AN ORDINANCE relating to the Cedar River Watershed and implementing certain provisions of the Cedar River Watershed Habitat Conservation Plan (HCP); prohibiting the harvesting of trees for commercial purposes on City-owned land within the Watershed; authorizing the cutting and removal of trees in the Watershed for certain noncommercial reasons in accordance with the HCP and applicable drinking water source protection standards; declaring certain logs resulting from such cutting to be surplus to the City's needs and authorizing the sale of such logs in accordance with applicable City contracting or surplus property sale procedures; authorizing the application for certification of sustainable forest management; amending the Cedar River Watershed Secondary Use Policies as adopted by Ordinance 114632 relating to timber resources; and dedicating certain revenues for the purpose of offsetting the costs of implementing the HCP.

WHEREAS, the Cedar River Watershed has been the primary source of water supply for the City of Seattle and neighboring communities for approximately one hundred years; and

WHEREAS, beginning early in this one hundred year period the City has protected this water supply source and minimized its water treatment requirements by actively controlling activities, conditions and risks that can adversely affect source water quality; and

WHEREAS, in 1989, Ordinance 114632 confirmed the production of high quality drinking water as the "primary use" of the watershed and adopted policies governing the management of timber resources, wildlife and botanical resources, education opportunities, and other "secondary uses" of the City-owned lands in the watershed; and

WHEREAS, in 1996, the City acquired the remaining federally-owned lands in the watershed in an exchange directed by the Cedar River Watershed Land Exchange Act of 1992 (Public Law102-453) and accepted by Ordinance 117928, thus increasing City's ownership to approximately 90,500 acres, including almost all land upstream of its water supply intake facilities; and

WHEREAS, the Cedar River Municipal Watershed and the lower Cedar River are home to many species of fish and wildlife, some of which are listed as endangered or threatened under the federal Endangered Species Act (ESA); and

WHEREAS, in 1999, following several years of technical studies, negotiations with federal and state agencies and review by public groups and individuals, the City Council adopted Resolution 29977 authorizing the Mayor to submit the Final HCP and other related documents for federal review and issuance of an "incidental take permit" under the ESA, and to execute on behalf of the City the HCP and related agreements, which together established the City's longterm commitments regarding watershed habitat protection and restoration and mitigation for impacts resulting from the presence and operation of certain City-owned facilities; and

WHEREAS, in 2000, the City received the incidental take permit and executed the HCP and related agreements; and

WHEREAS, Resolution 29977 directs the preparation of legislation resolving certain differences between the previously-adopted Secondary Use Policies and the HCP, and dedicating certain revenues for the purpose of offsetting the costs of implementing the HCP; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The harvesting of trees for commercial purposes on Cityowned lands located in the Cedar River Watershed is hereby prohibited.

Section 2. The Director of Seattle Public Utilities is hereby authorized to allow the cutting and removal of trees on City-owned lands in the Cedar River Watershed in accordance with the provisions of the HCP and any applicable state or federal drinking water source protection standards for the following limited non-commercial purposes and reasons relating to the maintenance and improvement of the Watershed and the conduct of normal Watershed operations:

a) ecological thinning and restoration thinning, as described in the HCP;

b) construction projects in the approved Seattle Public Utilities Capital Improvement Program;

c) maintenance of roads, trails, utility rights of way, fences, facilities and landscaped grounds;

d) extraction of gravel and rock necessary for construction and maintenance of roads and other facilities in the Cedar River Watershed;

e) incidental and catastrophic salvage activities (including the removal of trees damaged or downed by storm, disease, insects, fire) pursuant to and subject to the limitations prescribed in the HCP;

f) removal of trees representing safety hazards, or those downed by timber trespass; and

g) such other non-commercial purposes or reasons as may be permitted under the HCP and the restrictions in the deed to the former federal lands as accepted by Ordinance 117928.

Section 3. The Director of Seattle Public Utilities is hereby authorized to sell, under applicable City contracting or surplus property sale procedures and subject to the right of first refusal granted to Mountain Tree Farm Company by the 1962 Cedar River Watershed Cooperative Agreement, any trees cut for non-commercial purposes as authorized by section 2 of this ordinance, provided that any such sale or sales executed under the authority granted in this section shall not exceed the cumulative total of 250,000 board feet of timber in any single calendar year, excluding sales specifically authorized by separate ordinance. Such sale or sales may be included as a term in any contract awarded to carry out the activities specified in Section 2 of this ordinance. A public hearing having been held, the logs resulting from the trees cut for non-commercial purposes as authorized by this ordinance and not exceeding the cumulative total of 250,000 board feet of timber in any single calendar year, are hereby declared to be surplus to the City's needs. Any sales of such trees exceeding 250,000 board feet must be authorized by separate ordinance. The Director of Seattle Public Utilities shall, not later than March 31 of each year, submit to the Mayor and City Council a report for the previous calendar year of the timber volumes sold and the proceeds derived from sales authorized by this section and by any separate ordinance, and an estimate on what tree cutting is anticipated in the next year, and an analysis of the cumulative effects of these projects. Any proceeds derived from such sales authorized by this section or by separate ordinance shall be deposited in the Water Fund and further dedicated for the exclusive purpose of offsetting the costs of implementing the HCP, including the projects, programs and activities described in the HCP documents and those that educate the public about them.

Section 4. The Director of Seattle Public Utilities is hereby authorized to apply for and accept from the Forest Stewardship Council, the Sustainable Forestry Initiative, and/or other independent forest management auditing organizations certification that the forest in the Cedar River Watershed under the terms of the HCP is sustainably managed.

Section 5. The Secondary Use Policies adopted by Ordinance 114632 relating to Timber Resources and numbered 6-5 through 6-12, are hereby repealed and sections 1 through 4 of this ordinance are hereby adopted in their place as Secondary Use Policies 6-5 through 6-8, respectively. To the extent that any other Secondary Use Policies adopted in 1989 by Ordinance 114632 conflict with the provisions of the HCP approved by Resolution 29977 in 2000, the provisions of the HCP shall prevail.

Section 6. Any net proceeds derived from the sale of lands declared by Resolution 29657 to be properties eligible for disposition shall be deposited in the Water Fund and further dedicated for the exclusive purpose of offsetting the costs of implementing the HCP, including the projects, programs and activities described in the HCP documents and those that educate the public about them.

Section 7. Any act taken pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 8. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 20___, and signed by me in open session in authentication of its passage this _____ day of _______________, 20___. ___________________________________ President ____________of the City Council

Approved by me this _____ day of _______________, 20___. ___________________________________ Gregory J. Nickels, Mayor

Filed by me this _____ day of _______________, 20___ ___________________________________ City Clerk

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