Accept project update to reflect the design refinements for the Interstate 5 Rose Quarter Project and direct further actions
WHEREAS, on May 5, 2010, the Portland City Council adopted an Intergovernmental Agreement with the State for facilitation services on the Central City 2035 NE Quadrant Plan and I-5 Broadway/Weidler Interchange Project (Ordinance No 183731); and
WHEREAS, on October 25, 2012, the Portland City Council adopted the N/NE Quadrant Plan and the I-5 Broadway-Weidler Facility Plan (Resolution No. 36972). The N/NE Quadrant Plan and I-5 Broadway/Weidler Facility Plan contain a recommended design concept for the subject I-5 Rose Quarter Improvement Project (Project); and
WHEREAS, on June 6, 2018, the Portland City Council adopted the Central City 2035 Plan and Transportation System Plan amendments that include the Project as conceptualized within the N/NE Quadrant and Facility plan (Transportation System Plan Projects #20119, #20120, #20121) and as evaluated under NEPA as well as an Action Item (Ordinance No. 189000 and Resolution No. 37360). The Council adopted action item placed conditions on the City’s participation and support for the Project contingent upon: inclusion of all major elements of the project as described in the Facility Plan, including bicycle and pedestrian improvements and a lid over the freeway, development of equity strategies and other efforts that benefit communities originally impacted by freeway construction, direction for the future use of any requested City funds on Project elements, and implementation of congestion pricing and transportation demand management (TDM) strategies; and
WHEREAS, in July 2020, the City Council issued a Suspend Work directive to all City Bureaus (July 6, 2020) related to Project work. The suspend work directive was issued due to the City’s belief that the Project did not fully align with City values as reflected in conditions of approval; and
WHEREAS, in January 2021, the Historic Albina Advisory Board (HAAB) was inaugurated by the Oregon Department of Transportation (ODOT) to elevate Black community voices to ensure that project outcomes reflect community interests and values, and that historic Albina directly benefits from the investments of the Project. As defined in the HAAB Charter, the HAAB will provide formal recommendations on transportation infrastructure and highway cover design elements including interim and long-term cover uses, urban design and transportation system details, including mobility for all people within and through the project area.
WHEREAS, in July 2021, as directed by the Oregon Transportation Commission (OTC), an Independent Cover Assessment (ICA) team submitted to the State a Final Report with highway cover design options. The intent was to conduct a thorough examination of ways to use a highway cover to lay the groundwork for restorative justice for the Black Albina community - to promote the redevelopment of the Albina neighborhood in a manner that creates economic opportunities for area residents and minority-owned businesses; and
WHEREAS, in January 2022, Governor Brown and local government partners, which include City, Metro and Multnomah County elected official representatives, signed a Letter of Agreement to demonstrate shared understanding and support for the proposed Hybrid 3 highway cover design concept, rescoping the Project to better align with stated values, desired outcomes, and address City, partner, and community concerns. The Letter of Agreement provides the factual and historical background of the Project and expresses the parties’ mutual understandings regarding their preference for the proposed Hybrid 3 highway cover design concept as a modification to the original Project design concept; and
WHEREAS, in July 2022, City Council approved Ordinance No. 190924 (Agreement No. 730-07431-33370) authorizing execution of an Intergovernmental Agreement (IGA) for staffing services necessary to conduct a public planning process required under the National Environmental Policy Act (NEPA) rules (hereafter, NEPA Process) with respect to the modified proposed Project. Council approval stipulated ODOT return to City Council to demonstrate adherence to Project commitments before advancing the project to final design and construction; and
WHEREAS, since July 2022, the City of Portland project team has reviewed and submitted comments on the Supplemental Environmental Assessment (SEA) and has collaborated on transportation facility design refinements moving towards the Revised SEA based on public comments received during the SEA comment period; and
WHEREAS, since July 2022, the City of Portland project team has collaboratively worked to advance obligations and directives provided in the Governor’s Letter of Agreement and to advance the Central City 2035 Action Item, including but not limited to: evaluated impacts and compliance with adopted plans and policies, evaluated design and operational improvements for people traveling and all modes of traffic in and through the area and with consideration for Rose Quarter event access and traffic management, completed a scope of work to develop a Community Framework Agreement(s), advocated for transparency and public discussion about project funding, worked to ensure Project elements are integrated with other City-led and community efforts to advance City goals in the Rose Quarter, Lloyd District, Lower Albina, and immediate N/NE Portland neighborhoods, and placing emphasis on addressing the needs of communities originally disadvantaged by construction of the freeway through engagement with the HAAB and in partnership with the Albina Vision Trust (AVT).
WHEREAS, in February 2023, the City of Portland, partnered with AVT, received a U.S. Department of Transportation intent to award an $800,000 Reconnecting Communities Pilot Program Planning grant. The grant scope is to create a framework with broad community engagement that defines the infrastructure, development, and governance structures needed to integrate the AVT Community Investment Plan and new land created by the I5RQ Project highway cover with the Lower Albina neighborhood. The grant agreement is anticipated in spring 2024.
WHEREAS, in September 2023, ODOT submitted the Revised SEA with design refinements, to the Federal Highway Administration, that the State and City collaborated on since July 2022. The Environmental Decision Document is anticipated in spring 2024.
WHEREAS, in March of 2024, the Oregon Transportation Commission (OTC) unanimously passed a resolution directing ODOT to establish and implement a work plan collaboratively with Albina Vision Trust. The objective of the work plan is to determine if AVT can have access to 1) future lease(s)/easement(s) for developable air rights on the highway cover; and 2) ownership and development rights for surplus property associated with the I-5 Rose Quarter Improvement Project.
NOW, THEREFORE, BE IT RESOLVED, that the City of Portland accepts the project update reflecting the design refinements for the I-5 Rose Quarter Project in Exhibit A; and
BE IT FURTHER RESOLVED, City of Portland support for the refined design reflected in the Revised SEA is based on the inclusion and completion of priority actions and issues to be addressed substantially; and
BE IT FURTHER RESOLVED, City of Portland supports ODOT advancing Project design and construction as funding becomes available in alignment with the stated values of Restorative Justice for the Albina Community, Community Input & Transparent Decision-Making, a Mobility Focus, and addressing Climate Action & Improved Public Health; and
BE IT FURTHER RESOLVED, the City of Portland is committed to working closely and thoughtfully with the HAAB throughout this process and in support of the charter to elevate voices in the Black community to ensure that Project outcomes reflect community interests and values, and that historic Albina directly benefits from the investments of this Project.
BE IT FURTHER RESOLVED, the City of Portland is committed to working in continued partnership with the Albina Vision Trust, ODOT and the OTC to realize the shared objective of AVT securing developable air rights over the highway cover and ownership and development rights for surplus property associated with the Project.
Official Record (Efiles)
Impact Statement
Purpose of Proposed Legislation and Background Information
- Request for City Council to accept the Project update provided by City staff/ODOT on project progress including design refinements incorporated since July 2022. The project update is also in response to previous council request for ODOT to return to Council within two years and before advancing into final design and construction phases.
- The project update will include an overview of the project scope, schedule and upcoming milestones and will demonstrate ODOT adherence to project commitments and support for the Project advancing to final design and construction, as Project funding allows.
- This Resolution is accompanied by an Ordinance for an IGA Amendment to facilitate reimbursement for the City’s involvement on the project. The Amendment will allow the City to recuperate costs incurred by Bureau of Technology Services from August 2021 thru June 30, 2023 and by Prosper Portland from October 2023 until the date the agreement is authorized. This amendment will add $1,211,001 for a total amount authorized to not exceed $6,187,321 from the execution date to June 30, 2025.
Financial and Budgetary Impacts
- None. The Resolution is to accept a project update report.
Community Impacts and Community Involvement
- From November 2022 – January 2023, ODOT and FHWA released a Supplemental Environmental Assessment incorporating design package updates and held a 50-day public comment period.
- In response to public comments made during the project’s Supplemental Environmental Assessment comment period, ODOT implemented design refinements. These were developed in collaboration with the City team and in consultation with key interested parties including the Historic Albina Advisory Board, the Albina Vision Trust, and Rip City Management.
- The Federal Highway Administration issued a Finding of No Significant Impact for the Project on March 12, 2024. The State plans to advance the design of the revised highway cover and ramp relocation concept as part of the Project, including the pedestrian and bicycle overcrossing of I-5.
- Project committee meetings are open to the public and public comments can be shared on specific meeting agenda items in advance.
100% Renewable Goal
N/A