passed ordinance

*Authorize Intergovernmental Agreement with the U.S. Forest Service to complete suppression repair work following the 2023 Camp Creek Fire response in the Bull Run Watershed for $237,000

View source document ↗
  • infrastructure utilities
  • iga
Department
Water
Introduced by
Former Mayor Ted Wheeler
Status
Passed

Impact statement

Purpose & background

The Bull Run Watershed serves as the municipal water supply for the City of Portland. The Portland Water Bureau co-manages the watershed with the Mount Hood National Forest as authorized under the 2007 Bull Run Watershed Management Unit (BRWMU) Agreement mandated by the Bull Run Act, Public Law 95-200, Section 2(d). In late August of 2023 the Camp Creek Fire, ignited by lightning, burned approximately 2,000 acres of National Forest System (NFS) lands in the watershed. The U.S. Forest Service assembled and assigned an incident management team to the fire to coordinate and direct all phases of firefighting operations. The 2023 Camp Creek Fire was the first significant fire in the Bull Run Watershed since it became the City’s main water supply in 1895. Impacts from the fire to the water supply and associated infrastructure were minimal. Due to Portland Water Bureau’s ongoing collaboration and planning with the Mount Hood National Forest, the Oregon Department of Forestry, and other local fire response agencies, the fire response as outlined in the U.S. Forest Service’s Bull Run Fire Preparedness Plan (Plan) went as planned. The Plan requires fire fighters to avoid and minimize natural resource impacts while suppressing the fire, but some impacts are unavoidable to infrastructure and the forest that need immediate repair after the fire response is over to prevent long-lasting effects on water quality and forested ecosystems. During the final phases of the fire, efforts were undertaken to repair damages or impacts that resulted from fire suppression activities. These efforts continued into the rainy season but were suspended with the onset of winter, and the remaining repair work was deferred until the following spring. Work was scheduled to resume in the spring or early summer of 2024 and consists of repairing damaged road segments, closing roads that were opened to fight the fire, cleanup of landing sites, and removing piles of biochar left over from the incineration of slash. This work is necessary to minimize impacts to the water supply from stormwater runoff, soil erosion, and invasive species. Portland Water Bureau will complete this work for the U.S. Forest Service using Water Bureau labor, equipment, supplies, and materials. In return, the U.S. Forest Service will provide funding to Portland Water Bureau to complete the work. This ordinance authorizes Portland Water Bureau to enter into an Intergovernmental Agreement with the U.S. Forest Service to complete the remaining suppression repair work for a period of two years.

Financial impacts

The Portland Water Bureau Director is authorized to execute on behalf of the City an intergovernmental agreement with the U.S. Forest Service in substantial conformance with Exhibit A in the amount of $237,000 to complete the remaining suppression repair work following the 2023 Camp Creek Fire response in the Bull Run Watershed. Portland Water Bureau will make in-kind contributions of no more than twenty percent of the total project cost in the form of project management and suppression repair work done prior to the execution of this Intergovernmental Agreement. It is estimated that 0.1 FTE of an existing position will be required to manage the work associated with the Intergovernmental Agreement.

Community impacts

The BRWMU Agreement is a 20-year agreement, adopted in 2007, that guides the cooperative management and protection of the watershed by the City of Portland and the Mount Hood National Forest. Public input from the community, solicited during the development of the BRWMU Agreement, is documented in the accompanying 2007 Report to the Community. Per the BRWMU Agreement, Portland Water Bureau is responsible for maintaining the roads in the Bull Run Watershed, and the services included in the Intergovernmental Agreement are compatible with those responsibilities. The Bull Run Working Group, made up of U.S. Forest Service and Portland Water Bureau staff, frequently focuses on fire planning and resilience. The group holds semi-annual meetings open to the public and makes its annual reports available to the public.

Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: Per the 2007 Bull Run Watershed Management Unit (BRWMU) Agreement mandated by the Bull Run Act, Public Law 95-200, the Portland Water Bureau shares management responsibilities for the BRWMU and a long-term commitment to stewardship and protection of the Bull Run water supply with the U.S. Forest Service’s Mount Hood National Forest. The BRWMU Agreement designates roles and responsibilities for long-term management of the Bull Run Watershed. Per the BRWMU Agreement, the U.S. Forest Service is the lead agency on fire response in the Bull Run Watershed, as outlined in the 2023 Bull Run Fire Preparedness Plan. Portland Water Bureau is responsible for maintaining the road system, as outlined in the 2022 Bull Run Road Management Plan. In fall of 2023, the BRWMU experienced the Camp Creek Fire. The U.S. Forest Service used mechanized equipment to prepare the roads, including opening up decommissioned roads to be used as fire containment lines consistent with the Fire Preparedness Plan. Per the Fire Preparedness Plan, the U.S. Forest Service developed a Suppression Repair Plan to address impacts resulting from suppression activities that may need repair. During the final phases of the Camp Creek Fire, the U.S. Forest Service made efforts to repair damage that resulted from fire suppression activities. These efforts continued into the rainy season but were suspended with the onset of winter. There is unfinished repair work remaining. U.S. Forest Service has requested that the Portland Water Bureau complete the remaining suppression repair work using Portland Water Bureau labor, equipment, supplies, and materials. Portland Water Bureau has the responsibility for and expertise in maintaining the Bull Run Road system. The work will include repairing damaged road segments, closing roads that were opened to fight the fire, cleaning up landing sites, and removing piles of biochar left over from the incineration of slash. Portland Water Bureau will enter into an intergovernmental agreement with the U.S. Forest Service and contribute in-kind contributions of no more than twenty percent of the total project cost in the form of project management and suppression repair work done prior to the execution of the intergovernmental agreement. The total not-to-exceed amount of this intergovernmental agreement is $237,000. Funds will be expended in FY 2024-25 through FY 2025–26 budgets. The U.S. Forest Service will reimburse Portland Water Bureau for up to $237,000 of the Forest Service's share of actual expenses incurred. NOW, THEREFORE, the Council directs: The Portland Water Bureau Director is authorized to execute on behalf of the City an intergovernmental agreement with the U.S. Forest Service in substantial conformance with Exhibit A in the amount of $237,000 to complete the remaining suppression repair work following the 2023 Camp Creek Fire response in the Bull Run Watershed. The Portland Water Bureau Director is authorized to amend on behalf of the City the intergovernmental agreement with such changes deemed to be appropriate in individual circumstances as approved by the City Attorney’s Office, provided such changes will not increase the City’s total contribution under the agreement by more than twenty-five percent. The Mayor and Auditor are authorized to draw and deliver checks chargeable to the Water Fund when demand is presented and approved by the proper authorities. Section 2. The Council declares that an emergency exists because the suppression repair work needs to be completed to avoid any long-term impacts to the quality of the City’s water supply and because policy funds need to be utilized by October 31, 2024, per the U.S. Forest Service; therefore, this Ordinance shall be in full force and effect after its passage by the Council.

Tally

4 yea 0 nay 1 other

Roll call (5)