POL Government Elected Officials Commissioner Amanda Fritz What Happened?
Questions and Comments on Bull Run Land Exchange and new Bull Run Code

I appreciate all the work that has been done over many years to evaluate changes of ownership in the Bull Run watershed, and ways to increase protection of its precious natural resources in our Code. I know we all want the best for our unique, wonderful Bull Run watershed.


 I have considered the information provided by the Water Bureau, and I still have concerns that preclude being able to support either ordinance if the vote takes place as scheduled on Wednesday February 10, 2010.


In evaluating the proposed changes, I asked several questions:


1) Does the County design/permit review process provide at least the same quality of environmental review as processes under the federal National Environmental Policy Act (NEPA)?


At the hearing last week, I was directed to Clackamas County Code, specifically the section of that Code applicable to reservoirs and water supply facilities in the Farm and Forest zone.


Development in the area is treated as a Conditional Use. Clackamas County does not have to notify Portland Neighborhood Associations if a Conditional Use land use review application is submitted.


Applications for a Conditional Use for new development in the Bull Run watershed only have to meet the approval criterion, "The proposed use shall not significantly increase fire hazard, fire suppression costs, or risks to fire suppression personnel." (Clackamas County code)


That's it.


Accessory uses are allowed in the Watershed as part of the Forest Zoning as long as they are related to the primary use, which is "to conserve soil, air, and water quality and to provide for wildlife and fisheries resources". There are no requirements for how and where these are located, and because of the resource use they may not even require a building permit. There is no public review requirement for accessory uses.

In contrast, the NEPA process requires disclosure about the actions, alternatives, environmental effects and mitigation, in a process that requires involvement of the public and other agencies. It is clear that the Clackamas County process does not provide the same quality of environmental review as the NEPA process.


2) Does the City review process provide at least the same quality of environmental review as NEPA?


David's reply to constituents states citizens' review options in City processes are:

* quarterly updates that include planned activities of Water Bureau sponsored projects

* the budget review process, which includes citizen involvement, begins nine months before the start of the fiscal year.

* public notification of planned Bull Run projects in semi-annual reports that are prepared in September and March of each year and discussed at coordination meetings with the Mt. Hood National Forest that are open to the public.


The City's environmental review process does not apply in the Bull Run watershed.


3) Does the proposed ordinance offer permanent, long-term protection for the proposed City owned lands?


I am glad to see the inclusion of section 21.36.050 D Ownership of Bull Run Lands and Infrastructure, codifying Commissioner Leonard's leadership in promising the Bull Run will never be transferred to private entities, and will only be transferred to another public entity if the transfer is approved by ordinance of City Council.


I commend the Water Bureau and Commissioner Leonard for adding this new section on Bull Run Watershed Protection regulations. I would like more dialogue about the language, for example:


The new Code section 21.36 offers tree cutting protection and prohibits recreational uses. That's good. It prohibits industrial or commercial uses, except that there is no limit on development "as necessary for protection, enhancement, operation, or maintenance of the water supply system and facilities for electrical power generation and transmission" (Proposed Portland Code 21.36.050 B)


There are no environmental protection or conservation zones in the Bull Run watershed to delineate especially sensitive natural resources, no size limitation on development for the stated purposes, no setback requirements, no standards for stormwater or erosion control, no limits on disturbance area or requirement to replant with native plants after construction, no construction season limitations. None of the protections for sensitive lands in City code Chapter 33.430 apply, only the standards proposed in Chapter 21.36. In these ways and others, the proposed new Code chapter offers the Bull Run watershed less protection than is given to the Balch Creek watershed inside the city limits.


There are other sections that could be improved and refined in an ongoing process, for example, 21.36.050 E Public Notice of Bull Run Activities.  The Code needs to be strengthened to provide greater transparency and public review of development proposals.


4) How does that level of long-term protection compare with the lands being held in US Forest Service ownership?


The case of a long, expensive process to approve a shelter for student education classes, was cited as justification for not having to go through the NEPA process in the future. The shelter was eventually approved. It is not clear if such a shelter would be approved under the City code and Clackamas County ordinances. It doesn't seem "necessary for protection, enhancement, operation, or maintenance of the water supply system and facilities for electrical power generation and transmission.", although like much other development it would "not significantly increase fire hazard, fire suppression costs, or risks to fire suppression personnel."


In my opinion, neither federal nor current/proposed local regulations offer the level of protection Portlanders want for our precious Bull Run watershed. 


5) Does new Code Chapter 21.36 create a new law enforcement unit for the City of Portland? 


21.36.030 Enforcement creates "Closure Area enforcement officers as provided for under ORS 448.315" This state statute is on "Special Police to enforce ORS 448.295", and provides that "The mayor or authorities having control of the community water system supplying the city may appoint special police officers who... After taking oath, shall have the powers of constables"; including "May arrest with or without warrant ..."


Is this Code section creating a new police force for the Bull Run watershed? I cannot support adoption of this new Code section even as an interim measure, until this section is clarified. (Commissioner Leonard stated at Second Reading that he believes he already has authority under the state statute to create these police officer positions without approval of the Council)


In summary, I believe it would be prudent to step back from these new code amendments and the land swap process, and take another look at what the City can require of itself in the watershed on City-owned lands. We need to provide more assurances to the public that we will do everything we can to safeguard our actions in the watershed while doing what the Water Bureau needs to get done. If the City's regulations in 21.36 become at least as good as the environmental zone rules, with the same level of public scrutiny as NEPA, I could be comfortable with the proposed land exchange. This week, I would prefer to postpone the votes on both ordinances.


The vote was 4-1 to pursue the land swap and adopt the new Code section as proposed.  Further discussion and questions should be directed to the Water Bureau and Commissioner Leonard.

Table of Contents
Residential Infill Project comments
Better Housing by Design speech
Draft Tree Code Resolution December 2019
Portland Water Bureau Annual Report on Filtration Plant Planning, June 2019
Proposed Charter Change Ballot Captions and Summaries
Proposed Charter Amendments
2019-20 Budget Speech
Speech on Withdrawing from JTTF, 2/13/19
Dr. Markisha Smith joins the Office of Equity and Human Rights
Revised Proposed Legislative Agenda 2019
Local and Federal Investments on Homelessness
Community Input on 2019 Legislative Priorities
Speech on Protest Safety Ordinance
Open and Accountable Elections ordinance 2016
Open & Accountable Elections Director Selected
Message to City Employees on All-user restrooms
Fiscal Report for my office, 2009 - 20016
My speech at Open and Accountable Elections public hearing, September 2016
San Francisco Resolution regarding policies of President-elect Trump
Report on Demolition Regulations Implementation, 2016
2012 Resolution and 2016 MOU on Tribal Consultation
Open and Accountable Elections proposed code
Chief Marshman Statement 10/12/16
Comments on Police union contract vote
Updated information on Proposed Police Contract
Frequently Asked Questions on Proposed Portland Police Association contract
Community Conversation on SE 3rd & Harrison Site: Discussion Highlights
Community Conversation on SE 3rd & Harrison Site: Discussion Highlights
A Home For Everyone Summary
My speech on Transportation Network Companies/taxis
Paid Parental Leave FAQ
Paid Parental Leave Ordinance
Decision-making on Duniway Park donation
Closed Captioning Press Release
Closed Captioning Ordiance
Especially Large Tree Development Proposal
How to Make a Difference at a Planning Commission or City Council Hearing
Noise Task Force Application
Substitute Ordinance Pile Driving
Portland's Protected Sick Time Code
Speech on JTTF Memorandum Of Understanding
ACLU letter on JTTF 2-25-15
Comments on SDC Waivers for Middle-Income Housing in Old Town Chinatown
One Key Question Press Release
One Key Question Resolution
Vending Carts Regulations brochure (pdf)
2013 Span of Control Report (pdf)
Captioned video of Council hearing on Blood Donations and HIV precautions, September 2013
DHM Oregon Opinion Poll 2013
Department of Justice Settlement Agreement
Resolution on Zoning Confirmation Letter, Oct 2, 2013
Right to Dream Too Zoning Confirmation Letter, for Oct 2 hearing
Street Musicians Agreement FAQs
Street Musicians Agreement (pdf)
Occupancy/rental taxes on hotels, rental vehicles, etc.
Adopted Protected Sick Time Ordinance 3/13/13
Adopted Protected Sick Leave Code
Metro Fact Sheet on the proposed Oregon Convention Center Hotel
Statement on proposed Public Utility District, 7/18/13 (pdf)
Comments on Parks and Development Services, one month into my assignment
Corrected Comments at the vote on the 2013 - 14 Budget
Comments at the vote on the 2013 - 14 Budget
Ordinance creating the Office of Equity and Human Rights, 09/21/10
Job Posting 3/15/13, Administrative Assistant/Constituent Services Specialist
Adopted Protected Sick Leave Code 3/13/13
Helen Moss OpEd in the Oregonian on why Sick Leave is needed now
Task Force Issues Summary
Protected Sick Time Code proposal 2-28-13 (clean version)
Protected Sick Time proposal 2-28-13 showing changes since 1-18-13
Sick Leave Task Force Meeting 3 Notes
Sick Leave Task Force Meeting 2 Notes
Agenda, Earned Sick Leave Task Force Meeting 2
Sick Leave Task Force Meeting 1 Notes
Earned Sick Leave Task Force members
Memo to Venture Portland members on Earned Sick Leave (pdf)
PSU Economists' Analysis of Earned Sick Leave costs and benefits (pdf)
Proposed Sick Leave Code
Proposed Sick Leave Ordinance
NW Parking: Phased Implementation (Exhibit C)
NW Parking: Amended TMA Structure (Exhibit B)
NW Parking: Additional Amendments to Map Boundary
NW Parking: Amended Resolution
Adopted Principles for Budget Advisory Committees
Public Involvement Advisory Council
City Budget Office proposed Code changes
City Budget Office proposed Ordinance
3-1-1 Resolution passed 10/10/12
Link to article commenting on Harvard fluoride study
Substitute Resolution on Coal Trains, 9/19/12
Statement of Intent for improvements in Portland Police Bureau policies and practices, and the City's care for people experiencing mental illnesses, 9/13/12 (pdf)
US Department of Justice Findings in Investigation of Portland Police Bureau, 9/13/12 (pdf)
Comments at the Fluoridation vote, 9/12/12
Open Reservoir Work Session Follow-Up Storage Volumes
Open Reservoir Work Session Follow-Up 08-27-12
DRAFT Summary of current City payments of County services
Library District Budget Impacts
Office of Equity and Human Rights Powerpoint Presentation
Office of Equity and Human Rights One Year Work Plan
Letter to the OLCC from Nine Portland-Area State Legislators
2012 Spirit of Portland Awards Nomination Form
Ordinance Related to Licensing Exterior Areas
OLCC Exterior Areas Petition Document
West Portland Crossroads Report by Patty Lee
Council presentation on Portland Harbor from March 28, 2012
Final State Legislature Summary, 3/7/12
Sidewalks Data
PBA Letter on Downtown Marketing Initiative funding, 2/12
State Legislative Update 2/17/12
Team statistics for the 2009 calendar year
State Legislative Update
Final Resolution on Corporate Personhood
Speech from Oregon Poet Laureate Paulann Petersen
Cox v. New Hampshire 1941 U.S. Supreme Court decision
Letter from CFO Rich Goward Regarding City Investment of Funds
Office of Equity and Human Rights Seeks Director
Report from the 1st International Conference on Age-Friendly Cities, Dublin, Ireland September 28-30, 2011
Letter to the Postmaster General
Office of Equity and Human Rights
Response to NECN regarding Last Thursday, 7/28/11
Safer PDX Report Powerpoint
Mid-project Presentation to Council, Safer PDX
Proposed Office of Equity Work Plan, 8/17 Public Review Draft
Proposed draft Equity Office creation ordinance, 8/17 public review draft
Garbage Rates and Options, October 2011
East Portland Expo Program 2011 (pdf)
State Legislative Update 6/30/11
Technology Oversight Committee Application information (pdf)
State Legislative Update 6/24/11
State Legislative Update 6/19/11
State Legislative Update 6/10/11
State Legislative Update 5/28/11
Reports on Equity/Disparities
State Legislative Update 4/29/11
BOEC (9-1-1 Center) 2011-12 Budget Advisory Committee presentation
Equity Office Concept - DRAFT 3/22/11
Equity Office Concept - DRAFT 3/22/11
3/3/11 Update on siting of Wireless Antennas in neighborhoods
Video of Portland Broadband Strategic Plan kickoff session
Biographies of 2011 Charter Commission members
Mayor Adams's response on Human Trafficking statistics and the real problem we face
2011 Charter Commission process Q & A
Appointees to the 2011 City Charter Commission
2011 Charter Commission Appointment Resolution
Sidewalk Management Citations Data, June - August 2010
Resolution on Broadband Strategic Plan, 9/22/10
Summary of Proposed Portland Alcohol Impact Area
OLCC information on Alcohol Impact Areas
National Women's Health Week Project Report
Sidewalk Management Plan updates
Planning for SW Parks
Comments on West Hayden Island Resolution 7/29/10
Amanda's Amendments on West Hayden Island Resolution 7/29/10
Public Safety bond referral
Process for review of Cellular facilities in neighborhoods
Schools/Parks Amendments 4/28/10
Memo to Council on Schools/Parks Code project
City report on 2010 Oregon Legislative session
Central City Concern - spending taxpayers' money wisely
Report on Central City Concern's program effectiveness
Tree removal and construction on I-5 in SW
2010 Regional Graffiti All-Stars
Tibet Proclamation
Neighborhoods in the News, Summer/Fall 2009
Dirty Duck Demolition Permit remarks
Human Rights Commission statement on Aaron Campbell shooting
Questions and Comments on Bull Run Land Exchange and new Bull Run Code
US Postal Service letter on schedule for changing address from 39th Avenue to Cesar E Chavez Boulevard
Water Bureau Fulton/Willamette Park Pump Station
Independent Police Review Dec 2009 Quarterly report
Status of the Columbia River Crossing Bridge
Willamette Week article on Riverfest 2009
Potential Health Impacts of Wireless Facilities
Report on Prostitution Advisory Committee on 82nd Avenue (pdf)
Winter shelters information
Sharing Public Spaces Report
Visit with Gateway Area Business Association
Comments on Bull Run water treatment options, 7/27/09
Community Discussion on Sharing Public Spaces, 7/21/09
Community Discussion on Sharing Public Spaces, 7/18/09
Comments on Proposed Stadium in Lents Park
Statement of Concerns on Major League Soccer
Hayden Island Plan
My first 100 days
Report on the Office of Healthy Working Rivers
City Auditor Report on the City Government's Financial Condition
Office of Healthy Working Rivers organizational meetings
The Great Soccer Debate
"Made In Oregon" sign
Progress on defeating Graffiti
Radon Awareness Month