Item A: Water Quality Waterways Protections

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Water Quality Protected Waterways Meeting Date: January 28, 2009 Agenda Item Number: A Department: Public Works Staff Contact: Therese Walch www.eugene-or.gov Contact Telephone Number: 682-8647 ISSUE STATEMENT The purpose of this work session is to respond to the City Council’s request that staff provide an estimate of the costs the City would incur to acquire conservation easements in lieu of the proposed Water Quality Protected Waterways regulations, and to receive council direction on the proposal to apply regulatory protections. BACKGROUND Proposal The proposed regulations would protect the physical integrity and water quality function within and adjacent to otherwise unprotected waterways identified pursuant to section 303(d) of the federal Clean Water Act, waterways that are tributaries to those waterways, and headwater streams. Many of these waterways benefit from the incidental water quality protections provided by other City regulations, such as the City’s Goal 5 Water Resources Program. This proposal fills the gaps to provide water quality protection for waterways that are not currently protected by some other means. If the proposed ordinance is adopted, the result will be a system of protection for those waterways that have a direct relationship to those that are water quality impaired. The system of protected waterways, in and of itself, will help “hold the line” on water quality in our local streams. In combination with other efforts, this proposal will help improve water quality over time in our local waterways. City Council Action History – Proposed Water Quality Protected Waterways The Eugene City Council conducted a work session on May 14, 2008, on the proposal to amend Chapter 9 of the Eugene Code with new provisions establishing a /WQ Water Quality Overlay Zone and re- zoning approximately 547 properties to apply the overlay zone. The council held a public hearing on May 19, 2008, and a follow-up work session on June 18, 2008. Council reaction to the proposal has been mixed, with some councilors expressing concerns about taking a regulatory approach to filling the protection gaps. Concerns raised about the recommended approach include the impacts of the regulations on individual property owners, and the view that the ordinance is too permissive and, in effect, would provide little water quality protection. At the June 18 work session, the council directed that, before proceeding, the City Manager return with an estimate of the cost to acquire conservation easements on the identified properties. Z:\CMO\2009 Council Agendas\M090128\S090128A.DOC