLEMENTATION.
2:25:26>> CONCERNS OR SORT OF
2:25:27PRACTICAL CONCERNS ABOUT THE
2:25:29IMPLEMENTATION, THAT IT'S
2:25:30HARDER TO WORK WITH THE MANDATE
2:25:32THAT YOU RECOVER A SPECIFIC
2:25:34PENALTY THAN WITH A MANDATE
2:25:35THAT YOU RECOVER SOME PENALTY
2:25:36AND YOU HAVE SOME FLEXIBILITY
2:25:39TO NEGOTIATE WHAT IT IS.
2:25:41>> I THINK THAT THAT WOULD HAVE
2:25:43TO BE A QUESTION FOR ROBERT
2:25:44TAYLOR ABOUT HOW OUR OFFICE IS
2:25:46RUN. AND I MEAN, THAT'S SORT OF
2:25:47A POLICY BUSINESS DECISION
2:25:49ABOUT THE OFFICE AND THE
2:25:50RESOURCES FOR THE CITY
2:25:52ATTORNEYS. BUT I THINK YOUR
2:25:53ASSESSMENT IS CORRECT. IT WOULD
2:25:55AVOID THE ABILITY FOR THERE ANY
2:25:56SORT OF NEGOTIATION OF THE
2:25:58PENALTIES THAT WE HAVE IN OTHER
2:26:00CODE SECTIONS.
2:26:02>> THANK YOU. AND THAT CASE, I
2:26:03ACTUALLY WOULD LIKE TO HAVE MR.
2:26:05TAYLOR HERE TO ANSWER THE
2:26:06QUESTION.
2:26:12>> LET'S SEE IF HE CAN MAKE HIS
2:26:14WAY DOWN HERE. TO ANSWER YOUR
2:26:15QUESTION, IN THE INTERIM, I
2:26:16WILL MOVE TO COUNCILOR. IS THAT
2:26:18OKAY? COUNCILOR WE WAIT FOR
2:26:20ROBERT. STEVE, IS THAT RIGHT TO
2:26:23MOVE ON FOR A SECOND? COME BACK.
2:26:25YEAH. OKAY, GREAT. THANK YOU.
2:26:26>> COUNCILOR KANAL THANKS,
2:26:27COUNCIL PRESIDENT. YEAH, I MEAN,
2:26:30I IMAGINE AND DIFFERENT PARTS
2:26:32OF THE CITY ATTORNEY'S OFFICE
2:26:34ARE INVOLVED IN DIFFERENT
2:26:35THINGS, BUT WE DO OFTEN END UP
2:26:36HAVING NEGOTIATIONS IN COURT.
2:26:39WELL, IN PARALLEL TO A COURT
2:26:40PROCESS IS HOW WE GET
2:26:41SETTLEMENTS. SO I THINK IT'S A
2:26:44QUESTION OF WHERE IS THAT
2:26:45NEGOTIATION HAPPENING AS WELL
2:26:47IN TERMS OF CITY
2:26:48ADMINISTRATOR'S OFFICE, IN
2:26:49TERMS OF THE BUREAU OR IN TERMS
2:26:51OF THE THE ATTORNEY'S OFFICE, I
2:26:54WANTED I DIDN'T GET IN THE
2:26:54QUEUE FOR THIS. I JUST WANTED
2:26:56TO FLAG THAT. AND I THINK IT
2:26:58MAY BE HELPFUL TO HAVE ROBERT
2:26:59COMMENT ON THAT PART, TOO. BUT
2:27:01THE REASON I GOT IN THE QUEUE
2:27:03IS I THINK THERE'S BEEN ANOTHER
2:27:04CONVERSATION THAT'S HAPPENED
2:27:05ABOUT PREEMPTION. AND THERE'S A
2:27:07PIECE HERE THAT IS RELEVANT TO
2:27:1015 OTHER ISSUES THAT WE TALK
2:27:12ABOUT. AND I THINK IT'S A
2:27:13QUESTION OF WE'RE ASSUMING,
2:27:15BASED ON SOME KNOWLEDGE OF SOME
2:27:18LEGISLATORS OR THE GOVERNOR OR
2:27:19WHATEVER, THAT THE STATE HAS A
2:27:22PARTICULAR INTEREST AND IS
2:27:24CONSIDERING PUTTING SOMETHING
2:27:25FORWARD THAT MIGHT TIE OUR
2:27:26HANDS. I THINK IT'S THE SAME
2:27:28CONVERSATION THAT WE HAVE TO
2:27:29HAVE WITH THE FEDERAL
2:27:30GOVERNMENT OF, ARE WE GOING TO
2:27:32COMPLY IN ADVANCE, OR ARE WE
2:27:33GOING TO TRY TO DO THE THINGS
2:27:35THAT WE BELIEVE WE SHOULD DO AS
2:27:37A CITY? WHILE WE ARE CURRENTLY
2:27:38NOT PREEMPTED ON MANY OF THESE
2:27:40ISSUES, AND I THINK WE SHOULD
2:27:42BE DOING THAT. AND I'LL ALSO
2:27:43NOTE THERE'S A LOT OF ANALYSIS
2:27:44NOT SPECIFIC TO THIS ISSUE, BUT
2:27:46TO OTHER ISSUES THAT THAT WHEN
2:27:48CITIES ACT FIRST, THAT THAT
2:27:50THAT ACTUALLY LOWERS THE CHANCE
2:27:53OF BEING PREEMPTED. AND, AND I
2:27:56THINK THAT'S BECAUSE, YOU KNOW,
2:27:58WE HAVE A GOOD PORTLAND AREA
2:28:00DELEGATION WHO KNOWS THAT THEIR
2:28:02VOTERS ELECTED US TO AND WE
2:28:04MADE THIS, THIS DECISION AND
2:28:06IMPOSE THIS PARTICULAR POLICY
2:28:08CHOICE. AND THEN BASED ON THAT,
2:28:11THEY'RE GOING TO SAY, WELL,
2:28:12WE'RE GOING TO INVALIDATE THE
2:28:13PEOPLE YOU ALSO VOTED FOR. IT
2:28:15BECOMES A LITTLE HARDER. SO I
2:28:16THINK WE SHOULD BE ASSESSING
2:28:17THIS FROM THE PERSPECTIVE OF
2:28:19WHAT DO WE BELIEVE OUR VOTERS
2:28:20WANT? AND THEN LETTING OUR
2:28:21VOTERS KNOW TO TELL THEIR STATE
2:28:23REPRESENTATIVES NOT TO MESS
2:28:24WITH, WITH OUR ABILITY TO TO
2:28:26EXERT LOCAL CONTROL. THANKS.
2:28:29>> THANK YOU. COUNCILOR KANAL,
2:28:31OUR CITY ATTORNEY IS GETTING
2:28:32BRIEFED ON THE QUESTION AT HAND,
2:28:35AND WE WILL WELCOME HIM OVER.
2:28:37WELCOME, MR. TAYLOR.
2:28:42>> HI. HI. ROBERT TAYLOR, CITY
2:28:45ATTORNEY.
2:28:45>> AS I UNDERSTAND THE QUESTION,
2:28:48THE.
2:28:49>> IF YOU CHOOSE TO USE.
2:28:52>> THE WORD MUST IN THE CODE,
2:28:54THAT IS A MANDATORY. IF YOU
2:28:57CHOOSE TO USE MAY IN THE CODE,
2:28:59THAT GIVES SOME DISCRETION. SO
2:29:02IF YOU USE MUST. AND THAT SAYS
2:29:04THE CITY ADMINISTRATOR MUST
2:29:07IMPOSE A PENALTY, THEN THE CITY
2:29:10ADMINISTRATOR WILL DO THAT.
2:29:12THEY WILL. THEY DO NOT HAVE
2:29:14DISCRETION. ONCE THAT PENALTY.
2:29:17IF IT'S CHALLENGED AND WE'RE IN
2:29:21A LITIGATION POSTURE, I THINK
2:29:23IT'S IT IS POSSIBLE AT THAT
2:29:25POINT TO NEGOTIATE SOME SORT OF
2:29:30RESOLUTION ONCE WE'RE IN THE
2:29:32LITIGATION. BUT IN TERMS OF AT
2:29:34THE FRONT END, DOES THE CITY
2:29:36ADMINISTRATOR HAVE ANY
2:29:38DISCRETION OR DOES THE. OR DO
2:29:40THE FOLKS THAT WORK FOR THE
2:29:41ADMINISTRATOR HAVE ANY
2:29:42DISCRETION TO WORK WITH THE
2:29:44PARTY TO DECIDE WHETHER OR NOT
2:29:46TO IMPOSE IT IN THE FIRST PLACE?
2:29:48THEY DON'T HAVE DISCRETION, AND
2:29:51I THINK THAT'S THE REAL CHOICE
2:29:53THAT THE COUNCIL HAS IN FRONT
2:29:54OF THEM RIGHT NOW. DO THEY WANT
2:29:56TO GIVE THE STAFF SOME
2:29:59DISCRETION TO WORK WITH THE
2:30:00PARTY BEFORE THE PENALTY IS
2:30:01IMPOSED, OR WOULD THEY LIKE TO
2:30:03LIMIT THAT DISCRETION, HAVE THE
2:30:05PENALTY IMPOSED? AND THEN IF
2:30:08THERE IS A CHALLENGE IN
2:30:10LITIGATION, LEAVE IT TO THAT TO
2:30:13BE WORKED OUT?
2:30:15>> COUNCILOR YES. SO YOUR
2:30:18INTERPRETATION BASED ON THIS
2:30:19LANGUAGE IS IF THE CITY
2:30:22ADMINISTRATOR WAS MANDATED TO
2:30:23IMPOSE A PENALTY OF A SPECIFIC
2:30:25AMOUNT, AND THEN SOMEBODY, THE
2:30:28THE COMPANY CHALLENGED IT IN
2:30:30COURT, YOU WOULD STILL THINK
2:30:31THAT YOU WOULD HAVE THE ABILITY
2:30:33TO NEGOTIATE A SMALLER PENALTY.
2:30:35YOU WOULDN'T HAVE TO GO TO THE
2:30:37WALL AND GO TO COURT AND FIGHT
2:30:39LIKE HELL FOR THE AMOUNT THAT'S
2:30:42SPECIFIED, SPECIFIED AMOUNT.
2:30:44>> I THINK IF WE WERE IN THE
2:30:46LITIGATION POSTURE, LIKE ANY
2:30:47OTHER LITIGATION THAT WE HAVE,
2:30:49WE WOULD HAVE THE OPPORTUNITY
2:30:52TO TRY TO WORK THAT OUT AT THAT
2:30:55STAGE. THIS LANGUAGE IS
2:30:58DIRECTED AT THE CITY
2:30:59ADMINISTRATOR'S AUTHORITY TO
2:31:00IMPOSE IT AS AN INITIAL MATTER.
2:31:03AND THIS WOULD THIS WOULD NOT
2:31:05GIVE THE ADMINISTRATOR
2:31:06DISCRETION. THEY WOULD HAVE TO
2:31:08IMPOSE IT, AND THEN IT WOULD GO
2:31:11THROUGH THE PROCESS. SO SO
2:31:12THAT'S THE REAL CHOICE IN FRONT
2:31:14OF YOU. DO YOU DO YOU WANT TO
2:31:16GIVE THE ADMINISTRATOR ANY, ANY
2:31:17DISCRETION ON THE FRONT END TO
2:31:18TRY TO, AS WAS DESCRIBED BEFORE,
2:31:23THEY IMPOSE IT, PERHAPS GIVE
2:31:25SOMEBODY AN OPPORTUNITY TO COME
2:31:26INTO COMPLIANCE.
2:31:29>> THANK YOU, MR. TAYLOR. SO
2:31:32I'M A LAWYER, SO I CARE ABOUT
2:31:34IMPOSING THINGS ON LAWYERS, NOT
2:31:35ON CITY ADMINISTRATORS. SO MY
2:31:37CONCERN WAS, YOU KNOW,
2:31:40HANDCUFFING OUR LAWYERS. BUT I
2:31:42WOULD LIKE TO HEAR FROM THE
2:31:43SPONSORS IF THEY WERE OKAY WITH
2:31:45THE IDEA THAT AFTER THE CITY
2:31:47ADMINISTRATOR IMPOSED THE
2:31:48MANDATORY PENALTY, IF WE'RE IN
2:31:50LITIGATION, THE CITY ATTORNEY
2:31:52WOULD HAVE THE ABILITY TO DO
2:31:53SOME NEGOTIATION.
2:31:56>> YES, YES. YEAH.
2:32:00>> THANK YOU.
2:32:01>> THANK YOU VERY MUCH.
2:32:02COUNCILOR. NOVICK COUNCILOR
2:32:03KANAL, YOU ALSO HAD A QUESTION
2:32:04FOR THE CITY ATTORNEY. IS THAT
2:32:06RIGHT?
2:32:06>> I THINK YOU.
2:32:07>> GOT COVERED.
2:32:08>> OKAY, GREAT. PAUSING FOR
2:32:10DRAMATIC EFFECT TO SEE IF
2:32:11ANYONE ELSE WANTS TO TALK. OKAY,
2:32:15COLLEAGUES. KEELAN, CAN WE
2:32:16PLEASE MOVE TOWARDS A VOTE, A
2:32:18DIVIDED VOTE ON THE QUESTION,
2:32:20STARTING WITH THE SEPARATE VOTE
2:32:22ON AMENDMENT TWO REGARDING
2:32:24AVIATION FUEL EXEMPTION AND
2:32:25THEN MOVING TO A SECOND VOTE ON
2:32:27THE REMAINDER.
2:32:28>> COUNCIL PRESIDENT, CAN WE
2:32:29CLARIFY WHAT THE VOTE IS, HOW
2:32:30THAT WORKS EXACTLY? IT'S A YES
2:32:34TO REMOVE NO.
2:32:35>> NO, IT'S A YES TO AMEND.
2:32:37>> YES TO AMEND.
2:32:38>> THE LANGUAGE IS HERE. SO IF
2:32:39YOU DON'T LIKE THAT, THEN YOU
2:32:41GOT TO VOTE. NO.
2:32:42>> WAIT, SAY THAT AGAIN. VOTE
2:32:44NO. OKAY.
2:32:46>> SO YES.
2:32:48>> BECAUSE.
2:32:49>> YOU'RE GOING TO VOTE YES. SO
2:32:53OKAY, LET'S JUST BE CLEAR THAT
2:32:55TO AMEND THIS TO REMOVE THE
2:32:57AMENDMENT, WE'VE SEPARATED IT,
2:32:59TO REMOVE IT.
2:33:01>> COUNCIL PRESIDENT, MAY I
2:33:02OFFER A DIFFERENT WAY OF
2:33:03THINKING. ABOUT THIS. SORRY,
2:33:05YOU HAVE SEPARATED THE
2:33:06AMENDMENT. SO WE ARE VOTING ON
2:33:09SECTION TWO OF THE AMENDMENT.
2:33:12AN AFFIRMATIVE VOTE PASSES
2:33:14SECTION TWO OF THE AMENDMENT.
2:33:16SO YOU ARE VOTING TO PASS THAT
2:33:19A NO VOTE VOTES NOT TO PASS
2:33:22THAT CHANGE. SO IF YOU WANT
2:33:24SECTION TWO TO GO INTO EFFECT
2:33:26NOW, SEPARATE FROM THE REST OF
2:33:28IT, YOU VOTE YES. IF YOU DO NOT
2:33:30WANT IT TO GO INTO EFFECT, YOU
2:33:32VOTE NO.
2:33:33>> THANK YOU.
2:33:34>> THANK YOU. KEELAN, PLEASE
2:33:35CALL THE ROLL CLERK.
2:33:37>> IT'S IMPORTANT BECAUSE I'M
2:33:38THE FIRST VOTE NO.
2:33:41>> GREEN.
2:33:42>> YES.
2:33:43>> ZIMMERMAN.
2:33:44>> NO. I. SMITH NO. KANAL I.
2:33:50>> PIRTLE-GUINEY. YES.
2:33:53>> RYAN.
2:33:54>> NO.
2:33:55>> KOYAMA LANE.
2:33:57>> AYE, MORILLO.
2:33:58>> AYE, MORILLO. MORILLO. I
2:34:02NOVICK NO. DUNPHY.
2:34:03>> NO.
2:34:06>> THE AMENDMENT PART TWO
2:34:08AMENDMENT TWO FAILS WITH A VOTE
2:34:11OF SIX EYES AND SIX NAYS.
2:34:13>> PLEASE CALL THE ROLL ON THE
2:34:14REMAINDER OF THE GREEN
2:34:16PIRTLE-GUINEY KANAL CLERK
2:34:17KOYAMA LANE TWO.
2:34:19>> CLERK. HI GREEN.
2:34:23>> HI, ZIMMERMAN.
2:34:25>> NO AVALOS. I SMITH.
2:34:29>> IS THIS TO TAKE THE AVIATION
2:34:31FUEL OUT?
2:34:31>> THIS IS EVERYTHING ELSE NOW.
2:34:33EVERYTHING. BUT YEAH.
2:34:35>> I.
2:34:38>> KANAL I. PIRTLE-GUINEY I.
2:34:41>> RYAN.
2:34:42>> NO. KOYAMA LANE I. MORILLO I.
2:34:47NOVICK I. DUNPHY I.
2:34:52>> AMENDMENTS ONE, THREE FOUR
2:34:53AND FIVE ARE APPROVED WITH A
2:34:54VOTE OF TEN AYES AND TWO NAYS.
2:34:57>> OKAY. THANK YOU VERY MUCH,
2:34:58COLLEAGUES. COUNCILOR. NOVICK.
2:35:03>> ARE YOU ASKING ME TO
2:35:04INTRODUCE MY AMENDMENT?
2:35:05>> I AM ASKING YOU TO INTRODUCE
2:35:07YOUR AMENDMENT NOW.
2:35:09>> OKAY. HANG ON, HANG ON JUST
2:35:10A SECOND. THERE'S.
2:35:31SO AS I
2:35:33STATED LAST WEEK, MY AMENDMENT
2:35:35WOULD ADD THIS LANGUAGE TO
2:35:36TITLE 17. IT WOULD BE A NEW
2:35:38PARAGRAPH 20. THE COUNCIL
2:35:41RECOGNIZES THAT UNLESS THERE'S
2:35:42AN ACTUAL REDUCTION IN DEMAND
2:35:43FOR LIQUID FUEL, THE STATE
2:35:44LEGISLATURE IS LIKELY TO
2:35:45OVERRIDE ANY DRAWDOWN
2:35:46REQUIREMENT BEFORE THAT THAT
2:35:48REQUIREMENT BECOMES EFFECTIVE.
2:35:49THEREFORE, IT IS INCUMBENT ON
2:35:50THE CITY TO DO WHAT IT CAN TO
2:35:52REDUCE DEMAND. ACCORDINGLY,
2:35:53COUNCIL EXPRESSES OUR
2:35:54COMMITMENT TO WORK WITH THE
2:35:56COMMITTEE AND OTHER
2:35:57STAKEHOLDERS TO ENSURE THAT THE
2:35:58NEXT CLIMATE INVESTMENT PLAN.
2:35:59AT LEAST 40% OF PORTLAND CLEAN
2:36:01ENERGY FUND DOLLARS WILL BE
2:36:02SPENT ON TRANSPORTATION
2:36:03MEASURES TO PROMOTE TRANSIT,
2:36:05BIKING, WALKING, TRANSITION TO
2:36:07ELECTRIC CARS, AND THE
2:36:08REDUCTION OF DIESEL EMISSIONS.
2:36:10AND HERE I'VE PREPARED A SORT
2:36:12OF Q AND A ON MY PROPOSAL THAT
2:36:14I'M GOING TO DISTRIBUTE FOR YOU
2:36:17TO FOLLOW ALONG. FIRST QUESTION
2:36:21WHY TALK ABOUT PCEF SPENDING ON
2:36:23TRANSPORTATION IN THE CONTEXT
2:36:24OF THE SCI HUB DRAWDOWN
2:36:26DISCUSSION? ANSWER. THE VAST
2:36:28MAJORITY OF THE FUEL IN THE SCI
2:36:29HUB IS USED FOR TRANSPORTATION.
2:36:31IF DEMAND FOR TRANSPORTATION
2:36:32FUELS DOES NOT GO DOWN, THEN
2:36:34THE DRAWDOWN REQUIREMENT WOULD
2:36:35LIKELY CAUSE A FUEL CRISIS AND
2:36:36SPIKE GAS PRICES. THE
2:36:39LEGISLATURE WOULD NOT LET THAT
2:36:40HAPPEN. THEY JUST OVERRIDE THE
2:36:41DRAWDOWN REQUIREMENT INSTEAD.
2:36:43SO IF YOU REALLY WANT TO DRAW
2:36:44DOWN REQUIREMENT TO STAND, WE
2:36:45SHOULD BE DOING EVERYTHING WE
2:36:47CAN TO REDUCE DEMAND. WE ARE
2:36:48JUST ONE PART OF THE REGIONAL
2:36:50MARKET. WE ARE A SIGNIFICANT
2:36:51PART. IN ADDITION, EVEN IF THE
2:36:54LEGISLATURE WOULD ALLOW THAT TO
2:36:55HAPPEN, WOULD WE REALLY WANT TO
2:36:56CAUSE A HUGE INCREASE IN GAS
2:36:58PRICES IF WE HAVEN'T MADE THE
2:36:59INVESTMENTS TO ENSURE
2:37:00PORTLANDERS HAVE ALTERNATIVES
2:37:01TO DRIVING FOSSIL FUEL CARS,
2:37:03TRANSIT, ELECTRIC CAR
2:37:05INFRASTRUCTURE, MEASURES TO
2:37:06PROMOTE BIKING AND WALKING. IF
2:37:08ALTERNATIVES ARE INSUFFICIENT,
2:37:09PORTLANDERS WOULD JUST BE STUCK
2:37:11PAYING HIGHER GAS PRICES, WHICH
2:37:12WOULD, OF COURSE,
2:37:13DISPROPORTIONATELY AFFECT LOW
2:37:14INCOME PEOPLE. WHY 40%?
2:37:17CURRENTLY, 40% OF GREENHOUSE
2:37:19GAS EMISSIONS IN PORTLAND COME
2:37:20FROM TRANSPORTATION. BUT IN THE
2:37:22CURRENT CIP, WE ONLY SPEND
2:37:23ABOUT 22% OF THE FUNDS IN
2:37:25TRANSPORTATION. THE BULK OF THE
2:37:27MONEY, MORE THAN HALF GOES TO
2:37:29PROJECTS THAT INVOLVE REDUCING
2:37:30EMISSIONS FROM BUILDINGS. AND
2:37:31AT THE BEGINNING OF THE CEP
2:37:32PROGRAM, HARDLY ANYTHING WENT
2:37:34TO TRANSPORTATION. THERE'S
2:37:36ACTUALLY A STRONG ARGUMENT WE
2:37:37SHOULD BE SPENDING MORE THAN
2:37:3840% OF TRANSPORTATION.
2:37:40TRANSPORTATION IS A VERY TOUGH
2:37:42NUT TO CRACK. IN RECENT YEARS,
2:37:43EMISSIONS FROM BUILDINGS HAVE
2:37:44BEEN GOING DOWN IN A MUCH
2:37:46FASTER RATE THAN FROM
2:37:47TRANSPORTATION. SINCE THE
2:37:48LEGISLATURE HAS ORDERED PJI AND
2:37:49PACIFIC CORE TO MOVE TO 100%
2:37:51RENEWABLE, WE SHOULD EXPECT
2:37:53THAT TREND TO CONTINUE, BECAUSE
2:37:56A ELECTRICALLY POWERED HEATING
2:37:58AND COOLING WILL HAVE LOWER
2:38:00EMISSIONS, BUT WE REALLY CAN'T
2:38:01EXPECT TRANSPORTATION EMISSIONS
2:38:02TO DECLINE AS QUICKLY AS WE
2:38:04WANT WITHOUT MAJOR INVESTMENTS
2:38:06IN TRANSIT, BIKING, WALKING AND
2:38:07ELECTRIC CAR INFRASTRUCTURE.
2:38:10NEXT QUESTION BEFORE COMMITTING
2:38:12TO 40%, DON'T WE NEED TO HEAR
2:38:13FROM COMMUNITY? THAT'S
2:38:14SOMETHING I HEARD FROM CHERISE
2:38:15BARK LAST WEEK. I PUT COMMUNITY
2:38:17IN QUOTES HERE BECAUSE THAT
2:38:18TERM GETS USED A LOT IN CITY
2:38:20HALL. I DON'T THINK THERE'S
2:38:21AGREEMENT ON WHAT IT MEANS.
2:38:22OFTEN IT SEEMS TO REFER TO
2:38:24PEOPLE WHO CAN BE ACTIVATED BY
2:38:25POLITICALLY ENGAGED NONPROFITS.
2:38:27IF A NONPROFIT SENDS OUT AN APB
2:38:28AND WE GET 200 EMAILS AND 20
2:38:30PEOPLE SHOW UP TO A COUNCIL
2:38:31MEETING, BY GOD, WE'VE HEARD
2:38:33FROM COMMUNITY, BUT THE ACTUAL
2:38:34COMMUNITY OF PORTLAND IS OVER
2:38:35100 000 PEOPLE, AND THE
2:38:37COMMUNITY OF SFF PRIORITY
2:38:38POPULATION IS OVER 200,000
2:38:40PEOPLE. WE CAN'T ASSUME THAT
2:38:41ANY NONPROFIT SPEAKS FOR THAT
2:38:43BIG A COMMUNITY ON EVERY ISSUE.
2:38:45THE ONLY RELIABLE WAY TO GET A
2:38:47REAL SENSE OF HOW A COMMUNITY
2:38:48THAT LARGE THINKS ABOUT THAT
2:38:50ISSUE IS THROUGH SCIENTIFIC
2:38:51POLLING, COUNCILOR KANAL AND I
2:38:53POLLED 500 PEOPLE FROM PRIORITY
2:38:55POPULATIONS, PLUS 300 RANDOM
2:38:56WHITE PEOPLE, AS A SORT OF
2:38:58CONTROL GROUP ON HOW SFF MONEY
2:38:59SHOULD BE SPENT. GIVEN THREE
2:39:01OPTIONS OF HOW TO SPEND PCF
2:39:03MONEY, GENERATING MORE
2:39:04RENEWABLE ENERGY LOCALLY,
2:39:05WEATHERIZING HOMES TO MAKE THEM
2:39:06MORE ENERGY EFFICIENT, OR
2:39:08MAKING BUS SERVICE MORE
2:39:09FREQUENT AND RELIABLE. THE PCEF
2:39:10PRIORITY POPULATIONS
2:39:12PRIORITIZED IMPROVED BUS
2:39:13SERVICE. BY CONTRAST, WHITE
2:39:14PEOPLE PRIORITIZE GENERATING
2:39:16MORE RENEWABLE ENERGY LOCALLY.
2:39:19IN ADDITION, WE TOLD PEOPLE
2:39:20THAT BUILDINGS AND
2:39:21TRANSPORTATION EMIT ABOUT AN
2:39:21EQUAL AMOUNT OF POLLUTION.
2:39:23RIGHT NOW, BUILDINGS ARE AT 42%,
2:39:25TRANSPORTATION IS AT 40%, AND
2:39:26WE ASKED IF STAFF SHOULD SPEND
2:39:28MORE FUNDS ON BUILDINGS, MORE
2:39:30TRANSPORTATION OR AN EQUAL
2:39:30AMOUNT ON THE TWO OF PRIORITY
2:39:33POPULATIONS, 42% SAID EQUAL 17%
2:39:35SAID TRANSPORTATION, 17% SAID
2:39:37BUILDINGS. THE REST HAD NO
2:39:38OPINION. THE BOTTOM LINE IS
2:39:41PRIORITY. POPULATIONS THINK
2:39:42TRANSPORTATION IS IMPORTANT,
2:39:44CONTINUING THE CURRENT POLICY
2:39:45OF SPENDING MORE THAN TWICE AS
2:39:46MUCH MONEY ON BUILDINGS AS ON
2:39:48TRANSPORTATION IS NOT
2:39:49CONSISTENT WITH THE COMMUNITY'S
2:39:50WISHES. NEXT QUESTION SHOULDN'T
2:39:53THE PCF COMMITTEE MAKE THIS
2:39:55DECISION? ANSWER THE ORIGINAL
2:39:58CONCEPT OF PCF WASN'T THAT THE
2:39:59PCF COMMITTEE WOULD BE GIVEN A
2:40:01LUMP SUM AND DECIDE HOW TO
2:40:02SPEND IT? THE BALLOT MEASURE
2:40:03ESTABLISHED PERCENTAGE
2:40:04PARAMETERS 40 TO 60% TO QUOTE
2:40:06RENEWABLE ENERGY AND ENERGY
2:40:08EFFICIENCY. AND BY THE WAY,
2:40:09ALTERNATIVE TRANSPORTATION
2:40:10METHODS ARE MORE ENERGY
2:40:11EFFICIENT THAN GAS CARS, 20 TO
2:40:1425% IN JOB TRAINING AND 10 TO
2:40:1515% IN REGENERATIVE AGRICULTURE.
2:40:17THE COUNCIL SUBSEQUENTLY
2:40:18ELIMINATED THOSE PERCENTAGE
2:40:20REQUIREMENTS. I THINK IT IS
2:40:21APPROPRIATE FOR THE COUNCIL, AS
2:40:22THE ELECTED REPRESENTATIVES OF
2:40:23THE PEOPLE OF PORTLAND, TO
2:40:24START RESTORING SOME BROAD
2:40:26PARAMETERS. I WOULD EXPECT THE
2:40:27COMMITTEE TO BE INVOLVED IN HOW
2:40:28TO SPEND 40% ON TRANSPORTATION.
2:40:32NEXT QUESTION. YOU'RE TALKING
2:40:33ABOUT INVESTING IN TRANSIT,
2:40:34ISN'T IT? THE LEGISLATURE'S
2:40:36RESPONSIBILITY TO FUND TRIMET?
2:40:38ANSWER. FIRST OF ALL, EVEN IF
2:40:40YOU DIDN'T SPEND ANYTHING ON
2:40:41TRANSIT, YOU COULD EASILY SPEND
2:40:43$80 MILLION A YEAR ON BIKE,
2:40:44WHICH IS 40% OF PCF NOW ON
2:40:46BIKING, WALKING, AND ELECTRIC
2:40:47CAR INFRASTRUCTURE. SECOND,
2:40:49PEOPLE DON'T CARE WHICH
2:40:51GOVERNMENT PAYS FOR A SERVICE,
2:40:53THEY JUST WANT THE SERVICE.
2:40:55DEMAND FOR FUEL IN THE CI HUB
2:40:56WILL RESPOND TO HOW MANY PEOPLE
2:40:58ARE USING TRANSIT, NOT WHO'S
2:41:00PAYING FOR TRANSIT. AND THIRD,
2:41:02THE CITY HAS A WHOLE SEPARATE
2:41:03TAX. THE ARTS TAX, MOST OF THE
2:41:05MONEY FROM WHICH GOES TO THE
2:41:07SCHOOLS. THEORETICALLY, THE
2:41:08LEGISLATURE IS RESPONSIBLE FOR
2:41:09PAYING FOR THE SCHOOLS, BUT I
2:41:10HAVEN'T HEARD ANYBODY IN
2:41:11COUNCIL SAY, LET'S CUT OUT THE
2:41:13PART OF THE ARTS TAX THAT GOES
2:41:15TO SCHOOLS. IN FACT, A MAJORITY
2:41:16OF THE COUNCIL VOTED TO
2:41:17INCREASE THE ARTS TAX. WHAT I'M
2:41:20ASKING YOU TO DO, COLLEAGUES,
2:41:21IS TO COMMIT TO PUTTING OUR
2:41:24MONEY WHERE OUR MOUTH IS. IF WE
2:41:26REALLY WANT A REDUCTION IN FUEL
2:41:29IN THE CI HUB, WE SHOULD BE
2:41:31DOING EVERYTHING WE CAN TO
2:41:33REDUCE THE DEMAND FOR LIQUID
2:41:35FUEL. IF WE WANT A REDUCTION OF
2:41:37FUEL IN THE CI HUB, WHICH
2:41:39DOESN'T HAVE THE UNINTENDED
2:41:41EFFECT OF SIMPLY RAISING GAS
2:41:42PRICES ON PORTLANDERS, WE
2:41:44SHOULD BE GIVING PORTLANDERS
2:41:46TRANSPORTATION ALTERNATIVES,
2:41:47AND WE'RE NOT DOING ENOUGH OF
2:41:48THAT NOW. SO I AM ASKING YOU TO
2:41:53VOTE FOR, YOU KNOW, VOTE FOR
2:41:55THE CLIMATE, TO VOTE FOR ACTUAL
2:41:57REDUCTION, TO VOTE TO COMMIT
2:41:58THAT WE ACTUALLY ARE PUTTING
2:41:59OUR MONEY WITH OUR MOUTHS ARE
2:42:01TO VOTE FOR SOME LEVEL OF
2:42:02INTELLECTUAL COHERENCE. SO I
2:42:04ASKED FOR A YES VOTE ON MY
2:42:05AMENDMENT.
2:42:06>> AND COUNCILOR YOU FORMALLY
2:42:07MOVING NOVICK.
2:42:08>> FORMALLY FORMALLY MOVE MY.
2:42:10>> THANK YOU.
2:42:10>> IS THERE A SECOND?
2:42:12>> SECOND.
2:42:12>> COUNCILOR NOVICK MOVES
2:42:13NOVICK ONE VICE PRESIDENT CLARK
2:42:15SECONDS. COLLEAGUES, WE ARE IN
2:42:16DISCUSSION OF THE AMENDMENT.
2:42:18COUNCILOR ZIMMERMAN, IS THAT A
2:42:19LEGACY HAND. THANK YOU,
2:42:21COUNCILOR NOVICK ALSO. THERE WE
2:42:22GO. THANK YOU, COUNCILOR
2:42:24MORILLO.
2:42:31>> OKAY, SO I DO APPRECIATE THE
2:42:36INTENTION OF THIS AMENDMENT. AS
2:42:37SOMEONE WHO DOESN'T HAVE A CAR
2:42:41AND NEEDS TO TAKE PUBLIC
2:42:42TRANSIT AND RIDE MY BIKE TO GET
2:42:44AROUND PLACES. I KNOW THAT IN
2:42:48YOUR Q AND A, YOU SAY THAT, YOU
2:42:50KNOW, PEOPLE DON'T CARE ABOUT
2:42:52WHICH GOVERNMENT PAYS FOR WHICH
2:42:54SERVICE. AND I AGREE, AND
2:42:56THAT'S BECAUSE IT'S NOT THEIR
2:42:58RESPONSIBILITY TO CARE ABOUT
2:42:59THAT. BUT IT IS OUR
2:43:00RESPONSIBILITY AS THE BUDGET
2:43:02AUTHORITY TO CARE ABOUT THAT,
2:43:04BECAUSE THE CITY OF PORTLAND,
2:43:07I'M REALLY WORRIED ABOUT THE
2:43:09FINANCIAL STAKES THAT ARE
2:43:11COMING BEFORE US, AND THAT IS
2:43:14PARTIALLY WHY I'VE BEEN AGAINST
2:43:15SOME OF THE MAJOR INVESTMENT
2:43:17PROJECTS THAT PEOPLE ARE
2:43:18PROPOSING, BECAUSE I JUST DON'T
2:43:19THINK THE MONEY IS THERE. SO
2:43:23THE REALITY IS THAT, YES, FOR
2:43:25US AS LEGISLATORS AND AS POLICY
2:43:27MAKERS AND BUDGET AUTHORITY
2:43:28FOLKS, YES, THE LEGISLATURE DID
2:43:31FAIL TO FUND THE TO FUND PUBLIC
2:43:34TRANSIT. AND THAT DOES MATTER
2:43:36BECAUSE WE HAVE VERY LIMITED
2:43:38DOLLARS HERE AT THE LOCAL LEVEL
2:43:39TO WORK WITH. SO I LIKE THE
2:43:42IDEA OF THIS. I GUESS I'M NOT.
2:43:44I JUST DON'T UNDERSTAND WHY WE
2:43:46WOULD PASS THIS HERE AND PUT IT
2:43:49IN STONE RATHER THAN WAIT FOR
2:43:51THE, THE PROCESS TO ACTUALLY
2:43:53HAVE THIS DISCUSSION WITH
2:43:56STAKEHOLDERS BEFORE MAKING THIS
2:43:58UNILATERAL DECISION FROM THE
2:44:00COUNCIL. I THINK THAT THERE ARE
2:44:02OPPORTUNITIES TO MAKE THIS
2:44:03CHANGE. AND I THINK THAT IN THE
2:44:05NEXT CLIMATE INVESTMENT PLAN,
2:44:06IT'S VERY LIKELY THAT THIS WILL
2:44:08HAPPEN, BECAUSE FROM WHAT I'VE
2:44:10HEARD, A LOT OF PEOPLE ARE
2:44:11INTERESTED IN USING PCEF FOR
2:44:12TRANSIT. BUT I DON'T THINK THAT
2:44:17WE HAVE ENOUGH INFORMATION, ANY
2:44:19OF US, ON WHAT THE QUOTE
2:44:21UNQUOTE, COMMUNITY WANTS,
2:44:22BECAUSE WE HAVEN'T EVEN GIVEN
2:44:24THE TIME FOR THAT PROCESS IN
2:44:25THE FIRST PLACE. SO I THINK FOR
2:44:28THAT REASON, EVEN THOUGH,
2:44:30FRANKLY, THIS WOULD BENEFIT ME
2:44:32THE MOST, I DON'T THINK I CAN
2:44:34SUPPORT THIS TODAY. AND I THINK
2:44:39FOR THE RECORD, TO EVERY SINGLE
2:44:41PERSON UP HERE HATES THE THE
2:44:42ORIGINAL ARTS TAX AND DIDN'T
2:44:44EVEN LIKE THE UPDATE THAT MUCH,
2:44:46BUT WE HAD TO DO SOMETHING TO
2:44:47MAKE IT A LITTLE BIT BETTER,
2:44:49GIVEN THE FACT THAT IT WAS A
2:44:51VOTER APPROVED BALLOT MEASURE
2:44:52THAT NOW EVERYONE COMPLAINS
2:44:53ABOUT. SO THERE ARE LOTS OF
2:44:54THINGS LIKE, I LOVE WHAT THE
2:44:56ARTS TAX FUNDS. I DON'T REALLY
2:44:57LIKE HOW IT'S STRUCTURED. AND I
2:44:59THINK WE MADE A MARGINAL
2:45:00ATTEMPT TO MAKE IT BETTER. BUT
2:45:02I THINK THAT WHEN WE HAVE THE
2:45:04CHOICE BEFORE US TO NOT REPEAT
2:45:05THE MISTAKES OF THE PAST, THEN
2:45:07WE SHOULD PROBABLY TAKE THAT
2:45:08CHOICE. SO FOR THOSE REASONS,
2:45:10I'M GOING TO BE VOTING NO ON
2:45:12THIS.
2:45:12>> THANK YOU, COUNCILOR MORILLO
2:45:13COUNCILOR PIRTLE-GUINEY.
2:45:15>> THANK YOU, COUNCIL PRESIDENT
2:45:16COUNCILOR NOVICK, JUST TO
2:45:17CLARIFY, THE WAY THAT YOU HAVE
2:45:19THIS ADDED TO THE ORDINANCE,
2:45:23DOES IT PUT THIS LANGUAGE IN
2:45:24CODE OR DOES IT JUST PUT IT IN
2:45:26THE ORDINANCE AS A DIRECTIVE?
2:45:28>> IT'S A IT'S IN THE FINDINGS,
2:45:30OKAY. IT'S AN EXPRESSION OF A
2:45:32COMMITMENT.
2:45:32>> SO WE.
2:45:32>> ARE KIND OF LIKE A WHEREAS
2:45:34CLAUSE.
2:45:35>> PERFECT. THAT'S HOW I WAS
2:45:36READING THIS WAS LIKE A.
2:45:38WHEREAS CLAUSE. I WANTED TO
2:45:41CLARIFY THAT ON THE RECORD. SO
2:45:43COLLEAGUES, AS YOU MAY HAVE
2:45:45PICKED UP ON COUNCILOR. NOVICK.
2:45:46AND I DON'T AGREE ON EVERYTHING
2:45:49AROUND OUR PRIORITIES FOR CF
2:45:51AND AS IT RELATES TO OUR
2:45:53PRIORITIES FOR HOW FUNDING ON
2:45:54TRANSPORTATION MIGHT BE SPENT,
2:45:57I THINK WILL BE ASKING FOR THE
2:45:59PCEF COMMITTEE TO LOOK AT
2:46:00DIFFERENT THINGS WITHIN THE
2:46:01TRANSPORTATION BUCKET. BUT I
2:46:03AGREE WITH COUNCILOR NOVICK
2:46:04THAT WE NEED TO DO MORE ON
2:46:07TRANSPORTATION IN GENERAL,
2:46:08WHERE WE KNOW THAT WE WILL GET
2:46:10THE MOST REDUCTION IN IN
2:46:14EMISSIONS FOR THE DOLLARS THAT
2:46:16WE PUT IN. WE HAD A
2:46:18PRESENTATION IN THE CITY LIFE
2:46:20COMMITTEE RECENTLY ABOUT HOW
2:46:23WOEFULLY FAR OFF WE ARE RIGHT
2:46:24NOW FROM MEETING OUR CLIMATE
2:46:25GOALS. AND THIS IS THE AREA
2:46:28WHERE WE CAN CATCH UP THE MOST
2:46:31ON OUR CLIMATE GOALS, AND IT IS
2:46:33DIRECTLY RELATED TO WHAT WE ARE
2:46:35DOING IN THE REST OF THIS
2:46:37ORDINANCE. AS COUNCILOR NOVICK
2:46:39SAID IT, IT IS DIRECTLY RELATED
2:46:41TO OUR ABILITY TO ACTUALLY
2:46:44DECREASE DEMAND SO THAT THE
2:46:45DRAW DOWN OF FUELS IS WORKING
2:46:48WITH OUR ECONOMY, SO THAT
2:46:51INCREASING SAFETY IN OUR
2:46:53COMMUNITIES IS WORKING WITH OUR
2:46:55ECONOMY, INSTEAD OF REACHING
2:46:58THAT POINT WHERE OUR ECONOMIC
2:47:00NEEDS AND OUR SAFETY NEEDS ARE
2:47:01AT ODDS WITH EACH OTHER.
2:47:04COUNCILOR NOVICK. I AM
2:47:07UNCOMFORTABLE GOING UP TO THE
2:47:0940% MARK. I'M UNCOMFORTABLE
2:47:10WITH THAT BECAUSE, AS YOU NOTED,
2:47:12THE ORIGINAL DIRECTION ON PCEF
2:47:14DID INCLUDE THINGS THAT THAT
2:47:17ARE IN DIFFERENT CATEGORIES
2:47:19THAN 100%. WHAT IS REDUCING OUR
2:47:22WHAT IS LEADING US TO MORE
2:47:23RENEWABLE ENERGY AND ENERGY
2:47:25EFFICIENCY? THAT JOB TRAINING,
2:47:26REGENERATIVE AGRICULTURE. THERE
2:47:27ARE OTHER PRODUCTS THAT MAY NOT
2:47:29FIT WITHIN THAT PRIMARY
2:47:31CATEGORY. BUT IF, AS YOU HEAR
2:47:33THE DEBATE, YOU FIND THAT THERE
2:47:34IS AN INTEREST AROUND THIS DAIS
2:47:37IN TALKING ABOUT MAKING
2:47:38PROGRESS, INCREASING THE
2:47:40PERCENTAGE, MAYBE A 30%
2:47:43PERCENTAGE OR LANGUAGE LIKE
2:47:45MOVING CLOSER TO THE
2:47:47PROPORTIONAL 40% OF OUR
2:47:49EMISSIONS THAT ARE TIED TO
2:47:51TRANSPORTATION. I WOULD BE VERY
2:47:54INTERESTED IN LANGUAGE LIKE
2:47:56THAT. AND IN NOTING IN OUR OUR
2:47:59ORDINANCE, THE NEED TO BE DOING
2:48:01THIS WORK ON THE FRONT END AS
2:48:02WELL. THANK YOU.
2:48:05>> THANK YOU, COUNCILOR
2:48:06PIRTLE-GUINEY. COUNCILOR.
2:48:08KOYAMA LANE. BUT JUST A QUICK
2:48:09PROGRAMING NOTE, COLLEAGUES, IT
2:48:10IS 445. WE ARE WE HAVE
2:48:12ADDITIONAL AMENDMENTS AFTER
2:48:13THIS. AND SO WE WILL NOT BE
2:48:15FINISHING THIS ITEM TODAY.
2:48:16WE'LL GET THROUGH SOME DEBATE
2:48:17AND WE WILL BE CONTINUING THIS
2:48:18ITEM AT 5:00. COUNCILOR KOYAMA
2:48:20LANE.
2:48:21>> I WANT TO THANK COUNCILOR
2:48:22NOVICK FOR BRINGING THIS UP AND
2:48:24FOR CARING ABOUT. DRAW DOWN A
2:48:28REAL HAVING A REAL DRAW DOWN OF
2:48:32OUR NEED FOR TRANSPORTATION
2:48:34FUEL. I SEE YOUR COMMITMENT AND
2:48:35I HEAR YOU CONTINUING TO TALK
2:48:37ABOUT IT. YOU'RE NOT SURPRISED
2:48:39BECAUSE WE HAD TALKED ABOUT
2:48:41THAT. I'M NOT QUITE COMFORTABLE
2:48:42WITH THE SPECIFIC LANGUAGE OF
2:48:43THE 40%. I WOULD FEEL MORE
2:48:45COMFORTABLE WITH. A COUNCIL
2:48:47EXPRESSES COMMITMENT TO
2:48:48INCORPORATE STRATEGIES TO
2:48:49REDUCE THE DEMAND FOR FOSSIL
2:48:50FUELS AND TRANSPORTATION ACROSS
2:48:53ITS PLANNING AND OPERATIONS.
2:48:55I'M NOT CONVINCED THAT THIS IS
2:48:56THE EXACT PLACE TO DO THIS, AND
2:48:58I ALSO KNOW THAT WE'RE GOING TO
2:48:59HAVE A CHANCE TO BE ENGAGING IN
2:49:01PLANNING FOR THE NEXT CIP THIS
2:49:03FALL, WHICH I BELIEVE
2:49:05STAKEHOLDERS ARE REALLY EXCITED
2:49:06TO HAVE COUNCILORS BE MORE PART
2:49:08OF THAT CONVERSATION. I AGREE
2:49:09THAT WE NEED TO DO MORE TO MAKE
2:49:12SURE THAT WE ARE REDUCING THE
2:49:13DEMAND FOR FOSSIL FUELS AND
2:49:15TRANSPORTATION. YEAH, BUT IT
2:49:18CAN'T SUPPORT IT HOW IT IS
2:49:19RIGHT NOW. BUT THANK YOU.
2:49:21>> THANK YOU, COUNCILOR KOYAMA
2:49:22LANE COUNCILOR AVALOS.
2:49:24>> I'LL JUST ECHO WHAT MY
2:49:25COLLEAGUE SAID AND APPRECIATE
2:49:27YOUR DILIGENCE. I UNDERSTAND
2:49:29WHERE YOU'RE COMING FROM, AND I
2:49:31DO THINK THAT WE NEED TO HAVE A
2:49:33MORE SERIOUS DISCUSSION ABOUT
2:49:34THE WAY THAT SFF ADDRESSES
2:49:37THESE THESE NEEDS, BUT THIS IS
2:49:40NOT THE RIGHT PLACE FOR IT. I
2:49:42DON'T KNOW THAT THAT PERCENTAGE
2:49:44IS CORRECT. AND I WANT TO WHEN
2:49:46I SAY COMMUNITY, I MEAN THE
2:49:48PEOPLE THAT WE PUT IN CHARGE OF
2:49:49MAKING DECISIONS FOR SFF. AND I
2:49:52WANT TO KNOW WHAT THEIR TAKE IS
2:49:53ON THIS. AND WE'RE ABOUT TO
2:49:54EMBARK ON A WHOLE NEW CIP. AND
2:49:56THAT IS WHERE WE CAN HAVE A
2:49:58MORE DILIGENT PROCESS THAT IS
2:50:01HOLISTIC AND DOES ACTUALLY
2:50:02INCLUDE THE ENTIRE CITY AS
2:50:04WE'RE DEVELOPING THAT. AND SO I
2:50:06WON'T BE SUPPORTING THIS TODAY,
2:50:07BUT I APPRECIATE YOUR EFFORTS,
2:50:10AND I AGREE WITH YOUR
2:50:11INTENTIONS, AND I LOOK FORWARD
2:50:12TO WORKING WITH YOU ON
2:50:13ACCOMPLISHING THIS IN ANOTHER
2:50:15WAY AS WE ENTER THE CIP. THANKS.
2:50:17>> THANK YOU, COUNCILOR AVALOS.
2:50:18COUNCILOR SMITH.
2:50:20>> THANK YOU, COUNCIL PRESIDENT.
2:50:23I, TOO, APPRECIATE YOUR
2:50:25INTEREST IN THIS COUNCILOR
2:50:27NOVICK. I WILL NOT BE
2:50:28SUPPORTING IT BECAUSE I THINK
2:50:30IT'S NOT IN THE RIGHT PLACE. I
2:50:31THINK THIS IS A STANDALONE
2:50:33RESOLUTION, AND IT SHOULD HAVE
2:50:34BEEN BROUGHT AS A STANDALONE
2:50:36BECAUSE, AS YOU SEE. NO ONE IN
2:50:39THE COMMUNITY KNEW YOU WERE
2:50:41BRINGING THIS FORWARD. SO TO
2:50:42HAVE THIS CONVERSATION RIGHT
2:50:44NOW, AND IF THEY HAD KNOWN THAT
2:50:47YOU WERE GOING TO BE ADDING AN
2:50:48AMENDMENT TO PCEF, THAT WOULD
2:50:51HAVE AN IMPACT ON PCEF, THAT
2:50:53WOULD BE A DIFFERENT STORY. AND
2:50:55I DO WANT TO WAIT FOR THE TIME
2:50:58FRAME IN THE FALL TO SEE WHAT'S
2:51:00WHAT'S HAPPENING. AND I'D LIKE
2:51:02TO HEAR THIS AS A STANDALONE,
2:51:03NOT AS AN AMENDMENT. IT'S A,
2:51:05YOU KNOW, IT'S A VERY
2:51:07AGGRESSIVE WAY TO, TO, TO MAKE
2:51:08YOUR POINT. BUT I HEAR YOU LOUD
2:51:12AND CLEAR. I WON'T BE SUPPORT
2:51:14SUPPORTING THIS.
2:51:15>> THANK YOU, COUNCILOR SMITH.
2:51:16COUNCILOR NOVICK.
2:51:18>> THANK YOU, MR. PRESIDENT.
2:51:19FIRST OF ALL, I DO WANT TO SAY
2:51:21THAT I DID GIVE THE CO-CHAIRS
2:51:23OF THE SUBCOMMITTEE A HEADS UP
2:51:24ABOUT THIS A FEW DAYS AGO.
2:51:26DIDN'T HEAR HER RESPONSE FROM
2:51:27THEM. I WANT TO SAY THAT AN
2:51:29ARGUMENT FOR DOING THIS NOW IS
2:51:33TO IMPROVE THE CREDIBILITY OF
2:51:34THIS BODY. I THINK THAT IF WE
2:51:37SAY WE WANT TO REDUCE THE
2:51:40AMOUNT OF FUEL IN THE SCI HUB,
2:51:42AND WE AND WE DON'T AT THE SAME
2:51:45TIME COMMIT TO DOING WHAT WE
2:51:46CAN TO REDUCE DEMAND. I THINK
2:51:48THERE'S AN ARGUMENT THAT WE
2:51:49LOOK SILLY. I THINK IT'S
2:51:50IMPORTANT TO SAY RIGHT NOW,
2:51:52TODAY, THAT WE ARE PREPARED TO
2:51:54PUT OUR MONEY WHERE OUR MOUTHS
2:51:56ARE. I ALSO WANT TO NOTE THAT
2:51:58FOR THE PAST FIVE YEARS, WE'VE
2:51:59BEEN SPENDING MORE THAN HALF OF
2:52:01THE MONEY IN SFF ON BUILDINGS.
2:52:04SO I'M NOT EVEN TALKING ABOUT
2:52:05EVENING THAT EVENING THAT OUT.
2:52:07I MEAN, IF I WANTED EVEN IT OUT,
2:52:08I'D SAY LET'S SPEND 53% ON
2:52:10TRANSPORTATION OVER THE NEXT
2:52:11FIVE YEARS. I'M JUST TALKING
2:52:13ABOUT GETTING TO 40%, WHICH IS
2:52:15THE PERCENTAGE OF EMISSIONS
2:52:16COMING FROM TRANSPORTATION TO
2:52:17GET US A LITTLE CLOSER TOWARDS
2:52:19PARITY. SO I DON'T THINK I'M
2:52:20BEING EXTREME. I ALSO WANT TO
2:52:22SAY THAT I REALLY APPRECIATE MY
2:52:23COLLEAGUES KIND WORDS, AND I
2:52:27KNOW THAT YOU UNDERSTAND THAT
2:52:29IF THIS AMENDMENT FAILS, YOU
2:52:30CAN LOOK FORWARD. WHEN WE TALK
2:52:32ABOUT THE CIP, THE CIP, NEW CIP
2:52:35NEXT YEAR, WHICH, YOU KNOW, IF
2:52:37ALL OF US ARE REELECTED, WE'LL
2:52:38START DISCUSSING, ACCORDING TO
2:52:39SAM BARRASSO IN MARCH, PART OF
2:52:42THIS WAS TO SERVE. YOU NOTICE
2:52:44THAT WHATEVER WE TALK ABOUT THE
2:52:45AMOUNT OF MONEY IN PCEF GOING
2:52:47INTO TRANSPORTATION, I WILL BE
2:52:48JUMPING UP AND DOWN SAYING, SCI
2:52:49HUB, SCI HUB AT THE TOP OF MY
2:52:51LUNGS. BUT THEN OBVIOUSLY I'M
2:52:53GOING TO CONTINUE TO DO THAT
2:52:54REGARDLESS OF THE VOTE TODAY,
2:52:55BUT I REALLY WOULD APPRECIATE
2:52:58IT IF WE GOT A YES VOTE TO SHOW
2:53:00THAT WE ARE SERIOUS, THAT WE
2:53:03COME TO PLAY WHEN IT COMES TO
2:53:04THE SCI HUB.
2:53:05>> THANK YOU. COUNCILOR. NOVICK.
2:53:07COUNCILOR.
2:53:07>> RYAN YES, THANK YOU, COUNCIL
2:53:09PRESIDENT PERHAPS. COUNCILOR.
2:53:11NOVICK. BECAUSE YOU SOCIALIZE
2:53:12THIS A FEW TIMES IN THE FORMER
2:53:14CLIMATE COMMITTEE. I'M NOT
2:53:17TAKEN BACK BY THIS AT ALL. AND
2:53:19I THINK IT GETS TO THE HEART OF
2:53:20THE MATTER. AND IT'S THE ACTION
2:53:22THAT WILL ACTUALLY HAVE IMPACT
2:53:23ON OUR CLIMATE. SO I'M GOING TO
2:53:25VOTE YESTERDAY ON THIS
2:53:26AMENDMENT. THANK YOU.
2:53:27>> THANK YOU, COUNCILOR RYAN.
2:53:29COUNCILOR ZIMMERMAN.
2:53:31>> STEVE, I LOVE IT. I THINK I
2:53:34THINK YOU'VE GOT HIM ON THE
2:53:35ROPES A LITTLE BIT, RIGHT?
2:53:36BECAUSE THERE'S THIS DOGMA
2:53:37AROUND. NOBODY CAN TALK ABOUT
2:53:39SFF UNLESS YOU'RE ON THE
2:53:40SUBCOMMITTEE. AND I THINK
2:53:41YOU'VE JUST NAILED IT IN TERMS
2:53:43OF THERE'S SOME MORE DIRECTION
2:53:44GIVING THAT HAS TO HAPPEN FROM
2:53:45THIS COUNCIL. AND I THINK THAT
2:53:47YOU ARE STRIKING A HEART AT WHY
2:53:49I'D LIKE TO SEE MORE AGGRESSIVE
2:53:52TRANSPORTATION IMPROVEMENTS ON
2:53:54THE CARBON EMISSIONS AND
2:53:56TRANSPORTATION EMISSIONS. SO I,
2:53:59I HAVE FELT THE PUSHBACK FROM
2:54:02THE KIND OF INSULAR. AND I AT
2:54:05TIMES, I THINK STAFF HAS
2:54:07LARGELY BUILT UP THAT INSULAR
2:54:10NATURE AROUND AROUND THIS ISSUE.
2:54:12BUT I THINK YOU'RE STRIKING
2:54:13RIGHT AT WHAT IT NEEDS TO BE.
2:54:15THERE ARE A LOT OF QUESTION
2:54:16MARKS THAT I HAVE ON THIS, AND
2:54:18I'D LIKE TO KIND OF UNDERSTAND
2:54:20SOME OF THE SOME OF THE, YOU
2:54:22KNOW, THE OUTCOMES AND WHAT
2:54:24MIGHT MIGHT CHANGE IN PCEF. BUT
2:54:27LARGELY, I SEEM VERY SUPPORTIVE
2:54:29OF THIS BECAUSE I DO BELIEVE,
2:54:31LIKE YOU HAVE BEEN THE ONE
2:54:32PERSON, THE ONE VOICE ON THIS
2:54:33WHO IS TALKING ABOUT REAL
2:54:35IMPACT INSTEAD OF MAKING SURE
2:54:37THAT VARIOUS COMMUNITY GROUPS
2:54:39AND NONPROFITS GET THEIR PIECE
2:54:40TO START THEIR, THEIR, YOU KNOW,
2:54:42PART OF THE BUSINESS, IF YOU
2:54:43WILL, BUT YOU'RE THE ONE
2:54:44TALKING ABOUT CHANGING CLIMATE
2:54:46IMPACTS. AND I REALLY
2:54:47APPRECIATE THAT. SO THANK YOU,
2:54:49COUNCILOR.
2:54:50>> THANK YOU, COUNCILOR
2:54:51ZIMMERMAN. COLLEAGUES, I PUT
2:54:52MYSELF IN THE QUEUE NEXT. I
2:54:54ACTUALLY VERY MUCH AGREE WITH
2:54:56WHAT, WHAT, WHERE COUNCILOR
2:54:58ZIMMERMAN WAS STARTING TO SAY
2:54:59THAT I THINK THERE REALLY IS A
2:55:01VERY SERIOUS NEED FOR THIS BODY
2:55:05TO REVIEW AND PUT SOME
2:55:06GUIDELINES AROUND THE SFF
2:55:07ALLOCATIONS. I THINK THAT
2:55:08THERE'S A NARRATIVE IN THE
2:55:10BROADER COMMUNITY THAT WE ARE
2:55:12GOING A MILE WIDE AND AN INCH
2:55:13DEEP, THAT WE ARE RUDDERLESS,
2:55:15AND WE'RE NOT ACCOMPLISHING THE
2:55:16BIG GOALS THAT WE ACTUALLY ARE
2:55:17ACCOMPLISHING. AND I THINK THAT
2:55:20THAT HAS BEEN ARTICULATED HERE.
2:55:21AND I KEEP HEARING THAT OVER IN
2:55:23CONVERSATIONS OVER. I THINK
2:55:24THAT THIS IS A GREAT PLACE FOR
2:55:25THIS DISCUSSION. I THINK THAT
2:55:27THIS ORDINANCE IS NOT THE RIGHT
2:55:29PLACE TO MAKE THOSE KINDS OF
2:55:30PRESCRIPTIVE GOALS. I THINK IT
2:55:32NEEDS TO BE, AS PART OF THE
2:55:34MORE HOLISTIC DISCUSSION ON THE
2:55:36TOPIC OF PCEF AND TRYING TO
2:55:39REALLY RECENTER THE THE
2:55:41COMMUNITY CONVERSATION, BUT
2:55:42ALSO THE ACTUAL WORK OF IT. SO
2:55:46I WILL BE A NO ON THIS
2:55:48AMENDMENT TODAY, BUT DO
2:55:49APPRECIATE AND SUPPORT THE MORE
2:55:51DIRECTIVE CONVERSATION COMING
2:55:53FORWARD. AND I ALSO WANT TO
2:55:54JUST MENTION THAT 250 000
2:55:57PEOPLE BEING EXEMPTED FROM
2:55:58PAYING THE ARTS EDUCATION TAX
2:55:59IS BETTER THAN A MARGINAL
2:56:00IMPROVEMENT.
2:56:03>> I VOTED YES, YOU. DID VOTE
2:56:05YES, BUT I'M.
2:56:07>> ANYWAY, THANK YOU. THANK YOU
2:56:08VERY MUCH, COLLEAGUES.
2:56:09COUNCILOR GREEN.
2:56:12>> THANK YOU, COUNCILOR NOVICK
2:56:15I, I RODE THE BUS IN TODAY. I
2:56:17SIGNED UP FOR THE ONE WEEK
2:56:19WITHOUT DRIVING. I TRIED TO NOT
2:56:21DRIVE AS MUCH AS I CAN. IT IS
2:56:22DIFFICULT WHERE I LIVE TO NOT
2:56:24DRIVE, AND IT IS NOW EVEN MORE
2:56:26DIFFICULT TO TAKE THE BUS AFTER
2:56:28TRIMET'S CUTS. LIKE YOU, I HAVE
2:56:32ALSO AT TIMES SORT OF. I'M NOT
2:56:34GOING TO SAY BLURRED IT OUT
2:56:36NECESSARILY BECAUSE IT HAS A
2:56:37NEGATIVE CONNOTATION, BUT
2:56:38FEELING THE PASSION OF THE
2:56:40KNOWING THAT OUR TRIMET SYSTEM
2:56:42IS, IS, IS IN A DEATH SPIRAL IF
2:56:44WE DON'T DO SOMETHING I'VE
2:56:45TALKED ABOUT VERY CANDIDLY,
2:56:46VERY OPENLY, THAT WE NEED TO
2:56:48USE PCEF IN A MORE INTENTIONAL
2:56:50WAY TO BACKSTOP TRIMET. AND
2:56:52I'VE GOTTEN KIND OF A BIT OF A
2:56:54WHIPLASH ON THAT MYSELF. SO I
2:56:56APPRECIATE THE NEED TO, TO, TO
2:56:58PUT SOME COUNCIL INTENT HERE. I
2:57:01THINK IN TERMS OF LIKE
2:57:02CREDIBILITY OF THE BODY, I
2:57:04THINK THERE'S A LOT OF
2:57:06DIFFERENT WAYS WE CAN DO THAT.
2:57:07WE COULD WE COULD ADOPT A
2:57:10RESOLUTION THAT SAYS, HERE'S
2:57:11WHAT WE WANT TO SEE IN THE NEXT
2:57:13CIP. I JUST HAD A MEETING WITH
2:57:14THE CHAIRS OR AND SOME OF THE
2:57:16SOME OF THE COMMISSIONERS ON
2:57:18THE THE CLIMATE SUSTAINABILITY
2:57:20COMMISSION, THEY WERE GIVING US
2:57:21AN OVERVIEW OF THE CLIMATE
2:57:22ACTION PLAN. ONE OF THE THINGS
2:57:24THAT I SAID IS I WANT TO MAKE
2:57:26SURE THAT THE CLIMATE ACTION
2:57:27PLAN IS IN SYNC WITH THE CIP
2:57:30AND AND VICE VERSA. AND SO I
2:57:32THINK THAT'S LIKE COMMITTING TO.
2:57:34THAT IS WHAT GIVES CREDIBILITY
2:57:36TO THE BODY. ULTIMATELY, WE ARE
2:57:38THE DECISION MAKERS, BUT I
2:57:40BELIEVE VERY STRONGLY IN
2:57:43EMPOWERING OUR COMMUNITIES TO
2:57:44HELP US MAKE THOSE DECISIONS.
2:57:46AND SO THE CIP IS IMPORTANT,
2:57:48AND I THINK THAT'S WHERE WE
2:57:49NEED TO TAKE THIS UP. I DON'T
2:57:51THINK IT'S 40%. SO I CAN'T
2:57:53SUPPORT THIS TODAY. BUT BUT
2:57:54AGAIN, I DO APPRECIATE YOUR
2:57:55WILLINGNESS TO SORT OF SCREAM
2:57:57FROM THE MOUNTAINTOPS THAT WE
2:57:58NEED SOME MONEY FOR TRANSIT.
2:58:00THANKS.
2:58:01>> THANK YOU VERY MUCH.
2:58:02COUNCILOR GREEN COLLEAGUES
2:58:03PROGRAMING NOTE IT IS 456.
2:58:05THERE ARE STILL THREE OTHER
2:58:06COUNCILORS IN QUEUE. I AM
2:58:08GAVELING US OUT AT 5:00, BUT WE
2:58:09WILL KEEP THE ORDER OF FOLKS
2:58:11WHO ARE IN QUEUE TO CONTINUE
2:58:12THIS WHEN WE ARE CONTINUED ON
2:58:14THE SEVENTH. VICE PRESIDENT.
2:58:16>> CLERK THANK YOU, COUNCIL
2:58:17PRESIDENT, I REALLY APPRECIATE
2:58:19YOUR INTELLECTUAL INTEGRITY
2:58:21HERE, AND I THINK WE'RE SENDING
2:58:24AN IMPORTANT MESSAGE. IT MAY BE
2:58:26A SYMBOLIC VOTE ON OUR PART OR
2:58:28MY PART, BUT AS THE PERSON AT
2:58:30THE DAIS WHO RAISED BILLIONS OF
2:58:32DOLLARS FOR TRANSIT, I
2:58:34APPRECIATE THIS. AND THIS COULD
2:58:35FORCE US TO CHANGE PISF AND TO
2:58:39INCREASE THE AMOUNT OF MONEY
2:58:40THAT SFF BRINGS IN. SO THANK
2:58:42YOU. YOU HAVE MY VOTE.
2:58:43>> THANK YOU, VICE PRESIDENT,
2:58:44CLERK COUNCILOR KANAL.
2:58:46>> COUNCIL PRESIDENT. I'M
2:58:47PROBABLY GOING TO TAKE PAST
2:58:495:00 IF I START ON THIS, SO I'M
2:58:51GOING TO LEAVE IT TO YOU HOW
2:58:52YOU WANT TO HANDLE IT.
2:58:54>> COUNCILOR HOW QUICK.
2:58:55>> DO YOU WANT ME? UNTIL NEXT
2:58:57WEEK.
2:58:58>> I'LL WAIT UNTIL NEXT.
2:58:59>> WEEK IF YOU WANT.
2:59:00>> TO JUST GAVEL.
2:59:01>> US OUT. ALL RIGHT.
2:59:03>> COLLEAGUES, UNDERSTANDING WE
2:59:03ARE AT A LIMIT OF TIME. I'M
2:59:05GOING TO READ MY LITTLE SCRIPT
2:59:07FOR A SECOND. ITEM 2026-312.
2:59:08THE ORDINANCE FOR THE BULK FUEL
2:59:10FOR BULK. BULK FUEL TERMINAL
2:59:13CAPACITY REDUCTION REGULATION
2:59:15IS CONTINUED TO AN ADDITIONAL
2:59:16MEETING BEFORE THE CITY COUNCIL
2:59:18ON OCTOBER 7TH, 2026 AT 10:00
2:59:20AM. THE RECORD FOR ORAL
2:59:22TESTIMONY ON THESE TWO
2:59:23ORDINANCES WAS CLOSED ON
2:59:25SEPTEMBER 24TH, 2026. THE
2:59:27RECORD FOR WRITTEN TESTIMONY ON
2:59:28THESE TWO ORDINANCES WAS CLOSED
2:59:29AS OF 12:00 NOON TODAY, OCTOBER
2:59:321ST, 2026, BASED ON COUNCIL
2:59:35DELIBERATIONS ON POSSIBLE
2:59:36AMENDMENTS, COUNCIL MAY DECIDE
2:59:37TO REOPEN THE RECORD FOR ORAL
2:59:39AND WRITTEN TESTIMONY AT A
2:59:40FUTURE MEETING. LAUREN, I'M
2:59:43LOOKING TO YOU TO SEE IF I NEED
2:59:44TO SAY ANYTHING ELSE. WE WILL
2:59:47VOTE ON NEXT WEEK.
2:59:49>> NO, THAT'S CORRECT, MR.
2:59:50CONTINUED.
2:59:51>> AND THE RECORD IS CLOSED.
2:59:52>> GREAT. OKAY.
2:59:53>> WITH THAT, WE ARE ADJOURNED.
2:59:56>> THANK YOU.
2:59:58>> A CLIFFHANGER