ORDINANCE No. 178698
* Authorize contract with CH2M HILL, Inc. to complete the National Environmental Policy Act public scoping process and Habitat Conservation Plan interim products in the Bull Run and Sandy River basins (Ordinance)
The City of Portland ordains:
Section 1. The Council finds:
1. Several fish species have been listed as threatened, under the federal Endangered Species Act (ESA), in the Bull Run and Sandy River basins.
2. The lower Bull Run River is listed by the Oregon Department of Environmental Quality as a water quality limited stream due to summer water temperatures and city operations are not in compliance with the Clean Water Act.
3. Some city operations in the Bull Run basin negatively affect the ESA-listed species and the habitat on which they depend, including the temperature of the water. Federal law requires the City to avoid, minimize or mitigate these effects.
4. As a mechanism to obtain compliance with the ESA, the Water Bureau will prepare a habitat conservation plan. To approve the plan, the federal agencies also require preparation of an environmental impact statement. The City will be managing the work, particularly the environmental impact statement, in collaboration with the federal agencies.
5. To comply with the Clean Water Act, the City will complete a temperature compliance plan which will be part of the habitat conservation plan.
6. All work is proceeding in a coordinated and complementary manner with the City’s urban ESA, River Renaissance, and related watershed planning programs. The technical approaches and the underlying scientific principles are very similar. Differences between the two efforts include: land use and land ownership patterns, some key stakeholders, and more direct nature of the City’s impacts.
7. The City does not have the necessary expertise and staff resources to prepare the habitat conservation plan and related documents without a professional services contract. A selection committee, convened in accordance with City Code, recommended the team led by CH2M HILL.
8. The City Council approved of the selection of CH2M Hill in May 2003 for the completion of the Bull Run Water Supply Habitat Conservation Plan and National Environmental Policy Action (Environmental Impact Statement). The total project is expected to cost approximately $1.6 million and approximately $459,000 of those costs will be reimbursed from a grant from the U. S. Fish and Wildlife Service.
9. The contract was divided into phases to aid in project management and cost control. The entire contract, to be implemented by the CH2M HILL team, envisions at least three phases. Contract amendments will be brought to City Council, by separate ordinance, to approve the scope and budget for the subsequent phases.
10. Phase 1 of the multi-phase contract was approved in May 2003 and will end in August 2004. Phase 1 is not-to-exceed $561,262, of which at least $204,000 will be reimbursed.
11. Phase 2A of the contract has a budget of $278,608 and it will end in April 2005. Approximately $162,000 of the Phase 2A cost will be reimbursed.
NOW, THEREFORE, The Council directs:
a. That the Commissioner of Public Affairs and Auditor are authorized to sign a contract with CH2M HILL, as outlined in the attachment, and by reference made a part thereof (attached to the original only).
b. The work herein shall be charged to the FY 2004-2005 Water Fund, Bureau of Water Works. Center Code 18098227, multiple project numbers (1908, 1963, 1964, 1950, 1965, 1966 and 1967), Account 521000.
Section 2. The Council declares that an emergency exists because a delay will impact the City’s ability to comply with federal law and could affect the reliability of our water supply; therefore, this ordinance shall be in force and effect from and after its passage by Council.
Passed by the Council: August 25, 2004 GARY BLACKMER
Auditor of the City of Portland
Commissioner Saltzman By /S/ Susan Parsons
Prepared by: Deputy
Steve Kucas/STK ORD: Bull Run HCP Phase 2A
CENTER: 18098227
BACKING SHEET INFORMATION
AGENDA NO. 1020-2004
ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178698
COMMISSIONERS VOTED AS FOLLOWS: |
YEAS | NAYS | |
FRANCESCONI | X | |
LEONARD | X | |
SALTZMAN | X | |
STEN | X | |
KATZ | X |