CC Minutes - 05/19/99 WS - Laserfiche WebLink

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available. Mr. Johnson did not think it was likely Mr. Gangle's investigation would be completed by that date, but other information could be available. Mr. Kelly said that the date could be changed if needed. Mayor Torrey asked Mr. Kelly to work with the minutes recorder on wording the motion then the council could act on it be the end of the meeting. B.Work Session: Endangered Species Act Mr. Johnson introduced Peter Ruffier of the Public Works Department and Neil Bj0rklund of the Planning and Development Department. Mr. Lee expressed concern about Section 9 of the Endangered Species Act, which indicated those activities that indirectly or directly affect or result in a take of an endangered species were not permissible. He asked for clarification of the phrase "specific prohibition measures." Mr. Ruffier responded that the definition of a take was included in the 4(d) rule, which the National Marine Fisheries Service (NMFS) would have one year to develop from the date of listing. He said that the definition of prohibition measures was not well-developed. Staff was anticipating the release of a 4(d) rule for the lower Columbia listing, which could give it some insights. In the meantime, the City had the opportunity to provide input into the process and request that its programs be accepted by NMFS as exemptions. Mr. Bj0rklund added that a 4(d) rule was generally developed for each species in a specific area, but because so many salmon runs were being listed at once the City expected the 4(d) rules to be much more general. He said that the Endangered Species Act was not prescriptive; it did not tell a jurisdiction what it could do, but rather what it could not do, and those prohibitions tended to be broad. He indicated staff intended to develop a relationship with NMFS staff and attempt to remain "in the loop" when rules were issued. The City also continued to offer comment on what was developed in relationship to the listing. Mr. Ruffler added that the City was also working with other local governments to coordinate activities and take a common approach to the listing. Mr. Kelly referred to the bulleted list of potential harmful activities on page 5 of the packet and asked about the implications of the list. Mr. Bj0rklund said that the agencies would examine the impact of those activities as they formulated the rule. The list was from the Federal Register, and it was an attempt to identify the kinds of things people should be thinking about when they consider how to protect salmon. Mr. Kelly endorsed the formation of the environmental policy team and environmental technical team. Mr. Ruffier noted that the environmental policy team, which included Planning and Development Department Director Paul Farmer and Public Works Department Director Christine Andersen as well as the division managers of those two departments, had held its first organizational meeting. Mr. Kelly expressed caution regarding the International Organizational for Standardization 14001 standard and suggested that staff go slow. Mr. Ruffler said that the City had initiated a pilot program in the Wastewater Division to evaluate the development of an Environmental Management System. He said that a gap analysis indicated the City was in very good shape and the gap might not be as bad as originally thought. MINUTES-Eugene City Council May 19, 1999 Page 5 5:30 p.m.