RESOLUTION NO. 36319

Authorize the Portland Water Bureau to work with the National Marine Fisheries Service to initiate formal public scoping of a proposed package of measures for the Bull Run Habitat Conservation Plan (Resolution)

WHEREAS,  the quality of life in Portland is directly related to the protection and stewardship of natural resources such as land, earth, air and water; and

WHEREAS,  the Portland City Council shares the community’s values for a healthy environment and believes that the current generation has a responsibility to preserve natural resources for future generations; and

WHEREAS,  the protected Bull Run water source is one of the City and region’s most valuable natural resources and has been providing citizens of Portland and the region with high quality drinking water for 110 years; and

WHEREAS,  the Bull Run River is an important tributary to the Sandy River, which is a valuable regional resource used and enjoyed by many Portland residents; and

WHEREAS,  in 1998 and 1999 the National Marine Fisheries Service listed the populations of steelhead trout, and spring and fall Chinook salmon using the Lower Columbia, Sandy and Bull Run rivers as threatened species under the federal Endangered Species Act; and

WHEREAS,  on July 29, 1998, the City Council adopted Resolution No. 35715 which declared the City’s intent to “work proactively to the best of its ability, through regulatory compliance, creation of incentives, and otherwise, to support the recovery of steelhead populations”; and

WHEREAS,  the Portland Water Bureau has worked in partnership with federal, regional, state and local government agencies and community-based interest groups to assess fish habitat conditions in the Sandy River basin and to identify actions to improve conditions for these species; and

WHEREAS,  this assessment has documented that the existence and operation of the Bull Run water supply project affects fish in the Bull Run River by reducing stream flows and increasing water temperature, blocking access to upstream habitat, and obstructing the natural recruitment of gravel and large woody debris that fish depend upon for habitat and cover; and

WHEREAS,  the City needs to address the impacts of the Bull Run water system on listed fish species in order to comply with federal law as described in the requirements of both the federal Endangered Species Act (ESA) and the Clean Water Act (CWA); and

WHEREAS,  a comprehensive ESA and CWA compliance agreement would provide the City with the certainty and predictability necessary to ensure water service to customers is adequate and reliable for the long term; and

WHEREAS,  Section 10 of the ESA provides a mechanism to approve a comprehensive, long-term regulatory compliance plan, called a Habitat Conservation Plan; and

WHEREAS,  the Oregon Department of Environmental Quality has established water quality standards, as required by the federal Clean Water Act, for the Sandy Basin and has accepted the City’s proposed approach to incorporate in the Habitat Conservation Plan a management plan that will bring the Bull Run system into compliance with water temperature standards; and

WHEREAS,  the cities of Seattle and Tacoma have prepared Habitat Conservation Plans for those water supply systems and are currently implementing those plans; and

WHEREAS,  a Habitat Conservation Plan is an approach that supports the recovery of endangered species while meeting other City and regional goals to secure the livability of the region; and

WHEREAS,  working in cooperation with a diverse range of interests, the Portland Water Bureau has identified a proposed package of measures to be further developed and considered in a draft Habitat Conservation Plan; and

WHEREAS,  the draft Habitat Conservation Plan, along with appropriate alternatives, would be evaluated in an Environmental Impact Statement (EIS), and

WHEREAS,  the National Environmental Policy Act requires that a formal public scoping process to invite public review and comment be conducted prior to preparing an EIS; and

WHEREAS,  in addition to the formal scoping process, the Portland Water Bureau has provided education and public input opportunities through public workshops and briefings with stakeholders interested in the Bull Run water system; and

WHEREAS,  at the completion of the EIS process, the City Council will have the opportunity to decide whether or not to enter into an implementation agreement with the National Marine Fisheries Service for a Habitat Conservation Plan.

NOW, THEREFORE, BE IT RESOLVED that the Portland Water Bureau is authorized to proceed to develop a draft Habitat Conservation Plan for public review and comment and work with the National Marine Fisheries Service to initiate the formal public scoping process for an Environmental Impact Statement for the Bull Run Water Supply.

BE IT FURTHER RESOLVED that the Council directs the Portland Water Bureau to continue to actively engage and solicit feedback about this important matter from stakeholders interested in the Bull Run water system and fish recovery issues.

Adopted by the Council, May 25, 2005

               GARY BLACKMER

               Auditor of the City of Portland

Mayor Tom Potter           By /S/ Susan Parsons

Rosemary Menard

May 2, 2005                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 506-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36319