ORDINANCE No. 181527

Authorize Grant Agreement with the 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 established Total Maximum Daily Load (TMDL) allocations for Johnson Creek in September 2006. The City of Portland is 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.  Funds provided to the Watershed Council that would go to restoring private property is considered a grant, which must be authorized by City Council.

5.  20% of these funds, however, will go towards work along city property and would, in the absence of closely connected work on private property, be awarded through a competitively bid contract.

6.  However, because of the closely related nature of these projects, separating out work performed on City property and awarding funds for that work through a contract would increase the cost to the City. Because much the work on City property is the same as the work the Johnson Creek Watershed Council is doing on private property and the Watershed Council will already be mobilized to perform work on private property, the Watershed Council is in a unique position to provide its services to the City for City property at a reduced cost.

7.  In addition, the Watershed Council has in the past proven to be able to handle these services without requiring oversight from City staff, the City is able to save funds compared to using a new contractor that would need City staff supervision and input to meet project goals. Again, permitting the Watershed Council to do the work would save the City money.

8.  The Council therefore finds that combining the grant work with the contract work is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts. The Council further finds that combining work on both private property and City property in this grant agreement will result in substantial cost savings to the public.

9.  The established cost is $162,000 over a five year period as follows:

o  $20,000 per year for five (5) years FY 07/08- FY 11/12 for a total of $100,000 is available in Bureau of Environmental Services, Center Code 145-32-042, Account No. 529000

o  $17,000 is available in the Watershed Investment Fund, FY 07-08 Budget, Bureau of Environmental Services, Center Code 145-32-130, Project No. 8718

o  $45,000 is available in the Watershed Investment Fund, FY 07-08 Budget, Bureau of Environmental Services, Center Code 145-32-130, Project No. 8717

NOW, THEREFORE, the council directs:

a.  The City Council hereby approves of a contract-specific “special procurement.”

b. After the public notice required by law, the Director of the Bureau of Environmental Services and Auditor are authorized to award the contract portion of this agreement to the Watershed Council. Thereafter, the Direct and Auditor are authorized to execute a combined contract and grant agreement with the Johnson Creek Watershed Council for the purpose described in Section 1, in the amount of $162,000.

c.  Following contract and grant execution, the Mayor and Auditor are hereby authorized to draw and deliver warrants chargeable to the Sewer System Operating Fund Budget and Watershed Investment Fund when demand is presented and approved by the proper authority.

Passed by the Council, January 16, 2008    Gary Blackmer

Sam Adams

Commissioner of Public Utilities        Auditor of the City of Portland

             By /s/Susan Parsons

Eli Callison

December 7^th, 2007          Deputy

145-32-042 #529000

145-32-130 #8717

145-32-130 #8718

BACKING SHEET INFORMATION

AGENDA NO. 53, 84-2008

ACTION TAKEN:

JAN 09 2008 PASSED TO SECOND READING JAN 16 2008 9:30AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181527