ORDINANCE No. 177012

* Authorize an agreement with the City of Gresham to provide laboratory analytical services (Ordinance)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The Goal of this Intergovernmental Agreement is to provide laboratory analytical services for the City of Gresham by the City of Portland.

2.  The City of Gresham was issued a National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit. The NPDES permit requires implementation of a stormwater management plan, monitoring requirements, and submittal of an annual report;

3.  The City of Gresham, as a designated management agency, is required to implement a plan to monitor and meet the Total Maximum Daily Load (TMDL) requirements for discharges to the Columbia Slough. The specific goal of the TMDL Implementation Plan is to describe a strategy for reducing discharges from nonpoint sources to the level of the load allocations and for reducing discharges from point sources to the level of the wasteload allocations prescribed in the TMDL. The TMDL Implementation Plan includes: programs to address illicit discharges and direct discharge of human wastes; nonpoint pollution source assessment and quantification; installation of best management practices (BMPs) and implementation of nonpoint pollution source controls; and annual reporting. A monitoring plan is also required to determine if: a) management measures (BMPs) are being implemented, b) allocations are being met; c) specific management measures (BMPs) are effective; and 4) water quality standards are being met;

4.  Johnson and Fairview Creeks have been placed on the Oregon Department of Environmental Quality’s (DEQ’s) 1994/1996 and 1996/1998 303(d) list of water quality limited, impaired waterbody list for multiple parameters;

5.  The City of Gresham is implementing a storm and surface water monitoring program to assess: instream baseline conditions, identification of pollutants and their sources, illicit connections and illegal dumping, long-term trends and pollutant reduction effectiveness;

6.  Two new federal mandates will require the City of Gresham’s Stormwater Division to implement effectiveness and adaptive monitoring programs to comply with the Underground Injection Control (UIC), and Endangered Species Act (ESA) regulations.

7.  This intergovernmental agreement is in conformance with a Memorandum of Agreement (MOA), which outlines an agreement with jurisdictions throughout the Johnson Creek watershed for cooperation, coordination, and support and;

8.  The purpose of this Agreement is to detail the responsibilities, compensation and services to be provided by each party.

NOW, THEREFORE, the council directs:

 a.  The Bureau Director and Auditor are authorized to execute a contract with City of Gresham for the purpose described in Section 1, in the amount of $300,000 through June of 2005.

 b.  The Mayor and Auditor are hereby authorized to accept approximately $300,000 for revenues in the Bureau of Environmental Services Sewer Operating Fund from the City of Gresham for the City of Portland providing laboratory analytical services.

Section 2.  The Council declares that an emergency exists because the City of Portland is ready to provide services to the City of Gresham in a timely manner and Gresham is ready to pay for services of the City of Portland. 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

Duane Linnertz

10-23-02  Deputy

24613030/476000

IGA Gresham 10-2-02 Ordinance.doc

BACKING SHEET INFORMATION

AGENDA NO. 1301-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177012