Item 6: Action: Ordinance on Water Quality Waterways Protections

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Water Quality Waterway Provisions; Adding Sections 9.4770 through 9.4790 to the Eugene Code, 1971 that Establish a Water Quality Overlay Zone; Amending Sections 9.0500 9.1040, 9.7055, 9.7205, 9.7305, 9.7820, 9.8005, 9.8025 9.8030, 9.8055, 9.8215, 9.8220, 9.8320, 9.8325, 9.8415, 9.8470, 9.8472, 9.8474, 9.8515, 9.8520, 9.8855, and 9.8865 of that Code; Repealing Ordinance No. 20194 and Sections 6.650, 6.655, 6.660, 6.665, and 6.670 of that Code; Adopting the Water Quality Waterways Map; Amending the Eugene Overlay Zone Map; Adopting a Severability Clause; and Providing an Effective Date Meeting Date: March 9, 2009 Agenda Item Number: 6 Department: Public Works Staff Contact: Therese Walch www.eugene-or.gov Contact Telephone Number: 682-8647 ISSUE STATEMENT The City Council is scheduled to take action on the proposed amendments to Chapter 9 of the Eugene Code (see Attachment A) implementing Water Quality Protected Waterways. BACKGROUND Proposal The proposed regulations will 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 certain properties to apply the overlay zone. The City Council held a public hearing on May 19, 2008, at which three people testified. In addition, 23 written pieces of public testimony were received through the public hearing proceedings. A follow up work session was held on June 18, 2008, at which staff presented revisions to the draft ordinance in response to public testimony. At the June 18 work session, council directed staff to return with an estimate of what it would cost to purchase conservation Z:\CMO\2009 Council Agendas\M090309\S0903096.doc