ORDINANCE No. 177011

*Authorize contract with Johnson Creek Watershed Council for restoration, education and stewardship services for Johnson Creek (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  Johnson Creek is one of the last free running streams in the City of Portland, and as such plays a critical role in restoring populations of fish species listed as threatened under the Federal Endangered Species Act. Improving water quality, fish habitat and community watershed stewardship for Johnson Creek are goals set forth in the Johnson Creek Restoration Plan endorsed by Council on June 27, 2001 and the City’s Clean River Program, adopted by Council on March 28, 1990. The Johnson Creek Restoration Plan and the city’s efforts in salmon recovery will gain from the inter-jurisdictional coordination and public involvement that is facilitated by the Johnson Creek Watershed Council.

2.  Johnson Creek, in accordance with the Federal Clean Water Act, as been identified as a water quality limited stream (DEQ 303(d) listing). DEQ is scheduled to establish Total Maximum Daily Load (TMDL) allocations for Johnson Creek in December 2003. The City of Portland will be required to develop an implementation plan in response to the TMDL allocations. The City of Portland, along with Gresham, Milwaukie, Happy Valley, Clackamas County, Multnomah County, Metro and the Johnson Creek Watershed Council is part of a Johnson Creek Inter-jurisdictional Committee that is taking a unique, collaborative approach to addressing TMDLs for Johnson Creek.

3.  Environmental education, community stewardship and creek restoration are essential to watershed health and fish species recovery. The Johnson Creek Watershed Council is uniquely positioned to provide leadership in these areas for Johnson Creek.

4.  The established cost is $45,000 per year through FY 2006-2007. $20,000 is available in the Sewer System Operating Fund, FY03 budget, Bureau of Environmental Services, Center Code 145-32-041, Account No. 529000. $25,000 is available in the Sewer System Capital Fund, FY03 budget, Bureau of Environmental Services, Center Code 145-22-110, Project # 7158. Subsequent annual budget requests of $45,000 ($20,000 Sewer System Operating Fund and $25,000 Sewer System Capital Fund) will be submitted through FY 2006-2007.

NOW, THEREFORE, the council directs:

 a.  The Commissioner of Public Affairs and Auditor are authorized to execute a contract with the Johnson Creek Watershed Council for the purpose described in Section 1, in the amount of $45,000 per year through FY 2006-07, not to exceed 225,000.

 b.  The Mayor and Auditor are hereby authorized to draw and deliver warrants chargeable to the Sewer System Operating Fund Budget when demand is presented and approved by the proper authority.

Section 2.  The Council declares that an emergency exists because a delay will severely limit the ability of the Johnson Creek Watershed Council to complete its scope of work and leverage needed funds from other agencies. Therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, OCT 30 2002      Gary Blackmer

Commissioner Dan Saltzman        Auditor of the City of Portland

             By /S/ Susan Parsons

Maggie Skenderian

October 14, 2002            Deputy

145-32-041

145-22-110 #7158 - ord

BACKING SHEET INFORMATION

AGENDA NO. 1300-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177011