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10/23/2006 - Packet TIGARD WATER DISTRICT BOARD of COMMISSIONERS MEETING Serving the Unincorporated Area AGENDA Monday, October 23, 2006 7:00 p.m. 1. Call to Order, Roll Call and Introductions 2. Approval of Minutes —August 28, 2006 3. Visitor Comments 4. Washington County Memorandum of Understanding (MOU) —Ron Bunch 5. Further Discussion of Amendments to March 20, 2006, Minutes— Twila Willson 6. Water Supply Update —Dennis Koelleimeier 7. IWB Update — George Rhine/Janet Zeider 8. Non-Agenda Items 9. Set next meeting date—November 27, 2006, at 7:00 p.m., Water Auditorium 10. Adjournment Executive Session: The Tigard Water District Board may go into Executive Session under the provisions of ORS 192.660 (2)(d),(e), &(h)to discuss labor relations,real property transactions,and current and pending litigation issues.If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions within this session are confidential;therefore nothing firm this session may be disclosed by those present. Representatives of the news media are allowed to attend this Session,as provided by ORS 192.660(4), but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. TIGARD WATER DISTRICT BOARD of COMMISSIONERS Serving the Unincorporated Area Monday,August 28,2006 7:00 p.m. Members Present: Beverly Froude, George Rhine, Janet Zeider, Marc Delphine and Charles Radley Staff Present: Dennis Koellermeier and Joy Koss Visitors: None 1. Call to Order,Roll Call and Introductions The Tigard Water District meeting was called to order by Chairperson, Beverly Froude, at 7:01 p.m., staff called roll and all board members were in attendance. 2. Approval of Minutes—July 24,2006 Commissioner George Rhine motioned to accept the minutes, Commissioner Janet Zeider seconded the motion and the board voted unanimously to approve the minutes. 3. Consider Amendments to the March 20, 2006 Minutes Commissioner Rhine motioned to accept the amendments to the March 20,2006 minutes as outlined by Twila Willson, Commissioner Janet Zeider seconded the motion and the board voted in favor,with the exception of Commissioner Marc Delphine who abstained. 4. Visitors Comments No visitors were present. 5. Water Supply Update and Other Information — Dennis Koellermeier Mr. Koellermeier referred to the handout, an excerpt from an Oregonian newspaper article, which he found interesting in that a water district on the other side of the Portland metropolitan area is facing somewhat the same issue as this Board—will they exist and what will their boundaries look like. This article was provided for background information to let this Board know it is not alone. Current Water Supply Issues - Mr. Koellermeier reported that our supply continues to be adequate. Depending on the day,we have 10-20 percent reserve capacity this time of year. Tigard Water District Draft August 29, 2006 1 Water Suppliers Information—This month Portland began the process of blending (10 percent ground water with 90 percent Bull Run water) instead of using all of the stored water and then going 100 percent on ground water. Because some of the users complained about a different taste and some of the commercial users had to deal with chemistry changes in the water, they adopted the policy three years ago of starting sooner using ground water and doing a blend. In response to questions posed by Commissioner Froude, Mr. Koellermeier commented that he thought in the past he had shared with the Board a model predicting three possible scenarios of how long the Bull Run stored ground water would last as compared to the weather. Mr. Koellermeier receives a monthly update showing where City of Tigard is on the curve (reflecting high,medium and low use)and he will include a copy in the next board packet. The Joint Water Commission (JWC)and Lake Oswego continue to provide water to the City of Tigard. Lake Oswego struggles a little bit on these really hot days and the city expects that to happen and it can work around that. Most of their issues are a result of old equipment and facilities, which have been identified and addressed in the study we are doing with them, and need to be updated to be more reliable during hot weather. The ASR continues to provide water for Tigard. We have probably used about 75 percent of the water now. By the end of September, Tigard will have used all the stored water and then the recharge period starts. The City of Tigard injects for eight months, rests for a month and then uses for three months. Tigard's study with Lake Oswego continues to proceed. There will be an upcoming meeting (date is still being worked out between the Lake Oswego and City of Tigard councils). The JWB has been invited to attend this meeting that will be held some time mid-November. When that date is determined, Mr. Koellermeier will share that information with this board. It is an open meeting and the Tigard Water District board is welcome to attend. The meeting will be held in Lake Oswego. Things continue to look positive. The City of Tigard is really on the front end of a multi-chapter study and Mr. Koellermeier has seen two of the nine chapters. The study is due in January. The JWC plans to publish the draft environmental impact statement in November. There will be about a four-month study and comment period. The JWC and the Lake Oswego material will be available at approximately the same time and Tigard will be able to compare that to the Portland contract (three points on the decision process so decision makers can look at all those options at relatively the same time). Commissioner Charles Radley asked Mr. Koellermeier what is the current percentage of fluoridation. Mr. Koellermeier responded that the City of Tigard obtains about 1.5 mgd from the JWC starting the middle of June through the first or middle of September,depending on flow needs. By the time you blend 1.5 to 10 mgd,it brings the percentage down to approximately.006. The issue is, it is not a perfect blend. We don't blend it before it comes into the city and it doesn't get distributed evenly. There are pockets that have the complete fluoridation load and it tapers down from there. As the City of Tigard does other monthly testing,we also test for fluoride. Those results are plotted across the city. It is an after-the- Tigard Water District Draft August 29, 2006 2 fact concentration issue but,by modeling, the City of Tigard can over time start to tell people that generally in August in your neighborhood you can expect this much fluoride in the water. Commissioner Delphine asked,what is the source of this fluoride? In response, Mr.Koellermeier stated the City of Beaverton injects fluoride in all of their water. Commissioner Delphine then asked,where do they get that fluoride from? Mr. Koellermeier indicated he did not know who their supplier was,but that he could acquire that information. Most of the questions about fluoride are concerns from parents who are administering fluoride to their children and they want to make sure they don't overdose. 6. IWB Update—George Rhine/Janet Zeider Commissioner Rhine reported there was an appeal for a refund on a residential leak. It was resolved to split the remaining cost with the homeowner. The homeowner promptly fixed the problem; it was expensive. As a non-agenda item, Commissioner Rhine made comment to the IWB board that the board ought to be proactive in deciding how it will handle the inclusion of the City of Bull Mountain, if and when the vote is passed,rather than wait to the very end. Whether that is a charter issue or whether they want to try and assign that to the TWB board to handle or what, but somehow if the City of Bull Mountain is formed, then that entity needs to be a party to the IWB. Commissioner Rhine indicated his comments were acknowledged. Because it was a non-agenda item,there was no resolution. 7. Non-Agenda Items When there is a light agenda,Mr.Koellermeier indicated he would like some direction from the board as to whether they want to continue to meet or give him the authority to talk to the Chair(or Vice Chair)to determine if a scheduled meeting could be cancelled. The board members discussed their options regarding meeting practices making reference to by-laws, state laws and Mr. Balfour's comments. As a suggestion,Mr. Koellermeier said we can schedule monthly meetings. A week before the meeting, Mr.Koellermeier will discuss the agenda with the Chair(or Vice Chair). If it is determined to be a light agenda, a decision may be made to cancel the scheduled meeting. A meeting cancellation notice would be posted on the web site and public buildings. 8. Set next meeting date—September 25,2006, at 7:00 p.m. 9. Adjournment Commissioner Delphine motioned to adjourn, Commissioner Rhine seconded the motion, and the board voted unanimously to adjourn the meeting at 7:30 p.m. Joy Koss, TWD Recording Secretary =. Date: Tigard Water District Draft August 29, 2006 3 • , MEMORANDUM T I GARD TO: Tigard Water District Board of Commissioners FROM: Twila Willson 0/1. Qt o RE: Follow-up to Request to Review and Consider Modifying March 20, 2006, Minutes DATE: October 17, 2006 It was unclear from the August 28, 2006, meeting digital transcripts and minutes what the board's direction regarding wording was to be of the previously approved minutes from March 20, 2006. I will revise the minutes where clarification from Mr. Phil Decker was requested with reference to where he is licensed as an attorney (California). However,it was not clear as to how the board wished to handle the request for review and modification made by Lisa Hamilton-Treick. If the board thinks the essence of the meeting was not captured in the original minutes and wishes changes, then direction as to the wording is requested. I have enclosed another copy of my original memo and attachments. Please review the verbatim portion with the portion of the previously approved minutes and be prepared to offer any comments and recommendations you feel appropriate. If you have any questions,please feel free to contact me at 503-718-2597. Thank you for your patience and continued efforts. See you on Monday. Enclosures c: Dennis Koellermeier Brian Rager John Goodrich Greer Gaston v IN '11 r MEMORANDUM TIGARD TO: Tigard Water District Board of Commissioners FROM: Twila Willson RE: Requests to Review and Consider Modifying March 20, 2006, Minutes DATE: August 4, 2006 We have received two requests to consider changes to the already-approved minutes of the Special Meeting held on March 20, 2006. Included with this memo are several attachments: • E-mail request from Phil Decker to Dennis Koellermeier • E-mail requests from Lisa Hamilton-Treick and replies from Brian Rager • Copy of March 20, 2006, minutes with one proposed change and highlighted section for review and change consideration • Verbatim portion of March 20, 2006, minutes Mr. Phil Decker has requested a reference be added to the minutes as to where he is licensed as an attorney (California). The taped minutes,in fact, do contain that reference, however it was not included in the written minutes. The proposed change is at the bottom of page one (in red) of the copy of minutes. Lisa Hamilton-Treick requested review of the tape regarding the summation of her comments beginning at the top of page five (highlighted in yellow). Please review the approved minutes against the verbatim portion of the minutes and be prepared to make any recommendations appropriate for change. If you have any questions, please feel free to contact me at 503-718-2597. Thanks. Enclosures c: Dennis Koellermeier Brian Rager , ., , John Goodrich Greer Gaston Page 1 of 1 Twila Willson - Fwd: Tigard Water District: Minutes of Special Meeting, March 20, 2006 From: Dennis Koellermeier To: Twila Willson Date: 7/21/2006 8:28 AM Subject: Fwd: Tigard Water District: Minutes of Special Meeting, March 20, 2006 CC: Brian Rager Can you look into this? I think I recall he was not an Oregon attorney. Let's talk about the process to get this changed if his request is valid. I'm also sending another proposed minute correction from LHT. Dennis Koellermeier Main #:503-639-4171 ex.2596 Direct#: 503-718-2596 DennisCatiaard-or.aov >>> "phil decker" <pd-law@comcast.net> 04/21 7:44 AM >>> Re: Minutes of the District Board's Special Meeting of March 20, 2006 Mr. Koellermeier: The minutes refer to me as a'licensed attorney" but do not include my reference that I am licensed as an attorney in California and not in Oregon. I would request that the Minutes so note. Thank you for your kind assistance. Phil Decker file://C:\Documents and Settings\twila.001\Local Settings\Temp\GW}00001.HTM 7/21/2006 Twila Willson - Fwd: Re: Minutes from 3/20/07 TWD Meeting Page 1 From: Brian Rager To: Greer Gaston; Twila Wilson Date: 7/24/2006 8:08:33 AM Subject: Fwd: Re: Minutes from 3/20/07 TWD Meeting Here is what I got back from LHT. Brian D. Rager Assistant Public Works Director City of Tigard Phone: (503)718-2471 NOTE: New E-mail: brianr@tigard-or.gov Public Works: "Taking Care of The Community" >>> "Lisa Hamilton-Treick"<Lisa@HamiltonRealtyGroup.com> 07/22 7:30 AM >>> Brian, Please see the top paragraph of page five. "Ms. Hamilton-Treick expressed concern about using Mr. Balfour as representation." Thanks, Lisa Original Message From: "Brian Rager"<BRIANR(a�tigard-or.gov> To: <Lisa(DHamiltonRealtvGroup.com> Cc: "Greer Gaston" <GREER a(�tigard-or.gov> Sent: Friday, July 21, 2006 5:09 PM Subject: Minutes from 3/20/07 TWD Meeting > Lisa, > Our staff listened to the tapes of the meeting this afternoon and is > having a hard time pinpointing the areas where you believe there are > mistakes. Would you be willing to take the written minutes and mark up >the paragraphs/sentences where you believe the errors are located? With > that, our staff can then run the tape to that location and check it. >Thanks so much. > Brian D. Rager >Assistant Public Works Director > City of Tigard > Phone: (503)718-2471 > NOTE: New E-mail: brianr(a�tigard-or.gov > > Public Works: > "Taking Care of The Community" Twila Willson-Re: Minutes of 3/20/2006 Meeting and TWD Boundary Map Page 1 • From: Brian Rager To: Lisa Hamilton-Treick Date: 7/21/2006 11:49:54 AM Subject: Re: Minutes of 3/20/2006 Meeting and TWD Boundary Map Hi Lisa, In Dennis' absence I will do my best to address the issues you raised in your e-mail. 1. Regarding your concern with the March 20, 2006 TWD meeting minutes, I appreciate your feedback. We will listen to the tapes of that meeting and will propose any necessary changes to the Board for approval. Because of the fact that we are missing two of our administrative staff today and Monday, we will not be able to accomplish this for the Monday night meeting. We will mention to the Board that some suggested changes were received and will bring any necessary changes to them at their next meeting. 2. Regarding maps.We are working to produce a map that shows the current boundaries of all portions of the Tigard Water Service Area: City of Tigard, King City, Durham and the Tigard Water District. Up until now, a map like this did not exist. In response to Commissioner Rhine's request at the last TWD meeting,this map will also show the proposed City of Bull Mountain shaded in blue so that it can be seen what properties would be left remaining in the TWD if that proposed city were to withdraw from the TWD. I have just reviewed a draft of this map and our staff will be making some changes. The map will be ready for the TWD meeting on Monday night. If you will be attending the TWD meeting, t can have your copy to you at that time; if not, then I can have it to you first thing Tuesday, July 25, 2006. I understand that you also asked for a map like this electronically. Next week, my project engineer(who is working on the map)will have Adobe PDF Writer installed on his PC, which will enable him to do this for you. The map is created in AutoCAD, so it is not a simple matter to send the map to you without creating a PDF file. The second map you are requesting (system assets versus other assets)does not exist. We have an overall water system map that shows all assets. They are not broken out by"system" versus"other". For reasons related to Homeland Security,we do not provide copies of that map to the public. 3. Your comments about the delay in posting TWD meeting minutes are appreciated. We have been making some changes in-house as to how we coordinate the production of meeting minutes, and are striving to improve the turn around. We did check our records and it appears the March TWD minutes were posted after they were approved by the Board; we are not sure of the exact date on that. However, the April and May meeting minutes were late in getting posted. 4. Regarding the TWD by-laws. The Board has discussed this issue and has it on their Monday night agenda to discuss. 5. I can not really speak to your comment about the timeliness of Mr. Koellermeier's delivery of the Friends letter to the Board. 6. Your final comment about getting this information to the Board, along with this e-mail communication. What we plan to give to the Board on Monday night is the following: 1) notification that proposed changes to the March 20, 2006 TWD meeting minutes have been received by Staff and that any necessary changes will be brought to them for consideration at their next meeting; 2)a map as described in#2 above; and 3) copies of this e-mail exchange. Please let me know if you have any further questions. Thanks, Brian Rager ii Page 1 of 1 Twila Willson - Fwd: Minutes of 3/20/2006 Meeting and TWD Boundary Map From: Greer Gaston To: Twila Willson Date: 7/21/2006 8:33 AM Subject: Fwd: Minutes of 3/20/2006 Meeting and TWD Boundary Map Other request for change to March 20 minutes, see first paragraph. Greer Gaston City of Tigard Public Works greer@tigard-or.qov PHONE 503.639.4171 x2595 FAX 503.684.8840 >>> "Lisa Hamilton-Treick" <Lisa@HamiltonRealtyGroup.com> 07/20 8:44 PM >>> Mr. Koellermeier, Ms. Gaston: I request that you correct your March 20, 2006 minutes to accurately reflect my comments regarding the TWD hiring attorney, Mr. Balfour to represent the interests of the TWD rate payers. I supported the hiring of Mr. Balfour, but did not support using Tigard's legal counsel to represent the interests of the residents of the TWD boundary area. I also did not support Mr. Kollermeier and/or the Chairman acting alone as the sole contact with Mr. Balfour. The purpose of my comments was to see that the best interests of the resident rate payers of the TWD be fairly represented. I would also like to note that on March 20, 2006 Commissioner Froude asked "if they could be provided a defining map, past and present, depicted the district and how the creation of a new city might impact the district". ...."Mr. Koellermeier said....he will arrange for an updated map of the district boundaries." In a round of email communication with Mr. Koellermeier over the past several weeks, I was told that: 1) No map exists 2) I could use the Tigard city boundary map as a map of the TWD boundary(even though I reminded Mr. Koellermeier that the boundary extends to the King City and Durham areas) 3) I would have the map mailed to me (which I have not received), and finally 4)The chairman has requested a map, so it will be available, but not until the 7/24 meeting. Could anyone question why I feel I have gotten the run-around? I have also requested a map depicting the "system assets" and "other assets"of Tigard and the TWD. I have not received it and have been left with the impression that no such map of the assets exists. I am left with the belief that Tigard does not want me to have a boundary map and Tigard does not want me to have a map of the assets. A few final comments: 1) I think a three to four month delay in posting the minutes of the TWD is unacceptable 2) I think it is high time the TWD deal with their grossly out of date by-laws. 3) I think it is highly inappropriate that Mr. Kollerrmeier did not provide the letter from Friends of Bull Mountain to the IWB in a timely fashion, not until I prompted him to do so and not until they gathered for their July 12th meeting, although requested on 6/26 at the TWD meeting. I respectfully request that his information be forwarded to the Tigard Water District Commissioners in a timely fashion and that I receive confirmation that the TWD Commissioners have received this email communication. Best Regards, Lisa Hamilton-Treick file://C:\Documents and Settings\twila.001\Local Settings\Temp\GW}00001.HTM 8/4/2006 VERBATIM PORTION OF MINUTES Tigard Water District Special Meeting — March 20, 2006 (Bottom of page 4) Commissioner Radley made a motion for the Board to engage legal counsel to determine if the Board has the authority to entertain the Friends of Bull Mountain's request to fund the comprehensive feasibility study. Commissioner Zeider seconded the motion. The motion was approved by unanimous vote. The verbatim minutes begin following this motion. (Top of page 5) Commissioner Rhine: Thank you Charles. Urn,we've got to find somebody that can represent us in this because I'm not sure Mr.Balfour is,ah,available. Urn,we,we'll give him a call. He,he's currently got this other project that he's working on. Dennis Koellermeier: Yeah. So you would like me to call Mr.Balfour and see if he'd expand his scope to deal with this issue? Is that your first choice? Janet Zeider. Ah,ha. Dennis Koellenneier. Okay. Lisa Hamilton Treick (?-Too sq to unierstma) There is great concern about who is representing who and... Greer Gaston: Lisa, could you come up so we can get what you're saying on tape please. Thank you. Lisa Hamilton Treick I,uh,you may recall the proposition left before,a month or so ago. Urn, there's an old saying about the fox guarding the hen house and I'm sorry,please don't take that personally,urn,Dennis, but,urn, I really don't think that it's unwise representation to diverge to the City of Tigard... Commissioner Rhine: Now Dennis,Dennis has not been involved with any of the discussions with Mr.Balfour. That's been me as the chairman of the board. The only thing he's done is,is made some, some initial contacts and since the personal service agreement,we don't have the ability to pay directly. They hold the funds,then the personal service agreement for the,uh,the,basically the work items,uh,what he's going to do,how much he's going to charge and everything else,are negotiated with the City of Tigard and then I say go ahead and pay it. Lisa Hamilton Treick Okay,well I would just ask for,urn,some clarity about where the duties and responsibilities lie and,urn,uh,I,I just am very uncomfortable about the boundaries not being clear about,urn, VERBATIM PORTION OF MINUTES communications with an attorney who is supposed to be representing the best interests of the water district rate payers. Commissioner Rhine: Right. Lisa Hamilton Treick And I would really respectfully request that there be some very clear boundaries about that communication and,and representation. Urn, I would not want to rely on the City of Tigard to... Commissioner Rhine: We're not going to ask,we're not asking the City of Tigard to come out with a legal opinion about this issue at all. Lisa Hamilton Treick I, I, I'm a,uh,uh, a real estate broker, and I guess I'm hyper sensitive to representation. Some people don't realize the critical nature of that,and I live and work it every day,so I'm extremely sensitive... Commissioner Rhine: Okay. Lisa Hamilton Treick: ...to representation,and I would just ask that the Tigard Water District Board take representation very seriously in terms of the communication and, and whose best interests are being represented. Commissioner Rhine: Okay. Thanks for your interest. Commissioner Delphine:I'd like to join in because I've actually gotten a couple of phone calls from ah,from residents of Bull Mountain stating that our counsel might not necessarily be urn,or,not necessarily bad,but,but is questioning ah,his involvement as to (TRAIN WHISTLE) what side is he on. What side is he on? Is he on Cary of Tigard? Oris he on Bull Mountain? I mean,is he on Tigard Water,you know,Tigard Water District's side? (TRAIN WHISTLE)And I had, I had no idea, so it kind of curbed a flag on what we know(TRAIN WHISTLE),I mean is something ... Lisa Hamilton Treick (TRAIN WHISTLE) ...a crystal, clear picture of who's being represented and who our info. is talked ...(TRAIN WHISTLE)... Commissioner Rhine: Okay. Thank you. Lisa Hamilton Treick Thank you for letting me rnakP that additional comment. • VERBATIM PORTION OF MINUTES TIGARD WATER DISTRICT BOARD of COMMISSIONERS SPECIAL MEETING Serving the Unincorporated Area Monday,March 20,2006 7:00 p.m. Members Present: George Rhine,Janet Zeider,Marc Delphine,Charles Radley, Beverly Froude Staff Present: Public Works Director Dennis Koellermeier Recorder Greer Gaston Visitors: Madalyn A..Utz,Ray Utz,Phil Decker,LaVelle Haas,Jeff Cameron, Helen Honse,Patti Fowler,Kinton Fowler,John Carter,Roy Kindrick,Janice Kindrick, Luciana Lopez,Ken Henschel,Lisa Hamrlton Treick,Kesmira McVey,Judy Carter,John Barth(sp?), Wynne Wa dcila,Tom Ruyusson(sp?) 1. Call to Order,Roll Call and Introductions The Tigard Water District(TWD) meeting was called to order bythe Chairperson,Commissioner George Rhine,at 7:04 p.m. and staff called roll. 2. Discussion of the Friends of Bull Mountain's Request to Fund the Comprehensive Feasibility Study Required for Incorporation Commissioner Rhine introduced Keshmira McVey,a representative of the Friends of Bull Mountain. Ms.McVeyprovided the Commissioners with a map and distributed a handout regarding the group's request for the Tigard Water District(I'WD)to fund the comprehensive feasrbrliitystudy.The map and handout are on file in the TWD record.Ms.McVey read the handout to the Commissioners which requested the TWD's financial support in funding the economic feasibility study for the Friends of Bull Mountain in the amount of$34,000. She ithrred to the newly formed City of Damascus as precedent. The feasrbllitystudyis scheduled to be completed by mid-April and then reviewed with county officials and submitted ted as part of the petition for incorporation. It would form the basis of the long- range ongrange planning needs and all the urban services that are required,including water,sewer,parks,police, etc. The costs for the economic feasrbilitystudy are based on estimated time and materials compared with the studythe consultant performed for Damascus. There are over 250 active members of Friends of Bull Mountain. Commissioner Rhine opened up the meeting for comments from ciri7ens. Phil Decker, 14540 SW 148`'Place,unincorporated Bull Mountain. As a former judge pro-tern and licensed attorney in California(not Oregon),Mr.Decker could not lend his name to the support of Mr.Radley's report,and he therefore reluctantly resigned from the Tigard Water District Draft Copy March 20,2006 1 Commissioner Rhine was not sure if Clark Balfour was available to represent this issue,but advised staff to contact Mr Balfour to find out if he would expand his scope to conclude this issue: Ms. Ilton-Tref expressed her concern about using Mr.Balfour as representation. Commissioner Rhine stated that Mr.Koelletmeier has had no contact with the attorney,but has taken din horn the Q airman of the Board. Mt Hamilton-Trelk stressed the need for unbiased legal counsels asked for clarity of duties and responsibilities with clear boundaries for the atto rrepr gthe interests of water dist district nue payers.Commissioner Delphine said he received calls from residents questioning the involvement and interests of the attorney. 3. Discussion of the Bylaws and Bylaw Modifications Commissioner Rhine commented that the bylaws were out-of-date and were done when the TWD operated as its own entity before the IWB agreement He thought there should be new bylaws,but was not sure what legal process to follow for adopting a new set.Staff research suggests consulting the Board's attorney. Commissioner Radley said two sections seemed to conflict with each other and suggested creating bylaws that would reconcile the conflicting sections. It was suggested that other water districts be contacted that may have similar structure to the TWD and review their bylaws. Commissioner Radley said the current bylaws were not bad and thought they were typical of water district bylaws. Commissioner Rhine said there were some areas they have not been conforming to and some areas that were not applicable. Commissioner Radley noted the provision states the Board must meet monthly. Wynne Wakklla suggested using the phrase"in accordance with state law"in policy and procedures manuals, etc.,then when state law changes the core is still in place. Ken Henschel said he was appalled the Board was not intimately familiar with the bylaws. He received a copy of the bylaws and can see areas where the Board is not complying with the bylaws. He recommends the Board thoroughly study and know the operating procedures. Commissioner Rhine explained that this TWD Board of Commissioners is far different than when these bylaws were created and pointed out that this was done before the agreement with Tigard. The current board has used the bylaws where it seems to fit and with these new developments,it does not fit well. Commissioner Froude stated that the TWD was an independent board in one way,but they were part of the larger organization of the IWB and decisions for the entire area have been made by the IWB representatives. Commissioner Rhine said it was clear they needed to revise the bylaws and operating procedures. Mr.Koellen neier recommended that this issue should also be referred to legal counsel He further suggested the Board of Commissioners review the bylaws and work on what needs to be changed.He will look for similar bylaws in similar agencies. Commissioner Rhine asked other board members to review and mark up bylaws and bring those suggested changes to the next meeting.He will contact their attorney and discuss what procedures to take to make the changes. Commissioner Radley made a motion for the board to contact an attorney in order to determine the process to change the bylaws,taking into account updates in the law,and to consider the effect that the 1993 agreement has on the bylaws. Tigard Water District Draft Copy March 20, 2006 5 Commissioner Delphine seconded the motion.The motion was approved by unanimous vote. Mr.Koellermeier touched on the issue about whether he could be unbiased. Depending on board direction,which has been far more active on various issues over the last six months,he may not be able to represent the TWD and the city. Consider,along with the bylaws and rules,the context of the budget and if city staff cannot represent at this level of activity. If city staff removes themselves from Board representation, the replacement would be a substantially higher cost as compared to city. It is possible that the Board and City will have a conflict of interest.Another issue is the volume of work, as an example,he received 27 emails in the last month and a half,which is about 20 more than he has received from the entire board over the last five years. So there is a definite change in volume. Commissioner Froude said that was a good discussion point and they needed to understand that this has been an interim board from1993 until now. This issue is part of the larger picture. Perhaps the Board should discuss why the TWD should have the City of Tigard as administrative staff. Commissioner Rhine said that under the circumstances may at some point be appropriate to terminate and hire someone else,but recognize it will be at a higher rate to have that done. Wynne Wakkila policies set aside from operating procedures. Commissioner Froude asked if they could be provided a defining map, past and present, depicted the district and how the creation of a new city might impact the district. Mr. Koellermeier said the last one he knew of was done in the mid-80s. He will arrange for an updated map of the district boundaries. Mr. Koellermeier commented that the next major piece of work to be formulated was the budget for next year. He suggested more guidance in the budget process than has been in the past. 4. Discussion of Section 2.02C of the Bylaws Related to the Chairperson's Term of Office The current bylaws say the chair serves only one consecutive term. Past practice has not been in compliance with this section. Staff reported that ORS 264 no longer contains regulations limiting terms of office. Commissioner Delphine moved we table this motion until they could consult with an attorney. No second and the motion died. However, discussion continued and the Board decided to leave the issue until later. 5. Adjournment At 8:41 p.m. Commissioner Delphine motioned to adjourn the meeting, Commissioner Froude seconded the motion, and the motion was approved by unanimous vote. Twila Willson,TWD Recording Secretary Date: Tigard Water District Draft Copy March 20, 2006 6 MEMORANDUM OF UNDERSTANDING EXTENSIONS OF PUBLIC WATER AND SEWER SERVICES TO MEASURE 37- RELATED URBAN DEVELOPMENTS IN RURAL WASHINGTON COUNTY This Memorandum of Understanding (MOU) is entered into between Metro, Washington County, cities and service districts as evidenced by the signatures provided below. Recitals. 1. Measure 37 has potentially increased the demand for the extension of public water and sewer services to rural land in Washington County. 2. The existing regulations governing the extension of public water and sewer service do not consider the impact of Measure 37 on development of rural land. 3. Metro, Washington County, cities and special districts are concerned that without adequate planning, the increase in demand for the extension of public water and sewer services to rural lands outside of an Urban Growth Boundary (UGB) may have adverse impacts on the level of service being provided to their urban customers and on the orderly and efficient transition from rural to urban land uses. 4. This MOU does not apply to the construction of public water or sewer facilities across lands located outside of UGB's in order to provide water or sewer services to urban areas located inside UGB's. 5. The affected jurisdictions wish to provide a coordinated framework for implementing existing law and developing new policy to address these concerns. Terms. The parties to this MOU understand as follows: 1. In Washington County there are a variety of regulations governing the extension of public sewer and water service provided under state, regional and local law including but not limited to the following: A. Under the Metro Code, extraterritorial extensions of public sewer and water from inside the Metro UGB to serve lands outside of the Metro UGB are prohibited. B. Outside of the Metro area state law prohibits, with limited exceptions, extensions of public sewer from inside a UGB to serve lands outside a UGB. C. State law also prohibits, with limited exceptions, extensions of public sewer outside of a UGB to serve lands outside of a UGB. • k 8-09-06 DRAFT D. The Washington County Comprehensive Plan prohibits, with limited exceptions, extensions of public sewer or water to serve resource lands. 2. Existing regulations restricting public sewer and water service extensions that apply to the service provider rather than restricting the private use of real property are not subject to compensation or waiver under Measure 37. 3. Service providers and the jurisdictions responsible for approving a request for an extension of service are required to comply with these existing regulations that cannot be waived under Measure 37. Agreement: Therefore, due to the potential impact of extending public sewer and water service to new development on rural land,the parties to this MOU agree to: 1. Assure ongoing compliance with existing law by prohibiting: (a) extraterritorial extensions of public sewer or water service outside of the Metro UGB consistent with the Metro Code; (b) extensions of public sewer outside of a UGB not in the Metro area except as otherwise provided under the Oregon Administrative Rules; (c) extensions of public water service to serve new development located on resource land with limited exceptions, as otherwise provided in the Washington County Comprehensive Plan; (d) connections to existing public sewer or water service lines located outside of a UGB designed to serve new development located on resource land except as otherwise provided in the Washington County Comprehensive Plan; 2. Permit reasonable exceptions as allowed by state or other laws including, but not limited to, extensions intended to resolve a public health hazard. 3. Coordinate the planning of future urban services by utilizing the results of Metro's `Shape of the Region' element of the "New Look at Regional Choices", which will help determine the appropriate location(s) for future urban development. Parties to this Agreement. Portland Metropolitan Service District: Washington County: 2 RAFT City of Beaverton City of Sherwood: City of Tualatin: City of Tigard: City of Forest Grove: City of Cornelius: City of Hillsboro: City of Banks: City of North Plains: City of Gaston: City of Wilsonville: Tualatin Valley Water District: Washington County Clean Water Services District 3 Page 1 of 1 Portland Water Bureau Fleet Shifts To Primarily B99 Biodiesel Fuels To Become National Leader to Benefit Economy & Environment: Effective September 26, 2pm Media Advisory Contact: Don Holmes, Portland Water Bureau, 503-823-4724 Date: September 14, 2006 Portland Water Bureau Fleet Shifts to Primarily B99 Biodiesel Fuels to Become National Leader to Benefit Economy & Environment–effective September 26, 2 pm Portland, OR—Effective September 26 the Portland Water Bureau is switching its fleet of diesel- powered vehicles to B99 - a fuel more than 99 percent bio-diesel. CommissionerRandy Leonard invites the media to a 2 pm fill-up of some fleet vehicles on September 26 at 2 pm at the Water Bureau's large vehicle parking lot.* The bureau's diesel-powered fleet has run on B20 (20 percent biodiesel/ 80 percent petroleum diesel) since August, 2004. "This effort makes the Water Bureau's 84-vehicle diesel fleet the largest in the country running on B99," says Commissioner Randy Leonard, "We're doing our part to increase demand for biodiesel which will help to spur the development of Oregon-based production facilities,reduce greenhouse gas emissions, and reduce our reliance on foreign oil." Administrator David Shaff adds, "We've analyzed the fuels and talked to experts on fuels and truck performance. We've tested B99. We expect this change to be almost cost neutral. We're also analyzing performance. The bureau purchases about 100,000 gallons of diesel fuel annually. Diesel vehicles carry stickers saying Powered by Biodiesel." The Water Bureau vehicles converting to B99 (B50 at the Bull Run maintenance yard) are the "workhorses" of municipal public works: backhoes, dump trucks, graders, excavators, water service trucks, welding and crane trucks, pick up trucks, compressors, forklifts, tractors, mowers, generators, work vans,passenger vans and some passenger vehicles. Some older vehicles will remain on B20. *Best directions to the Water Bureau's Interstate large vehicle parking lot: north on Interstate from Broadway,right on Tillamook, right on Kerby Avenue, left on N. Wheeler Place and immediately left into the Water Bureau large-vehicle parking and fill up area. ### To help ensure equal access to City programs,services and activities, the City of Portland will reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. Call 503-823-7510 with such requests. http://www.portlandonline.com/water/index.cfm?print=1&c=dhegj&a=bdaeig 10/23/2006 120 DAYS =N/A DATE OF FILING: 10/13/2006 DATE MAILED: 10/18/2006 • � CITY OF TIGARD TIGAR Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: ZONE CHANGE ANNEXATION(ZCA) 2006-00002 Case Name: CACH CREEK AREA ANNEXATION Applicant/Coordinator's City_ of Tigard 13125 SW Hall Boulevard Tigard.OR 97223 (Multiple Applicants) Name/Address: Owner's Names/Addresses: City of Tigard 13125 SW Hall Boulevard Tigard.OR 97223 Tigard Water District PO Box 23000 Tigard.OR 97281 Ton Dyer PO Box 848 Lake Oswego,OR 97034 Addresses of Properties: 13230 and 13425 SW 154th Avenue:and 15160 SW Sunrise Lane. (Remaininn nan:els have no addresses) Tax Map/Lot Nos.: Washington Co.Tax Assessor's Map No.2S105DB.Tax Lots 400.6100 and 6200: 2S 105DC,Tax Lots 201,300 and 400;2S 105DD,Tax Lots 200 and 300. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION(ORDINANCE NO. 2006-15). THE CITY OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIFS, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE CITY COUNCIL HELD THE PUBLIC HEARING ON THIS ITEM ON SEPTEMBER 26, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST ON OCTOBER 10. 2006. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > Annexation of eight (8) parcels of land totaling 35.78 acres,including right-of-way on SW Sunrise Lane into the City of Tigard. ON OCTOBER 10, 2006, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST(Ordinance No.2006-15). Zones: R-7: Medium-Density Residential District; and R-25: Medium High-Density Residential District. Applicable Review Criteria: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390,Comprehensive Plan Policies 2 and 10;ORS Chapter 222; and Metro Code Chapter 3.09. Action: > 0 Approval as Requested D Approval with Conditions 0 Denial Notice: Notice was published in the newspaper and mailed to: 0 Owners of Record within the Required Distance 0 Affected Government Agencies 0 Interested Parties 0 The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON NOVEMBER 9,2006. f The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision maybe obtained by filing a notice of intent to appeal with the Oregon Land Use Board of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at 503.639.4171. • • - CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2006- ik_ AN ORDINANCE ANNEXING 35.78 ACRES, APPROVING CACH CREEK AREA ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE -DISTRICT, WASHINGTON COUNTY STREET LIGHTING DISTRICT #1, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(b), ORS 277.125, and ORS 222.170(1) and (2) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed;and WHEREAS, the City of Tigard is authorized by ORS 272.120(5) and 277.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to consider the annexation of eight(8) parcels (WCTM 2S105DB,Tax Lots 6100, 6200&400;WCTM 2S105DC,Tax Lots 201,300&400;and WCTM 2S105DD,Tax Lots 200 &300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Roth,including tight-of-way on SW Sunrise Lane and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District; • and WHEREAS, pursuant to ORS 272.520(2) the City is liable to the Water District for certain debt obligations, however,in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 227.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1,and the Washington County Vector Control District on September 26,2006; and WHEREAS, pursuant to ORS 277.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District by Ordinance; and ORDINANCE NO.2006- l3 ZCA2006-00002 Cach Creek Area Annexation Page 1 of 3 }e■rrm► WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony_ at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION t City aiu„cxcs the parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the Washington County Enhanced- Sheriffs Patrol District, Washington County Urban Roads Maintenance District,Washington County Street T ighting District #1, and the Washington County Vector Control District SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council," as amended by the memorandum from Emily Eng, dated October 5, 2006, as findings in support of this decision; a copy of the staff report including the amending memorandum is attached hereto as Exhibit"D"and incorporated herein by this reference. SECTION 3: The Tigard City Council adopts "Supplemental Findings in Support of Cach Creek Area Annexation" as findings in support of this decision. A copy of the Supplemental Findings in Support of the Annexation is attached as Exhibit A to Addendum 1 to the Staff Report and incorporated by this reference. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 5: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance District, Washington County Street Lighting District.#1, and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. ORDINANCE NO.2006- /s ZCA2006-00002 Cach Creek Area Annexation Page 2 of 3 w SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By U n an:I m ous vote of all Council members present after being read by number and title only, this /0 day of C C z'la��J 2006. Cathy Wheatley, City Recorde APPROVED: By Tigard City Council this (51;'A. day of L 2006. —_-- — — , -'Iayst Approved as to form: 1 /01/-0/069 ty Attorney Date • Certified to be a true o the Original on fik at City of = Btu H � '�. 10.13.Ow • Reco ' ,CstyofTi,g.: Date TIGARD ORDINANCE NO.2006-15ZCA2006-00002 Cach Creek Area Annexation Page 3 of 3 EXHIBIT A • • • ANNEXATION DESCRIPTION A ttact of land situated in the Section 5,Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the Northeast Corner of Stanhutst; thence N 00°47'29"E a distance of 1227.67 feet; thence . N 00°47'29"E a distance of 225.00 feet; thence S 88°52'17"E a distance of 341.09 feet; thence S 00°47' 29"W a distance of 225.00 feet; thence N 88°52'17"W a distance of 117.09 feet; thence S 00°11'04"E a . distance of 348.04 feet; thence S 89°12'37"E a distance of 420.08 feet; thence S 01°12'28"W a distance of 615.64 feet; thence N 88°41'47"E a.distance of 356.41 feet to the westerly right-of-way of SW Sunrise Lane; thence along the said westerly right-of-way the following 7 courses; thence N 14°18'07"W distance of 1136 feet; thence N 16°59'53"E a distance of 92.68 feet; thence N 43°18'47"E a distance of 111.75 feet; thence N 04°36'28"E a distance of 155.66 feet; thence N 01°25'58"E a distance of. 111 A. _ _ ° I:' • '" " • t-,-: - • : • ,a::.;.d.,...;,F101.59 A le d.r.cuce N 03°--- 04'06"E,along said westerly right-of-way,a distance of 89.57 feet; thence S 84°55'54"E leaving said 'westerly tight-of-way,a distance of 40.00 feet to the easterly right-of-way of SW Sunrise Lane; thence N.84° 18'39"E a distance of 123.69 feet;thence S 87°13'42"E a distance of 312.82 feet; thence S 01°01'50"W a distance of 304.42 feet; thence N 89°28'08"W a distance of 409.21 feet to the easterly right-of-way of SW Sunrise Lane; thence,along said easterly right-of-way the following 8 courses,S 01°25'58"W a distance of 11.28 feet;thence S 04°36'28"W a distance of 171.82 feet.thence S 43°18'47"W a distance of 116.45 feet; thence S 16°59'53"W a.distance of 72.12 feet thence S 14°18'0i"-E a distance of 184.66 feet;thence S 04°12'11"W a distance of 330.61 feet; thence S 00°35'17"W a distance of 322.91 feet; thence S 00°15' 17"W a distance of 68.92 feet to the northerly right-of-way of SW Sunrise Lan; thence S 89°49'00"E, along said northerly right-of-way,a distance of 237.80 feet; thence S 000 43'00"W,along said northerly right-of-'way,a distance of 20.00 feet, thence S 89°49'00"B,along said northerly right-of-way,a distance of 920.60 feet thence S 00°56'05"W a distance of 20.00 feet;thence N 89°49'00".W a distance of 4.92 feet to the northwest corner of lot 19 Bull Mountain Estates; thence S 00°11'00"W,along the west line of said lot 19,a distance of-15.00 feet to the extension of the southerly tight-of-way of SW Srinrise Lane; thence N 89°49'00"W,along said southerly right-of-way,a distance of 251.37 feet to-the northwest corner of lot 18 Bull Mountain Estates; thence N 00°25'58"E,a distance of 15.00 feet to the northwest comer of Bull Mountain Estates; thence N 89°49'00"W,along southerly tight-of-way of SW Sunrise Lane,a distance of 941.78 feet to the westerly right of gray of SW Sunrise Lane; thence N 00°15'17"E,along said westerly right-of-way,a distance of 109.57 feet; thence N 00°35'17"E,along said westerly right-of-gray,a distance of 175.45 feet; thence N.89°47'37"W a distance of 310.04 feet; thence S 00°31'09"W a distance of 130.19 feet; thence N 89°49'00"W a distance of 284.88 feet;thence S 00°47'38"W1 distance of 155.00 feet; thence N 89°49'00"W a distance of 135.00.feet; thence N 00°47'38"E a distance of 155.00 feet; • thence N 89°49'00"W a distance of 300.00 feet to the easterly line of Stanhurst; thence N 00°47'29"E, along said easterly line,a distance of 510.55 feet to the-point of beginning. Containing 35.78 acres. - ANNEXATION CERTIFIED • REGISTERED PROFESSIONAL BY_v LAND SURVEYOR 0CY0 2 2046 -3' WASHINGTON COUNTY A&T OREGON Jul980 CARTOGRAPHY JOHN r 8. R. HADLEY 1394 - • • • • - EXCEPTING• - A tract of land situated in the Section 5,Township 2 South Range 1 West WRiamette Meridian described as follows: - Commencing at the Northeast Corner of Stanhutst; thence N 00°47'29"E a distance of 262.71 feet; thence S 89°10'59"E a distance of 624.11 feet; thence Sol°05'50"W 10.03 feet; thenceN 88°41'59"E a. distance of 217.00 feet to The True Point of Beginning; thence S 05°00'48"E a distance of 227.46 feet; -thence S 05°07'52"W a distance of 115.66 feet; thence S 89°49'00"E a distance of 181.95 feet;to the westerly right of way of SW Sunrise Lane; thence N 04°12'11"E,_along the westerly right-of-way.of SW. Sunrise Tani',a distance of 183.76 feet thence N 14°18'07"W, along the westerly right-of-way of SW • - Sunrise Lane,a distance of 168.15 feet; thence S 88°41'59"W a distance of 163.44 feet to the true point of . 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OCT 0 I20015; ‹" ' 1 '/44 • • ' r • y " I : .41 ' r ,: , • : .• x:v. .,, WASHINGTONCOURT/A&T, „ ,: gi : 074 CARTOGRAPHY . .. . • • ''":.:^•.•.. :>:„1'•,.,••. . • , - •% •'•••-•'-' . • •,--1r--., Assessment . • • .„. .• „fp c,,, „:•:„:-',„:,.,:..;..,:•:.„:" . . w i Agr/:•: y.:... t ,....... . 1 ..,,, IR• , .,,, . , ...".A.. .\ - '..s: ' • . XV%4:1 X.'... T•ct x al I qn •:, x-A .:. .:::*:.r.)::::<.,••.,:•. :,,,.:.e.,:,. . , • ,, .....":,?•2. V3: • ' > : % '-"".....%,../1 PLOT DATE:September OS,2008 q"••••', r.;.:•:: ••:.;;;.;•c,•.•-•;.,:•:.,:-',...,v,_ . . . < 1..,-.4......',..'•=7.Y FOR ASSESSMENT 4171,0ES . 4 ..4.,.:.,.:,..61.•: ONLiongipil 4. OIN .. 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(1111'N,4,4 •,, . • i IL 11 . _....... . • Y#111 Clt* 1 1__ 1 ie. . . 1.46,; . 1 i : 1 sil , 7 , .. , II- NA 1... 1p . • a?, alai _ AIN I 1 i 00 — 7 TIGARD I ----- shl Dun'et""ild bottflonedthwithig onlynvihPeisDerlogepmenerantiftSeirtriessondion. 13125 SW HO Blvd . .t. • 1 i Ili 1111111 111111111111 I fillill.... 1111.11111 ' — n/ /'..... ...,mu,. Toon(OR 07223 (503)S39•4171 htlplAwnktci.00•Isior us — — ,,MI 1 _ . . Plot date:Oct 6,2006;O:\magic\MAGIC03.APR •,.,..,,, ...,- • • t ► � EXHI E- ‘ Agenda Item: 44, ` � �- Hearing Date: September 26.2006 Time: 7:30 P STAFREPORT TO THE • .POR.TI E IT" ( r IGA D; GO • TIGARD 120 DAYS =N/A SECTION I. - APPLICATION SUMMARY FILE NAME CACH tAkt r"is AREA ANNEXATION CASE NOS: . Zone Change Annexation(ZCA) ZCA2006-00002 APPLICANT/ COORDINATOR City of T: • OWNER: (Multiple Contact . St Amand Contact,T'�rd cants : 13125 SW Hall Blvd. Contact Dennis Kndlemnei+cc )' Tigard,OR 97223 - 13125 SW Hall Blvd. Tigard,OR 97223 OWNER: Ttatd Water District OWNER: Jon Dyer PO Box 23000 PO Boz 848 Tigard,OR 97223 take Oswego,OR 97304 OWNER: Sun Ridge Buldets,Inc/ Brentwood Homes Contact John Noffz 15170 SW Finis Lane Tigard,OR 97224 PROPOSAL: The applicant is requesting annexation of-twelve--(42) eleven (11)parcels and the Sunrise Lane right-of-way containing 4}:41. a total of40.93 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of.SW Bull Mountain • Road, including right-of-way on SW Sunrise Lane; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100,& 400; DITCTM 2S108AB,Tax Lots 1200 &1201;WCTM 2S105DC,Tax Lots 100,201,300&400; and WCfl L 2S105DD,Tax Lots 200&300. - CURRENT ZONING DESIGNATION: R-6 District(Residential 6 Units Per Acre).The purpose of the Washington County R-6 District is to implement the polities of the Comprehensive Plan for areas designated for residential development at no more than six(6)units per acre and no less than five(5)units per acre,except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in . development than is allowed in the R-5 District - • CACH CREEK AREA ANNEXATION ZCA2006-00002 .,.— _ -- ._ • • EQUIVALENT CITY ZONING DESIGNATION: R-7:Medium Density Residential District The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes,detached single-fo nily homes with or without accessory residential unite,at a minimum lot size of 5,000 square feet,and duplexes,at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally. APPLICABLE vw CRITERIA: ORS Chapter 222,Metro Code Chapter 3.09, • •• •rehensive Plan Policies 2 and 10, Community Development Code Chapters 18320 • • 18390. SECTION II. STAFF RECONMENDATION. - 4- .r ``'.�•^<a,.�`'."v'..Rf Y •ti+_a. -.�-�' v S'_,2s�_,�.+..�_�+- ''r�.� _ 1 ` :s *;477 ��, .� _ � • SECTION III. BACKGROUND INFORMATION Site Information; The subject site is located along the western boundary of the City of Tigard; the majority of Sunrise Lane is contiguous to the City limits.The site is part of unincorporated Bull Mountain and the City of Tigard's Urban Service Area. The subject site is predominantly in public ownership and is either currently used for public purposes or will be in the future.The City intends to use the publicly owned land for the purposes of a reservoir and • parkland. The Menlor Reservoir provides public water storage facilities for the Tigard Water District The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: The Ciy of Tigard Water Distribution S•yrtcm H,ydrwrEc Study (May 2000) shows a future 550'-elevation-zone _ Reservoir#1 located on City-owned land adjacent to Sunrise Lane. - The subject site also includes residential land(vacant and in current use).There are four primary structures located on the subject site: the Menlor Reservoir and three homes. The City approved a lot line adjustment (NIIS2006-00012) for 2S105DC, Tax Lot 100 on July 7, 2006. The two southernmost residential parcels (2S108A:B,Tax Lots 1200 and 1201)are currently under development review;the owner has submitted separately a land use application for a•17-lot subdivision with a total of 30 dwelling units (SUB2006-00003). The application was submitted to the City on January 31, 2006 when the,City stillprovided development services to the Urban Service Area as agreed in the Washington County—Tigard Urban Services Intergovernmental.Agrrement(terminated Jury 20, 2006). This application is a separate land-use decision with its own set of review criteria and will not be addressed-in this report. The majority of the subject site contains steep slopes,defined as 25% slope or greater.The City of Tigard • Community Development Code requires Sensitive Lands permits for development on parcels with steep CACH CREEK AREA ANNEXATION ZCA2006-00002 PAGE 2 OF 12 • • t • • - slopes. These are two wetlands designated as Title 3 wetlands in the subject area. Goal. 5 and Bull . Mountain Community Plan natural resources exist on a majority or portions of the subject tax,lots, protection for which will be considered if or when any of the proposed-territory develops. SECTION W. APPLICABLE rt.v1nW CRITERIA. FINDINGS AND CONCLUSIONS State:ORS Chapter 222 Regional Metro Code Chapttt 3.09 City: Comprehensive Plan.Policies 2 and 10,Community Development Code Chapters 18320 and 18390. A.Ci!i i,r-trtze►riur CC‘.•Attituegil.t flnvni.urMrty i �.QDE CLIME 1151 Staff has determined that the proposal is consistent with the selevant portions of the Community Development Code based on the f ulk wing findings: L Chapter 18320,020: .Approval Process and Standards. B.Approval Criteria.The decision to approve,approve with modification,or deny an application to annex property to the City shall be based on the following criteria: L All services and facilities are available to the area and have sufficient capacity to provide-service for the proposed annexation area;and The City-of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water,sewer,drainage,streets,police,and fire protection.Each service is addressed below- Policy elowPolicy 10.1.1 further defines capacity as"adequate capacity,or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not cignificantly reduce the level of services available to developed and undeveloped land in the City of Tigard." - The proposed annexation territory is currently zoned R-6,a Washington County residential zone - designated for residential development at no more than six(6) units per acre and no less than five (5)units per acre.With annexation,the subject site's zoning would change to R-7 per Table 320.1 (Title 18).This equivalent city zoning provides for medium-density,single-family residential with a minimum.residential lot size of 5,000 square feet. As noted earlier,the subject site's current and planned uses are mostly public water provision and. a natural area. The property deeds for certain parcels limit the City to these two uses. If the remaining 9.14 residential acres were developed to their designated capacity of 7 units per gross acre,without allowance for the sensitive lands present;the sites could accommodate approximately 63 units total. This gross calculation breaks down as follows: two northeast parcels (Dyer), 21 units;two southwest parcels (Brentwood),42 units. • These figures were used for City department evaluations of Policy 10.1.1 of the available services. When these sites develop,the applicant will be required to connect to public service facilities.The land-use review process will identify specific service provisions and require additional'facilities or upgrades as appropriate,as well as consider the sensitive lands present Water - City of Tigard Public Works. The City of Tigard's water system has the capacity to provide the minimum State of Oregon water service requirements for the proposed annexation, CACH CREEK AREA ANNEXATION • ZCA2006-00002 . PAGE 3 OF 12 111111.11110 } • according to Public Works Dept Project Engineer Rob Murchison.Murchison's review concluded that the parcels developed to the most intense use allowed will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Attachment A includes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation area that identifies area water lines.Murchison's memo also-notes that the proposed development (Brentwood) may require capsizing and a 8" connection to the existing system; again, that application is a separate land--use decision with its own set of review criteria and will not be addressed in this report The land-use.review process will identify specific service provisions and require additional facilities or upgrades as appropriate based on the specific development proposal Tigard City Engineer Gus Dumas further confirms that the City has adequate capacity - ("Memorandum,"Attachment B)and states that the City has theability and capacity to determine what specific improvements maybe needed and the ability and capacity to provide service through • -- its existing•,system and any additional i-lt� ^ ,re that will be required when development occurs-" . Sewer --. Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum,"Attachment B)reviewed the proposal and provided the following comments "Sanitary sewer service is provided at the retail level by the City and at the whok abr level by Clean Water.Services (CWS). As to the capacity of the City's systems the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and undeveloped properties in the City.As with the water system,some local lines will be xr_giuired to be provided by the developer at the time of the development The City is prepared to accept; operate and r intsin public sewers constructed within the annexed area. Sewer service can be extended from CWS facilities in Menlor lane and 1546 Avenue located north of the site. The City is capable oftt:limn'g what additional facilities will be required and-of administering all portions of the retail sanitary sewer system,both existing and future additions in the area to be annexed,without significant reduction in the level of services provided to properties in the City." Drainage — Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum,"Attachment B)reviewed the proposal and provided the following comments: "Storm drainage service,hie sanitary sewer service,is provided jointly by the City and CWS..Site specific drainage facilities will be required at the time of development and'will be developed and constructed in accordance with City standards. The retail system as the capacity to provide adequate storm drainage without significant reduction in the level of services provided to developed and undeveloped properties in the City." Streets — City of Tigard Capital Construction & Transportation Division. The City's - Transportation System Plan (ISP) standards apply.The proposed annexation territory is located adjacent to Sunrise Lane,which is designated a neighborhood route in the City's Transportation System.Plan (ISP). In addition, the southernmost portion of the proposed annexation territory (WCTM 2S108AB01201) fronts directly on SW Bull Mountain Road, which the City's TSP designates as a collector.Additional roads to serve the proposed annexation territory.indtide 150k Avenue, Roshak Road, 154th Avenue, and other surrounding streets. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that some improvements to these streets may be required as part of the development of the annexed area, including extension of existing streets into the area. However, Duenas determined that the CACH CREEK AREA ANNEXATION ZCA2006-00002 PAGE 4 OF 12 • City can provide services to this site, and "doing so will not significantly reduce the level of services to developed and undeveloped land within the City of Tigard." • Police — City of Tigard Police Department The City of Tigard's Police Department has reviewed the annexation proposal and stated that the proposed annexation would not impede current levels of service to existing developed and undeveloped areas in the City of Tigard. If the area is annexed,Tigard Police can provide adequate services to the proposed area (Attachment C). Fire— Tualatin Valley Fire and Rescue (TVF&R). Tualatin Valley Fire and Rescue (TVF&R) already serves the proposed annexation territory. Additionally, TVF&R reviews all subdivision development proposals and annexation proposals for'the City of Tigard and would provide additional comments at that time. Based von this review. staff finds that all public services (as defined by the Comprehensive Plan), are available to the oronosed annexation territory and all public services have sufficient can acity to provide service to the Pzonosed annexation territory. satisfied..Thaplicable Comprehensive Plan policies and implementing ordinance provisions have been _ Three Comprehensive Plan policies apply to proposed annexation:2.1.1, 10.1.1.,and 10.12 Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.1.1 Citizen Involvement The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases • of the planning process. - The City maintains an ongoing citizen involvement program.To assure citizens will be provided an opportunity to be involved in all phases of the planning process,the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center;.and in the general vicinity of the proposed • territory on SW Sunrise Lane and on SW Bull Mountain Road near SW'Roshak Road. The City published notice of the hearing in The Tigard Tualatin Sherwood Timer for two successive weeks -(September 7,2006 and September 14,2006) prior to the September 26,2006,public hearing.The City also mailed notice to all interested parties and surrounding property owners within 500 feet on August 7,2006. In addition,the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on August 7,2006,which includes former Citizen Involvement Team contacts and CPO 4B, the citizen participationorganization for the area.Staff finds that this Policy is met, Policy 10.1.1:Urbanization,Prior to the annexation of land to the City of Tigard, a)the City shall review each of the following services as to adequate capacity,or such services to be made available,to serve the parcel if developed to the most intense use allowed,and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard:L Water,2.Sewer,3.Drainage;4.Streets;5.Police;and 6.Fire Protection. • As addressed under 18.320.020 above,adequate service is available to the proposed annexation CACH CREEK ARF.AANNEXATION ZCA2006-00002 PAGE 5 OF 12 • territory.Upon annexation, the proposed territory will be zoned R.7,a medium-density single- fatnily residential zone with a minimum residential lot size of 5,000 square feet The privately owned properties have an estimated maximum density of 63 units(not taking into account sensitive lands).' If they develop,,the developer(s)will be required to connect the properties to public service facilities,such as sewer,storm drainage and water,and provide the necessary street improvements. Based on comments from City of Tigard staff;there is adequate capacity toServe the annexation area(water,sewer,drainage,streets,police,fire protection)if developed to the most intense use allowed,and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's was=system can provide the minimum State of Oregon water service requirements uji a density permitted. Public Works states that water is available in quantity and quality and has not indicated that there would be a reduction in its capacity to provide water to the proposed annexation territory or reduce the level of service'to the entire City The Police Department reviewed the proposal and has no objections. The Engineering Department reviewed the proposal:and has no objections. The-Engineering Department confirmed that-sewer service,storm drainage and-street access are available to the site. Tualatin Valley Fire and Rescue(TVF&R),the current providet to the proposed territory,did not raise any objections. Staff concludes that there is adequate caoacity to serve the proposed territory (water.sewer.drainage,streets,pofice,fire protection)if developed to the most intense use allowed.and will not sivnificantdy reduce the level of services available to developed and undeveloped land within the City of Tigard. b)If required by an adopted capital improvements program ordinance,the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following:1.The formation of a local improvement district(LLD)for any of the following services that could be provided through such a district The extension or improvement of the following:a)Water,b) Sewer,c)Drainage,and d)Streets.2.The formation of a special district for any of the above . services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply.No capital improvements program requires a nonremonstrance agreement for this area.Some urban services are already available for the proposed annexation territory;others are available nearby and would require connections froth the proposed annexation area.However,these public facility requirements will be assigned as part of any subdivision review when an application is submitted. c)The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The Tigard Urban Planning Area(as defined in the Washington County—Tigard Urban Planning Arra Agreement(UPAA Duly 2006);see Attachment D of application submittal)includes the proposed annexation territory.The City is the designated urban services provider for the services defined in the Tigard Urban Service Agreement(I'USA)(2002)and subsequent operating agreements: police; parks,recreation and open space;roads and streets;sanitary sewer and storm water(through an operating agreement with Clean Water Services);and water service.Upon annexation,those- services will be provided according to the City's current policies. Staff finds that this tolicy is met. Maximum density was calculated using formula provided in Code Chapter 18.715. CACH CREEK AREA ANNEXATION ZCA2006-00002 PAGE 6 OF 12 dJI • 1 • Policy 10.1.2:Urbanization.Approval of proposed annexations of land by the City shall be based on findings with respect to the following.a)The annexation eliminates an existing"pocket"or "island".of unincorporated territory;or,b)The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City;c)The Police Department has commented upon the annexation;d)the land is located within the Tigard Area of Interest and is contiguous.to the City boundary;e)The annexation can be accommodated by the services listed in 10.L1(a). • a) The proposed annexation does not-elimnatr an existing pocket or island of unincorporated territory.It does remove portions of an existing pocket("Dyer'property)and would incorporate City-owned land and publicly owned land that provides Tigard residents with public services. }} • \Y t.• r • . • _ _ -� _.�..,...�.:i.r r illi.LlYLLVLW VWLLIJd�L1J�a,LLa • ' zoned for residential development.The remaining acreage consists of land in public ownership for public services,including land for the public water system and a natural area,which require limited services.The City of Tigard Police Department has reviewed the proposed annexation and has no objections.The department stated(Attachment C)that"the proposed boundary for the annexation does not appear to present any obstacles for emergency response by the Police Department."It should also be noted here that the owners of three adjacent properties on Sunrise Lane have the desue to join this proposed annexation(15180,14625,and 15110 SW Sunrise Lane);the annexation of those additional r —::es would eliminate. additional-pockets and create a more regular boundary.However,the current proposal does not include those properties. c) As shown in B.above,the City of Tigard Police Department has-commented on the annexation.. d) The UPAA 04 2006)includes the proposed annexation territory within Tigard's Area of Interest.The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. e) Lastly,as section 10.1.1.(a)demonstrated,the annexation can be accommodated-by the following services:water,sewer,drainage;streets;police;and fire protection. Therefore, staff finds that the prowsed annexation meets Policy 10.1.2. • Policy 10.23:Urbanization Upon annexation of land into the City which carries a Washington County zoning designation,the City of Tigard shall assign the Catty of Tigard zoning district designation which most closely conforms to the county zoning designation. - Chapter 18.320.020 C of the Community Development Code provides specifics on this conversion. The proposed annexation territory's Washington County designation is R-6.Table 320.1 summarizes the conversion of the County's plan and zoning designations;R-6 County zoning converts to the City's R-7 zoning.As this is a Zone Change Annexation(ZCA) application,upon approval and execution of the proposed annexation,the territory will assume R-7 zoning to conform with the table below. Additionally,the City's Comprehensive Plan designation for medium density residential will be applied to this area. • CACH CREEK AREA ANNEXATION . ZCA2006-00002 v Af'v I nc • • • • TABLE 320.1 • - CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGNATIONS • Washington County Land Use City of Tigard Zoning City otnigacd Dishicts/Ptan Designation Plan Designa6oa • . R-5 Res.5 anitsracre R-tS SFR 7.500 sq.It Low density 1-S nnits/aae • I ' R-6 Res.6 units/acre R-7 SFR 5,000 sq.R. -Med.density 6-12 nnits/aae -- . R-9 Ries 9 noits/acte i-t2 MnItt family 12 ffiitsl.az Med density 6-12 naits/we R-12-Rem I2 aeitslaae R--12 Matti-lenity 12 nnitsiaae Me&density 6-12 mtits/aae R-15 Res.15 mins/sae R-25 liolti-family 25 unitstacre Methentaigh density 13-25 R-24 Res.24units/acres R-25 Maki-5 n11y 25 mmcs/acre Marmorrlfrah density 13-25 Office Commercial. C-P Caumeayal Protiessioaai CP Commas nal Pro6essiena1 NC Neighborhood Commercial til N_b:A. !.,1 Commercial CNNeiglabarbood Cowl CSD Commercial Busmen CSD Caemnereial Business CBD Commercial Business District' District Dish:Mt GC General Commercial CO General Commercial Co General Commercial • IND Industrial T-L Light industrial Light 7ndosftiain ChaDtcr 18320.020 -C.Assignment of comprehensive plan and zoning designations. The comprehensive plan-designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's o t County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert-the County's comprehensive plan-map and zoning designations to the City designations which are the most similar.A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380).A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district The proposed territory is currently It-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than.R.J. City of Tigard Community Development Code 2.Chanter 18390.060:Tvoe IV Procedure Annexations are processed by means of a Type IV procedure,as governed by Chapter 18.390 of the Community Development Code(title 18)using standards of approval contained in 18.390.020(B),which were addressed in the previous section.Chapter 18390 requires City Council to hold a hearing°had annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice;the City mailed notice on August 7,2006,and published public notice in The Tigard Tualatin Sherwood rues for two successive weeks (September 7,2006,and September 14,2006,)prior to the September 26,2006,public hearing. • CACIH CREEK AREA ANNEXATION ZCA2006-00002 PAGE 8 OF 12 • .t Additionally,Chapter 18390.060 sets forth five decision-malting considerations for a Type IV decision: 1.The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation-proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state phoning goals. 2.Any federal or state statutes or regulations found applicable, • -ORS 222: State law(ORS 279120(4)(6),ORS 222.125,ORS 222.170(1)and(2))allows for a city to annex contiguous - territory when owners u s.�.-... i... u;v C• . ••. . -• -•... .. . of the city. ORS 777120 requires the city to hold a public hearing before its legislative body(City Council)) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing,in a newspaper of general circulation in the city,and shall cause notices of the heating to be posted in four public places in the city for a like period. The property owners (or their representatives) of all 11 parcels have submitted signed petitions for annexation to the City. The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. The City published public notice in The Tigard Trrdlaka Sbernaod Mier for two successive weeks (September 7,2006,and September 14,2006,)prior to the September 26,2006,public hearing and posted the hearing notice at four public places on August 11, 2006:Tigard Library,Tigard City Hall,Tigard Permit Center, and in the general vicinity of the proposed territory.Staff finds that the provisions of ORS 222 have been met 3.Any applicable METRO regulations; Chapter 3.09 of the Metro Code(Local Government Boundary Changes)inchldes standards to be addressed in annexation decisions,in addition to local and state review standards.Note that the report is available 15 days before the heating(September 11,2006,for an September 26,2006,hearing).Staff has determined that the applicable METRO teeulations(Metro Code 3.09.040(M&(cln have been met based on the following:findings: Metro 3.09.040 (bl. (b)Not later than 15 days prior to the date set fora change decision,the approving entity shall make available to-the public a report that addresses the criteria in subsections(d)and(g)below,and that includes at a minimum the following: (1)The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report,urban services are available to the affected territory. (2)A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 198.065 between the affected entity and all necessary parties; As addressed previously in this report,the annexation proposal complies with all applicable provisions of urban service provider agreements,UPAA(2006);and TWA(2002). • CACH CREEK AREA ANNEXATION ZCA2006-00002 - PAGE 9 OF 12 { 1 (3)A description of how the proposed boundary change is consistent with the comprehensive land use plans,public facility plans,regional framework and functional plans,regional urban growth goals and objectives,urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report,the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements{UPAA (2006)and TUSA(2002).The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions.There ate no specific applicable standards or criteria for boundaty changes in the Regional Framework Plan or the Urban Growth Management Functional Phar However,the City's Compzehensive Plan and Development Code have been amended to comply with Metro fimctional plan requirements. By complying with the Development Code and Comprehensive_ Plan,the annexation is consistent with the Functional Plan and.the Regional Framework Plan.. (4)Whether the proposed boundary change will result in the withdrawal of the affected territory - from the legal bouindary of any necessary party;and The proposed territory will remain within Washington County but will be required to be withdrawn from the boundary of the Tigard Water District,the Washington County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance District,Washington County Street Lighting District#1,and the Washington County Vector Control District upon completion of the annexation_ (5)The proposed effective date of the decision. The public hearing will take place September 26, 2006_If the Council adopts findings to approve ZCA2006-00002,the effective date of the annexation will be October 26,2006. Metro Code 5.09.044(d). _ (d)An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1.Consistency with direcdy applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195_065; As addressed previously in this application,die annexation proposal complies with all applicable provisions of urban service provider agreements(UPAA(2006)and the TUSA(2002)).The TUSA includes the proposed annexation territory.The agreement states that the County and City be o..YY .�I.. of annexations to the City,and the City shall endeavor to annex the Buil Mountain area in the near to mid-term(by 2005-2007,as projected in the TUSA).The proposed annexation is in the Bull Mountain Area and is contiguous to citylienit.. Therefore.the proposed annexation is consistent with these agreements. • Z Consistency with directly applicable provisions of urban planning or other agreements,other than agreements adopted pursuant to ORS 195.065,between the affected entity and a necessary pa , The UPAA(2006)includes the proposed annexation territory.The City has followed all processing and notice requirements in the UPAA,providing Washington County with 45-day notice prior to the public hearing.The agreement states that"so that all properties within the Tigard Urban Service Area will be served by the City,the County and City will be supportive of annexations to CACH CREEK AREA ANNEXATION ZCA2006-00002 PAGE 10 OF 12 • • the City."The City also provided notice to the affected CPO(CPO 4B)per the agreement The annexation proposal is consistent with this agreement 3.Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report,this proposal meets all applicable City of Tigard Comprehensive Plan provisions This criterion is satisfied. 4.Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b).By complying with the City of T'>gaard - Community Development Code and Comprehensive Plan,the annexation is consistent with the Functional Plan and the Regional Framework Plan. _ _ 5.Whether the proposed change will promote or not interfere with the timely,orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provision of public fictlities or services because it is consistent with the terms of the IUSA(2002),which ensures the timely,orderly,and efficient extension of public facilities and urban services;it is contiguous to existing city limits and services;and lastly,urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels 6.The territory lies within the Urban Growth Boundary;and The proposed territory is within Metro's Urban Growth Boundary. 7.Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections,this report review ed the proposes consistency with other applicable criteria and found it to be consistent • (Tigard CDC 19390.060) • 4.Any applicable comprehensive plan policies;and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets,all applicable comprehensive plan poliries- 5.Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapteil 8 of the City Code will apply to development of the property. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works, Engineering and Police Departments have reviewed the-proposal and have no objections to it and have not indicated that the proposed annexation would reduce their capacity .CACI-CREEK AREA ANNEXATION • • ZCA2006-00002 PAGE 11 OF 12 ' • .1 to provide services to the proposed annexation territory or reduce the level of City services. Full • comments are provided in the attachments listed below. Attachment A:"Memorandum,"from Rob Murchison,Public Works Dept.Project Engineer Attachment B:"Memorandum,"from Gus Duenas,Engineering Division Attachment C:E-mail from.jim.Wolf,Tigard Poke Department SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the annexation proposal and has no objections,comments or conditions. _mar' 131 AREpaii00,%Di • 'DATE Assistanalanner • REVIEWED BY: ."r‘offee DATE Community Development Director CACH CREEK AREA ANNEXATION ZCA2006-00002 PAGE 12 OF 12 ADDENDUM I MEMORANDUM q TIGARD TO: Mayor Dirksert,City.Council CC: Craig Prosser,Toni Coffee,Dick Bewersdorff FROM: Emily Eng RE: ZCA2006-00002 Cach Creek Area Annexation DATE: _ October 5 2006 _ This memo identifies changes to the Cach Creek Arra Annexation Proposal On September 25,2006,applicant John Noffz of Sun Ridge Builders,withdrew the Brentwood Estates property(Washington County Tax Map 2S108AB,Tax Lots 1200 and 1201),changing the original proposal. In addition,one tax lot number(2S105DC,Tax Lot 100)has been removed because it doesn't exist and was incorrectly shown on the tax map. City Council held a public hearing for the annexation on September 26,2006 and decided to continue the hearing on October 10,2006 and leave the record open.for additional information and public comment The supplemental exhibits below have been attached to this memo: Supplemental F.xh bit A:Supplemental Findings in Support of the Cach Creek Area Annexation Supplemental Exhibit B:Additional Information and Public Comments Submitted to the Record Supplemental Exhibit C:Assessed Value of Properties to be Annexed The following changes apply to the Staff Report Page l • • Sun Ridge Builders should be removed as an applicant and owner. • Under proposal,"Eleven(11)parcels" should be changed to"Fight(8)parcels." Total acreage should be changed from 40.93 acres to 35.78 acres. (At the hearing,I estimated that the total revised acreage was 34.82,but after re-surveying the site,it is 35.78.) • Under location,the withdrawn parcels (Washington County Tax Map 2S108AB,Tax Lots 1200 and 1201)should be deleted. In addition,Washington County Tax Map 2S1105DC,Tax Lot 100 should be deleted. These were included as a result of a tax map error. • Under current zoning designation,the County designation R-15 should be added ._ because two of the City-owned properties are zoned R-15.. • Under equivalent zoning designation,the City designation R-25 should be added because that is the zone that most closely refects the County R-15 designation. Page 2 • Second paragraph from the bottom,the three sentences regarding the two Brentwood parcels should be deleted. Page 3 • Third paragraph from the bottom, maximum density of the privately-owned property should be calculated based on a total of 3.03 acres instead of 9.14 acres. Therefore,the estimated maximum residential units is approximately 21 and not 63, not talking into account sensitive lands. Page 4 • First paragraph,concerning Public Works'comments on water,the sentence regarding the Brentwood parcels should be deleted. • Last paragraph,third sentence from top should be deleted because it relates to the Brentwood parcels. Concerning roads that serve the proposed_annexation territory in the next sentence,"Roshak Road"should be deleted because it relates to the Brentwood parcels. Page 6 • First paragraph,second full sentence,the estimated density should be residential 21 units for the privately-owned property and not 63 units. • First paragraph,last sentence states,`Based on comments from City of Tigard staff, there is adequate capacity to serve the annexation area(water,sewer,drainage, streets,police,fire protection) if developed to the most intense use allowed,and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard." City staff reviewed the proposal when the estimated maximum density was 63 acres;therefore,because the maximum density is now 21 residential units,the City's assessment of adequate capacity overestimates the burden of the annexation on City services. In either case,whether 63 or 21 units,the City has adequate capacity to serve the proposed annexation territory. • Second paragraph from top states,"The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory based on the maximum density permitted." The maximum density referred to was 63 units;however,it is now 21. Page 7 • In response"b," the privately owned acreage should be changed from 9.14 acres to 3.03. • Bottom paragraph should be deleted and replaced with"Upon approval and execution of the proposed annexation,the territory will assume zoning to conform to the table below. In addition,the City's Comprehensive Plan designation will be applied to this area." Page8 • Response to"C"should be deleted and replaced with"Six parcels in the proposed- territory are currently zoned Washington County R-6 and two parcels are zoned Washington County R-15. Upon annexation,the six parcels will automatically become City of Tigard R-7 and the two parcels will become City of Tigard R-25." mk. Page 9 • Under the response to#2,"property owners of all 11 parcels" should be changed to "property owners of all 8 parcels." Page 10 • The response to#5 states,"The public hearing will take place September 26,2006.If the Council adopts findings to approve ZCA2006-00002,the effective date of the annexation will be October 26,2006." However,the public hearing is being continued on October 10,2006. If the Council adopts the ordinance approving ZCA2006-00002,the effective date of the annexation would be November 10,2006. - - - - - - - • • Supplemental EXHIBIT A SUPPLEMENTAL FINDINGS IN SUPPORT OF THE CACH CREEK AREA ANNEXATION • 1. The City Council held a duly noticed public hearing on September 26,2006,consistent with ORS 222.120,to consider this annexation proposal. The City allowed written comments concerning the proposed annexation to be submitted before,during and for a period of seven days after the hearing. The Council also received oral comments at the • hearing. 2. The notice of the hearing proposed annexation of property owned by the City of Tigard, the Tigard Water District,the Trust for Public Land,Brentwood Homes,and Jon Dyer. - The Trust.for Public Lands and Brentwood Homes have indicated that they no longer wish their property to be included in the proposed annexation.City staff has proposed that COI .,f Ti ,a,1,it Tisa 1 Water District,and Jon Dyer. The Council agrees that the annexation should be and is limited to the properties owned by the City of Tigard,the Tigard Water District,and Jon Dyer. The legal description and a map of the properties being annexed are included in the ordinance as Exhibits A and B. 3. The City has written consents to annexation signed by a duly authorized official of the City of Tigard and by Jon Dyer. It also has a petition for and consent to annexation signed by a duly authorized official of the Intergovernmental Water Board(IWB)that covers the property owned by the Tigard Water District. The IWB consent reflects a vote by the IWB to petition for and consent to the annexation. The Council finds that the Intergovernmental Water Board has authority to act for the Tigard Water District and other members of the IWB as to the property proposed for annexation and properly exercised that authority in signing the petition for and consent to annexation. The record includes a letter from King City,a member of the IWB,expressly agreeing with the consent to annexation,and written minutes of the IWB meeting showing the City of Durham's vote in favor of the consent and statements in support of consent by Durham's representative. The minutes show that the Tigard Water District representative abstained from voting and did not oppose the action of the IWB in consenting to the annexation. No one has claimed that the IWB lacked authority to act on behalf of the Tigard Water District 4. Under ORS 222.170(4),property that is publicly owned is not considered when determining the number of owners,the area of land,or assessed valuation unless the owner of the property files a statement consenting to or opposing annexation. Washington County has not submitted to the City a statement consenting to or opposing the annexation,so County roads and rights-of-way that are within the area proposed for annexation are not considered in determining whether the City has sufficient consents. 5. The City has the written consent of all of the owners of property proposed to be included in the annexation. There are no registered voters in the area proposed for annexation. The City therefore may proceed with annexation without a vote in the territory to be-• annexed under ORS 222.125 (consent of all the owners and at least 50 percent of voters, 1 Mr► if any),ORS 222.170(1)(consent of half the owners of half the land with half the assessed value,and ORS 222.170(2)(consent of a majority of the electors and owners of half the property). 6. Even if the consent for the property owned by the Tigard Water District is not counted, the City has sufficient consents to proceed with the annexation without an election in the territory to be annexed under both ORS 222.1'70(1)and 222.170(2). The property owned by the City of Tigard and Jon Dyer totals 21.04 acres,more than half of the total net area of 32.07 acres. The City and Mr.Dyer are two of three owners—more than half of the owners. The total assessed value of the property owned by the City and Mr.Dyer is $970,more than half of$970,which is the total assessed value of all the total net property value in the area proposed for annexation. Because there are no resident voters in the area_jhe_number of voters does not need to he ennsidereii miller ORS 717 1744_ The City takes official notice of the assessed values for the properties as listed by - Washington County. The City notes that the market value for the Tigard Water District property,as established by Washington County,is$1,316,700,which is less than half the total market value of 3,582,850 of all the properties in the area to be annexed. - Findings Addressing Comments Received 7. The City received written comments from Karen and John Molloy,Lisa Hamilton Treick, Richard A.Franzke,Michael Orth,and Lawrence R.Derr in opposition to the opposed annexation. The City also received inquiries from other property owners as to the possibility of including their properties in the annexation. At the September 26,2006, hearing,Ms.Hamilton Treick and Kinton Fowler testified in opposition to the proposed annexation,and Linda Walsh offered testimony that could be considered critical of the annexation_ 8. On August 8,2006,the Washington County Board of Commissioners called an election on the proposed incorporation of the City of Bull.Mountain. The area proposed for annexation is within the area proposed to be included within the proposed City of Bull Mountain. The City has concluded,on advice of its City Attorney,that it cannot process petitions for annexation received after the time the proposed incorporation was referred to the voters. Therefore,it is including in the proposed annexation only properties for which it received a petition for and consent to annexation prior to August 8,2006 and is not adding any properties to the proposed annexation territory. The City received petitions for annexation for all properties included in the proposed annexation prior to August 8,2006. Findings Relating To Comments Submitted by Lawrence R.Derr 9. Lawrence R.Derr submitted written comments on October 3,2006,on behalf of Lisa Hamilton-Treick. Mr.Derr argues that the City cannot proceed with the annexation because the area proposed for annexation is within the area of the proposed City'of Bull Mountain. Mr.Derr argues that the"City has taken no actions to initiate this annexation 2 that are prior in time to the annexation procedures." The City concludes that the relevant date for an incorporation proceeding is the date that the County acts to place the matter on the ballot. Landis v. City of Roseburg,243 Or 44,411 P2d 282(1966). The City further concludes that the relevant date for annexations is the date that the petitions are filed with the City. ORS 222.111(2). This annexation was initiated no later than August 4,2006,when the last of the petitions,that of Mr.Dyer,was received by the City. August 4,2006,was before August 8,2006,when the County Board acted, so the City may proceed with the annexation,not withstanding the actions to incorporate the City of- Bull Mountain. 10. Mr.Derr arguesthat the annexation is in violation of Metro Code Section 3.09.040(a)(1) because the City lacks jurisdiction. The City has jurisdiction,based on the filing of the Code Section 3.09.050(3X5)because the annexation is not consistent with the orderly provision of public facilities and services because it is in competition with the proposed Bull Mountain incorporation. The annexation will provide for the orderly provision of public facilities and services by allowing Tigard services to be provided in the area to be annexed and would also provide for the orderly provision of parks and water services, given that the properties owned by the City of Tigard and the Tigard Water District are planned to be used for parks and water system purposes. Mr.Derr alleges that the annexation would be.,,,uu«i) to Metro Code 3.09.050(d)(7)because the annexation would be illegal. The annexation would not be illegal. The proposed annexation is consistent with Metro Code 3.09.040(a)(1),3.09.050(dX5)and 3.09.050(d)(7). 11. Mr.Derr argues that the City failed to provide for"a public hearing necessary to avoid an election under ORS 222.120(2)." The City Council held a public hearing on September 26,2006,in compliance with the hearing requirement. 12. Mr.Derr argues that some or all of the petitions did not comply with the requirements of Metro Code 3.09.040. Mr.Derr has not identified any way in which the petitions failed to comply with Metro Code Section 3.09.040. Furthermore,Metro Code Section 3.09.040 is a section relating to submission requirements,and does not establish approval criteria. The City,by processing the petitions,has accepted that they are sufficient to allow the City to make a decision based on the applicable criteria. 13. Mr.Derr argues that Sunrise Lane is a county road and that the county has neither petitioned for nor consented to the annexation. Under ORS 222.170(4),publicly owned property may be annexed but does not count in the consideration of the sufficiency of the consents unless the public owner consents or objects. The County has not consented or objected, so the area is not counted in determining the sufficiency of the consents,even though it is included in the annexation. 14. Mr.Derr further argues that the annexation is a cherry stem annexation and therefore not justified. Even if this annexation could be considered a cherry stem annexation,cherry stem annexations are not illegal. See Morsman v. City of Madras, 191 Or App 149, 81 3 P3d 711 (2003)and cases cited therein. Mr.Derr has not argued that the proposed annexation is unreasonable or provided any factual basis such an argument. The annexation is reasonable because it provides for an extension of the City boundaries so that City parks and water facilities will be within the City. 15. Mr.Derr states that the City must clarify the status of zoning and applicability of the Bull Mountain Community Plan to the property proposed for annexation. The City's decision does not change the zoning or make the Bull Mountain Community Plan inapplicable to the areas being annexed. • Findings Related to Written Comments By Karen and John Molloy in opposition to the annexation because the property is within the area of the proposed City of Bull Mountain. As discussed in the findings related to comments by Lawrence R Den,the proposed incorporation of the City of Bull Mountain does not prevent the City from proceeding with this annexation. Findings Related to Written Comments by Michael Orth 17. Michael Orth submitted a comment on August 13,2006,opposing the annexation prior to the vote on the incorporation of the City of Bull Mountain_ As stated in the previous findings,the City finds.no legal impediment to proceeding with the annexation at this time. Findings Related to Written Comments Richard A.Franzke 18. Richard A.Franzke submitted written comments dated September 26,2006. Mr. Franzke argued that the incorporation proceedings were initiated before the City's annexation proceedings. As discussed in Finding No.9 above,the City has concluded that the City's proceedings have priority. 19. Mr.Franzke argued that the City should respect the will of the citizens who will be affected by its actions. The people who affected by an annexation are the property owners and voters(if any)in the territory to be annexed. The City has the consent of all property owners within the territory to be annexed and there are no voters in the territory to be annexed. The City has been forced to turn aside property owners who want to annex to the City because they are within the proposed City of Bull Mountain and did not submit petitions prior to the date the County Board referred the incorporation to the voters. Mr.Franzke suggests that the City's wish to annex these properties is based on the desire to increase tax revenues. The vast majority of the property being annexed (31.79 out of 34.82 gross acres)is publicly owned and not subject to property taxation. Findings Related To Written Comments and Oral Testimony of Lisa Hamilton-Treick 4 20. Ms. Hamilton-Treick submitted written comments on September 26,2006.Ms.Hamilton - first argued that Washington County has not consented to the inclusion of the county road. Publicly owned property may be included in an annexation and is not counted in the calculation of consents unless the public owner specifically consents or objects. ORS 222.170(4). The County's lack of consent is relevant to whether the City counts the road in the total property area,but does not otherwise affect the annexation. 21. Ms.Hamilton-Treick argued that the proposed boundary creates islands and an irregular boundary. The Council finds that the boundaries of the City are sufficiently regular to be consistentwith Comprehensive Plan 10.1.2. The regularity standard in the Comprehensive Plan standard is expressly related to whether police will be able to respond in an emergency situation without difficulty. The City Council finds that the fact means that there will be no difficulties for the police in emergency situations. The only "islands"created are three properties that will be outside Tigard City limits but will be cut off from county,and possibly future City of Bull Mountain,areas only by Sunrise Lane. 22. Ms.Hamilton Treick argued that the proposed boundaries will prevent four property owners from being included in the proposed City of Bull Mountain. Any property that is not included in the annexation but is included in the boundaries ofthe proposed City of Bull Mountain will be included within the City of Bull Mountain if the voters improve incorporation. As to the creation of islands,the Citydoes not intend to use the island annexation process to annex territory if the island is created only by a road or a narrow strip of property. 23. Ms.Hamilton Treick questioned the existing zoning designation of the property and the continued application of the Bull Mountain Community Plan. The property is currently zoned R-7 under the County's adoption of Tigard zoning. The annexation will not change the zoning. The ordinance does not provide that the Bull Mountain Community Plan will cease to be applicable to the property,so it will remain in effect as to the property. 24. Ms.Hamilton-Treick asked when the City will provide notice to LCDC of any change in zoning or plan provisions that affect the property. The City will provide notice if and when the zoning or plan provisions are changed. The questions asked by Ms.Hamilton- Treick do not provide any basis for denying the annexation petitions. 25. Ms.Hamilton-Treick argued that the City's record on Goal 5 resource protection is poor. The City Council disagrees with her statement. However,nothing in her argument relates to any applicable standard or criterion: 26. Ms.Hamilton-Treick argued that the City Council did not set a date for the hearing and • that an election is therefore required. The statutory requirement is to hold a hearing, and the City did hold a hearing. Ms.Hamilton-Treick appeared at the hearing. While ORS 5 • • 222.120(2)does refer to the legislative body fixing the date for a hearing,the City Council has delegated authority to set all agenda items,including hearings,to the City Manager. City Council Groundrules,adopted by Resolution 04-83. The matter was set for hearing by the City Manager,using the authority delegated by the Council. 27. Ms.Hamilton-Treick stated that a county commissioner stated that the property should be in the proposed City of Bull Mountain. That statement does not relate to any applicable approval standard or criterion. Ms.Hamilton-Treick further argues that the proposed City of Bull Mountain and the City of Tigard must work together,presumably on developing a portion of the City of Tigard property as a regional park. If the City of Bull Mountain is formed,the Tigard City Council anticipates that Tigard and Bull Mountain will work together and cooperate on a wide range of issues. 28. Ms.Hamilton Treick asked that the record be kept open for seven days. The City Council granted that request. 29. Ms.Hamilton-Treick argued that the City should put the annexation on hold pending the vote on incorporation. The City can proceed with this annexation because the petitions - were received before the incorporation was referred to the voters. 30. Ms.Hamilton-Treick submitted a letter from a deputy legislative counsel to - Representative Jerry Krammel. That letter expressly states that the sole purpose of the letter is to assist members of the legislature and that it is not to be considered or used as legal advice by any other person. The City will not consider the letter or use it-as legal advice. 31. Much of Ms.Hamilton Treick's oral testimony was the same as her written comments. None of the additional statements in her oral testimony addressed any applicable standard or criterion. - Findings Related to Oral Testimony of Kinton Fowler 32. Kinton Fowler testified at the Septemer 26,2006,hearing. He suggested that the City hold off on the annexation until after the November 7 election to avoid a legal dispute • and to get the relationship between the City of Tigard and the proposed City of Bull Mountain off to a good start. Mr.Fowler did not argue that the City was legally precluded from going ahead with the annexation. Findings Related to Oral Testimony of Linda Rogers 33. Ms.Rogers questioned the suitability of the property for a park. The proposed park would be a nature park rather than a park with developed athletic fields. Her testimony did not raise any issue relevant to any applicable standard or criterion. 6 Page 1 of 1 Portland Water Bureau Fleet Shifts To Primarily B99 Biodiesel Fuels To Become National Leader to Benefit Economy & Environment: Effective September 26,2pm Media Advisory Contact: Don Holmes, Portland Water Bureau, 503-823-4724 Date: September 14,2006 Portland Water Bureau Fleet Shifts to Primarily B99 Biodiesel Fuels to Become National Leader to Benefit Economy & Environment–effective September 26, 2 pm Portland, OR—Effective September 26 the Portland Water Bureau is switching its fleet of diesel- powered vehicles to B99 - a fuel more than 99 percent bio-diesel. CommissionerRandy Leonard invites the media to a 2 pm fill-up of some fleet vehicles on September 26 at 2 pm at the Water Bureau's large vehicle parking lot.* The bureau's diesel-powered fleet has run on B20 (20 percent biodiesel/ 80 percent petroleum diesel) since August, 2004. "This effort makes the Water Bureau's 84-vehicle diesel fleet the largest in the country running on B99," says Commissioner Randy Leonard, "We're doing our part to increase demand for biodiesel which will help to spur the development of Oregon-based production facilities, reduce greenhouse gas emissions, and reduce our reliance on foreign oil." Administrator David Shaff adds, "We've analyzed the fuels and talked to experts on fuels and truck performance. We've tested B99. We expect this change to be almost cost neutral. We're also analyzing performance. The bureau purchases about 100,000 gallons of diesel fuel annually. Diesel vehicles carry stickers saying Powered by Biodiesel." The Water Bureau vehicles converting to B99 (B50 at the Bull Run maintenance yard) are the "workhorses" of municipal public works: backhoes, dump trucks, graders, excavators, water service trucks,welding and crane trucks,pick up trucks, compressors, forklifts, tractors, mowers, generators, work vans,passenger vans and some passenger vehicles. Some older vehicles will remain on B20. *Best directions to the Water Bureau's Interstate large vehicle parking lot: north on Interstate from Broadway, right on Tillamook, right on Kerby Avenue, left on N. Wheeler Place and immediately left into the Water Bureau large-vehicle parking and fill up area. ### To help ensure equal access to City programs,services and activities, the City of Portland will reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. Call 503-823-7510 with such requests. http://www.portlandonline.com/water/index.cfm?print=l&c=dhegj&a=bdaeig 10/23/2006 Mit iYi au ca__ in TY.K.b 'AAAie c • Proz _..-.r a a, { mac. u e-f- vh I i f 1/7k/ma - i k/rte._ ,5_,,,,. - .. . a. , _ _. _ „, , , . _ r „...!. IL.L.L S oph.ls Gated new tests reveal small amounts of steroids and drugs drugs in drinking water. • How Uig a threat_are these contaminants? By Tom Arrandale I I decade ago,Shane Snyder headed secrete or rinse from their bodies are up in increasingly sophisticated water- • ' to Las Vegas.-He was working on .flushed down thy-drain..Those substances quality tests. - . a.doctorate in ecological to.xicol- accumulate in the sewage effluent that Las - = ; =ogy, and_federal.government biologists- Vegas-releases.into the reservoir behind Feminized Fish 1 ;had detected that something strange was Hoover Dam. In the mid-199 os, fishermen in Great happening to the fish in nearby I ake Mead: -For Nevada's water agencies,as well as Britain recognized that downstream from Male carp were turning into females. those in big cities in California and Arizona, aging sewage-treatment plants all the fish ,.` ._._ __._Snyder's_initial_findings about the the question now is whetherthese newly de- they caught had female organs.Meanwhile, I source of the problem were inconclusive. tected"emerging contaminants”pose any herpetologists found that male alligators t But understandablydisturbed by the situ- danger to the millions of people who drink and frogs exposed to pesticides were also t ation, the Southern Nevada Water Au- water from the Colorado River. developing female characteristics.More re- thority in 2000 hired Snyder as its re- The country has 53,000 drinking-water cently,researchers have found feminized search and development direztorinc.e �ysterns- and--most-have-allham.._hey-can ha .fish in wastewater effluent in the Potomac then, he and fellow scientists have con- die ensuring an adequate supply for grow- River outside Washington,D.C.,near Den- fumed that natural and synthetic chemi- ing populations,coming up with billions ver and in the Pacific Ocean just offshore cals in Lake Mead are deforming some of dollars to upgrade sewage treatment -froth Lbs Angeles-and Orange County,Cal- fish and disrupting their capacity to re- plants and installing expensive new tech- ifornia. — produce. nology to ensure that water flowing It's clear that chemicals discharged into The culprit isn't factory discharges or through household tapsm will meet existing the environment can alter some organ- polluted runoff from farms. Rather, it's federal contaminant limits.But a handful isms' endocrine systems, which secrete t the i.8 million metro area residents and 38 of water utilities are on the forefront of sci- hormones into the bloodstream to control ;; million tourists who visit the city annually. entific research to determine whether reproduction, growth and development. Every day, the pharmaceuticals,personal they'll also need to deal with thousands of Congress has.responded by ordering the fcare products and human hormones they additional substances that are showing U.S.Environmental Protection Agency to 56 SEPTEMBER 2006 GOVERNING II i1i f* t ' ' 444 I-4 fib . 41r IP f 1 1 If 11,1,9 r tw 'K55��F r ti e I ! _, :r £;fie.$ ,���, r ' .._ s 4:_.7'1 ' °'''' �� t� 11 1110 - s +"'#max'' x, " +� � i ../,, ', yx', :r h l )t 8 .-.r r t A tee' 5� r' 1 4001 t @#Y` 'a+- „ jai:., tt � 1 ., —" . .._0 , ' g. yr,`^: F t Op r ; i start reviewing whether endocrine-dis- Meanwhile,Snyder and others have doc- So water and sewer utilities feel corn- ,' rupting chemicals also threaten human umented that Las Vegas'treated sewage pelted to foltowup orreven'cursoryfindings .. health. Federal regulators have proposed lant.dischar e ' „, P P P g ��Ymaces of codeine,____thatdrugs;chemicalresiduesandevennat- .' ;- limits on perchlorate,a compound from Prozac,Valium,common antibiotics,.insect ural human hormones flo throw " wmg gh =I; rocket fuel known to affect endocrine repellents and a host of chemicals termed municipal sewers are disrupting reproduc- glands,but EPA's review of thousands of endocrine disruptors into the Lake Mead lion in fish that swim downstream.With pesticides, plastics and other commonly reservoir. And they have linked those the science so uncertain, local officials used compounds is dragging on. human byproducts to abnormal female worry that the U.S.Environmental Protec- At the same time,concern has emerged characteristics in carp,bass and razorback lion Agency will eventually feel compelled `1 thatfrequently prescribed pharmaceuticals sucker-s,which swim ai4feed in the efllu- to order communities to install expensive and ubiquitous personal care products such ent the city's treatment plants release into treatment upgrades to dispel the public's as soap,shampoo and detergents could be the lake, fear that emerging contaminants pose sim- causing similar environmental damage. So far,the results have detected"essen- liar threats to human health. Increasingly accurate laboratory technol- tially no human health concern,"according ogy makes it possible to identify much to Snyder. But the National Park Service Don't Flush smaller chemical residues, down to mi- manages a national recreation area along As the data accumulates,governments in nuscule parts-per-trillion levels,in sewage the lake, and Los Angeles, San Diego, some areas are taking steps to,give patients effluent and drinking-water samples. Phoenix and Tucson draw much of their alternativestoflushingunuseprescription - "Birth-control pills have been around since supplies from the Colorado River reser- drugs down their toilets.Three years ago, 2 the 1.96os,but now we are actually able to voir."It's a really politically motivated body psychiatrists persuaded the Maine Legisla- sdetect them at these lower concentrations," of water,"he adds,and downstream resi- ture to provide prepaid envelopes for mail- notes joe Gully,an environmental scientist dents naturally recoil at the thought that ing drugs past their expiration dates to the for the Los Angeles County Sewer District's they're unwittingly ingesting somebody state's drug enforcement program for safe ' & ocean research program. else's medicine. - disposal.Chicago has experimented with GOVERNING SEPTEMBER 2006 57 j • drug return programs, * __✓ unregulated contami- and Washington State Tiny Traces ? '' .. 4111 nants, and the Philadel- iiiio this summer launched a Common pharmaceuticals v ' Department � phia Water., 73 pilot collection effort iv- detected in drinking water '. continues monitoring its ing consumers a way to supply after studies two drop off unused medica- supplies years ago found minor tions'at drugstores. But Liters/day of treated traces, measuring in the pharmaceuticals also drinking wateran adult parts per trillion, of 13 i would need to drink to antibiotics,an leach from landfills and Drug Therapeutic Dose take in th therapeutic eutic dose painkillers, seep into streams in ani- tidepressants and other mal waste from feedlots 1 , E,: -•' drugs,as well as estrogen �1 I r fc,e'E'f - --W u�nu�iom 11.6,1,�r� , " - and the insect repellent i where livestock are fat- P tend.And as millions of +' DEET in the city's water. Americans take their --=" - 'i' `°-- - ----- - ChristopherS.Crock- medicine every day, -7,-,1 ,,,,/,,, I.,Tr �:,n1 vF:/.1.--/v/ -�i ,r< ett,Philadelphia's water- l they're also passing `-1 T,,, F, _ shed protection manager, residues through their - `� ,, ,-,, - 1 .- -,-- sees no risk to city resi- 4 �r 1111 }, 1'c C'-'' ,` bodies into community rt ,,- , - ,',,-`r - dents but acknowledges 1 sewer systems. �,11 ri_i �i , ,-, 6 - 2,,---,,1that press accounts of the A — The-pharmaceutical _.7,-04,7,-;,, 1 research have caused byproduct stream is re- public concern.Philadel- Sources:Richard C.Pleus,Intertox Inc.;and Shane A.Snyder,Southern Nevada Water Authority draws water from newed daily,and the vol- phia ume isgrowingas doc- the Schuylkill and tors prescribe new drugs that go on the ing effluent with ozone or reverse osmosis Delaware River basins,and"5 percent of market:In addition, even-the-healthiest can remove more than 7o percent of most the U.S. population lives in our water- people excrete some of the natural hor- suspected pharmaceutical and endocrine- shed," he says. Most city residents , mones their bodies produce,and more of disrupting contaminants. However, he nonetheless don't understand that"not all those are flowing into wastewater systems notes, "the cost of implementing those the water comes from the top of the Rocky as urban populations expand.The levels of types of processes can be enormous." Mountains," so learning that tap water natural estrogen in Las Vegas'wastewater In contrast to well-documented threats carries minute amounts of hormones and is 10 times higher than synthetic estrogen such as Cryptosporidium or water-treat- pharmaceuticals that have passed through { used to make birth-control pills, Snyder ment byproducts,"I haven't seen any com- upstream residents' bodies "is really points out. "There's not much we can do pelling evidence that emerging contami- shocking to a lot of people." i about that;it's not like an industrial diem- nants in drinking water"are harming peo- Negative public reaction could be even ical that you can ban or restrict." ple who drink it,Snyder says.Pharmaceu- more worrisome for water-short South- Most studies that detected damage to ticals are commonly used to stimulate live- western cities that share the Colorado aquatic life haven't demonstrated that sex- stock growth and milk production, "and River's overcommitted supply.Fast-grow- pi ual deformities are widespread enough to people get a much greater dose from eating ing desert cities are counting on expanding threaten entire populations of fish or am- a steak or drinking milk." their resources by recycling sewage effluent phibians.In Lake Mead,however,a 2002 for irrigating golf courses and eventually re- i, U.S.Geological Survey study warned that Treatment Tactics plenishing drinking-water supplies.Stud- 1 - sexual deformities conceivably could deci- Snyder now is working with the American ies led by Gully,the Los Angeles County re 4 i mate the razorback sucker,an endangered Water Works Association and some of Cal- searcher, suggest a possible solution: Let species that tends to concentrate near Las ifomia's biggest water-supply systems on a treated effluent trickle through layers of • Vegas'sewage outfall to feed on nutrients in project that is studying what kind of treat- soil.This appears to effectively remove es- the effluent The Clark County Water Reda- ment most effectively removes 15 widely trogen from the wastewater that California mation District is considering spending-----usedpharmaceutizalsand-eight-suspected- and Arizona cities have begun using to Kl ,i $585 million on a 17-mile-long pipeline that endocrine disruptors that have been found recharge groundwater aquifers to replenish would pump most of Las Vegas'170 mil- in drinking-water supplies.Environmental drinking-water reserves.While there's no -44 1; lion gallons of effluent per day to be diluted groups keep prodding EPA to move more evidence that the water is dangerous for -J in 250-foot-deep waters above Hoover quickly to identify and control emerging drinking,"it's part of our mission to make Dam. Biologists,however,worry that ap- contaminants,and state and local govern- sure our water is safe for reuse,"Gully says. proach would send emerging contami- ments are well aware that regulations could "This is a really new field,and it's one that's nants over the dam,threatening Colorado eventually be imposed. worthy of investigation." J' bl River fish populations along the Arizona- The Pennsylvania Environmental Pro- California border. tection Department and USGS have started Tom Arrandale can be reached at e, `i Snyder's research has found that treat- screening streams and groundwater for tomarrandaleWycsi.net I;; 58 SEPTEMBER 2006 GOVERNING - -- P — - Como puedo saber mas sobre el proyecto? _„ T D ✓ Arvada su nombre a la lista de correo para recibir aviso de reuniones y noticias `� ? PROPEC 1 0 r ILOTO DE (envie un correo electronico o Mame). k l � �� _ t t RECURSOS HIDRAULICOS ✓ VisItenos por Internet www.cleanwaterservices.org y oprima la tecla del �`; v ' _ EN CUENCA TUALATIN proyecto de provision de agua para ver mas en detalle la informacion sobre el `` :. #R; r 4 , _Y proyecto. F `t.1---f` - , 1 Primavera 2006 ✓ Arista a las reuniones publicas del Comite Ejecutivo de Reglamentaciones I ✓ Pida una presentacion para el grupo local al que usted pertenezca. z1 iCual es la meta del Proyecto de Recursos Hidraulicos? Los residentes y negociantes de la Cuenca Tualatin necesitan de recursos hidraulicos frescos, seguros y saludables Auk. > K para contar con una forma saludable de vivir economica a largo plazo para nuestra region. Se espera que se duplique ilit - } •e, la demanda del agua en la Cuenca Tualatin para el alio 2050, lo cual quiere decir que la cuenca necesitara de 50,000 � �,>, pies de acre por alio adicionales. / 1 + - ` / El alio 2001, las agencias de recursos hidraulicos en la Cuenta Tualatin formaron una sociedad para identificar los As4. '° r ` mejores recursos hidraulicos para satisfacer la demanda futura del agua. La sociedad incluye el Buro de Estados - ` �..-- \ Unidos de Reclamacion(RECLAMATION,en ingles)porque son los duenos de la Presa Scoggins en el Lago Hagg, ` _-, '`� que es uno se los recursos hidraulicos posibles. T ille Comparando dos alternativas _ } -,-- y _ k --. r, .. N_ de agua adicional Leventar '4:2',..,1-;;!' ? f 40 pies x .•.;1-1.1,... ,....--.---;,..----le._ Despues de estudiar varias Cuenca Alternative s ' 'e ; opciones para adquirir agua Tualatin ',-*-:-1 Levantar 40 pies ::;',,i,,,,.::,---',:--, o RIA o N - la press en el durante los ultimos anos, sem Lego Hagg , seleccionaron dos (ver la NORTH i�tAlris grafica)estudios adicionales en " rr1;s �� Lagar . G un federalmente requerido 5 na Para mayor informacion contacte a: , age' .CORNELIUS Reporte de Planeacion/ HILLSBORO "A-^ .74: , s Tom VanderPlaat, Declaracion-en Borrador del _I T ` _ �1m„ Medio Ambiente(PR/DES, tx Gerente del Proyecto �- #� t 1 siglas en ingles). Las dos Rio a rLt _ ,t:`Ts+ s 1:NR naaRD I (503)681-5107 alternativas que podrian GasroN Ave DURHAM . vanderplaatt@CleanWaterServices.org " j satisfacer la necesidad del agua _. sHEitw000 a -7 _ ,. Una opcion ' de recurso - incluyen: tf• ' Jeanna Cernazanu, multiple que incluya ' Coordinadora de Involucracion Publics —= • Levantar 40 pies la presa A. Levantar 25 pies la presa ,� , - a en el Lago Hagg (503)681-3619 = en el Lago Hagg con i �soNva� �w -, B. Incrementar la Planta de °tyur W' tuberia de agua crude y Tratamiento del Agua en orf cernazanuj@CleanWaterServices.org g e .7--_ �{� et Rio Willamette �: .-&.'1'.� ` bombe de retroalimentacion . \� - +. ,FRF x"� &"�; • Una opcion de recurso � .:::,7-A--t7,,,;.f.'„:.:'k:, ' `�` • multiple que incluya � �i.,,,i-:,..i. k CleanWateee Services -`"R - •'�'�! Levantar 25 pies la presa ;4...,!..i.::_,,,,,,•,,,,,, � � _ Our commitment is clear. a en elLago Hagge LEGEND incrementar la Planta de Tratamiento del Agua en R= Jwc= $ Tvio=TualannValley ckanwaoerse,�,ices wilwmettewver _ -i± -=-:--4-;-,,,s _� Aquifer Storage Joint Water Portland hrigatlon DisWct Wastewater Treatment Water Treatment .«t• ` - - Recovery Well Commission Buil Run System Pump Station Facility` -• Plant e r el Rio Willamette para water Treatment r„ ." usos de la municipalidad. Plant i 1 gQue sucede en PRIDES? Socios del Proyecto PR/DES comparara las dos alternativas con otra Los socios del proyecto contribuyeron más de$12 millones de dolares alternativa de "no accion" incluyendo los impactos al para subsidiar el Estudio de Factibilidad Para Proveer Agua en la medio ambiente, los impactos economicos y los 4 R Cuenca Tualatin(WSFS, siglas en ingles), que se completo en Nlarzo '` del 2004. El Estudio de Factibilidad reviso unagran gama de beneficios. El analisis de los impactos del medio ambiente incluyen los siguientes asuntos(edemas de ' alternativas de provision del agua, incluyendo el levantamiento de la : presalos intercambios de recursos. Los sociosque subsidiaron PR! otros . y � �-` � � ; DES incluyen: .. �. ✓ Subsuelo y geologic ✓Servicios de Agua Limpia ✓ Hidrologia - - J Caudad del Agua ✓Distrito de Recursos Hidraulicos del Valle Tualatin (TVWD, siglas en ingles) l. Terrenos Pantanosos ` =, _ I '- .. ✓Ciudad de Hillsboro Y ,�,,„ / • - 'Ciudad de Forest Grove • k * 1.:. ✓Ciudad de Beaverton ✓ Habitat de Vida Salvaje ,.(..-3.- " ''_ ./. Recursos Sociales y Culturales �`* /Ciudad de Tigard N. ./ Recreo \ 'Ciudad de Tualatin Lago Hagg `' :'''' ✓Burg de Estados Unidos de Reclamation (RECLAMATION, siglas en ingles) ✓ Calidad del Aire c .��; y- �fP ✓ Derechos de Agua , ✓ Especies sensitivas, amenazadas y en peligro ✓ Uso y Planeacion de la Tierra .- .r Itinerario del Proyecto Cuando RECLAMATION publique PR/DES,se contara con un proceso de revision publics. Se incluiran .tea ,- t reuniones publicas y una audiencia publica.Todos los - ,, , . .. +.,,_I t" comentarios que se reciban durante el periodo de ;- t� -. _ .,'"4-1`.. .:�' � �` comentarios ublicos se reuniran en un documento ' ' "� ¢ P 1, 1 A F' t:�,a 71 ublicoparaque lo revisen los le isladores. Se Tensa al 'Al ' J " , - P g P Y ., £. , 1 presente completar PR/DES para el invierno del 2006. btona.2001 " $ Invierrto120 ' I gvibrnoluut *' 4Inviern ! i . ' , Invierno 2009 1 `` Primavera 2004 , tnvierpo 200th , .,,IniWerno 2007 Invier , 107 fir_ i o 2012 A+ r S , flecla a i ion PermisosrmTiSeno F ? i, , . t y � � ,, . ; < , r . .; ; �� Factibilidad , ,. ��� , , �, _ _ �.�� , ) 11"..., -' -. ,,. ,,,,. '4, . I ,- £ f PROYECTO PILOTO DE RECURSOS HIDRAULICOS Para mayor informacion EN CUENCA TUALATIN www. CleanWaterServices .org g