CC Minutes - 05/13/98 Work Session

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issue with EWEB regarded rare plants, how rare plants was defined, and whether EWEB could build a new line through a rare plant site. The wetland staff team was reluctant to recommend a policy that gave EWEB outright authority to build a new utility through such a site, because such sites were protected wetlands regulated by the State and federal government. Mr. BjOrklund said that the staff recommendation continued to be that rare plants must be avoided when a new utility was built. Mr. Torrey asked if it was possible a power line would not be constructed because of the requirement that rare plant populations be avoided. He also asked if there was an opportunity for EWEB to appeal. Ms. Childs said that EWEB had been unable to offer City staff an example of a new corridor the utility staff felt must be sited through a rare plant population. She added that while there was no appeal process, EWEB could seek a plan amendment. Responding to a question from Ms. Swanson Gribskov, Mr. Bj0rklund reiterated that staff had asked EWEB what they envisioned in West Eugene and the utility staff did not know. He believed the need for new lines was mitigated somewhat by the plan and the Bureau of Land Management's acquisition program, which led to the removal of several sites from the buildable land inventory. In addition, rare plants occur in patches and were not located uniformly throughout a site, making it possible for EWEB to work around the existing rare plant populations without excessive cost. He pointed out that the topography in West Eugene was very flat and the lines do not have to be routed up hills, which often created an engineering challenge for EWEB. Ms. Swanson Gribskov said that she was supportive of the Eugene staff position but would like to hear more from EWEB staff. She suggested that Mr. Torrey discuss the issue with the chair of the utility board and Mr. Johnson discuss the issue with the utility administrator. Mr. Farr agreed. He asked how many hours of discussion Eugene staff had with EWEB staff about the topic. Mr. Bj0rklund estimated that Eugene staff spent 20 hours of discussion with EWEB staff during several long meetings and in the course of several telephone conversations. He emphasized that the sites involved were protected wetlands, provided the habitat best for the growth of rare plants, and were among the most important protected sites in the plan area. He termed those sites "the heart of the plan," and suggested to open them to such impacts was at odds with the intent of the plan. Mr. Bj0rklund said the importance of the sites to the plan intent led the staff team to take the firm position it had, although it acknowledged EWEB's concerns. Responding to a follow-up question from Mr. Farr, Mr. Bj0rklund said that EWEB supported all other elements of the plan but EWEB staff continued to be concerned about the potential impact of a situation it could not specifically identify at this point. Mr. Farr expressed concern about the lack of an appeal process in the plan and the lack of flexibility in addressing unanticipated issues. In response, Ms. Childs said that the plan involved was a refinement plan, and the City was making an exception to allow any sort of development on protected wetlands with the amendments' provisions for the planned transportation and planned utility corridors. She emphasized the need to be sensitive to the original purpose of the plan, which was to protect wetlands. Ms. Childs said that staff might have reached a different conclusion if EWEB staff could offer the City even a single specific example of its concerns. Mr. Farr acknowledged the intent of the plan and said he believed it was moving the City in the right direction, but he was always worried when there was no avenue of appeal. MINUTES--Eugene City Council May 13, 1998 Page 9 11:30 a.m.