191166

Emergency Ordinance

*Authorize Intergovernmental Agreement with Metro and contribute $385,000 for natural area acquisition for protection and restoration purposes

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. BES and Metro have overlapping conservation interests, including protecting, connecting, and restoring streams, wetlands, floodplains, mainstems, and confluences to improve water quality, mitigate for climate change, and support the recovery of Endangered Species Act (ESA)-listed salmonids. Within the City of Portland, Metro and BES have invested in and continue to pursue opportunities for protecting and restoring areas including Johnson Creek, the East Buttes, and the Columbia Slough.
     
  2. Metro and BES wish to cooperate in the acquisition and management of natural areas in the City of Portland when their interest align in order to protect and restore habitat, address water quality, and protect fish and wildlife.  The parties, therefore, desire to enter into an intergovernmental agreement (Exhibit A) to provide for the responsibilities and obligations of the parties with respect to acquisition, management, maintenance and operation both for a current acquisition and future acquisitions of natural area property interests.
     
  3. Within the Johnson Creek watershed, Metro and BES would like to acquire fee title, as tenants in common, to the property located at 5631 SE 28th Ave, also referred to as Property ID R328353 (the Rivelli Property). Metro and BES wish to cooperate in the acquisition and management of the Rivelli Property.  The anticipated purchase price for the Rivelli Property is $770,000, towards which Metro and BES intend to contribute equally.
     
  4. This Rivelli Property provides the rare opportunity to acquire access to Crystal Springs, a tributary to Johnson Creek, for protection and restoration purposes. Over 200 linear feet of Crystal Springs runs along the property, this fork represents 25% of the total flow of Crystal Springs. Crystal Springs has the best water quality (cleanest and coldest) for a salmon-accessible tributary in the City of Portland and is critical habitat for three species of ESA-listed salmonids. Acquisition would help address targets for temperature in the City’s Total Maximum Daily Load Implementation Plan and Climate Action Plan goals. Restoration would build on previous $16M of investments from the City of Portland and 21 partners to restore fish passage to 2.6 miles of Crystal Springs Creek from the Willamette River to Reed College.
     
  5. BES intends to commit escrow funds for each joint acquisition as authorized by Ordinance No. 190777 to allow for the execution of purchase and sale agreements.  Committing escrow funds in excess of $50,000 will require separate Council authorization, as will subsequent contributions towards the purchase price of property interests under the terms of purchase and sale agreements. 

NOW, THEREFORE, the Council directs:

  1. That the Director of the Bureau of Environmental Services is authorized to execute an intergovernmental agreement with Metro in a form similar to Exhibit A to cooperate in the acquisition and management of the Rivelli Property and in other acquisitions of future property interests to protect natural areas, clean water and protect fish and wildlife.  The Director may execute amendments to the agreement provided they will not result in an increased financial obligation to the City.
  2. That the Commissioner-in-Charge or designee is authorized to execute all acquisition documents and take all other actions necessary to close the transaction on the Rivelli Property in accordance with the intergovernmental agreement and any amendments thereto.  All documents must be approved as to form by the City Attorney prior to execution.
  3. That the Mayor and City Auditor are hereby authorized to pay up to $385,000 towards the acquisition of the Rivelli Property, subject to the terms of the purchase and sale agreement approved as to form by the City Attorney, when demand is presented and approved by the proper authority. Funds are available in the Sewer System Operating Fund, FY 2022-2023 Budget, Bureau of Environmental Services, Project #E11546.

Section 2.  The Council declares that an emergency exists because the Rivelli Property is on the market and time is of the essence to complete the acquisition; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

The agreement outlines the acquisition of current and future property interests, initial stabilization period, interim protection guidelines, and long-term management, maintenance and operation responsibilities between Metro and the Bureau of Environmental Services (BES) associated with City natural areas. 

BES developed the Johnson Creek Willing Seller Program in 1997 to support implementation of the Johnson Creek Restoration Plan.  Restoration projects on land acquired through the program increase flood storage, improve fish and wildlife habitat, and reconnect streams with their floodplains.  The Plan notes that properties contiguous with Crystal Springs are high priority candidates for willing seller acquisitions.

Crystal Springs has the best water quality (cleanest and coldest) for a salmon-accessible tributary in the City of Portland.  It is primarily spring fed, which keeps water temperatures cool and stream flow uniform throughout the year. Crystal Springs is critical habitat for three species of Endangered Species Act (ESA)-listed salmonids.

BES is partnering with Metro on this acquisition, and are also seeking partnerships with Reed, Crystal Springs Partnership, East Multnomah Soil and Water Conservation District, and the indigenous community.

Acquisition of this property supports temperature targets in the City’s Total Maximum Daily Load (TMDL) Implementation Plan and Climate Action goals.

Ecological uplift will occur when the property is in the public domain through the restoration of vegetation and floodplain connectivity. Restoration can increase the resilience of natural systems to adapt to increased temperatures and drier summers.

Financial and Budgetary Impacts

The purchase price of the property will be no more than $770,000 to be cost-shared evenly between Metro and BES. Site stabilization is estimated at $100,000. Funds are available in the Sewer System Operating Fund, FY 2022-2023 Budget, Bureau of Environmental Services, WBS Element E11546.

O&M costs are estimated at $1,000 per year, which will be requested through BES’ FY 2023-2028 budget process.

Acquisition of this property builds on previous $16M of investments from the City of Portland and 21 partners to restore fish passage to 2.6 miles of Crystal Springs Creek from the Willamette River to Reed College.

Future joint acquisitions with Metro under the intergovernmental agreement will be funded as follows: 

  • The first $50,000 for the BES portion of escrow funds for a particular acquisition will be provided under the authority granted to BES by Ordinance No. 190777. 
  • Any escrow contribution above $50,000 will require separate Council authorization and the same will be true for BES’s contribution towards the remainder of the purchase price for a particular acquisition.

Community Impacts and Community Involvement

The community is not directly involved in the Crystal Springs acquisition as the negotiation process is confidential.  Neighbors will be notified upon closing. 

No negative impacts are expected from this legislation.  BES intends to conduct a land division on the property such that the residence will be retained as housing stock. The open space portion of the site will be for community stewardship activities and stream restoration to serve Portlanders, water quality, and wildlife.

Crystal Springs was identified as priority area for conservation and restoration in the Johnson Creek Acquisition Strategy, which was developed in partnership with Metro, the Trust for Public Land, the National Park Service, Audubon Society of Portland, East Multnomah Soil and Water Conservation District, Portland Parks and Recreation, and the cities of Milwaukie, Gresham, and Damascus.

The site is a critical property in the Crystal Springs Creek watershed.  BES has partnered with other city bureaus, Metro and many community organizations to successfully restore Crystal Springs for salmon by removing impassable culverts and providing shade to keep the stream cool.  Previous and active projects have included significant input from governmental and community groups such as the Crystal Springs Partnership, Reed College, Metro, PSU’s Indigenous Nations Studies Program, Johnson Creek Watershed Council and neighborhood groups.

Members of Portland’s Indigenous community host a salmon celebration annually along the banks of Crystal Springs.

100% Renewable Goal

There is no impact anticipated towards the City’s 100% Renewable Goal.

Budget Office Financial Impact Analysis

This ordinance authorizes BES to execute an IGA to acquire access to Crystal Springs, an important tributary for Salmon. BES is splitting the cost of a $770,000 property with Metro. Funds are available for this acquisition in BES’s FY 2022-23 budget, though not in funded program E11546 but in E10040 and E10486. 

Agenda Items

122 Regular Agenda in February 8, 2023 Council Agenda

Passed

  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Mayor Ted Wheeler Yea

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date
Time Requested
15 minutes