RESOLUTION NO. 36127

Adopt the Oregon Department of Transportation Routine Road Maintenance Manual for Water Quality and Habitat Guide Best Management Practices, July 1999, with minor modifications, as an interim guide for the Portland Office of Transportation (Resolution)

WHEREAS, the Portland City Council adopted Resolution No. 35715 in July 1998 expressing its commitment to take a proactive, integrated, citywide approach to support the recovery of salmonid populations; and

WHEREAS, the Portland City Council, in Resolution No. 35715, committed to working in partnership with the National Oceanic and Atmospheric Administration Fisheries to develop a response to salmonid listings; and

WHEREAS, the Portland City Council adopted Resolution No. 35978 in March 2001 endorsing the River Renaissance Vision which expressed its commitment to a clean and healthy river; and

WHEREAS, the Portland City Council adopted Resolution No. 35894 in June 2002, acknowledging the submittal to the National Oceanic and Atmospheric Administration Fisheries of a comprehensive framework for developing a recovery plan for salmon and trout listed under the Endangered Species Act, and that plan would require all City bureaus to proactively collaborate with the City’s Endangered Species Act Program; and

WHEREAS, the Portland Office of Transportation (the City) is required to be protective of salmon and steelhead and to protect habitat and fishery resources that are listed as threatened or endangered under the Federal Endangered Species Act; and

WHEREAS, to minimize the potential environmental impacts of transportation-related maintenance activities on salmonids, the City finds it necessary to implement best management practices. These best management practices are to be protective of fish and help restore native salmon and steelhead habitats within the City; and

WHEREAS, these best management practices are to be developed by the City and submitted to the National Oceanic and Atmospheric Administration Fisheries for review and acceptance; and

WHEREAS, the Oregon Department of Transportation (ODOT) has developed a roadside maintenance manual to minimize the impacts on water quality from routine road maintenance activities. The National Oceanic and Atmospheric Administration Fisheries has accepted the ODOT manual and deemed it protective of fish; and

WHEREAS, while the City can substantially comply with the Oregon Department of Transportation Routine Road Maintenance Manual for Water Quality and Habitat Guide Best Management Practices (July 1999), attached as Exhibit A, the City is also proposing minor modifications to the ODOT manual. These modifications are summarized in a memo, attached as Exhibit B, which serves as the City’s application to National Oceanic and Atmospheric Administration Fisheries.

WHEREAS, National Oceanic and Atmospheric Administration Fisheries will review the City’s application as well as invite public comments. National Oceanic and Atmospheric Administration Fisheries will ultimately determine whether or not the City’s roadside maintenance practices are adequate as described in the application or whether the City will need to make revisions to its application.

WHEREAS, the City is also developing its own routine roadside maintenance manual (referred to herein as City’s manual). This is necessary since not all of the bureau’s maintenance activities are adequately addressed in the ODOT manual and new best management practices will need to be developed. Upon completion, the City’s manual will be submitted to the National Oceanic and Atmospheric Administration Fisheries for review and acceptance; and

WHEREAS, in the interim and until the City’s manual is accepted by National Oceanic and Atmospheric Administration Fisheries, the City proposes to adopt the ODOT manual, with the modifications described in Exhibit B, as the interim guiding document for routine road maintenance activities. The best management practices contained in the ODOT manual will provide the City with some guidance in being protective of fish.

NOW, THEREFORE BE IT RESOLVED, that the City will follow the Oregon Department of Transportation Routine Road Maintenance Manual for Water Quality and Habitat Guide Best Management Practices (July 1999), attached as Exhibit A, as the interim guiding document for routine roadside maintenance.

AND BE IT FURTHER RESOLVED, that the Commissioner of Public Utilities and the Commissioner of Public Works will submit the City’s application to the National Oceanic and Atmospheric Administration Fisheries, attached as Exhibit B, stating the City’s commitment to follow, with modifications, the Oregon Department of Transportation Routine Road Maintenance Manual for Water Quality and Habitat Guide Best Management Practices (July 1999), and to engage in maintenance practices and strategies that are protective of fish.

BACKING SHEET INFORMATION

AGENDA NO. 229

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36127