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08/14/2002 - Packet Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area REVISED D . Wednesday, August 14, 2002 5:30 p.m. 1. Call to Order Moll Call and Introductions Motion to call meeting to order, staff to take roll call. 2. Approval of Minutes—July 10, 2002 Motion from Board for minute approval. 3. Document Review— Tom Imdieke/Dennis Koellermeier(20 minutes) a. Fees and Charges b. Tigard Municipal Code 4. Proposed Bull Run Drinking Water Agency—Ed Wegner/Joyce Patton (20 minutes) 5. Assistant PW Director's Utility Report—Dennis Koellermeier(20 minutes) a. Beaverton Intertie b. Aquifer Storage and Recovery 6. Informational Items Items will be discussed briefly if time allows—otherwise printed info will be distributed. 7. Public Comments Call for any comments from public. 8. Non Agenda Items Call for non-agenda items from Board. Next meeting date Sept. 11, 2002, at Water Auditorium. 9. Adjournment—Approximate time 7.00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS 192.660(1)(d), (e), 69&(h)to discuss labor relations, real property transactions, current and pending litigation issues and to consider records that are exempt by law from public inspection. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. AGENDA ITEM# FOR AGENDA OF August 27. 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Amending Resolution 02-06 by Amending, Exhibit A Thereto and Increasing.Adding-, and Eliminating Certain Water Charges PREPARED BY: Tom Imdieke/Dennis Koellermeier DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council amend,add and eliminate certain water charges in the Fees and Charges Schedule to reflect current practices and recoup actual costs? STAFF RECOMMENDATION Amend Fees and Charges Schedule to reflect the recommended changes. INFORMATION SUMMARY Chapter 12.03 and 12.10 of the Tigard Municipal Code provides that fees and charges for water and related services be established by Resolution of the City Council. During the updating of TMC 12.03 and 12.10, Public Works and Finance staff reviewed current practices and associated charges. Staff determined that the charges for temporary hydrant usage and meter disconnection were not recouping the City's costs associated with providing these services. Also, the fees for Meter Out-of-Order Test and Water Main Extensions were not included in the Fees and Charges Schedule (Resolution No. 02-06). The current practice of after-hour reconnection of service due to disconnection of service from delinquent account(s) is being discontinued due to low usage and high cost. The fee associated with this service needs to be removed from the Fees and Charges Schedule. OTHER ALTERNATIVES CONSIDERED Retain Fees and Charges Schedule as written. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Does not apply. ATTACHMENT LIST Resolution Exhibit A attachment FISCAL NOTES There is no cost associated with this action. CITY OF TIGARD, OREGON RESOLUTION NO. 02- A RESOLUTION AMENDING RESOLUTION 02-06 BY AMENDING EXHIBIT A THERETO AND INCREASING, ADDING,AND ELIMINATING CERTAIN WATER CHARGES. WHEREAS, Tigard Municipal Code 12.03 and 12.10 provides that fees and charges for water and water- related services shall be established by resolution of the City Council; and WHEREAS, the current water charges are those set by Resolution No. 02-06 as shown in Exhibit A to that resolution; and WHEREAS, the City Council finds that existing charges for temporary hydrant usage, and meter disconnection are not recouping the City's costs associated with providing these services; and WHEREAS, the current fees for the Meter Out-of-Order Test and Water Main Extension were not included in Resolution No. 02-06; and WHEREAS,the City Council has approved discontinuation of the after-hour reconnection of service due to disconnection of service from delinquent account(s); and WHEREAS, the City finds that the increased and added fees as shown in Exhibit A are set at a level designed to recover the City's costs without creating surplus revenues. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION Resolution 02-06 is hereby amended by amending Exhibit A to that resolution to read as shown in Exhibit A hereto and incorporated by this reference. SECTION This resolution is effective immediately upon passage. PASSED: This day of 2002. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 02 -_ Page 1 City of Tigard EXHIBIT A Fees and Charges Schedule Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-WATER Booster Pump Charge $3.54/bimonthly 2/27/2001 3.89/bimonthly 10/01/2002-09/30/2003 4.12/bimonthly 10/01/2003-09/30/2004 4.37/bimonthly 10/1/2004 Customer Charge 4.00/bimonthly 2/27/2001 (Basic fee charged to customers to have the City deliver water.) 4.40/bimonthly 10/01/2002-09/30/2003 4.66/bimonthly 10/01/2003-09/30/2004 4.94/bimonthly 10/1/2004 Fire Hydrant Usage- Temporary 5/. x8 3/4"hydrant meter dem 60.00 9111200 3"hydrant meter dem 650.00 9/1/2002 3/4"double check valve deposit* 75.00 9/1/2002 2"double check valve deposit* 100.00 9/1/2002 *Deposit is refundable if returned in good condition t Hook-up service 50.00 2/27/2001 Continued use 50.00/month 2/27/2001 Consumption I R I lss€,,sed '"'�T Current irrigation water usaae 9/1/2002 rate per 100 cubic feet of water used Fire Rates(Sprinklers) 2/27/2001 6"or smaller 17.00/month 8"or larger 22.50/month Fire Service Connection 1,400.00+ 12%fee based 2/27/2001 on construction costs. Meter Disconnection Actual labor and material 1�23A996 its+10% 9/112002 *Underlined fees are new and strikethroughs are old. 1 City of Tigard EXHIBIT A ` Fees and Charges Schedule Department Revenue Source Fee or Charge Effective Date Meter Installation Fees 5/8"x 3/4" Meter 325.00 2/27/2001 1" Meter 500.00 1 1/2" Meter 850.00 2"Meter 1,000.00 3"or more Meter Actual Cost 5/23/2000 Meter Out-of-Order Test Meter calibration cost+ actual 9/1/2002 labor and material costs+ 10% Sanitary Sewer Service 6/6/2000 (City receives 21.4%of fees collected) Base Charge 15.58/dwelling unit/month Use Charge 1.08/100 cubic feet/month for individual customer winter average Storm and Surface Water 6/6/2000 (City receives 75%of fees collected) Service Charge 4.00/ESU/month Water Disconnection Charge for Non-payment 2/27/2001 During business hours 50.00 After hours, holidays and weekendsa 99:89 Water Line Construction-New Development 12%of Actual Cost 2/27/2001 Water Main Extension Designed and installed by others 12%of Actual Cost 9/1/2002 Water Usage Charges Residential 1.56/100 cubic feet of water 2/27/2001 1.71/100 cubic feet of water 10/01/2002 -09/30/2003 1.81/100 cubic feet of water 10/01/2003 -09/30/2004 1.92/100 cubic feet of water 10/1/2004 Multi-Family 1.54/100 cubic feet of water 2/27/2001 1.69/100 cubic feet of water 10/01/2002 -09/30/2003 2.04/100 cubic feet of water 10/01/2003-09/30/2004 2.16/100 cubic feet of water 10/1/2004 'Underlined fees are new and strikethroughs are old. 2 City of Tigard EXHIBIT A Fees and Charges Schedule Department Revenue Source Fee or Charge Effective Date Commercial 1.81/100 cubic feet of water 2/27/2001 1.99/100 cubic feet of water 10/01/2002-09/30/2003 2.11/100 cubic feet of water 10/01/2003 -09/30/2004 2.24/100 cubic feet of water 10/1/2004 Industrial 1.50/100 cubic feet of water 2/27/2001 1.65/100 cubic feet of water 10/01/2002-09/30/2003 1.75/100 cubic feet of water 10/01/2003-09/30/2004 1.86/100 cubic feet of water 10/1/2004 Irrigation 1.93/100 cubic feet of water 2/27/2001 2.12/100 cubic feet of water 10/01/2002 -09/30/2003 2.25/100 cubic feet of water 10/01/2003-09/30/2004 2.39/100 cubic feet of water 10/1/2004 *Underlined fees are new and strikethroughs are old. 3 AGENDA ITEM# FOR AGENDA OF August 27. 2002 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE An Ordinance Amending Chapter 12.03 (Billing and Collection of Utility Charges) of the Tigard Municipal Code Clarifying Procedures in the Collection of Utility Charges and Making Appropriate Name and Title Changes. PREPARED BY: Tom Imdieke DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council amend Tigard Municipal Code(TMC) 12.03 to reflect current procedures in the collection of utility charges; discontinue after-hour reconnection of service; and reflect the name change of Unified Sewerage Agency to Clean Water Services and the title of City Administrator to City Manager? STAFF RECOMMENDATION Amend TMC 12.03 to reflect the recommended changes. INFORMATION SUMMARY In addition for the need to update TMC 12.03 to reflect the name change of Unified Sewerage Agency to Clean Water Services and the title change of City Administrator to City Manager, there are clarifications and changes being recommended to the procedures for the billing and collection of utility charges. The recommendation includes the following changes and clarifications: • 12.03.010-Adds the word sanitary in front of sewer to clarify reference. • 12.03.020 - Clarifies the distribution of collections between funds so that it is proportionate among surface water management, sanitary, and water when there are partial payments of a utility bill. • 12.03.030 (d) - There are several methods for a customer to make a payment now, each should be checked before the cutoff date and time for shutoff. • 12.03.030 (e) - Clarifies collection of disconnection charge and discontinues the practice of after-hour reconnection. Service would be reinstated if the customer pays any delinquent charges by 5:00 p.m. on the shutoff day. • 12.03.030(f)-No change other than clarifying existing procedure. • 12.03.050 (a) -Clarifies and simplifies language for the returned check charge. No change in fee. • 12.03.050 (b) - Clarifies that repair and maintenance of water meters is the responsibility of current owner and not initial purchaser. • 12.03.060 - (a), (b), and (c) - Increases the level of authority to which adjustments can be made to reflect the increase in costs that have occurred since the last revision of the code. OTHER ALTERNATIVES CONSIDERED Retain TMC 12.03 as written. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Does not apply. ATTACHMENT LIST TMC 12.03, showing the recommended changes. FISCAL NOTES There is no cost associated with this action. CITY OF TIGARD,OREGON ORDINANCE NO.02- AN ORDINANCE AMENDING CHAPTER 12.03 (BILLING AND COLLECTION OF UTILITY CHARGES) OF THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UTILITY CHARGES AND MAKING APPROPRIATE NAME AND TITLE CHANGES. WHEREAS, the municipal code references the Unified Sewerage Agency and the name of the Agency was recently changed to Clean Water Services;and WHEREAS, the municipal code references the position of City Administrator and this position is now titled City Manager;and WHEREAS,the municipal code references procedures that are out-of-date and no longer apply;and WHEREAS, after-hour reconnection of service due to disconnection of service from delinquent account(s) is no longer recommended due to low frequency and cost. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code 12.03 is amended to reflect current procedures in the billing and collection of utility charges; the name and title change of Unified Sewerage Agency to Clean Water Services; and City Administrator to City Manager; and the practice of after-hours reconnection of service is discontinued,as shown in Attachment A. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of 52002. Catherine Wheatley,City Recorder APPROVED: By Tigard City Council this day of 12002. James E. Griffith,Mayor Approved as to form: City Attorney Date ORDINANCE No. 02-- Page 1 ATTACHMENT A TIGARD MUNICIPAL CODE Chapter 12.03 BILLING AND COLLECTION OF UTILITY CHARGES. Sections: 12.03.010 Definitions. 12.03.020 Rates,Charges,Fees,Penalties, Collections. 12.03.030 Delinquent Collection Procedures. 12.03.040 Delinquency Collection Procedures-Sewer Only Customers. 12.03.050 Other Fees And Charges. 12.03.060 Utility Charge Adjustments And Payment Agreements. 12.03.070 Customer Appeal Process. 12.03.010 Definitions. (a) Utility Charges. Any combination of water service charges, sanitary sewer service charges, surface water charges or other fees and charges authorized by the 'Tigard City Council or the Unified Sewer-age AgenGy Clean Water Services imposed on users of utility services. (b) Delinquent. Utility charges not paid by the due date specified on the bill for such charges are considered delinquent. (c) User. User shall mean any person who uses property which maintains connection to, discharge to, or otherwise receives services from the City's storm, surface water, sanitary sewer or water systems. The occupant of occupied property is deemed the user. If the property is not occupied, the person who has the right to occupy it shall be deemed the user. 12-03-1 SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE 12.03.020 Rates, Charges, Fees,Penalties, (c) Shut off Notice - For those utility Collections. charges not paid by the due date stated on the reminder notice, a shut off notice shall be hung on (a) Unified Sewenage n genGy Clean Water the front door of the dwelling or place of business Services Resolution and Order number 95-34 and at least 48 hours prior to the scheduled actual shut Ordinance Number 26,27,28,and 29 as amended off. The City shall maintain a list of all shut off are hereby adopted by reference and shall be in notices indicating the time and location the notice full force and effect as part of this municipal code. was placed and by whom. The shut off notice shall state the amounts and types of charges past (b) Collections from utility customers will due and the date and time such charges must be be applied first to interest, penalties or other fees paid to avoid actual shut off of services. and charges, then proportionately among the rest of charges for services billed or as provided by (d) Shutoff Procedure - All accounts contract with Clean Water Services. te-Suifaee determined to be unpaid 48 hours after a shut off Water- ^h.,rges then to Sanitary Sewer ^har-ges notice has been placed on the premises shall be and finally to Water-^har^ec listed and scheduled for shut off. The 48 hours shall be counted on business days only and shall (c) All Fees and Charges set forth in this not include Holidays or weekends. On the day chapter shall be set by resolution by the Tigard scheduled for shutoff, the drop bei daily City Council. payments shallbeopened and the days mail ripts will be reviewed to determine if any 12.03.030 Delinquent Collection applicable payments have been received. The list Procedures. as amended will then be delivered to the appropriate crew members who will then shut off (a) Billing Cycle - Utility charges will be and lock those meters on the lista billed to users every other month or as water meters are read. Utility bills will be placed in the (e) Water Disconnection Charge for Non- United States Mail after the water meter is read or Payment - A charge will 60 days after the prior billing for non water be added to each account that has not been paid customers. Such utility bills shall state the prior to the time indicated on the shut off amounts and types of charges included in the bill notice been shut e ff b e feFe wat ^^^ e and shall state the due date for the utility charges. F-eeenneeted. The charge covers all costs Such due date shall not be less than 14 days from associated with the delinquent collection process. the date bills are mailed. The sparge-overs the, lest of the. delinquent colleetieff process-and the-Gest-of the actual (b) Reminder Notice - For those Utility tun=ing-0€f and—en of the—nor. The Charges not paid by the due date, a reminder lotion charge shall apply even if actual shut notice will be sent to the customer. The Notice off is not performed due to the payment of the shall state the amounts and types of charges past past due balance made to the crew member in the due and the date by which such charges must be field or in the office just prior to shut off. The paid to avoid turn off procedures. The reminder eetien eha ge shall be greater- for notice shall be placed in the United States Mail resc�mee-tion requested after newmal -operating not less than 14 days after the original due date on hours and on •_eekeads Water service will be the original bill. reconnected the same day as disconnection if the outstanding bill and related charges are paid in 12-03-2 SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE full by 5:00 PM. If payment is not made prior to using the following collection methods in lieu of 5:00 PM the customer's water will not be the shutoff procedure set forth in 12.03.020 (c), reconnected until the next regular business day. (d), (e): No water will be reconnected after normal operating hours or on weekends. (a) Delinquent utility charges may be collected through the use of a collection agent. (f) Meter Disconnection Charge - A The Finance Director or designee shall have the Charge shall be added to each account in which a authority to select a collection agent and sign meter is turned off and locked for non payment if necessary documents. the customer or other party cuts the lock and turns the meter back on without prior approval of the (b) Delinquent utility charges may be City. in addition to the to^v ehar- the The meter collected by filing a claim in the appropriate will be removed from the ground and the water court. The Finance Director shall have the service capped off. Water service shall not be authority to request pursuit of such claims by the reconnected until the customer has paid the past City Attorney and shall have the authority to sign due utility charges including the ro"^^^e^*i^^ and file necessary documents. charge- water disconnection charge, the leek charge and the meter disconnection charge_,-a*d (c) Delinquent utility charges may be eim-,unseaa the Gity rn.- the ce-st of re-m,,,,;„„ and collected by turning the uncollected balance over reinstalling-the meter- en.—t...--and-materials to the Washington County Tax Assessor for basis. inclusion on tax bills as allowed by ORS 454-225 454.225. This method of collection shall only be (g) Multifamily Housing collection process used if the user of the services being billed is also - When accounts for multifamily housing the owner of the premises connected to the complexes using master meters rather than system. The owners approval must be received in individual meters becomes delinquent, the writing allowing the turnover. Accounts being company or individual responsible for payment of collected in this manner shall be charged a the utility bills shall be notified of the past due turnover fee and shall be turned over to the status of the account in the normal process set Assessor each year by July 15. forth in section 12.03.030. However, in lieu of the shut off procedure, the responsible party shall (d) Delinquent utility charges may also be be notified in writing that the shutoff procedure collected by disconnecting utility services. will be followed if the delinquent utility charges Disconnection may involve the physical are not paid within thirty days. Notification will disconnection of incoming or outgoing utility also be made to all tenants known by the City to service pipes and facilities. Disconnection shall the extent possible. Accounts not paid within the only be pursued with the approval of the City thirty days will be notified and turned off in Manager Actual costs of accordance with section 12.03.030(c)and (d). disconnection shall be calculated and must be paid by the utility service user before reconnection is 12.03.040 Delinquency Collection established. Procedures- Sewer Only Customers. 12.03.050 Other Fees And Charges. For utility charges on accounts without water (a) Returned Check Charge - A charge will service, delinquent amounts may be collected be added to accounts for any checks returned from 12-03-3 SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE the bank unpaid for any reason. The charge shall be set by resolution of the City Council. Upon (a) The Finance Director or designee shall etumed ..he^L staff v.611 ea t^^t the have the authority to waive utility charges up to .,, st^ e,. and ^w if they would prefer- to have the $250.00 $50.00. Such waiver may be made sheGk redeposited, Y-eplaeed by another check, based upon a written request from the customer sash of meney order, if t - oaeposite Ghee and for good cause. Good cause may include but ed h the h^„v an add;*:^„^i ^h is not limited to correction of user or account =, he added to the ^^,.,,uat The vei^ted payment information, failure of the City to send a bill, ^.,„i;ed to the ^^^ „„* ,=,:ii he „o,-sad and *ho demonstrated failure of a user to receive a bill, obligation for-the utility^h^,-gee will be..°:„stated correction of measurement of either fixture units e fte, he, . t,.RWA t,=,:,.e f 0m the- h^.,v ,��=-a-�n�,�--is�e«-���..�� �=o... �.z� oa�.�� or equivalent service units and adjustments to the unpaid f- any ash o ^.de, v.411 time in which requester became the user. Waivers he required to avoid the-t,,,. off p-eeed„reF_ may include returned check charges, disconnection resennestien charges or utility (b) Repair or replacement of neA charges. The Fin-Ance-Bire6tor shall make a oenstmetiierr water meters and services - Once quarterly repeA to the---City—Adninis#ate installed, new meters ^'^^ed Fr- now ~ '^ ^t'^^ 4xdioating-all-sash waivers giving-theme ill he the sibil:t=. of the fnetef: ., rehase, and reasons amounts wer-e waived. Any any costs associated with the repair or replacement of damaged or missing meters and (b) The City Manager or services will be charged to the original Mete'" designee shall have the authority to waive utility pur-ehase- owner of the property. Such costs may charges up to 500.00 $250.00. Such waiver must include but are not limited to gaskets, meter be made based upon a written request from the boxes, lid inserts, meters, pressure regulator customer and for good cause as defined in valves and related labor,equipment,vehicles, and subsection(a). Good Gause may include but is not materials. limited to eer-restien of user or- aseount .,f:,..,=.,tio failure of the Gity t send a hili 12.03.060 Utility Charge Adjustments demonstrateda-4-1re of a user to reseive a bill, And Payment Agreements. Gefreetien of measurement feither- fixilive unit., equivalent ^ nits and adjustments t„ the Errors in billing or collection shall be corrected in time h' h requester- heeame the usen The a timely manner by the City. Resulting credits on City Manager shall receive a accounts or refunds shall be made as written report of findings from staff and then expeditiously as possible. Disputed billings or weigh the evidence presented by the customer and other collection transactions shall be dealt with as the staff before making any such waiver. follows: (c) Any requests to waive utility charges In recognition of the tev.stempe of- need for above $500.00 $250.00 shall be made in writing exceptions to normal GiFGumstanres in some to the Intergovernmental Water Board. The cases, AutheFivy authori is granted as follows for Finance Director or designee may schedule the adjustments to utility charges and to the request on the next available agenda and so notify implementation of payment agreements. All the customer at least one week in advance. All waivers granted under 12.03.060 (a) (b) shall be materials related to the request shall be made reported to the Intergovernmental Water Board available to the Board and the customer may be each month upon their request. allowed to make a presentation to the Board at the 12-03-4 SE Update: 12101 ATTACHMENT A TIGARD MUNICIPAL CODE discretion of the Board Chairman. (d) The Finance r- Camay enter into a payment agreement with a customer to facilitate the payment of delinquent utility charges. Such agreements shall not exceed the term of three years, current charges must be paid when due, and the agreement must be signed by both parties and must be a legally binding agreement. Breach of such an agreement by the customer shall result in further collection efforts. Payment agreements for amounts over$10,000:80 must be approved by the Tigard City Council. 12.03.070 Customer Appeal Process. (a) Customers shall have the right to appeal billing decisions made by staff. If a customer is not satisfied with a decision, the customer may appeal to the Finance Director within fourteen days of the decision in writing explaining the` issue and justification for the customers position. Finance Director decisions may be appealed to the City Manager Admiaistr-ate-r- within fourteen days of the decision in a similar fashion. City Manager Ad-M-iffl-i-st-r-at-OF decisions may be appealed within fourteen days of the decision to the Intergovernmental Water Board. Board decisions are considered final. (Ord.96-02). ■ 12-03-5 SE Update: 12101 i AGENDA ITEM# FOR AGENDA OF 8-27-02 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amend Tigard Municipal Code 12.10-Water System Rules&Regulations PREPARED BY: Dennis Koellermeier DEPT HEAD OK . CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Council amend Tigard Municipal Code(TMC) 12.10 to update several provisions of water service to align municipal code requirements with current utility service practices and other TMC provisions. STAFF RECOMMENDATION Amend TMC 12.10 to reflect the recommended changes. INFORMATION SUMMARY As part of the continuing effort to update the Tigard Municipal Code, certain changes are being recommended to the water system rules and regulations section of the TMC. These changes are being recommended to • Better clarify roles and responsibilities of water customers • Delete code sections relating to operational procedures or practices which no longer apply • Align code provisions with current business practices that have evolved over time. Specifically,changes are being proposed to the following sections; • Application for Service(12.10.010) • Service Size(12.10.030) • Separate Connections(12.10.040) • Service Pipe Standards and Maintenance(12.10.060) • Jurisdiction of Water System(12.10.080) • Temporary Discontinuance of Service(12.10.140) • Service Connection Maintenance(12.10.160) • Main Extensions (12.10.170) • Illegal Use of Fire Hydrant or Meter(12.10.240) Staff is also recommending the addition of section 12.10.045 titled Master Metering, and the deletion of sections Fire Hydrants (12.10.220) and Main Extensions, (12.10.170.A and B.) These changes were considered by the Intergovernmental Water Board (IWB) at their August 14, 2002 meeting. Upon adoption of these changes by the City Council, the IWB will need to adopt identical changes to their "Rules and regulations"so all customers in the Tigard Water service area are under the same criteria. OTHER ALTERNATIVES CONSIDERED Retain TMC 12.10 as written VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST TMC 12.10 - Water System Rates and Regulations FISCAL NOTES There is no cost associated with this action. CITY OF TIGARD, OREGON ORDINANCE NO. 02- AN ORDINANCE AMENDING CHAPTER 12.10 WATER SYSTEMS RULES AND REGULATIONS OF THE TIGARD MUNICIPAL CODE WHEREAS, Chapter 12.10 of the Tigard Municipal Code establishes the rules and regulations for the Water system; and WHERAS, there are code sections relating to operational procedures and practices which no longer apply that need to be deleted; and WHEREAS, changes are needed to Chapter 12.10 of the TMC to clarify roles and responsibilities of water customers; and WHEREAS,code provisions need to align with current business practices that have evolved over time. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Coucil does hereby amend Chapter 12.10 of the Tigard Municipal Code as shown in the attached Exhibit"A". SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only,this day of,2002. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of ,2002. James E. Griffith,Mayor Approved as to form: City Attorney Date ORDINANCE No. 02- Page 1 Attachment#I TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES 12.10.300 Findings And Declaration Of A AND REGULATIONS. Water Emergency. 12.10.310 Levels Of Prohibition. Sections: 12.10.320 Enforcement. 12.10.330 Penalties. 12.10.010 Application For Service. 12.10.340 Water Shut-Off. 12.10.020 Use Of Water. 12.10.350 Definition. 12.10.030 Service Size. 12.10.040 Separate Connection. 12.10.010 Application For Service. 12.10.045 Master Metering 12.10.050 Furnishing Water. No service will be supplied or water 12.10.060 Private Service Pipes. furnished to any premises without customer first 12.10.070 Credit For Water Leaks. requesting service with the Cit_exeept-*q3�ee 12.10.080 Jurisdiction. wr-it4ea appheatien en printed fet:ms of the City. 12.10.090 Waste-Plumbing-Inspection. (Ord. 93 12.10.100 Physical Connections With Other Water Supplies Or 12.10.020 Use Of Water. Systems. 12.10.110 Cross Connection Control Water will be furnished for ordinary Program. domestic, business and community purposes, and 12.10.120 Payment-Delinquency. fire protection only. No water will be furnished (Repealed By Ord.96-02). for the direct operation of steam boilers, 12.10.130 Water Rates. machinery or golf courses, except on an 12.10.140 Discontinuance Of Service. interruptible basis, and the City will assume no 12.10.150 Interrupted Service-Changes responsibility therein. (Ord. 93-34) In Pressure. 12.10.160 Service Connection 12.10.030 Service Size. Maintenance. 12.10.170 Main Extensions. A stmdafd ee-ee eetiefl, with 5/8"X 12.10.180 Limitation On The Use Of "^" meter-, it be installed ffem the main to the Water. 12.10.190 Temporary Or Transient Service. 12.10.200 Construction Water. . The-size—ef inete- shall be 12.10.210 Meter Out-Of-Order-Test. 12.10.220 Fire Hydrants. shall pr-eser-ibe the number- of buildings t be 12.10.230 Fire Hydrant-Temporary Use. sem=ea� one meter---a-ad stlehdeteftion 12.10.240 Illegal Use Of Fire Hydrant Or shall be final. Thie eusteme- shall f6fa s water-to Meter. any family,btisiness, insfitutieft, 12.10.250 Amendments-Special Rules- , Contracts. , tha4 the City Geuneil may perfflit -a 12.10.260 Grievances. ' 12.10.270 The Public Works Director And iee eenneetien, in whieh event seeh e•s.,.-..,... Authorized Representatives. 12.10.280 Power To Grant Variances. 12-10-1 SE/Code Update: 12101 TIGARD MUNICIPAL CODE pefmit may be revoked and sepafate sefviee eenneetions FeEfair-ed at my fifne. (Or-d. 93 34) Unon the application for new water service, and payment of all charges- the City will install a service connection and meter of such size and location as approved by the Public Works Department. Meter and water service pjning shall be sized as using the fixture count method as described in the State of Oregon Uniform Plumbing Code. The minimum size of any water meter. which connects to the city water system, shall be five-ei,gths/three-fourths inch. In new subdivisions, the City may allow the installation of water mains, valves, hydrants and water services by the developer as a part of improvements,as described in this chapter 12-10-2 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.040 Separate Connection. areas not now served by the City will be made at the expense of those persons requesting service. A separate service connection will be Such extensions will be made by the City or by required for each dwelling, apartment or motel, those expressly authorized by the City. All place of business, and institution. All outlying applications for line extensions to provide new buildings and premises used as a part of such service are subject to review by the City Council. dwelling place or business or institution may be Consideration will be given to the City's ability to served from such connection, as well as all serve and to eligibility for annexation to the City buildings on such premises operated under the one of the property to be served. The City may management. City shall prescribe the number of contract with other governmental entities for the buildings to be served from one meter and such provision of water. The terms of service will be determination shall be final. No eust mer— shall defined by agreement and consistent with the aµ nh atef t� ` it b `it terms of this h ) ____� ::�L,I = ', ", s C apter. (Ord. 93-34 ether- than these eeettpied b, that 12.10.060 Private Serviee Pipes. Service Pipe Standard and thfetigh ettst;,IIef:'s seFvzGePefflaflieettie . rin m4;iA Maintenance. nhar-g..a an addi4 l menthly fninimufn fef e additional 4 supplied. 9tteh petit may be r-e-veked anamust be installed in aeeer-danee with geed (Ofd. 93 34) ettstemer. Pipes nitist be laid 24 inehes deep, provided with a step and waste valve 12.10.045 Master Metering. €ar—drainage, a-a all stria'dpipes of fittings e f any kind must be so , aneher-ed a*d installed as The Ci may permit the master metering of more than one water service The owner shall pipes must be well pr-eteeted ffem ffeezing. (04 designate the ,person who will be responsible for 93-34) the payment of all water charges and will accept Service pipes of all sizes, within or without service of all water related notices If any the premises, whether for domestic, commercial payment is not made in full when due the City or fire protection purposes, must be materials may terminate service even if partial payment is quality, class, and size as specified by the state tendered by other occupants of the premises. plumbing code or regulations of the City. The service pipe within the premises and 12.10.050 Furnishing Water. throu2hout its entire length to the water meter or to the properly line if the water meter is set behind The City shall not be obligated to furnish and the propea line, must be kept in repair and install, at its expense, system facilities for all protected from freezing at the expense of the property within the City. The City shall, so far as customer, lessee, or agent, who shall be reasonable and practicable and within its financial responsible for all damages resulting from leaks means, however, provide adequate source of or breaks, supply, necessary primary feeder mains, storage 12.10.070 Credit For Water Leaks. facilities and other improvements necessary to make water service generally available to all areas When a water leak occurs on the customer's within the City. Extensions to furnish water to side of the water meter resulting in an unusually 12-10-3 SE/Code Update: 12101 TIGARD MUNICIPAL CODE high water bill, customers may apply for a credit. building permit and where pressures may become The credit is limited to the difference between the high on 5/8" x 3/4" and V meters, a pressure average wholesale cost of water multiplied by the regulator may be installed at the meter by the City number of water units estimated to have leaked, to control varying pressures. (On meters 1 1/2" and the total amount of the water bill less normal and larger, customer is responsible for installing a usage. The average wholesale cost of water is the pressure regulator.) The City will not be per unit average cost of water as established by responsible for damage from varying pressures. the Intergovernmental Water Board at the The Public Works Director or authorized person beginning of each fiscal year. The application to may inspect pipes and plumbing at proper times. the City for the credit must be in writing and must (Ord. 93-34) include proof of the leak being fixed within 10 days of discovery of the leak. 12.10.100 Physical Connections With Other Water Supplies Or Any applications for credits greater than this Systems. code section allows will be considered by the Intergovernmental Water Board. (Ord. 96-39; Neither cross connections nor physical Ord. 96-02; Ord. 93-34) connections of any kind shall be made to any other water supply, whether private or public, 12.10.080 Jurisdiction of Water System. without the written consent and approval of the City Council, and the written approval of the All sen4ee eenneetions, -ne+er-9, mains and Oregon State Board of Health. (Included in this category are all pipe lines, appurtenances and exeept the pipes beyend the meter-, are the facilities of the City system and all pipes, appurtenances, pumps, tanks, storage reservoirs, eentfel. Ne per-sea ether- than the Publie Weriks facilities, equipment, appliances, etc., of other Direetef of ftther-ized per-sen shall install any systems whether located within or on public or private property, or the premises of a water effi, or- ether-wise tamper- er- inteffer-e with the customer.) The operation and repair of the City's water The City's Public Works Director or other system, including pipes. valves, pumas, authorized representative shall have the right, at reservoirs. fixtures. etc, is the complete all reasonable times, to. enter upon private responsibility of the City's Public Works property to inspect the premises of customers for Department. No plumber, contractor, or other physical connections with other water supplies. person will be allowed to connect to or operate However, before entering upon private property, any part of the City's water system up to and the Public Works Director or other authorized including the water meter. representative shall obtain the consent of an 12.10.090 Waste-Plumbing-Inspection. occupant or a warrant of the Municipal Court authorizing entry for the purpose of inspection. Water will not be furnished to premises Any such connection shall be removed by the where it is allowed to run or waste to prevent customer within ten days after written notice to freezing or through defective plumbing or remove is given by the City. If not removed otherwise. Plumbing should be of high test and within the time specified, the City may remove or first class and in conformance with the discontinue any connection which it may have for appropriate codes of the jurisdiction issuing the servicing the property. 12-10-4 SE/Code Update: 12101 TIGARD MUNICIPAL CODE Rules,Ch. 333-61.070). No search warrant shall be issued until an affidavit has been filed with the Municipal Court C. It shall be the objective of the City to showing probable cause for the inspection by protect the potable water system from stating the purpose and extent of the proposed contamination or pollution due to cross inspection citing this Chapter as the basis for the connections. Water service to any premises shall inspection whether it is an inspection instituted by be contingent upon the customer providing cross complaint or other specific or general information connection control in a manner approved by the concerning physical connections with water City. Backflow devices required to be installed supply systems violations. shall be a model approved by the Oregon State Health Division. No person shall interfere with or attempt to prevent the Public Works Director or other D. Authorized employees of the City with authorized representative from entering upon proper identification shall have free access at private premises and inspecting the property when reasonable hours of the day to those parts of a an emergency exists or the Public Works Director premise or within buildings to which water is or authorized representative exhibits a warrant supplied. Water service may be refused or authorizing entry. (Ord. 93-34) terminated to any premise for failure to allow necessary inspections. 12.10.110 Cross Connection Control Program. E. These requirements must be strictly observed as a matter of public health and to The purpose of this section is to protect the prevent any possible contamination of the water water supply of the City from contamination or system. (Ord. 93-34) pollution from potential cross connections; and to assure that approved backflow devices are tested 12.10.120 Payment-Delinquency. annually as follows: (Repealed by Ord. 96-02). A. The installation or maintenance of any (Repealed by Ord. 96-02, Ord. 96-02; Ord. 93-34) cross connection which would endanger the water supply of the City is prohibited. Any such cross 12.10.130 Water Rates. connection now existing or hereafter installed is - hereby declared unlawful and shall be rectified as All rates, fees and charges shall be set by directed by the City or its authorized resolution of the Tigard City Council. (Ard.-93- representative(s). 34) B. The control or elimination of cross 12.10.140 Temporary Discontinuance Of connections shall be in accordance with the Service. regulations of Oregon State Health Division. The Temoorary discontinuance of service for 30 policies, procedures, and criteria for determining days or more will r with har appropriate levels of protection shall be in open when the customer notifies the City of date accordance with the Accepted Procedure and of intent, time period of discontinuance vffit4eft Practice in Cross Connection Control Manual, appliemien, witheut ehafge, and provided all bills Amer. Water Works Association, Pacific are paid. (Ord. 93-34) Northwest Section, current edition (OR Admin. 12-10-5 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.150 Interrupted Service-Changes and s , In Pressure. , The water may be shut off at any time for `r stieh main e-xteasiens is ade repairs or other necessary work with or without notice. Conditions may cause a variation of the B. Designed by Others, installed by the pressure. The City will not be responsible for any City: damage caused by interruption of service or varying pressure. When service is interrupted,hot When design or- supefvisien e water faucets should be kept closed to prevent backflow of hot water or steam. (Ord. 93-34) heensed engineers, subjeet to approval by the Gity, Emd installed by the City, a fee shall be pai 12.10.160 Service Connection , ' , Maintenance. sampling, The City will maintain all standard service , shall be deposited with the Gity when connections in good repair without expense to the customers. Each customer is required to use reasonable care and diligence to protect the water C. Designed and Installed by Others. meter and meter box from loss or damage by freezing, hot water, traffic hazards, and other When design or supervision of causes, in default of which, such customer shall installation of improvements is performed by pay to the City the full amount of the resulting licensed engineers, and installation is performed damage. and paid for by others, subject to approval by the City, a fee in accordance with the Fees and Each customer is required to maintain Charges Schedule shall be imposed. ef 129; o vegetation and other obstruction free zone of a minimum of two feet around the meter box. Clear . access to the meter shall be from the street side in a direct path to the water meter. Failure to Size of such extensions, type of pipe, maintain the area will result in City personnel location, gate valves, fixtures, fire hydrants and clearing the area to meet the City's meter reading other fittings shall be under City specifications and maintenance needs. Customer will be and subject to City approval, and such mains shall charged any related expenses of the City in be laid from the end of the existing main to the far clearing the area. City shall have no liability for end of the property to be served. No lines or trimming or maintaining vegetation in order to laterals shall be laid until the estimated cost read meters. (Ord. 93-34) thereof, as hereinabove set forth, shall have been deposited with the City. All such extensions of 12.10.170 Main Extensions. mains and laterals, and installation of fire hydrants shall be the sole property of the City,without right A. Designed and installed by the-Qt�- of immediate refund on the part of the person or persons paying for such extension or on the part All extensiens e f Mains and laterals of of any person or persons whomsoever. No the City, and installed by the City, shall be paid extension of main will be permitted, accepted or for-by the appheant at eest,phis 104; fer-ever-head- served by the City unless such line be at least a 6- 12-10-6 SE/Code Update: 12101 TIGARD MUNICIPAL CODE inch diameter pipe. Short extensions, such as cul- de-sacs, can be of small diameter upon approval of the City. When a person is required to pay the cost of extending a water main adjacent to property other than that person's own so that water service for domestic use is provided for such other property without further extension of the water main, the City shall require the owner of the other property, prior to providing water service to that property, to refund to the person required to pay the cost of extending the water main, a pro rate portion of the cost of extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the water main. The amount to be refunded shall be determined by the City and such determination shall be final. Each construction contractor shall be approved by the City's Public Works Director prior to installing pipe lines, pumps, etc. Those installations made by private contractors will be thoroughly inspected and approved by the City to ensure compliance with plans and specifications. Back-filling of trenches prior to City approval is unauthorized. If water main extension is necessary to serve an existing single family dwelling and the main size required by the City is larger than a 6" The expense of the installation across the front of their property, plus the cost of the meterlwi 1 be with the developer or owner requesting the extension. The developer or owner requesting the construction project shall be liable for any added cost due to design difficulties. Applicant(s) will agree to be bound by and comply with the City's main extension policy and rules and regulations and any subsequent revisions or amendments to same which may be made from time to time. (Ord. 93-34) 12-10-7 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.180 Limitation On The Use Of 12.10.210 Meter Out-of-Order-Test. Water. If a meter shall fail to measure accurately,the A. Limitation on the use of water as to bill shall be the average for the same periods in hours,purpose, or manner may be prescribed from prior years. Tests will be made periodically time to time by order of the Public Works without charge to the customer. A customer may Director, based on a finding that the limitation is demand a test upon payment of a charge for such reasonable given the available and projected water test. The rates, fees and charges for this test shall supply and demand. Any order under this section be set by resolution of the City Council. (Ord. 93- shall be reviewed by City Council at its next 34) session following issuance of the order. The City Council may affirm,withdraw or amend the order..'0220 Fire Hydrants. B. The Public Works Director, the City Fife hydr-Effits will be installed by the Gi�.,, Manager or the City Council may call for t of payment in advanee e fl.- voluntary reductions in water use, including, but , an not limited to,voluntary rotational watering plans. installafien, (Ord. 0 1-15 §1, Ord. 93-34) 12.10.190 Temporary Or Transient 12.10.230 Fire Hydrant-Temporary Use. Service. Any person who desires to use a fire hydrant Temporary or transient service for for temporary water supply must obtain construction work will be rendered upon deposit permission of the City. The charge for temporary in advance of connection charge and one month's use shall be set by resolution of the City Council. estimated water bill, and payment on the first of Customer is responsible for repair and/or each month of all accrued charges. Upon replacement of damaged meter. (Ord. 93-34) discontinuance of service, refund will be made for all connection materials usable by the City at their 12.10.240 Illegal Use Of Fire Hydrant Or depreciated value, less the cost of removal and all Meter. charges due. No temporary service shall be installed for any residence or building where Connection to a permanent service connection may later be fire hydrant or meter without proper authority is a installed. (Ord. 93-34) $100 c Class 1 civil infraction. (Ord. 93-34) 12.10.200 Construction Water. 12.10.250 Amendments-Special Rules- Contracts. Rates, fees and charges for water used via a permanent meter installation for construction The City may at any time amend, change or purposes shall be set by resolution of the City modify any rule, rate or charge, or make any Council. The charges shall be billed at special rule, rate or contract, and all water service completion of construction, but shall not exceed a is subject to such power. (Ord. 93-34) period of 6 months, unless authorized by the City. (Ord. 93-34) 12-10-8 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.260 Grievances. failure or any other event, the City Council may declare a water emergency and require that water Any grievance as to service or complaints usage must be curtailed. The declaration shall shall be made to the Public Works Director, who include the effective date, the reason for the shall attempt to resolve the problem. Any declaration and the level of prohibition declared. unresolved grievances as to service or complaints The City Council may include an estimated time shall be reported and will be considered by the for review or revocation of the declaration. (Ord. Intergovernmental Water Board at the Board's 01-15 §2) next meeting. (Ord. 93-34) 12.10.310 Levels Of Prohibition. 12.10.270 The Public Works Director And Authorized Representatives. A. Level I — Limited. The following activities or actions are prohibited under a Level I The Public Works Director or an authorized declaration: representative are not authorized to make any changes in these rules, rates, or regulations. (Ord. 1. Watering, sprinkling or irrigating 93-34) lawn, grass or turf; exceptions: 12.10.280 Power To Grant Variances. (a) New lawn, grass or turf that has been seeded or sodded 90 A. Except when prohibited by subsection B days prior to declaration of a of this section, upon application, the water shortage may be watered Intergovernmental Water Board may grant as necessary until established; variances from the water system rules and regulations enacted by the City of Tigard when it (b) High-use athletic fields that fords that: 1) strict application of the rules and are used for organized play; regulations create undue economic hardship for the applicant with no significant benefit to the (c) If the Level I declaration so water system; 2) the variance requested has no provides, a mandatory material adverse effect upon the water system and rotational watering plan may it is consistent with established policies of the be imposed rather than an Tigard City Council. absolute prohibition on watering. B. The Intergovernmental Water Board may not grant variances relating to annexation of 2. Watering, sprinkling or irrigating property, fire protection requirements, cross- flowers, plants, shrubbery, ground connection requirements, fees, rates and charges. cover, crops, vegetation or trees (Ord. 93-34) except from 6:00 p.m. to 10:00 a.m. 12.10.300 Findings and Declaration of a 3. Washing, wetting down or Water Emergency. sweeping with water, sidewalks, walkways, driveways, parking lots, Upon finding that the municipal water supply open ground or other hard surfaced is incapable of providing an adequate water areas; exceptions: supply for normal usage due to a drought, system 12-10-9 SE/Code Update: 12101 TIGARD MUNICIPAL CODE (a) Where there is a and streams, unless the water is demonstratable need in order recirculated through the decorative to meet public health and water feature. Water features that safety requirements, such as: do not include continuous or to alleviate immediate fire or constant inflowing water are not sanitation hazards; for dust included. control to meet air quality requirements mandated by the 6. Wasting water by leaving Oregon Department of unattended hoses running. Environmental Quality; 7. Water line testing and flushing in (b) Power washing of buildings, connection with construction roofs and homes prior to projects; exception: painting, repair, remodeling or reconstruction, and not solely (a) Testing and flushing of critical for aesthetic purposes. water facilities. 4. Washing trucks, cars, trailers, 8. Other actions that the City Council tractors and other land vehicles or determines should be restricted, boats or other water-borne vehicles, consistent with a Level I situation, except by commercial including any restriction or establishments or fleet washing curtailment imposed on the City by facilities which recycle or reuse the water suppliers or applicable law, water in their washing processes or regulation or order. by bucket and hose with a shut-off mechanism; exception: B. Level lI — Moderate. The following activities or actions are prohibited under (a) Where the health, safety and a Level II declaration: welfare of the public is contingent upon frequent 1. Actions and activities prohibited in vehicle cleaning, such as: to a Level I situation. clean garbage trucks and vehicles that transport food 2. Watering of any lawn, grass or turf, and other perishables, or regardless of age or usage. otherwise required by law. Owners/operators of these 3. Watering, sprinkling or irrigating vehicles are encouraged to flowers, plants, shrubbery, utilize establishments that groundcover, crops, vegetation or recycle or reuse the water in trees. their washing process. 4. Washing of vehicles other than in 5. Cleaning, filling or maintaining establishments that recycle. decorative water features,natural or manmade, including, but not 5. Power washing of buildings, limited to, fountains, lakes, ponds regardless of purpose,is prohibited. 12-10-10 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 6. Any additional actions that the City 12.10.330 Penalties. Council determines should be restricted consistent with a Level II A. First Violation—Warning letter. situation. B. Second Violation of the same type — C. Level III — Severe. In addition to the Class 3 infraction$50. restrictions imposed under Level I and Level 11, the City Council may impose C. Third violation of the same type—Class any other restriction on water use or 2 infraction$100. activities that may require the need for water supplies, consistent with the City D. Fourth and subsequent violations of the water supply contracts. Activities that same type — Class 1 infraction $250. may require the need for water supplies (Ord. 01-15 §5) include fireworks displays and other events that create a risk of fire. In 12.10.340 Water Shut-Off. imposing a Level III restriction, the City Council shall consider any restriction After the third violation of a curtailment recommended by the Public Works restriction, the Public Works Director may order Director or by any Fire District serving that the water service to the location where the the City. (Ord. 01-15 §3) violation has occurred shall be shut-off or reduced. A shut-off notice shall be posted on the 12.10.320 Enforcement. property at least 48 hours prior to the scheduled shut-off or reduction. The shut-off notice shall A. Warning. The City shall send a letter of specify the reasons for the shut-off or reduction. warning for each violation of a Any person wishing to avoid a shut-off must curtailment restriction if no previous provide the Public Works Director with evidence letter of warning has been sent to the that the shut-off will create a health or safety risk. person responsible for the violation. All shut-offs imposed under this section shall be The letter of warning shall specify the temporary, not to exceed thirty (30) days, violation, may require compliance provided the applicable charges are paid prior to measures and shall be served upon the reconnection. The reconnection charge and, if person responsible for the violation. applicable, the meter disconnection charge Service may be in person, by office or imposed under Section 12.03.030 shall be paid substitute service or by certified or before the reconnection. (Ord. 01-15 §6) registered mail,return receipt requested. 12.10.350 Definition. B. Civil Infraction. After the person responsible for the violation has As used in Sections 12.10.180 through received a warning letter, any 12.10.350: subsequent violation shall be treated as a civil infraction under Chapter 1.16. "Rotational watering plan" means a plan for (Ord. 01-15 §4) watering lawns and/or gardens on specific days or at specific times and not on other days or times. A rotational watering plan may be voluntary or mandatory. (Ord. 01-15 §7) ■ 12-10-11 SE/Code Update: 12101 Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, August 14, 2002 5:30 p.m. 1. Call to Order/Roll Call and Introductions Motion to call meeting to order, staff to take roll call. 2. Approval of Minutes—July 10,2002 Motion from Board for minute approval. 3. Proposed Bull Run Drinking Water Agency—Ed Wegner/Joyce Patton (20 minutes) 4. Assistant PW Director's Utility Report—Dennis Koellermeier(20 minutes) a. Beaverton Intertie b. Aquifer Storage and Recovery S. Informational Items Items will be discussed briefly if time allows—otherwise printed info will be distributed. 6. Public Comments Call for any comments from public. 7. Non Agenda Items Call for non-agenda items from Board. Next meeting date Sept. 11, 2002, at Water Auditorium. 8. Adjournment—Approximate time 7.00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS 192.660(1) (d), (e), (fl& (h)to discuss labor relations, real property transactions, current and pending litigation issues and to consider records that are exempt by law from public inspection. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. Intergovernmental Water Board Meeting Minutes July 10, 2002 Members Present: Patrick Carroll, Bill Scheiderich, Jan Drangsholt, George Rhine (for Norm Penner), and Joyce Patton Staff Present. Ed Wegner, Dennis Koellermeier, Kathy Kaatz, and Richard Sattler Visitors: Roel Lundquist 1. Call to Order, Roll Call and Introductions The meeting was called to order at 5:30 p.m. 2. Approval of Minutes— June 12, 2002 Commissioner Patrick Carroll motioned to accept the minutes of the June 12, 2002, Intergovernmental Water Board meeting and Commissioner Joyce Patton seconded the motion. The vote to accept the minutes as presented was unanimous. 3. Proposed Bull Run Drinking Water Agency— Ed Wegner/Joyce Patton Mr. Wegner reported on the progress of the Phase II negotiations: • Policy Steering Committee (PSC) made the decision on the asset list to be included in "the system". Approval for"the system" consists of Powell Butte east to the reservoirs on the mountains, including the Washington County Supply Line (Florence Lane, etc. will go through the distribution system). • After considerable deliberation the PSC recommended that the IGA 190 would be the preferred option and one that could be changed or corrected in the future through legislative action. • The Technical Advisory Committee (TAC) met with representatives of the Legal, Finance and Governance work groups to review the principles of agreement. A completed second draft may not be ready before the next PSC meeting because there are still many questions and principles to define. Some items may have several options to negotiate, i.e., water rights, buy-in ranges or methodology. • Copies of the media packets were distributed with information about the three scheduled Open Houses. The same PowerPoint presentation will be given at all three meetings and time will also be allocated for the public to address any questions and comments. Public input will be presented at the PSC meeting in August. • July 24, 2002, 6:30-8:30 p.m. —Tigard's Open House • Gresham, on July 17th • Portland, the week following Tigard's Open House The media packet included Phase I summary, Phase II outline, and project overview. Possible controversy may be between the 190 Agreement versus a PUD. The Citizens for Safe Water group has joined with the Bull Run Heritage group and another group to work together to promote the PUD. Several agencies (Rockwood Intergovernmental Water Board 1 July 10,2002 DRAFT COPY PUD and Sunrise Water Authority) would go by the wayside with the organization of a PUD. Participating agencies wanted to keep their own identity and not create another layer of government, which is why the 190 Agreement has been favored. Commissioner Joyce Patton continued by stating that there has been an underlying concern to slow down the process, to be deliberative and not jump to conclusions. The governance discussion would help create the process slow down. The PSC meeting had lengthy discussions regarding the governance issue. The representative from the Tualatin Valley Water District had differing personal opinions from other TVWD personnel. Following a recess to discuss the issues, several motions were proposed and the second motion was unanimously adopted. Commissioner Saltzman has been placed in charge of the Portland Water Bureau instead of Commissioner Sten and he attended the PSC meeting for the first time. He remained neutral through most of the discussions, however did vote in favor of continuing. The members are ready to move forward with Phase II. Mr. Wegner added that Commissioner Saltzman was given this new appointment without the benefit of orientation from Commissioner Sten and was somewhat uncomfortable because of that. However, Commissioner Sten has since spent a lot of time bringing Commissioner Saltzman up-to-date on the issues. Commissioner Saltzman has indicated he is comfortable in proceeding with the timeline and is in favor of remoyrfng all '= �77' of the Water Bureau, including the distribution. All indications show that mome tum will not slow down during the transition time. Commissioner Jan Drangsholt asked what the agency enthusiasm was like. Mr. Wegner stated that of the thirteen TAC members, at least ten are at the weekly meetings (some not in attendance because of vacations) and all have a lot of enthusiasm. The PSC meetings have good attendance (about 90%). Reviewing the agreement has generated a lot of controversy; however, there have not been many negative vibrations. 4. Assistant PW Director's Utility Report— Dennis Koellermeier Beaverton Intertie —The project is running ahead of schedule and on budget with no apparent changes or problems. The Beaverton side of the pipeline is almost complete and the Tigard side of the pipeline is about two-thirds complete. ASR—The water quality tests have confirmed that the stored water meets potable water limits. As of yesterday, ASR water was being used in the system at a rate of 700 gpm and has been step tested up to 1000 gpm. Water Rate Adjustment Proposal —The City Council acted on the issue and Resolution information was distributed for reference. Billing stuffers will be distributed to Water customers before the effective date and press releases are being prepared for publication. Canterbury Hill — Monday night there was a `hiccup' in the pressure-sustaining pump, which caused pressure inconsistency problems. The pump was switched to manual operation while the problem was resolved. There were a few low-pressure complaints, but no real problems or damage claims. Intergovernmental Water Board 2 July 10,2002 DRAFT COPY 5. Summer Operating Plan— Richard Sattler The summer supply plan and color graphs were distributed for review. Mr. Sattler stated that the demand had greatly increased over the last few days with the 900 weather. He indicated the document he distributed might seem familiar as it was produced last year. Updated information was included in this handout about ASR water, conservation and rebate programs, what the City of Tigard was doing to conserve water, the 24-hour monitoring of the system and a list of staff from other agencies that could be contacted in a water issue emergency. Mr. Sattler explained the graphs and how forecasting and the historical demand data could provide information on what to expect in months to come. He explained how we can track on a daily basis the demand, temperature, each water source's information, storage capacity and consumption, and explained how this helps us meet the summer demands. Mr. Wegner invited anyone who was interested in observing how we keep track of all this through our office computer to call Rich and arrange to visit him at the Public Works Office. Mr. Koellermeier commented that in reviewing the plan he noted the statistic about the number of days demand that would exceed capacity was listed at 25 days last year and it has dropped to 10 days this year. The ASR project has allowed for this drop. Commissioner Patrick Carroll asked if water would be pumped from the ASR well all summer and Mr. Koellermeier stated that the plan was to pump continuously until all 97 mg was utilized. Commissioner Bill Scheiderich asked if there were any pending annexation areas that were not already being serviced by the Tigard Water System. Mr. Koellermeier indicated that King City was the next big annexation, however, they were included in the projections. 6. Informational Items Informational items were distributed for review by the Board Members. 7. Public Comments— None 8. Non-Agenda Items Mr. Wegner briefly reported on the time he and Mr. Koellermeier spent with the Indonesian delegation. The tour included visits to the following: • Hagg Lake —The dam raise was discussed, they met the Water Master and operated some of the valves. The delegation was surprised and impressed with the blue color and clearness of the lake water. • Treatment Plant—The Indonesian plant is very old, built by the Dutch in 1934 or 1944, and they don't have funds for maintenance of their plant. • Willamette Treatment Plant—A 3-hour tour of the new facility was provided. Citizen involvement and participation was discussed, as well as successes and failures, to help the delegation with the set up of their new government. • Park tour Intergovernmental Water Board 3 July 10,2002 DRAFT COPY • Wastewater Treatment Plant—The Indonesians have corrosion problems with their plant and distribution/transmission lines. • Fire hydrant replacement and sanitary sewer tour The Indonesian delegation was very fascinated by all the computerization of our operations, i.e. the dam, water treatment facility, Tigard's water system that Rich Sattler controls since they said they have valves they were not able to even turn manually. Only 2/3 of their city has water provided and the rest of the people must find water wherever they can. They bathe and clean their clothes in the water, have open sewer systems that flow into the river right next to the intake to the plant and have no `federal' regulations. They were fascinated with the little things. The Indonesian's explained that they not only take care of city government, but also have inherited other regional government employees and have nowhere to put them to work. They saw two men here working on a paving project at the water treatment plant, whereas that project would have been a twenty-man job for them. They saw a grading stake and asked what it was, then told us that they would just eyeball that type of work. Commissioner Drangsholt asked what other long term water resource possibilities were being worked on for Tigard. Mr. Wegner reported that the feasibility study still was slowly continuing. The Bureau of Reclamation had taken some funding cuts, but the project is moving forward, and we also buy up to 2 mgd of water from the Joint Water Commission. Commissioner Drangsholt asked how the costs would be covered to upgrade Portland's reservoir water system against terrorism. Mr. Wegner said that the regional agency was still about two years away. If the reservoir work was completed within that two-year period of time, our O & M rates would pay for covering the reservoirs; however, if the work was not done by that time, it would then be up to the new agency to fund it through bonds or rates. It is planned to complete the filtration plant, which will be located on Powell Butte, by 2011 for the price of$220 million. The plant construction will involve a membrane and ultra-violet combination. The membrane will provide extra capacity because it allows us to go deeper in the reservoir to withdraw water. The next IWB meeting will be August 14, 2002. 9. Adjournment Commissioner Drangsholt motioned to adjourn the meeting at 6:15 p.m. and Commissioner George Rhine seconded the motion. Intergovernmental Water Board 4 July 10,2002 DRAFT COPY MEMORANDUM TO: Honorable Mayor and City Council Intergovernmental Water Board Members FROM: Ed Wegner, Director of Public Works #1 RE: Proposed Bull Run Regional Drinking Water Agency Draft#2 Principles of Agreement DATE: July 29, 2002 Attached you will find two documents relating to the draft Principles of Agreement for the Proposed Bull Run Drinking Water Agency. This material was received by elected representatives of the participating agencies at the July 25, 2002, Policy Steering Committee (PSC) meeting. Councilor Joyce Patton is the chairperson of that committee. The first document is a copy of the Power Point presentation the consultant used to highlight the principles. The second document, with a cover memo from me, is the actual draft Principles of Agreement. Prior to the August 22nd PSC meeting, members of the committee will review the document. During the August 22nd PSC meeting the "final' recommendations on the Principles will be made, then adopted at the September PSC meeting. All participating agencies will hold meetings during October through December to discuss the final report outlining the details of Phase 11 and how to proceed. After you have read the documents, please feel free to contact Councilor Patton or myself with your comments. Thank you. Cc: Bill Monahan Jane Turner Roel Lundquist Presentation of Draft Principles of Agreement Policy Steering Committee 25 July 2002 Members of Governance/Legal Working Group • Dave Rouse-Gresham—TAC Representative • Todd Heidgerken-TV WD—TAC Representative • Clark Balfour-several wsle.Customers • Brenda Braden-Tualatin • Dan Cooper-METRO • Jerry Linder-CWS • Tim Ramis-Tigard • David Ris-Gresham • Bill Scheiderich-Beaverton • Ruth Spetter,Terry Thatcher,Pete Kasting-Portland Process of Developing Principles PSC Criteria Finance Working Group JWC TAC A ement -' Legal WG Reviews Legal WG Develops & Develops PSC interviews Draft#i Revises Draft#2 & Draft#1 Statements g weeks 4 weeks 1 What these Principles Represent • Identification of all the key issues needing to be resolved • Decisions on key Principles needed to guide development of an actual Agreement • General statements of intent rather than detailed legal language • Short(20 pages) • Format of an actual Agreement to make the next step easier Organization of Principles 1)Definitions 2)Bull Run Regional Drinking Water Agency 3)The System 4)System Use 5)System Expansion and Improvement 6)System Operations 7)Rates and Charges 8)Water Sales to Outside Parties Organization of Principles (continued) 9) Withdrawal,Termination of Membership and Sale of Assets 10) Liability of the Parties 12) Amendments to Agreement (to be inserted) 13) General Provisions(to be inserted) 2 Highlights of Sections Section 1: Definitions • System: the supply and transmission system as defined by the Engineering Working Group • Nomination of Supply: annual process to allocate water among the Parties • Units: similar to stock--represents what you own in the Agency Section 2: Agency Organization • Board appointed by the Parties-one per member • Board has full powers to act--as limited by ORS 190 statute and the Agreement • Voting: —Supermajority of double-majority for major actions(e.g.issuing debt,setting water rates, dissolution) —Simple majority for routine actions 3 Section 2: Agency Organization (continued) • There will be a transition process to the new Agency • Staff transferring into the Agency will be under state law provisions;Agency can retain staff it needs • Clear separation of Agency staff dedicated to operating the System and staff working on contracted services Section 2: Agency Organization (continued) • Agency is an enterprise utility,getting funds from rates,revenue bonds,SDCs,grants, but not GO bonds or property taxes • Agency will establish a regional SDC to finance growth Double-majority Concept Total Number of Percent of Members Members that Total Must Ownership Approve that Must Approve 10 6 or Over 50%or supermajority supermajority 4 Section 2: Unresolved Issues • Definition of Supermajority • Actual process of transition to new Agency • How PWB Staff would be transferred to Agency General Agency Organization Member Agencies Board of Directors Agency Director Supply System Staff for Contracted Staff Services Agency Functions and Assets Principal Functions Principal"Assets" 1. O&M on System 1.Portland Supply physical assets System 2. Contractual services 2. WCSL for others 3. Cash or in-lieu 3. Wholesale contracts funds from members 4. Plan,finance,build 4. New projects built system improvements by Agency 5 Section 3: The System • An appendix(not included)lists agreed value of the System and the System components • Bull Run rights to water not part of assets, but Agency has use of them • Parties own an undivided interest in the System,represented by their units Section 3: The System (continued) • The Parties authorize the Agency to bond and build defined list of capital improvements • Units in the Agency are valued as their book value • New parties can buy into the Agency,with Board approval by supermajority • Existing Parties can increase/decrease units Section 3: Unresolved Issues • What is the value of the System assets? • What will be paid for the use of Portland's Bull Run rights to water? • How will the Agency be capitalized--three options? 6 Section 4: System Use • Parties are not buying a right to a defined amount of water • Parties agree to a minimum allocation of water for rolling 10-year periods • Parties"nominate"water needs each year and the Board adjusts them to fit available water • Parties can buy interruptible and firm water Section 4: System Use (continued) • Agency supplies only Bull Run or well field water,except in emergencies • Parties have first right to water available, subject to wholesale contracts • Portland agrees to wheel water through its distribution system to westside Parties • Board establishes conservation and curtailment policies Section 4: Unresolved Issues • How much water will the Agency be required to sell under existing wholesale contracts that are extended? • Will the Parties nominate more water than the System can deliver? • What will be the remedies if a Party overuses the System? 7 Section 5: System Expansion • Agency will expand System to meet needs of the Parties Section 6: System Operations and Maintenance • System will be operated to meet generally accepted utility standards • Agency may operate distribution systems of the Parties or others,and provide other water-related services Conceptual Approach to Contractual Operations Aeencv Functions Contractee Functions 1. Continues to own its 1. O&M on Contractee's system System 2. Pays fee to Agency to 2. Monthly billing for operate system,and for services other functions,as agreed 3.Other services as 3. Sets rates for services to requested:e.g.capital its customers planning,construction j 4. Provides capital for system improvements 8 Section 7: Rates and Charges • Parties pay for water on cost-of-service basis--no subsidies or excess profits • Growth pays for growth • Contract services pay full costs Section 8: Water Sales to Outside Parties •. Portland will assign existing wholesale contracts to Agency • Agency will develop model wholesale contract Section 9: Withdrawal, Termination • Agency guarantees to buy out anyone leaving at a defined unit value and terms • Parties may be removed as owners involuntarily if they fail to meet terms of the Agreement 9 Section 10: Liability • Liability for backing the revenue bonds and other debt of the Agency is apportioned to the Parties according to their ownership • Agency covers tort liability for Board members and staff Section 11: Dispute Resolution • Three step dispute resolution process is set up • Decisions by supermajority of the Board are deemed final--appeal to the courts Sections 12 and 13: To be Added • Agreement Amendment Process • General Provisions 10 Proposed Bull Run Regional Drinking Water Agency July 25, 2002 To: Policy Steering Committee From: Ed Wegner, Chae Technical Advisory Committee RE: Transmission of Draft#2 of the Principles of Agreement At the June 27h meeting of the PSC you were provided with a briefing,on the analysis of various governance options. The PSC selected the ORS 190 inter-governmental agreement as the preferred option and directed the staff and consultants to develop principles of agreement for an ORS 190 Inter-governmental agreement. The TAC and working groups, with input from the public, have been very hard at work over the past few weeks to prepare this for you. Attached you will find the"Principles of Agreement"for a proposed regional drinking water agency. This is NOT an inter governmental agreement,but forms the basis upon which an ORS 190 inter- governmental agreement would be written. We are asking the PSC and the public,to review this Draft#2 of the Principles of Agreement and provide feedback to the Technical Advisory Committee.. We encourage you to discuss your comments, questions and concerns with your representative to the TAC We suggest that within about two weeks the PSC may want to hold an additional meeting with the primary agenda item to be receiving public comment on the principles. The TAC,with the assistance from the Governance Working Group would then prepare a final draft for the PSC's review and approval at your August 22, 2002 meeting. Under the guidance of consultant Bill Blosser and TAC liaisons Todd Heidgerken of Tualatin Valley Water District and Dave Rouse of the City of Gresham, the Governance Working Group members who have so ably assisted us are: Clark Balfour. Cable, Huston, Benedict, Haagensen&Lloyd, representing several water providers Brenda Braden, City of Tualatin Dan Cooper, Metro Jerry Linder, Clean Water Services Tim Ramis, Ramis, Crew, Corrigan and Bachrach, representing City of Tigard David Ris, City of Gresham Bill Scheiderich, City of Beaverton Ruth Spetter,Terry Thatcher and Pete Kasting, City of Portland Thank you. 1 2 3 4 5 6 7 S 9 Principles of Agreement 10 Bull Run Regional Drinking Water Agency 11 12 Draft #2 13 25 July 2002 DRAFT r2 0 1 Table of Contents 2 1) Definitions.......................................................................................................................2 3 2) Bull Run Regional Drinking Water Agency..............................................................3 4 3) The System.......................................................................................................................8 5 4) Source/Transmission System Use..............................................................................11 6 5) System Expansion and Improvement.......................................................................14 7 6) System Operations........................................................................................................15 8 7) Rates and Charges.........................................................................................................16 9 8) Water Sales to Outside Parties...................................................................................17 10 9) Withdrawal,Termination of Membership and Sale of Assets............................18 11 10) Liability...........................................................................................................................19 12 12) Amendments to Agreement (process description to be inserted)......................20 13 13) General Provisions (to be inserted)...........................................................................20 14 15 List of Appendixes.................................................................:......................20 16 DRAFTt2 1 Draft Proposed Principles of Agreement 2 3 4 1. Definitions 5 1.1. Agency: Bull Run Regional Drinking Water Agency 6 1.2. Agreement:The Bull Run Regional Drinking Water Agency agreement dated 7 ,as amended from time to time. 8 1.3. Board: the duly appointed elected officials who constitute the governing body of 9 the Agency. 10 1.4. Bull Run Regional Drinking Water Agency:An ORS 190 agency created under 11 the Agreement. 12 1.5. Capacity:the drinking water producing capability from the various components 13 of the System,measured in acre-feet,gallons,million gallons per day or gallons per 14 minute or other comparable measurement(including their metric equivalents), 15 available based on operating conditions consistent with generally accepted 16 engineering and operating practices.Such practices may be defined formally by the 17 Board in case of disagreement. 18 1.6. Equity Account: the account of each Party that records its number of units in the 19 Agency and the unit Value. 20 1.7. Cost-of-Service Model:a computer model adopted by the Board annually which 21 allocates costs to the Parties based on generally accepted cost-of-service principles. 22 1.8. Demand:the amount of water used by a Party and imposed on the System to 23 serve a Party's customers measured in acre-feet,gallons,million gallons per day or 24 gallons per minute or other comparable measurement(including their metric 25 equivalents). 26 1.9. Firm Water Delivery: (to be added) 27 1.10. Initial Capacity: for purposes of establishing initial water delivery allocations 28 and units of ownership,it will be assumed that the System,as of the date of 29 establishment of the Agency,has a peak-day capacity of 300 million gallons per day 30 (MGD). 31 1.11. Interruptible Water Delivery: (to be added) 32 1.12. Nomination of Supply:the document submitted by the Parties in accordance 33 with Section 4.1.4 which shows the Demands of each Party to be imposed on the 34 System. 35 1.13. Operating Agreements: the Agency may from time to time enter into agreements 36 with the Parties,or others,to manage and operate drinking-water-related facilities, 37 such as distribution systems. Such systems are not considered part of the System. DRAFT#2 2 1 1.14. Ownership:the value of the units in the Agency owned by a Party to the 2 Agreement. 3 1.15. Parties: the signatories to this agreement,as amended in accordance with Section 4 12,from time to time. 5 1.16. Secondary System Facilities: supply and transmission facilities that are not part 6 of the System but which are necessary or used to provide water to one or more 7 Parties. 8 1.17. System: stored raw water,water treatment facilities,transmission system,treated 9 water storage system, and other facilities necessary or used for the treatment and 10 conveyance of water to the Parties.The System is more specifically defined in 11 Appendix A,attached hereto,as amended by the Board from time to time. 12 1.18. Unit Value: the value of a unit of ownership in the Agency,as determined by the 13 Board according to the procedure provided in Section 3.5. 14 1.19. Wheeling: the transmission of water to a Party over another Party's Secondary 15 System Facilities. 16 1.20. Wholesale water: refers to the drinking water sold by the Agency to a Party. 17 18 2. Bull Run Regional Drinking Water Agency 19 2.1. The Board : 20 2.1.1. The Board shall consist of one member from each of the following Parties: 21 (insert list). 22 2.1.2. Each Board member shall be appointed by the governing body of its 23 respective Party and each shall be a sitting elected member of the governing 24 body of the Party. 25 2.1.3. Members shall serve at the pleasure of their respective appointing bodies. 26 2.1.4. Alternates:a governing body may appoint an alternate to a Board member, 27 which alternate shall be an elected official and shall serve when the principal 28 Board member is absent. Said alternate shall have the same right to vote as the 29 principal member. However,in the case where the absent member is an 30 Officer,the alternate shall not exercise the role of Officer. 31 2.2. Board's General Powers and Duties: 32 2.2.1. The Board shall govern the business and affairs of the Agency created by the 33 Agreement. 34 2.2.2. The Board shall adopt such bylaws,rules,regulations and policies,as it 35 deems necessary to carry out the Agreement. 36 2.2.3. The Board shall have the power to retain such employees as it deems 37 necessary and to contract for the purchase of property and services. DRAFT t 2 3 1 2.2.4. The Board shall have all powers necessary and incidental to the execution of 2 its specific duties,which powers shall be consistent with the Agreement and 3 law. 4 2.3. Board's Manner of Acting: 5 2.3.1. Meetings of the Board shall be conducted in accordance with the provisions 6 of the Oregon public meeting law,ORS Chapter 192. 7 2.3.2. The Board shall hold an organizational meeting within_weeks of the 8 signing of the Agreement and shall hold regular meetings at least quarterly. 9 2.3.3. Special meetings may be called with forty-eight hour's notice by the Chair or 10 a majority-less-one of Board members. 11 2.3.4. Voting: An affirmative vote of a supermajorityt of the Parties and an 12 affirmative vote of a supermajority of the Parties owning the majority of the 13 System shall be necessary to decide any issue related to the following major 14 actions: issuing debt,setting Wholesale Water rates,taking in new owners, 15 capital improvements or other asset additions to the System over$_that are 16 not included on the list in Part 1 of Appendix B,signing water sales agreements 17 to non-Parties,or dissolution2. A simple majority of the Parties shall decide all 18 other issues coming before the Board. 19 2.3.5. Merger or consolidation of Parties: if two Parties merge or consolidate 20 political boundaries or a Party transfers all of its assets in the System to another 21 Party,the new Party or Party becoming the owner of the assets shall have only 22 one voting representative on the Board.The resulting Party shall have the 23 combined rights to water from the Agency and the combined obligations of the 24 merging Parties. 25 2.3.6. When state,federal or local law requires that a Party approve or ratify a 26 Board action by separate action of that Party's governing body, the Party's 27 representative on the Board who votes to approve an Agency action shall in 28 good faith recommend that the Party's governing body take the action that was 29 enacted or approved by the Board and the Party's governing body shall 30 consider the recommended action in good faith. 31 2.3.7. A quorum for the transaction of business of the Agency shall consist of: (1)a 32 supermajority of the Parties and a supermajority of the ownership in the 33 System for major actions,as defined in Section 2.3.4 and(2)a majority of the 34 Parties for all other actions. 35 36 37 t The TAC has not settled on at definition of'supermajority',but was generally thinking that a vote of about 2/3 of the members would be the right number. Until the number of Parties is known,it will be difficult to precisely define this term,so it is being left ambiguous for the time being. 2 The PSC should consider the option of allowing the Board by supermajority vote to add other things to this list,for there may be Issues that we have not foreseen that the Parties would not want approved by a simple majority of the Parties. DRAFT#2 4 1 2.4. Officers: 2 2.4.1. The Board shall elect from among its members a Chair and a Vice-Chair who 3 shall be the Officers of the Board. 4 2.4.2. Elections shall occur at the first organizational meeting and annually 5 thereafter. 6 2.4.3. The Officers shall serve until a successor is elected. If an Officer is no longer 7 a member of the Board,a new Officer shall be elected at the next meeting of the 8 Board. 9 2.4.4. The Board may establish advisory groups composed wholly or partly of non- 10 Board members and non-Parties. 11 2.4.5. The Board may appoint an Executive Committee,whose powers shall be 12 defined in the Agency's Bylaws. 13 2.4.6. The duties of the Chair shall be (insert) 14 2.4.7. The duties of the Vice-Chair shall be (insert) 15 2.4.8. Vacancies: the Bylaws of the Agency shall establish a means by which the 16 Board addresses vacancies on the Board. DRAFT/2 5 1 2.5. Transition 2 2.5.1. It is assumed that there will be a transition period of a number of months in 3 order to start up the Agency. A first task of the Board shall be to define the 4 process,timeline and cost for the transition. The Agency may phase-in certain 5 operations or activities over time. 6 2.5.2. If required,the Parties will agree to provide interim financing for the Agency 7 during the transition period until regular revenues are received. 8 2.5.3. The Agency may retain staff on a temporary basis to assist in the transition, 9 which staff may become permanent staff if the Agency so determines. The 10 Parties do not intend that this clause supercede the provisions of state law with 11 respect to the transfer of employees into the new agency,as provided for in the 12 Section 2.6. 13 2.5.4. A key principle of the transition shall be that water service to the Parties or 14 wholesale contractors shall not be interrupted due to the transition. 15 2.5.5. The Parties intend that the Agency shall have full operating authority over 16 and responsibility for the System,with the possible exception of water rights. 17 To accomplish this,prior to signing the Agreement,the Parties will agree how 18 best to accomplish this transfer of responsibility and the Agency will have the 19 powers necessary to implement the transfer. 20 2.6. Labor and Personnel3: 21 2.6.1. If staff is transferred from the Parties to the Agency,the Agency shall follow 22 the provisions of ORS 236.610 et seq and ORS Chapter 243 in the incorporation 23 of existing staff of the Parties into the Agency. If the Agency directly 24 undertakes obligations presently the responsibility of the Portland Water 25 Bureau,it is the intent of the Parties that the Agency will fill the positions from 26 the staff of the Portland Water Bureau.Within the constraints of these laws and 27 according to such agreements as may.be bargained with the relevant parties, 28 the Agency may operate under the same or similar terms and conditions of the 29 existing labor contracts with the staff of the Parties. 30 2.6.2. The Parties shall agree,to the extent practicable,which employees of the 31 Parties who will be transferred to the Agency qualify for transfer under ORS 32 236.610 et seq. 33 2.6.3. The Agency shall have the power to undertake such procedures and enter 34 into such agreements as are necessary to transfer staff from the Parties to the 35 Agency. 36 2.6.4. The Agency shall have the authority to hire such staff as it needs,including 37 staff specifically assigned to support the activities of the Board. 3 The TAC and PSC should consider an aftemative where the Agency is established with minimum staff. In this case,the Agency would obtain the staff needed to operate the System by contract with the City of Portland,much as the JWC currently does with the City of Hillsboro. DRAFT n 6 4 1 2.6.5. The Agency shall clearly define which staff is assigned to the operation of the 2 System and which staff is assigned to operation of a Party's distribution system. 3 In cases where staff performs both functions,the Agency shall have a time and 4 financial accounting system that clearly records these costs separately. To the 5 maximum extent practical,the Agency shall assign staff wholly to operation of 6 the System or to the operation of a Party's distribution system. 7 2.7. Agency Financing and Financial Management: 8 2.7.1. The Agency is intended to be operated as an enterprise utility,all of whose 9 costs shall be paid for from user fees,systems development charges, grants, 10 revenue bonds and such other funds as may be available. 11 2.7.2. The Agency may establish a systems development charge in accordance with 12 state law to help finance the System,and the Parties agree to collect these fees 13 and remit them to the Agency. As required by law,the systems development 14 charge shall be set to equitably reflect the use of the System by each Party. 15 2.7.3. The Agency shall not have general taxing authority nor shall it issue General 16 Obligation bonds. 17 2.7.4. The Agency shall have all revenue raising authorities permitted under ORS 18 Chapter 190,including but not limited to seating Wholesale Water rates, system 19 development charges for the System,and issuance of revenue bonds. 20 2.7.5. The Agency shall prepare and adopt a budget for its operations consistent 21 with Oregon Budget Law. 22 2.7.6. The Agency shall maintain an accounting system that fully tracks costs and 23 revenues and provides monthly reports. This system shall clearly separate 24 accounts for operations and maintenance,capital expenditures,operations of 25 distribution systems,the reserve fund,and other accounts as determined by the 26 Board. 27 2.7.7. The Agency shall cause an independent audit to be performed annually by a 28 Certified Public Accountant licensed to do municipal auditing in Oregon. 29 2.7.8. The Agency's fiscal year shall begin on July 1 and end on June 30 each year. 30 2.7.9. Since a Party's ownership in the System might not equal its demand on the 31 system,a procedure will be established so that each Party earns a return on its 32 investment in the Agency. There will be no guarantee of a set rate of return. In 33 general,the rate of return the Agency would use in its calculations would be 34 the average cost of long-term borrowing for the Agency or a reasonable proxy 35 for this figure. It is expected that the rate of return used for water sales 36 contracts to non-Parties would be higher. 37 DRAFT t2 7 1 3. The System 2 3.1. System Value: 3 3.1.1. The System as of the date of the Agreement shall be valued in accordance 4 with the schedule of values listed in Appendix A of the Agreement. The value 5 listed therein is deemed by the Parties to represent the agreed value of the 6 System. 7 3.1.2. The value of contributions at a latter time of assets by the Parties or new 8 Parties shall be determined by negotiation and units shall not be issued to the 9 Party until approved by the Board. 10 3.1.3. The value of future capital improvements to the System shall be based on the 11 cost of the improvements. 12 3.1.4. System assets shall be depreciated in accordance with generally accepted 13 accounting principles,or the principle of useful life,as determined by the 14 Board. 15 3.2. Definition of System Components: 16 3.2.1. It is the intent of the Agreement that the System shall consist of those 17 components that are integral to the collection, storage,treatment and 18 transmission of raw and treated drinking water to the Parties.However,the 19 Parties acknowledge that there are Secondary System Facilities not part of the 20 System that are necessary or may be used to transmit water to some Parties. 21 3.2.2. The rights of the City of Portland to water in the Bull Run River are not 22 considered to be assets of the System.However,the City of Portland agrees as a 23 condition of its participation in the Agency to execute and defend such 24 documents as are necessary to guarantee the Agency the right to use said water 25 at(option 1:no cost;option 2:a cost of$_per year)to the Agency,subject only to 26 applicable state or federal law. The City of Portland further agrees to take all 27 actions necessary to maintain in force its rights to water and permits of all types 28 that affect obtaining water from the Bull Run watershed;the Agency shall 29 reimburse the City for its costs in undertaking these actions,or shall undertake 30 them on behalf of the City,as they mutually agree.The City of Portland further 31 agrees to support the Agency if the Agency elects to pursue complete 32 assignment of the water rights to the Agency. The Agency shall pay(option 1: 33 nothing;option 2:$ )for these rights. 34 3.3. System Ownership: 35 3.3.1. The Parties each shall own an undivided interest in the System. The number 36 of units in the Agency each owns shall define each Party's percentage of 37 ownership in the System.Such ownership percentages are based on the relative 38 contributions of funds or assets to the Agency in relation to the total value of 39 the System. DPAT rz 8 1 3.3.2. The total authorized units in the Agency as of the date of the Agreement shall 2 be (insert a number). 3 3.3.3. To recognize the value of systems development charges received by the 4 Agency from the territory of the Parties,the Agency would automatically issue 5 new units to recognize this in accordance with a procedure to be defined by the 6 Board. 7 3.3.4. The Agency shall maintain an accurate account of the units of each Party in 8 the Party's Equity Account. 9 3.3.5. The Parties agree that certain capital improvements are needed in the System 10 over the next 10(option: other number of years)years and wish to assure that 11 financing is available to build such facilities,approximately according to the 12 schedule therein,in Part 1 of Appendix B. To accomplish this,the Parties 13 approve issuance by the Agency of revenue bonds4 to construct the listed 14 facilities in accordance with the description and schedule in Part 1 of Appendix 15 B. For revenue bonds issues by the Agency,the Parties intend that the revenue 16 bonds for these projects shall be issued sequentially in accordance with the 17 funding needs of each project. The construction of these projects will not entail 18 issuing new units since each Party owns an undivided interest in the new 19 facilities in proportion to its percentage ownership in the Agency. 20 3.4. Initial Capitalization of Agency: 21 3.4.1. It is intended that the Agency be capitalized in three ways: (1)transfers to the 22 Agency of physical assets; (2)contributions of cash(which may be obtained by 23 a Party issuing revenue bonds);and/or(3) the Agency issuing revenue bonds 24 for which individual Parties have a direct obligation to service the debt(this is a 25 way for a Party to pay for their units over time). These sources of capital are 26 deemed to be equal with respect to how they are credited to a Party's Equity 27 Account. The Legal/Governance and Financial Working Groups and the TAC 28 have examined a number of different ways to structure the initial capitalization, 29 but have not yet reached a conclusion on which to recommend to the PSC. All 30 of the alternatives considered appear to be legal and do-able,but each carries 31 different types and degrees of risk and cost. The Working Groups wish to 32 emphasize that a fundamental issue affecting all these alternatives is 33 determining the value of the existing System assets. Until this is done,it may 34 be difficult for the Parties to decide which alternative makes the most sense. 35 The key alternatives that are under consideration are: 36 3.4.1.1. The"Rouse" Plan: the City of Portland and owners of the WCSL 37 would contribute the System assets to the Agency,receiving in return a 38 credit for the assets'value to their Equity Account. They would receive no 4 A basic characteristic of an ORS 190 entity is that the Issuance of revenue bonds by the entity must be approved by the governing bodies of the parties to the ORS 190 agreement. This paragraph provides a way for the Agency to have a 10-year initial period when revenue bonds would be pre-approved by the Parties for certain projects. This way,the issues that arise when a Party declines to approve one or more bonds would not arise for these projects. Projects not on the list would require the approval of the governing body of the Parties. Note: the Parties may decide to fund part of the list in Part 1 by contributing cash to the Agency. Part 1 would need to list the net amount that the Agency would bond. DRAFT#2 9 1 direct payment from the other Parties for these assets and would, 2 therefore,resolve bond payment obligations on their own. To achieve the 3 percentage ownership targets desired by the Parties,those who contribute 4 no assets or too few assets to achieve their ownership target would 5 commit to financing future capital improvements up to an amount needed 6 to bring the Equity Accounts to the target levels. An unresolved issue is 7 how the Parties who contribute assets or funds at the time of signing the 8 Agreement would be compensated by those who contribute their funds at 9 a later date. 10 3.4.1.2. Straight purchase of assets:this is the alternative detailed in footnote 11 5. This alternative has many financial issues related to the obligations 12 under Portland's existing bonds and to PERS,which are probably 13 resolvable,but potentially at considerable cost to the Agency. This 14 alternative was developed in greater detail than the others. Many of these 15 details are included in the footnote below.5 16 3.4.1.3. Asset Contract: another alternative is to have no actual transfer of the 17 ownership of existing assets to the Agency. Rather,the Agency could 18 contract for the use of the assets from Portland and the WCSL owners on a 19 long-term basis,paying the owners a defined fee for use of the assets. This 20 alternative would avoid most if not all of the difficulties with the transfer 21 of assets to the Agency in alternatives 3.4.1.1 and 3.4.2.1 above,and would 22 allow the Agency to control and operate the assets as if it were the owner. 23 However,it would not achieve the goal of many Parties to be an actual 24 owner of the existing System. They would,however,become direct 25 owners of future System improvements. 26 3.4.2. Once the Agreement is executed,each Party shall have voting rights on the 27 Board corresponding to its units of ownership. 28 5 (1)The Parties who are owners of the assets of the System at the time of signing the Agreement will transfer ownership of all of these assets to the Agency. The parties that have agreed to make cash contributions will transfer the cash to the Agency. The value of the assets,cash,and obligations in lieu of cash(i.e.agreeing to pay for the debt service on an asset,similar to how the WCSL was financed)shall be credited to the Equity Accounts of the Parties and corresponding units of ownership issued to them. (2) The intent is that ownership will be available only to those who take a significant ownership position in the Agency relative to their current or potential demand and financial resources. As a general ruk,Parties would buy into the Agency at least in proportion to their current demand on the system. Parties not curve,fly obtaining water from the System should plan to invest a minimum of$x million or an amount proportional to their expected demand on the system at a future date. (3) Appendix C lists the initial asset or cash contributions or in-lieu obligations of the Parties and the corresponding units of ownership each will have. (4) If required,from cash contributions received or revenue bonds issued,the Agency shall pay the City of Portland an amount equivalent to$ which money the City of Portland will use to defease its water revenue bonds or other Water Bureau-related bonds. (5) Appendix E defines the initial financial status of the Agency at the time of the Agreement,including revenue bonds to be issued,use of those funds,and the obligations of the Parties to service the revenue bonds. DRAFT 62 10 1 3.5. Valuation of Units 2 3.5.1. The value of a unit at the time of the signing of the Agreement shall be 3 $ per unit. 4 3.5.2. The Board shall annually determine the per unit value by the beginning of 5 each fiscal year. 6 3.5.3. The unit value shall be the Agency's book value divided by the number of 7 units outstanding. 6 8 3.6. Buy-in by New Parties: 9 3.6.1. New Parties may buy into the System from time to time with Board approval. 10 3.6.2. The new Parties will be issued units in proportion to their asset,cash or in- 11 lieu contributions to the System. 12 3.7. Purchase of New Units by Existing Parties: 13 3.7.1. Existing Parties may increase or decrease their number of units from time to 14 time with Board approval. 15 3.7.2. The Board shall adopt procedures to implement this by,for example, 16 enabling Parties to purchase new units directly from the Agency,to exchange 17 units among the Parties,or to pay a differential amount for new System assets. 18 19 4. System Use 20 4.1. Rights of Use: 21 4.1.1. Each Party shall use the System in a manner that is consistent with prudent 22 water utility operating practices and that minimizes the impact of that use on 23 the other Parties. 24 4.1.2. The Parties agree that constructing new components to the System is costly 25 and the Parties,therefore,agree to optimize the use of the existing System for 26 the benefit of the Parties before construction of new facilities. Such 27 optimization may include conservation measures,operational controls, 28 scheduling of water deliveries,and other methods. 29 4.1.3. Each Party shall have available to it sufficient Capacity in its system to serve 30 the Demand imposed by the Party on the System. 31 4.1.4. Nomination of Supply:each Party shall submit to the Agency annually no 32 later than a Nomination of Supply document. The Document shall set 33 forth the Party's projected Demand,Capacity to serve the Demand and any 34 deficiencies of Capacity.The document shall detail these Demand and Capacity 35 figures for the transmission,treatment and treated-water storage components 6 The legal and financial working groups will continue to examine altemative formulae and make a recommendation later to the PSC. DRAFT f 2 i t 1 of the System for a ten year period and for Raw Water for a fifty year period by 2 ten year increments. The demand figures shall be projected on the basis of 3 Peak Day,Peak Season and Annual Average. The Board shall define these 4 terms prior to the first year nominations are due. The Parties agree to inform 5 the Agency annually in their Nomination of Supply document if the Party does 6 not intend to take all the water listed in Appendix D,but the Party shall be 7 liable to pay for said water in cases where the Agency is unable to resell it in 8 whole or in part. Said payment shall only be for the actual cost to the Agency 9 of not selling the water. The Agency shall make a good faith effort to sell 10 surplus water. 11 4.1.5. Agency Consolidation of Nominations: after receiving the Nomination of 12 Supply document from the Parties,the staff of the Agency shall consolidate the 13 demand figures into one table and provide it,together with appropriate 14 analysis,to the Board for discussion and a decision. In the event that more 15 water is demanded than the capacity of the System,the Board shall pursue 16 measures to bring the demands into balance with System capacity,including 17 negotiating lesser demands with the Parties,and expanding the System. A 18 basic purpose of the Agency is to meet the needs of the Parties,so the Board's 19 goal in performing this consolidation function shall be to try to meet all 20 reasonable demands of the Parties. The Board shall have final authority to 21 allocate available capacity to the Parties. 22 4.1.6. Minimum Water Allocation: The Parties wish to have assurance that water 23 from the System will be available to meet their projected needs for the life of the 24 Agreement. Appendix D lists the minimum annual,peak-season and peak-day 25 water deliveries year-by-year that the Agency shall plan to deliver to the Parties 26 at their point of delivery for the first 10 years of Agency operation. These 27 amounts shall not exceed the Capacity of the System as presently constituted or 28 as it will be constituted after construction of the projects listed in Part 1 of 29 Appendix B. The Agency may adjust said projected deliveries proportionally 30 in cases of drought,delays in project construction,or other occurrences limiting 31 the amount of water available for delivery. Before the end of the first 10-year 32 operating period of the Agency,the Board shall establish revised Minimum 33 Water Allocations for the subsequent 10-year period,and shall conduct a 34 similar process for similar periods thereafter. 35 4.1.7. Reliability: in the Nomination of Supply document,the Parties shall indicate 36 the level or levels of reliability they expect:firm or interruptible. It is 37 contemplated that a Party to the Agreement may demand only interruptible 38 water,but this fact shall not change their capital contribution obligations. The 39 level of reliability selected by a Party is its option and shall not be dictated by 40 the Agency. The Agency would charge differential prices for water based on 41 the reliability requested based on the principle that firm water will be more 42 costly. The Board shall define what the terms"firm"and"interruptible"mean, 43 but,in general, "firm"means that the delivery of water would not be 44 interrupted except in cases where general curtailment is needed because of 45 emergencies or drought; "interruptible"means that the Agency could stop DRAFT#2 12 1 delivering water under specific circumstances,which the Board would define 2 prior to the Parties submitting their Nomination of Supply documents. The 3 Board may also define other rate categories,as needed. 4 4.1.8. Substitution:the Agency shall only deliver water to the Parties from the Bull 5 Run watershed or the Columbia South Shore Wellfield,except in the event of 6 emergencies. The Board shall define the term"emergency". In planning for 7 emergencies,the Parties will agree ahead of time on what substitutions will be 8 permitted by each Party. In the case where agreement is not reached,the 9 Agency will have no obligation to delivery water to the non-agreeing Party 10 during emergency occurrences. The Parties foresee building interconnections 11 with other supplies in addition to those that already exist for emergency back- 12 up purposes. Emergency supply connections and agreements existing at the 13 time of signing the Agreement are listed in Appendix A. The Board shall 14 update this list when changes occur. 15 4.1.9. The Parties have first right to the water available from the System. Water 16 that is surplus to the needs of the Parties may be sold by the Agency to non- 17 Parties on contract.The Agency shall provide a water reserve that may be used 18 to meet the unforeseen needs of the Parties. The Board shall have the sole 19 discretion to determine what is an adequate reserve. 20 4.1.10. The Parties agree that the intent is to terminate without penalty their 21 wholesale contracts with Portland and substitute water purchase agreements 22 with the Agency. This process shall assure that there is no interruption of 23 service. 24 4.2. Secondary System Facilities Use: Since certain Parties are not served directly by 25 the System,those Parties that own facilities that enable such Parties to receive water, 26 agree to execute Wheeling agreements with the Agency,on a cost-of-service basis, 27 to ensure delivery of System water to those Parties not served directly by the 28 System7. Parties served by wheeling agreements as of the date of the Agreement, 29 who increase their Demand,shall not be entitled to increased delivery of water 30 through these facilities unless the Party owning the facilities agrees to the increase. 31 The Parties recognize that arrangements exist among some of the Parties prior to 32 signing the Agreement to wheel water between the Parties that do not fit the 33 conditions described above in this paragraph. The Parties intend that these 34 arrangements shall continue and shall not be deemed to violate the provision 35 against reselling of water by the Parties. 36 37 38 39 7 The PSC should also consider the option of requiring the Parties to wheel water over their systems,where capacity is available,to wholesale customers of the Agency. DRAFT 12 13 1 4.3. Overuse and remedies for Overuse8: 2 4.3.1. The Board shall set reasonable standards for when a Party shall be deemed to 3 have overused the System.If overuse occurs,the Party shall be subject to 4 appropriate remedy,which may include payments or curtailment. 5 4.3.2. Remedies for Overuse: (insert) 6 4.4. Conservation and Curtailment: 7 4.4.1. The Board may adopt water conservation standards for the Parties,which the 8 Parties agree to implement.9 Such standards shall be uniform among all similar 9 classes of uses.However,said standards shall only apply to the Parties with 10 respect to the water they obtain from the Agency. 11 4.4.2. The Board may adopt reasonable penalties for Parties failing to implement 12 conservation measures. 13 4.4.3. The Board may adopt a curtailment plan and reductions,which plan shall 14 provide for pro rata reductions by the Parties. However,in'determining 15 curtailment percentages,the Agency may not(option:may)consider alternative 16 sources available to the Parties. (Note: in the case where the Agency reduces a 17 Party by a greater than proportional amount because it has alternative sources, it 18 would need to figure in compensation to that Party if its costs for the alternative source 19 are higher). 20 4.4.4. The Board shall define the curtailment methods and reasonable notification 21 procedures. 22 23 5. System Expansion and Improvement 24 5.1. Expansion and Improvement requirements: 25 5.1.1. The Agency shall plan to expand the System when the Parties are projected 26 to use all the Capacity within a reasonable planning horizon,or at such time as 27 the Board deems appropriate. 28 5.1.2. The Parties agree that the capital expansion projects to the System listed in 29 Appendix B are likely to be needed over the next 50 years in accordance with 30 the schedule contained therein and the Agency is authorized to construct those 31 facilities listed in Part 1 of Appendix B,in accordance with the schedule and as 32 limited by the revenue bonding authorized in 3.3.5. 33 5.1.3. If the Board determines that projects not on the list in Part 1 of Appendix B 34 are needed,and all the Parties do not agree to build the project as part of the 8 This section was added because It Is part of the JWC agreement. However,it may not be needed in this Agreement,so the PSC should consider removing it after discussion. 9 The City of Portland presently does not require conservation as a condition of its wholesale contracts. The issue of any entity setting conservation targets or standards for others has been much debated in the Region. It seems logical that once the Parties come together to form an Agency,they would want to be able to set uniform conservation standards. But,some may not agree,so this is a debatable issue for the PSC. DRAFT#2 14 1 System,the Board by supermajority,at its sole discretion,may provide for the 2 Agency to build,manage and operate such improvements. The Board shall 3 negotiate reasonable terms for this service and these terms shall not impose any 4 obligations on non-participating Parties. 5 5.1.4. Based on the Nomination of Supply document submitted in 4.1.4,the Board 6 shall use reasonable standards to determine when the System shall be 7 expanded beyond the list in Part 1 of Appendix B,and shall revise the list in 8 Appendix B accordingly. 9 5.1.5. No later than June 1,2007(option:set any date),the Board shall submit to the 10 Parties a list of projects (with budgets and schedules)that it believes will be 11 needed to meet the needs of the Parties for the 10-year period after completion 12 of the Part 1 projects in Appendix B. It is the intent of the Parties to agree to a 13 list of projects and to have the governing bodies of all Parties approve said list 14 and associated revenue bonding no later than November 1,2008. In the case 15 where all the Parties do not agree to approve revenue bonding for a new list of 16 projects,the Board,at its sole discretion,may allow non-'fisted projects to be 17 constructed by a subset of Parties; appropriate financing and cost 18 reimbursement methods shall be established so that non-participants are not 19 liable for the projects,do not pay for them,and do not receive the benefits of 20 them. 21 5.2. Notice:The Agency shall provide the Parties_days of written notice of the 22 intent to expand or improve the System. 23 24 6. System Operations and Maintenance 25 6.1. Operation and Maintenance of the System: 26 6.1.1. The Agency shall operate and maintain the System in accordance with 27 generally accepted maintenance standards of comparable US water utilities. 28 6.1.2. The Agency shall adopt protocols for the System to provide for the equitable, 29 effective and efficient operation of the System. The Board shallappoint a 30 technical committee from the staff of the Parties to develop these protocols and 31 recommend them to the Board for adoption. The Parties recognize that there 32 may be more than one way to transmit water over the System and the 33 Secondary System Facilities to the Parties. Also,there may be tunes during 34 emergencies or drought when it may be necessary to transmit water via 35 alternative facilities. As a general principle the Parties agree to operate the 36 system to maximize efficiency,lower costs and equitably serve the Parties. The 37 operating protocols may be updated,as needed. 38 6.1.3. The Parties shall adopt operating protocols for their own systems which 39 demonstrate a best efforts and good faith effort to conform with the Agency's 40 protocols to assure that the Party shall have the Capacity to take delivery of 41 water in accordance with its approved Nomination of Supply. DRAFT e 2 15 1 6.1.4. The Agency shall operate the system in a manner consistent with all 2 agreements among the parties and all applicable local,state and federal laws. 3 Consistent with these agreements and laws,the Agency may set operational 4 standards that exceed the standards in these laws. 5 6.2. Operations of Distribution Systems and Other Services: 6 6.2.1. The Agency may enter into contracts with the Parties or others to operate 7 their distribution systems or other drinking water-related systems or services. 8 6.2.2. The agreements shall adequately protect the Agency and the Parties from 9 liabilities associated with providing the contracted services. 10 6.2.3. The Agency may perform such services as are necessary to execute these 11 contracts. 12 6.2.4. The Agency shall not become the owner of the assets of the systems that it 13 operates. 14 7. Rates and Charges 15 7.1. System: 16 7.1.1. Parties shall be charged for water delivered by the System on generally 17 accepted Cost-of-Service principles.The intent is that each Party pays its cost of 18 service and that no Party either pays or receives a subsidy. Such principles 19 shall consider a Party's use of the System and the allocation of charges shall be 20 based on such use.Charges to the Parties and non-parties shall fully cover the 21 Agency's revenue requirements. Charges to the Parties shall take into 22 consideration the value of a Party's Equity Account. 23 7.1.2. The Parties intend that rate for Wholesale Water shall provide funds for 24 capital improvements needed to maintain the System in good operating 25 condition and to replace depreciated parts of the System. The Parties also 26 intend that the Wholesale Water rate may also include a fee to establish a 27 separate Reserve Fund to be used for emergency repairs and emergency capital 28 improvements not elsewhere provided for in the Agreement. 29 7.1.3. A general principle for setting rates for new facilities built to accommodate 30 growth shall be that"growth pays for growth". A general principle for funding 31 facilities built to accommodate growth shall be through a regional systems 32 development charge. 33 7.1.4. The cost of service to the Parties shall be as determined by the Cost-of-Service 34 Model. Said model shall be adopted annually by the Board,and updated as 35 needed to maintain a reasonable allocation of charges. 36 7.1.5. For delivery of water to Parties west of the Willamette who do or could 37 receive water from the Washington County Supply Line,the cost of wheeling 38 water through Portland or operating the Washington County Supply Line shall 39 not be specifically allocated to individual Parties. Rather,they shall be 40 allocated equally using cost of service principles. 1s DRAFT a 1 7.1.6. Within three months after the end of each fiscal year,the Agency shall 2 calculate the actual cost-of-service costs of water delivered to each Party during 3 the previous fiscal year and debit or credit the Parties for these actual costs. 4 7.2. Distribution Systems and Other Services: 5 7.2.1. The cost for providing services shall,at a minimum,reimburse the Agency 6 for its costs,including overheads and other indirect costs. 7 7.2.2. The Agency shall maintain an accounting system that fully tracks the costs 8 and revenues for these services and shall establish separate enterprise funds as 9 needed to maintain separation of Agency and non-agency funds. 10 7.2.3. The Agency shall not issue revenue bonds for a Party's distribution system. 11 7.3. Monthly Payments: 12 7.3.1. Each Party or contractee of the Agency shall make monthly payments to the 13 Agency for operation and maintenance expenses,capital improvements and 14 other upgrades in accordance with this Section. 15 7.3.2. The Agency shall send monthly billings to the Parties and contractees for all 16 payments due the Agency,which billing shall be due within 30 days of the 17 invoice date.Late-or non-payment fees,interest charges and penalties shall be 18 determined by the Board. 19 20 8. Water Sales to Outside Parties 21 8.1. The Agency shall have authority to enter into contracts to sell water to non- 22 parties to the Agreement. 23 8.2. Portland intends to transfer without penalty its existing wholesale contracts with 24 non-parties to the Agency as of the date of the Agreement. In the case where a 25 wholesaler owes money to Portland at the.date of the Agreement,the Agency 26 agrees to assume the accounts receivable and pay Portland the amount. However, 27 in the case that the City is unable to transfer these contracts,it will continue to 28 service them. 29 8.3. A model contract for sale of water will be provided in an appendix to the 30 Agreement. The purpose of drafting the wholesale contract ahead of time is for the 31 Parties to understand what commitments the Agency will be making in new 32 contracts. Said model contract may be amended from time to time by the Board 33 and shall be the contract used for these water sales. 34 8.4. Parties to the Agreement shall not resell water delivered to them10. However,in 35 the event that the City of Portland is unable to assign existing wholesale contracts to 36 the Agency,the City shall be allocated sufficient water to cover those obligations 37 and shall be permitted to deliver water to the contractees under the terms of the 10 The TAC and PSC should consider whether it should allow the Parties to continue selling water to their existing wholesale contractors. As written,this clause would require that these contracts be terminated,which may be legally difficult. DRAFT t 2 17 1 contracts. 2 3 9. Withdrawal,Termination of Membership and Sale of Assets 4 5 9.1. Voluntary Withdrawal or Termination of Membership 6 9.1.1. As a general principle it is the intent of the Parties that voluntary withdrawal 7 from the Agency shall be difficult. 8 9.1.2. Any Party may elect to terminate its participation in the Agreement and 9 withdraw from the Agency by giving written notice of its desire to terminate to 10 all other Parties,and stating the date for termination which shall be not less 11 than eighteen months(option:other time period) from the date of the notice of 12 termination. 13 9.1.3. Parties may terminate participation only in the entire System,not in 14 components of the System. 15 9.1.4. The Agency shall purchase the terminating Party's units under these terms: 16 the value per unit shall be the then-existing Board approved unit value;the 17 payment shall be made over twenty years beginning the next fiscal year after 18 the termination occurs;the interest on the unpaid balance shall be at the 19 Agency's then-existing average cost of debt less 100 basis points(option: some 20 other interest rate). Nothing shall prohibit the Board,by supermajority of the 21 remaining Parties,to agree to different terms.The Agency may pay all or a 22 portion of the price at any time without penalty. Upon the initial payment,the 23 defaulting party shall be deemed terminated and have no further interest 24 herein except those binding obligations and commitments of that defaulting 25 party as provided in other provisions of the Agreement. 26 9.1.5. In order to prevent a very large owner in the Agency from creating a fiscal 27 crisis for the Agency,any Party with an ownership interest in the System that 28 exceeds twenty-five percent(option:some other figure)who wishes to leave the 29 Agency agrees to remain a Party until such percentage drops below fifteen 30 percent(option:some other figure),unless the Agency agrees to purchase said 31 ownership interests under mutually satisfactory terms and conditions,as 32 provided for in this Section. 33 9.1.6. Upon completion of the transaction,the Agency may elect in its sole 34 discretion to provide water to the leaving party under a wAholesale water 35 purchase contract. 36 37 9.2. Involuntary Withdrawal or Termination of Membership 38 9.2.1. If a party violates or breaches a material term of the Agpeement,including 39 non-appropriation of funds,then,upon 30 days'written notice,the following 40 occurs: DRAFT#2 18 1 9.2.1.1. Voting rights are suspended from the effective date of notice 2 (suspension) during the period a party is in default until the default is 3 cured or the Dispute Resolution procedures result in a decision finding no 4 default occurred and the party is reinstated to membership.The Board,in 5 its sole discretion,may determine that termination of the party's 6 membership is appropriate,not reinstatement. In such case,and after 7 Dispute Resolution processes are exhausted affirming the declaration of 8 default,the Board may terminate the party's interest and pay the 9 terminated party according to this Section. 10 9.2.1.2. Upon suspension,the Party shall continue to receive its current 11 allocation of water from the Agency at the same Wholesale Water rate and 12 on substantially the same terms as it was receiving water prior to the 13 notice of suspension. 14 9.2.1.3. If the Board determines to terminate the defaulting party's 15 membership,and if the declaration of default is affirmed under the 16 Dispute Resolution process,then notwithstanding any other provision 17 herein,the Agency shall upon 90 days'written notice purchase the 18 defaulting party's proportionate interest in the Agency and assets at 19 original cost less depreciation(option:other formula). The Board shall make 20 payment over 20 years(beginning the next fiscal year after the termination 21 occurs)with the unpaid balance accruing interest at the Agency's average 22 cost of debt less 150 basis points(option:some other interest rate).The 23 Agency may pay all or a portion of the price at any time without penalty. 24 Upon the initial payment,the defaulting party shall be deemed terminated 25 and have no further interest herein except those binding obligations and 26 commitments of that defaulting party as provided in other provisions of 27 the Agreement. 28 9.2.1.4. Upon termination,the Agency may elect in its sole discretion to 29 provide water to the terminated party under a wholesale purchase 30 contract. 31 9.3 Dissolution of the Agency (to be inserted) 32 33 10. Liability 34 10.1. A Party's liability for the debt of the Agency shall be in accordance with a Party's 35 percent ownership. 36 10.2. To the extent it determines reasonable,the Board shall obtain insurance to limit 37 the Parties'liability to their percentage of ownership. 38 10.3. A leaving Party shall remain liable for its unit of the debt of the Agency at the 39 time of its notice to leave,unless the Agency or other Parties agree to assume this 40 liability. DRAFT t 2 19 1 10.4. Tort Liability of the Parties: The Agency shall maintain insurance to cover the 2 tort liability of Board members and staff acting in their capacity as agents for the 3 Agency- 4 11. Dispute Resolution 5 11.1. The Parties agree that decisions by the Board by supermajority shall be final and 6 Parties disagreeing with such decisions shall proceed directly to step 3 in this 7 dispute resolution process. For all other disputes between a Party and the Agency 8 or among the Parties,steps 1 and 2 shall occur first. However,nothing shall prevent 9 the disputing parties from waiving any of the steps by mutual consent. 10 11.2. Step 1: Negotiation: each party to a dispute shall designate a person to represent 11 them in attempting to resolve the issue. If the dispute is resolved at this step,there 12 shall be a written determination of such resolution,signed by the designated 13 representative and ratified by the governing bodies,which shall be binding upon 14 the parties. 15 11.3. Step 2: Mediation: If the dispute cannot be resolved within thirty days at Step 1, 16 the parties shall submit the matter to non-binding mediation. The parties shall 17 attempt to agree on a mediator. If they cannot agree,the parties shall request a list 18 of five mediators from an entity or firm providing mediation services. A mediator 19 shall be selected by mutual agreement of the parties,or,failing such agreement,by 20 random lot from the list of five names. Any common costs of the mediation shall be 21 born equally by the parties. If the issue is resolved at this step,a written 22 determination of such resolution shall be signed by the person representing the 23 parties and ratified by the governing body of each party,which shall be binding on 24 the parties. 25 11.4. Legal Action: After exhaustion of Steps 1 and 2,the Parties may initiate litigation 26 in the Circuit Court of the State of Oregon for County. 27 11.5. Each party shall bear its own legal and expert witness fees. 28 12.Amendments to Agreement (to be inserted) 29 13.General Provisions (to be inserted) 30 13.1.1. Notices 31 13.1.2. Severability 32 13.1.3. Counterparts 33 13.1.4. Force Majeure 34 13.1.5. Survival of Covenants 35 DW 02 20 1 ° z Appendixes 3 A. List of System Assets 4 B. Capital Projects 5 C. Units of Ownership in the Agency 6 D. Demand Projections of the Parties 7 E. Initial Financial Status of Agency 8 DRAFT t 2 21 REGIONAL WATER PROVIDERS CONSORTIUM BOARD MEETING Minutes of June 5,2002 Consortium Board Chairman Les Larson called the Regional Water Providers Consortium Board Meeting to order at 7:04 p.m. The meeting was held in the Metro Council Chambers/Annex. Elected representatives from eighteen Consortium member agencies were present at the meeting (which is a quorum),including City of Beaverton, Clackamas River Water, City of Gladstone, City of Gresham, City of Hillsboro, City of Lake Oswego,Metro, Oak Lodge Water District, City of Portland,Powell Valley Road Water District,Rockwood Water PUD, City of Sandy, Sunrise Water Authority, City of Tigard, City of Tualatin,Tualatin Valley Water District,West Slope Water District, and City of Wilsonville. Consortium member agencies not represented by elected officials at this meeting included the City of Fairview, City of Forest Grove, City of Milwaukie,Raleigh Water District, and South Fork Water Board. Introductions: Introductions were made. Those in attendance included Councilor Joyce Patton and Richard Sattler from the City of Tigard; Councilor Steve Chrisman and Mike McKillip from the City of Tualatin; Commissioner Bruce Fontaine,Dale Jutila and Susan Adams-Gunn from Clackamas River Water; Councilor Susan McLain from Metro; Commissioner A.P. DiBenedetto and Jerry Arnold from West Slope Water District; Commissioner Erik Sten,Dennis Kessler and Judi Ranton from the City of Portland; Commissioner John Huffinan and Tom Pokorny from Powell Valley Road Water District; Commissioner Les Larson,Katherine Willis and Paul Savas from Oak Lodge Water District;Vice President Jim Duggan and Greg DiLoreto from Tualatin Valley Water District; District Board President Sandra Ramaker and Harvey Barnes from Rockwood Water PUD;Mayor Charlotte Lehan and Jeff Bauman from the City of Wilsonville; Commissioner Mike Grimm, John Thomas and Kim Anderson from Sunrise Water Authority; Mayor Charles Becker,Dale Anderson,Keely Thompson and Rebecca Skones from the City of Gresham; Councilor Don Allen from the City of Sandy; Dan Bradley and Kim Swan from South Fork Water Board; Councilor Forrest Soth from the City of Beaverton; Commissioner Will Crandall and Tacy Steele from the City of Hillsboro; Councilor Ellie McPeak and Joel Komarek from the City of Lake Oswego; Councilor Carl Gardner from the City of Gladstone; Pat Brown, citizen; Herb Brown, citizen; and Lorna Stickel,Rebecca Geisen and Patty Burk from the City of Portland/Consortium Staff. Approval of Minutes for December 5,2001 and March 6 and 28,2002• A motion was made by Councilor Forrest Soth and seconded by Commissioner Mike Grimm to approve the meeting minutes of December 5,2001 and March 6 and 28,2002. The Consortium Board unanimously approved the minutes as written. Public Comment: There was no public comment given. Consortium Board Meeting Minutes of June 5, 2002 Approval of an Amendment to the Consortium Staffing Intergovernmental Agreement: Lorna Stickel thanked the Consortium Board members for their attendance at this meeting.Ms. Stickel reported that the City of Portland has provided the staffing of the Consortium for the past five years under an Intergovernmental Agreement(IGA)between the Consortium Board and the Portland City Council. Ms. Stickel said the current Consortium Staffing Intergovernmental Agreement terminates on June 30,2002. Ms. Stickel noted that the Portland City Attorney's office advised that the best way to extend the staffing agreement was with a simple amendment. The Portland City Council approved the amendment. Ms. Stickel advised that the staffing IGA amendment extends the termination date to June 30,2005. She noted that the Consortium Technical Subcommittee(CTSC)decided that a three-year extension would allow for the possibility of a different regional entity to develop. Ms. Stickel commented that the amendment was provided in the meeting materials packet. Mayor Charles Becker moved to approve the amendment to the Regional Water Providers Consortium Staffing Intergovernmental Agreement which extends the termination date to June 30, 2005. Councilor Don Allen seconded the motion. The motion to approve the amendment to the Regional Water Providers Consortium Staffing Intergovernmental Agreement was unanimously approved by the Consortium Board. Election of Officers: Chairman Les Larson noted that next on the agenda was the election of a new Consortium Board Chairman and Vice-Chairman. Chair Larson said the new officer's term would commence at the September 2002 Board meeting and would be for one year. Chair Larson opened the nominations for Chairman. Commissioner Mike Grimm nominated Commissioner John Huffman from Powell Valley Road Water District for the position of Consortium Board Chairman. There were no other nominations. Councilor Don Allen seconded the nomination. The Consortium Board unanimously approved the nomination of Commissioner John Huffman as the new Consortium Board Chairman. Chair Larson reminded the Board members that the Consortium Board Chair and Vice-Chair must come from different counties. Chair Larson advised that since Commissioner Huffman is from Multnomah County,the new Vice-Chairman will need to be from Washington or Clackamas County. Chair Larson nominated Commissioner Mike Grimm from Sunrise Water Authority. There were no other nominations. Tualatin Valley Water District Board Vice- President Jim Duggan seconded the nomination. The Consortium Board unanimously approved the nomination of Commissioner Mike Grimm as the new Consortium Board Vice-Chairman. Regional Water Supply Plan Update: Lorna Stickel commented that the first year of the Regional Water Supply Plan(RWSP)Update is almost complete. Ms. Stickel reported that work on the RWSP Update is progressing in all sectors. She noted that all of the consultants are on board and work is proceeding. Ms. Stickel said the Consortium is approaching a time in RWSP Update when involvement from the Executive Committee and the Board will begin to intensify. 2 Consortium Board Meeting Minutes of June 5,2002 Water Demand Forecast—Ms. Stickel reported that data entry is continuing for those entities that have provided production data. The service area map is still being developed within the Portland GIS section, as the Metro mapping was determined to be useful but not complete. She noted that work is anticipated to be complete on the map by June 15. Ms. Stickel said discussions with Metro are scheduled to determine the nature of the population and employment forecasting that can be provided prior to the completion of the allocated 20-year forecast being developed by Metro this year. Ms. Stickel reported that water production data has been submitted by a number of Consortium entities. Ms. Stickel advised that the information will be used to create individual water provider forecasts. Conservation Review—Lorna Stickel reported that Planning and Management Consultants Ltd. (PMCL)from Carbondale Illinois has been selected to do the conservation review. Ms. Stickel stated the budget for this work had to be increased but that it did not result in an increase in the overall Consortium budget. The first work tasks on the conservation review and update had begun with a meeting on May 7 between PMCL,the Conservation Committee, and some members of the Consortium Technical Committee(CTC). This meeting focused on identifying what the Consortium currently knows about the conservation strategy of the RWSP, the interim report recommendations of 1999,the regional implementation program, and other local data on conservation programs. She said the group then addressed the programs that should be added to the review,the criteria to be used for evaluating the programs, and the types of targets for savings that should be developed for inclusion in the update decision making. This review project will allow a review of programs that can be designed to meet provider, sub-regional, or regional needs. Source Options—Ms. Stickel reported that Economic &Engineering Services, Inc. (EES)has been hired to do the Source Options Analysis review and update. EES has worked with the CTSC to develop two technical memorandums. The first memorandum is a review of the policy objectives and criteria to be used in evaluating source options; the second is an update of the source options included in the RWSP as well as new developments since the Plan was endorsed in 1996. Ms. Stickel commented that both memorandums could be found in the Consortium Board material packet. Lorna noted that work is also beginning on updating the data sets,which will be utilized in the Confluence model related to costs,water rights, and hydrology. Integration Modeling—Lorna Stickel commented Gary Fiske and Associates has been selected to do the work on the Integration Model. Work has begun on developing the base case map for the region and was included in the meeting materials packet. Ms. Stickel reported that Mr. Fiske has worked with the CTSC and various water providers throughout the region to develop the base case for the model so that representations of the region's primary water systems are accurate. Ms. Stickel advised work has also begun to populate the data sets for the Integration Model. Public Involvement—Ms. Stickel advised that the first newsletter has been printed and was mailed the week of May 6. This newsletter introduces the project and includes a questionnaire and mailing list update form to be mailed back. She said this first newsletter is being sent to 3,600 persons and agencies on the Consortium mailing list that has been developed over several 3 Consortium Board Meeting Minutes of June 5,2002 years. It is expected that the mailback requirement will result in a significant update of the mailing list,including a reduction in its size. A summary of the responses to the questionnaires is being prepared and will be sent out as soon as it is completed. Ms. Stickel commented that the Consortium website is being updated overall, and information about the Update will be placed on the website, including the newsletters, as they are developed. Mayor Charlotte Lehan commented that she has talked with Consortium staff regarding some inaccuracies in the technical memorandum from EES regarding the update of water source options included in the RWSP as well as new developments since the Plan was endorsed in 1996. Mayor Lehan stated the City of Wilsonville came on line with a new water supply on April 29, 2002. She noted the transition went very smoothly and there were no complaints about dirty water. Mayor Lehan said the water quality has been exceptional and their customers have been very happy. She noted that the City of Wilsonville will be working with the Consortium staff and consultants to make changes and updates in the memorandum that include Wilsonvi lle'swater source. Mayor Lehan commented that they would be havinga brat new of the Wilsonville Treatment Plant later in the summer and would be invilting all ingerestedation parties. Commissioner Jim Duggan commented that readers of the technical memorandum regarding th update of water sources in the RWSP may interpret incorrectly the role that Tualatin Valley e Water District(TVWD)has in the Wilsonville Treatment Plant. Commissioner Duggan stated that TVWD is a forty-nine percent owner of the land and a thirty-three treatment plant with the City of Wilsonville. He noted that if d the memorandum, may be misconstrue that TWVD participated in the intake only and nothing else. Commissioner y Duggan advised that he will be asking his general manager to work with the Consortium staff so that proper representation is accurate in the final document with regards to the ownership participation of the Tualatin Valley Water District in the Wilsonville Treatment Plant. Councilor Susan McLain commented that the first RWSP Update newsletter was very that she had recently been to a few meetings at which water issues were discussed. ouncilor d McLain asked if there were extra copies of the newsletter that could be sent to the Consortium members for distribution at meetings that discuss water and regional water supply issues Councilor McLain encouraged Consortium entities to make presentations to their Board, as was done with the original RWSP,regarding the Update when the preliminary recommendations are made. She hopes that the water providers will dedicate FTE and budget, as necessary, to make these presentations. Lorna Stickel commented that as outlined in the RWSP Update Public Information Plan, a speakers bureau has been identified and is available to make such presentation. Conservation Committee Re ort: Rebecca Geisen reported that the Consortium Conservation Committee (CCC)has been working diligently with Dodge, Schmitgall, inc. (DSI)on the new summer marketing campaign which will kick off in July. The focus of the new campaign is on outdoor use and reducing peak season water use. Ms. Geisen noted that this summer's messa e is one inch of water over the course of a week is enough to maintain a healthy lawn. The g radio 4 Consortium Board Meeting Minutes of June 5,2002 is one inch of water over the course of a week is enough to maintain a healthy lawn. The radio and television advertisements will also encourage people to visit the Consortium website for more conservation information. Ms. Geisen said she hoped to have the radio and television spots available at this meeting,however,the shooting schedule was delayed due to rain. Ms. Geisen reported that she will be appearing on the KEX radio Garden Doctor show, In the Garden with Mike Darcy, Oregon Live, and AM Northwest. DSI is updating the Consortium website. The website will go live in July along with the kick off of the summer marketing campaign. She commented that the new website is very attractive and easy to navigate. Ms. Geisen noted that the Clean Water Festival was held the weekend of March 22,2002. She said for the past nine years the Coalition and the Consortium have had an active role in the festival. Ms. Geisen said that 1,500 children and 40 teachers participated in the festival. The Consortium sponsors a teacher resource room and stage performance. The Clean Water Festival was held at Portland Community College's Rock Creek Campus. Ms. Geisen advised that the cartoon map was completed and 22,000 maps had been printed. She noted that each Consortium entity would receive 300 maps and many entities purchased additional copies. Ms. Geisen reported that February 6-7,2002 at Clackamas Community College, the Irrigation Association in conjunction with United Pipe put on an annual Certified Landscape Irrigation Auditor training class and certification program. The Consortium Conservation Committee sponsored$150 grants to contractors who qualify for them. The program is designed to encourage landscape contractors to provide professional services and information about water wise landscaping and water efficiencies. The CCC awarded eight grants. Rebecca reported that a conservation survey was developed and sent to all the Consortium entities to collect information about conservation programs that each entity is currently doing, how much money entities allocate to conservation programs and how much staff time is dedicated to the implementation of conservation programs. Ms. Geisen reported that two workshops have been held this spring in partnership with Naturescaping for Clean Rivers. Workshops have been held in Oregon City and Wilsonville. Ms. Geisen advised that a third workshop is planned in Fairview on June 8. Ms. Geisen advised that the Consortium Conservation Committee will be participating in a watershed fair at the new Oregon Garden on June 29,2002. The CCC will be hosting a hands-on planting activity to emphasize soil quality and low water use plants. Conservation in the Portland Area and Its Role in Meeting Supply Needs: Rebecca Geisen gave a power point presentation on Conservation in the Portland Area and Its Role in Meeting Supply Needs. Ms. Geisen noted that a copy of the presentation slides was available in the Board meeting materials packet. 5 Consortium Board Meeting Minutes of June 5, 2002 Ms. Geisen said she wanted to provide an overview on conservation planning and a snapshot of where the Consortium is today in regards to conservation to help inform the discussions that was to follow in the conservation breakout sessions. Ms. Geisen explained the presentation would include a background on regional conservation planning,where we are now including what regional programs are in place, the results of the conservation survey and what data is telling us about conservation and the breakout session questions. Ms. Geisen commented that in 1996,when the RWSP was adopted, the conservation element focused on outdoor conservation programs and reducing peak season water use. These programs included education, outdoor water audits,incentives to install efficient irrigation and landscaping, landscape ordinances and conservation pricing structures. Ms. Geisen reported that in 1999, the Consortium hired Jennifer Stout, one of the key contributors in the RWSP,to make recommendations that reflected advancements in conservation planning and to develop a model to calculate conservation program costs and water savings by provider. Some of Ms. Stout's recommendations included eliminating residential landscape ordinances, changing the audience for large user workshops, eliminating larger user education programs, enhancing outdoor incentive programs,combining some programs and continuing to evaluate conservation pricing. The recommendations made in the Stout report, if adopted,would decrease the conservation target savings in the original RWSP by about 18%by 2020. She noted the reasons for the decrease included changes in land use patterns, the recommendation to eliminate residential landscape ordinances, the growth demand forecast used in the RWSP, adjustments made to eliminate double counting and that conservation pricing was not factored into Ms. Stout's report. Ms. Geisen outlined the objectives for the Conservation Element of the RWSP Update. The objectives include the development of criteria for program implementation, incorporation of new water demand forecasts, updating the cost and savings of programs, the development of other program ideas including indoor programs for residential and Institutional, Commercial and Industrial (ICI)users,the development of program implementation scenarios along with new supply options in the modeling, and making a decision about the role of conservation in meeting future supply needs. Rebecca reported that currently the Regional Water Providers Consortium is implementing regional education and awareness programs,participatesin er community events and has a summ media campaign. The Consortium sponsors residential landscape workshops,has a very active youth education program and does many outreach programs with the landscape and irrigation industry. Ms. Geisen reviewed the results of the 2002 Consortium Conservation Survey. She noted that 86% of the Consortium entities have public education programs, 36%have conservation pricing, 45%have fixture replacement programs, 36%have incentives and rebate programs, 5%have water restrictions or ordinances and 27%have water audit programs. Ms. Geisen reported that in most areas there has been an increase in the number of conservation programs being done by individual Consortium entities since a similar survey that was done in 1998. She noted that 6 Consortium Board Meeting Minutes of June 5,2002 water providers reported in the survey that their primary reasons for implementing conservation programs is to reduce peak season demand, delay infrastructure and extend supply. Ms. Geisen highlighted some of the conservation programs being done in the region. She reported that the City of Gresham completed a pilot Residential Landscape Rebate Program, which included lawn aeration,landscape audit and mulch/compost rebates. The City of Hillsboro has an Evapotransporation(ET) Controller Program for their large landscapes like parks, schools and Intel. Tualatin Valley Water District also uses the City of Hillsboro's weather stations. The City of Portland has a very active Business, Industry and Government(BIG) Program that works closely with businesses to provide technical expertise to help them to conserve water at their sites. Clackamas River Water has a high efficiency washing machine rebate program and TVWD has a large demonstration garden. Ms. Geisen reviewed some key points to remember when thinking about conservation and the implementation of conservation programs. She explained that conservation programs are not the same as curtailment,which is used for extreme events. In the metropolitan area current water supplies are more than adequate to meet off peak season demand. As a result, the RWSP focused on the peak summer use when the water supplies are the most stressed. Ms. Geisen reminded the Board members that conservation programs ramp up over time. These programs will not make water immediately available. Conservation programs require maintenance and resources usually on an annual expense basis. Next, a graph was shown illustrating Portland's retail and wholesale annual average per capita per day water demand. Ms. Geisen reported that the per capita demand for water in the Portland system leveled off in the 1970s, dramatically decreased with the drought in 1992 and has stabilized. Ms. Geisen said current water demand is about 15%lower than what it would have been if pre-1992 demand trends had continued. She commented that the demand model attributes 5% of that decrease to conservation programs and the remaining percentage to land use changes and economic factors. Ms. Geisen reported on the effects of low-flow plumbing legislation on water demand. The General Accounting Office reports that the effects of low-flow plumbing legislation will reduce water consumption 3 to 9%by year 2020. The American Water Works Association(AWWA) reports that the water reduction in Oregon,Washington and Idaho will be 4.6%by year 2010 and 7.3%by year 2020. A 1999 end-use report by the American Water Works Association Research Foundation(AWWARF)reported on savings from low-flow fixtures. Savings can be as high as 52%with low flow toilets, 30%with water efficient clothes washers and a 21%water savings with low-flow showerheads. Ms. Geisen reported that locally,Lafayette and the City of Wilsonville conducted a pilot program called Save Water and Energy Education Program (SWEEP) in which they installed water saving fixtures in fifty homes. The program documented a 25%water saving over baseline indoor water use through fixture and appliance replacement. Ms. Geisen said that water data collection is imperative to document water conservation savings and program effectiveness. She noted that without consumption and production data it is very difficult to monitor and track water demand,the success of conservation programs, and to 7 Consortium Board Meeting Minutes of June 5,2002 determine the impacts on revenue from water sales. She said the longer the period of data recorded,the more reliable the findings will be.Ms. Geisen advised that implementing some conservation programs without the data can be risky and many states now require data collection as part of their water rights permit process. Rebecca commented that there are many factors that drive conservation program planning and implementation. She noted that some of these factors include regional, state and federal permitting requirements, environmental group pressure,citizen and customer expectations, it is the"right thing to do"based on adopted policies and it can make economic sense to delay demands if it results in delayed infrastructure investments. Ms. Geisen explained that for the remainder of the meeting,the Consortium Board members would be breaking out in three sessions by county,Multnomah, Washington and Clackamas,to discuss the role of conservation in the RWSP Update. Each breakout session were given the same four questions to help facilitate and guide their discussion. The breakout session questions were: 1. What are your reasons/what motivates you to do conservation?Examples could include such things as delay or avoid infrastructure projects, customer expectations, "it's the right thing to do,"regulatory requirements for permits or water rights, etc. 2. What is important for you to know about conservation's costs and benefits? What information do you need to determine how much to spend on conservation programs?How comfortable are you relying on conservation to meet supply needs and for budgeting purposes? 3. Do we need conservation targets and if so, should we set conservation targets in the RWSP and then find programs to meet the targets, or should we define targets based on the programs desired by the providers? 4. Does the Consortium want to continue its primary focus on outdoor programs aimed at reducing peak season use or would you like to also achieve some year-round savings through indoor and Commercial,Industrial and Institutional programs?How aggressive should these programs be? Breakout Sessions on the Role of Conservation in the RWSP Update: The Consortium Board members broke out into three sessions by county to discuss the role of conservation in the RWSP Update. Following the breakout sessions, each group returned to the Metro Council Chambers/Annex to summarize their group's discussion. Commissioner John Huffinan was the spokesperson for Multnomah County. Councilor Forrest Soth was the spokesperson for Washington County and Commissioner Mike Grimm spoke for Clackamas County. 8 Consortium Board Meeting Minutes of June 5,2002 Attached are the notes and summaries from those breakout sessions. A motion was voiced to adjourn the Consortium Board Meeting. The motion was seconded. The Consortium Board meeting was adjourned at 9:27 p.m. The next meeting of the Regional Water Providers Consortium Board is Wednesday, September 4,2002 at 7:00 p.m. in the Metro Council Chamber/Annex. Submitted by Patty Burk, Consortium Staff 9 Regional Water Providers Consortium Clackamas County Break-out Session June 5,2000 Attendance: Susan Adam Gunn,facilitator—CRW,Bruce Fontaine- CRW,Dale Jutila- CRW staff; Carl Gardner—City of Gladstone;Ellie McPeak—Lake Oswego, Joel Komarek- Lake Oswego staff; Les Larson—Oak Lodge Water District, Paul Savas—Oak Lodge Board member,Kathy Willis—Oak Lodge staff;Dan Bradley,Kim Swan—South Fork Water Board staff;Mike Grimm—Sunrise Water Authority,John Thomas,Kim Anderson- Sunrise staff; Charlotte Lehan—City of Wilsonville,Jeff Bauman— Wilsonville staff 1.What are your reasons/what motivates you to do conservation? Examples could include such things as delay or avoid infrastructure projects,customer expectations, "it's the right thing to do",regulatory requirements for permits or water rights,etc. Extend supply and infrastructure needs was the number one reason. Water providers are going to have to sell conservation on economics by showing the benefits of delaying new infrastructure and shaving peak demand because peak water is more expensive. "It is the right thiniz to do"—this sets trends for future generations. Kids should be our audiences—they need to grow up with the notion that water is a limited resource= preplanning. The"right thing to do"also includes fish, and environmental issues related to withdrawing water from rivers and instream flows. Permitting-need to prepare for future conservation requirements (new permits or permit extensions). Water providers will need to plan for future water rights and work with the Oregon Water Resource Dept. It currently takes about five years to comply with these new rules. Would need to calculate the difference between conservation and new withdrawals. Division 86 rules kick in when extending water right permits. These rules effect many of the Clackamas County providers. Economic motivation, customers want to save money. Water Providers need to make conservation easier for people to understand. It is the water provider's responsibility to show customers and give them concrete/tangible ways to save. Reduces wastewater treatment and energy requirements Water Conservation reduces pressure on the wastewater treatment plants as well as saves energy. Because of high energy costs customers are looking for more energy/water saving appliances—People are more receptive to conservation in this market—price motivation. The SWEEP program in Wilsonville saw water and energy savings. 2.What is important for you to know about conservation's cost and benefits? What information do you need to determine how much to spend on conservation programs? How comfortable are you relying on conservation to meet supply needs and for budgeting purposes? Long term saving have to be identified–infrastructure costs. It is hard to get arms around water providers with different customers–hard to understand cost and benefits. Would like to see a menu of options for different customer classes. To determine how much to spend on conservation providers have to make a best guess estimate and think about how much risk they want to take. It is also important to look toward where you want to go–the long term savings. Need a model to help calculate the risk. Water Providers indicated that they needed to find out what other agencies have done and what the cost per household was,how to encourage conservation with high end users, and to get a better handle on customer classes/needs. They would like to know what else is out there regarding cost availability and water savings. Water Provider said that they would be more willing to do retrofits for large users: because weather stations are expensive they make more sense for large landscapes– schools,parks, etc. Explore retrofit options for irrigation controls: Lake Oswego is looking at irrigation retrofits -ET controllers, soil probes,but would like more information on real installations, and the results of the water savings. Would like to see research or written reports. Lots of irrigation systems in LO are crude so it is difficult to make changes in irrigation controllers–need more education on this. How much are ET Controllers? Sunrise is piloting a urogram to monitor peak vs non-peak usage over a daily basis using LAN(local area network). They will be tracking select neighborhoods for usage. Sunrise has a signification number of high-end homes where price doesn't matter. How do you get these people to conserve water? Need to find out what their motivations to conservation water are? Design methods for shaving the peak -—i.e.. "No water" days: In Wilsonville saw real savings when started implementing water restrictions–saw peak decline for 7 years as population continued to grow.Restrictions get peoples attention. They were able to get rid of peak and allowed them to get by for many years. People in Wilsonville habits have changed over the last few years–lush green lawns have become more rare. Will be interesting to see what happens this summer since there will be no heavy conservation pressure. 3.Do we need conservation targets and if so,should we set conservation targets in the RWSP and then find programs to meet the targets,or should we define targets based on the programs desired by the provider? Targets probably need to be based on specific system requirements. Providers agreed that they didn't see how regional targets would work because each agency will have different issues. The practicality of regional targets will depend on how each individual system peaks. They liked the idea of building the targets from the bottom up—look at individual providers targets and see what the aggregate would be for a regional target. Need a regional tarizet at some level: Regional targets can show good stewardship and have generic enough parts that apply to all water providers. The question was raised of how do you acknowledge shared supplies and conserve water so there are no disadvantages? 4. Does the Consortium want to continue its primary focus on outdoor programs aimed at reducing peak season use or would you like to also achieve some year- round saving through indoor and commercial,industrial and institutional programs? How aggressive should these programs be? Indoor water conservation can be driven by the energy and wastewater savings playing a bigger role. Indoor conservation plays a role in skimming off average but does not really address peak issues. There is no reason not to do indoor conservation but water providers will get a bigger bang for their buck by doing outdoor programs. In Sunrise because of all the new construction in the past ten years, indoor conservation efforts don't make a lot of sense because all of the homes already have low flow fixtures. Outdoor water use is the primary issue. REGIONAL WATER PROVIDERS CONSORTIUM BOARD MEETING June 5, 2002 7:00 —9:00 p.m. WASHINGTON COUNTY BREAKOUT SESSION MINUTES Attendees: A.P.DiBenedetto and Jerry Arnold(West Slope Water District); Joyce Patton and Richard Sattler(City of Tigard); Steve Chrisman and Mike McKillip (City of Tualatin); Jim Duggan and Greg DiLoreto (Tualatin Valley Water District); Forrest Soth(City of Beaverton); Will Crandall and Tacy Steele(City of Hillsboro). Question#1 —Motivators ♦ What are your reasons/what motivates you to do conservation? Examples could include such things as delay or avoid infrastructure projects, customer expectations, "it's the right thing to do," regulatory requirements for permits or water rights, etc. CHART PACK NOTES • Economics - Increased rates on horizon - Business/residential will look at costs - Users don't see current savings of water leads to long term and savings. • Operating Water Systems - Annually refill res., fire flow storage, etc. - Predictability • Challenge the consumer with graphs on bill • Water Savings - Small increment of conservation in Tigard helps with supply at peak demand time. - Small increments accumulate for overall demand. Forrest Soth commented that economics is a big conservation motivator. With increases in water rates, both residential and commercial customers are going to start looking at ways to conserve water. He noted customers are more apt to conserve water if they believe it will delay an increase in water rates. Jim Duggan noted that water system operation and being able to avoid sharp changes in demand is a strong motivator for conservation. Predictability in how the water system operates. Will Crandall stated that it is important to challenge the consumer to conserve water but also let them know how they are doing in terms of water savings. He noted this could be done by providing water use graphs on their bill. Joyce Patton commented even the small increment of water savings you get from conservation is important because it helps with peak season usage and allows for adequate summer supply. Mr. Soth concurred that even a small water savings through conservation acc can make a big difference in overall water demand. umulates and Question #2 — Costs and Benefits 4 What is important for you to know about conservation's costs and benefits? What information do you need to determine how much to spend on conservation programs? How comfortable are you relying on conservation to meet supply needs and for budgeting purposes? CHART PACK NOTES • What is the history of past conservation programs and effectiveness? • How to keep pattern of conservation in customers' awareness? - Make customer aware of potential summer season supply. - How do customers perceive info about summer supply? Crisis? • Good demographic projections and how this will effect supply and demand. • UGB expansion/not expanding. • Low use fixture savings. • Per capita use historically for budget/forecasting. • Which fixtures (low flow)people like and will therefore continue to use. • Are we looking for more gains in fixtures or is most of the gain already made? • For all conservation efforts, are we still able to make gains in an area of is it"saturated"? • Cost effectiveness of rebates/credits for larger ticket applications. • Can average household afford to buy the appliances? Most at least wait until the old one dies. • Will incentives/rebates for expensive appliances pay off—will need other programs. • Not comfortable reel ,ing on conservation for supply needs but it is an important piece. 2 • We budget for worst case scenario. • Conservation will keep demand lower but can't bank on it. Mr. Soth commented that what has been done to this point or the history of past conservation programs and their effectiveness would be important to know to determine how much resources to put into conservation. Steve Chrisman asked how do you keep people motivated to do conservation. He noted that presently there seems to be enough water to meet demand but how do you get water users to look into the future at the bigger picture. Mr. Crandall asked could you anticipate and note on a customer's bill what the summer water supply picture is anticipated to look like. He noted this could be a way to keep users interested in conservation. Mr. Soth asked do we have adequate and accurate demographic predictions to indicate what the future water supply requirements might be. Jim Duggan commented that the information provided in the earlier conservation presentation such as the data provided on the percentage of water savings from low flow plumbing fixtures and per capita water use is extremely important information to have to help with the decision making in what value to place on conservation programs. It is an important part of forecasting trends for budget and water supply needs. Ms. Patton commented it is important to not only know what conservation programs are effective but also to know which are going to be well received especially with residential customers. She noted that low flow toilets are going to be much more positively received than the low flow showerheads and it does not do any good to spend money putting in water saving devices that customers do not like because they will remove them. A.P. DiBenedetto said that many customers are not satisfied with low flow fixtures, therefore, once their house has passed inspection,they are replacing the low flow fixtures with the older style,higher flow fixtures. Mr. Soth asked in regards to the Save Water Energy Energy Program(SWEEP)done in Lafayette and Wilsonville that had a 25%reduction in water use, can the average household afford the expensive appliance replacement. He commented that most citizens can not afford the high cost of these water saving appliances,therefore, it will require the water utilities to provided higher incentives for rebates. 3 Joyce Patton said some individual entities would not be able to afford the more costly incentive rebates. Ms.Patton commented she's personally not comfortable with relying on conservation for meeting water supply needs. She noted conservation is an important component. She said she would take advantage of conservation, create programs and budget for them but it is not something to rely on to meet supply needs. Forrest Soth commented all of the water agencies have to budget for the worst case scenario. Jim Duggan noted that conservation is another variable in how you plan for future water demand. Over time,it may keep the increase in water demand down but you can not count on conservation to save a certain amount of water. Will Crandall agreed that you can not bank on conservation as a source of water supply. Question #3 —Targets Do we need conservation targets and if so, should we set conservation targets in the RWSP and then find programs to meet the targets, or should we define targets based on the programs desired by the providers? CHART PACK NOTES • Don't like targets—artificial. Set targets to focus a program,prefer to evaluate programs by jurisdiction and get assistance for them. • Targets more philosophical than practical for planning. • Choose program from data of prior users: decide cost/benefit and look at potential savings. Targets—affected too much by variables beyond control. • Message we want to convey � , a provider. —use wisely and here's why. Here's how we'll help you as • Flexibility important as communities vary a lot. • Hard programs costly—do we move toward these or stay with soft? • Targets set expectations—goals more palatable to consumer. • Need to convince consumer of benefit to do "hard"programs—reasonable paybacks. • May give consumer message"will do saving for you" • Where will money come from for conservation projects while also looking for capital for long term development? • Selling programs to jurisdictions based on need. • Don't want targets in plan 4 • Consortium look at"hard"programs that may provide savings • Budget still deciding factor with customers. Joyce Patton said she does not like to set targets. She noted that you set targets when you need that focus to pull programs together. She commented she would prefer to have the ability to individually assess what particular programs are going to work best for your own jurisdiction,be able to focus on those programs and get the assistance needed to implement those programs. Jim Duggan noted that setting targets is an intellectual exercise. He said to define targets based on the conservation programs desired by the providers is the best approach. He commented that people are leery about detailed analysis when in reality the message to get out is water is not to be wasted,use it wisely and these are the reasons. That is the conservation message we want to convey. Joyce Patton added the conservation messages should also include that your water provider is going to be looking at conservation programs that will benefit you in your service area. Forrest Soth commented it is very important to have flexibility in programs because different entities have very different customer needs. Steve Chrisman asked did the Consortium staff and committees ask this question because they wanted to set targets? Tacy Steele advised that so far the Consortium has focused their conservation resources and staff on soft programs(i.e. education,marketing, and outreach). The next step would be hard programs (i.e. rebate programs, fixture replacement) like those outlined in the report done by Jennifer Stout in 1999. These programs cost more money and resources. Tacy said the decision to be made then is does the Consortium want to go that next step. Jim Duggan commented if we do incorporate hard programs, it must be proven that these programs are in the water provider's best interest and that the customers are going to want to participate. It must convincingly be shown that it is going to be in the customer's interest to participate. Mr. Duggan said the proof would need to be available before he would support spending a lot of money on hard programs. Forrest Soth said if water provider incorporate hard conservation programs into their organization, they would have to find money in their budgets or raise rates. Joyce Patton commented that if the Update to the Regional Water Supply Plan comes out with a defined target for conservation that makes it a hard sell in terms of being able to go 5 forward. It is much easier to be able to go forward by saying individually each provider will look at various conservation programs and individually will determine what is in the best interest for their ratepayers. Ms. Patton reiterated she felt there was not a need for conservation targets and did not want the implication of conservation targets in the Regional Water Supply Plan Update. She stated that she much prefer to have a more generic discussion in the Update regarding the Consortium looking into hard conservation programs to see what might be beneficial to individual water providers. Jim Duggan commented if there is going to be references to conservation targets in the Update,he hoped it would not say this is our conservation goal or target;rather we hope these programs yield this much savings. You have to be able to show customers these conservation programs are in their benefit. A.P DiBenedetto commented it all comes back to the budget. Question #4—Programming Does the Consortium want to continue its primary focus on outdoor programs aimed at reducing peak season use or would you like to also achieve some year-round savings through indoor and Commercial, Industrial and Institutional programs? How aggressive should these programs be? CHART PACK NOTES • Both. Outdoor visible. Turn off sprinklers and like brown lawn. • Lawns are beautiful • Indoor have big impact. Industrial users want savings from conserving. • Look to other irrigation sources i.e. Rain barrels w.s.—75%use in summer,25%use in winter • Outdoor/Ed programs work across jurisdictions. • Other programs will be more individual to jurisdictions. • How to choose what else to focus on that will benefit across jurisdictions—how to choose collectively. • Economy of scale for programs— Partnerships Joint purchasing Using expertise in a subject area by multiple jurisdictions—stressing bottom line. • Would like to see more aggressive program for conservation. • Want to avoid confusion of consortium as a regional water authority. • Looking to consortium to support each other in looking at long term picture for supply needs. The cost is always the deciding factor. 6 Forrest Soth stated there is a need for both indoor and outdoor conservation programs. Will Crandall commented that some of the city landscaping codes required for businesses are costing a lot in water usage. A.P. DiBenedetto noted that maybe it is time to bring out the rain barrels. If there are ways to streamline some of the peak season use,they should be explored. Joyce Patton said it has been easy for the Consortium to take on the role of conservation with the focus on outdoor programs because all the Consortium entities agree that the outdoor and educational programs work across all jurisdictions. One issue,in looking at water savings for indoor and ICI programs is that these programs can be very individual to each jurisdiction. She asked how would the Consortium come together to determine which indoor and ICI programs they would focus on for the benefit of the whole. A.P. DiBenedetto asked if it was known if there has been any affect on conservation by all the bottled water being used. Steve Chrisman commented that even though conservation seems to all boil down to economics,he would still like to see more aggressive conservation programs but does not know how, what,why or where. REGIONAL WATER PROVIDERS CONSORTIUM BOARD MEETING June 5, 2002 7:00—9:00 p.m. MULTNOMAH COUNTY BREAKOUT SESSION MINUTES Attendees: Pat&Herb Brown(RWPUD customers); Sandra Ramaker(RWPUD); Harvey Barnes (RWPUD); Tom Pokorny(Powell Valley Rd. Water Dist.);Dennis Kessler(PWB); Judi Ranton(PWB);John Huffinan(Powell Valley Rd. Water Dist.); Lorna Stickel(PWB); Susan McClain(Metro);Don Allen(Sandy); Chuck Becker (Gresham);Dale Anderson(Gresham);Keely Thompson(Gresham);Rebecca Skones (Gresham). Question#1 —Motivators ♦ What are your reasons/what motivates you to do conservation? Examples could include such things as delay or avoid infrastructure projects, customer expectations, "it's the right thing to do," regulatory requirements for permits or water rights, etc. CHART PACK NOTES • Irony—reduced water use also reduces sales and revenues • Reduce costs of infrastructure - effective delivery of service • Environment - ecosystem • Philosophy—it's the right thing to do • Reduce costs to customers - efficiency of service • Finite amount of water vs. population • Education has created demand by public • More competition for available supplies. • Permit regulations and requirements to expand supply. • Wastewater streams—treatment • Drinking water treatment requirements • Leak detection • Reducing unaccounted for water • Responsible use of resource. John stated that an irony about conservation programming is that there is an inherent conflict of interests. A successful conservation program will reduce revenue. Dennis stated that reducing revenue is a short-term result. The conservation program must be built up over time to see the real benefit. Don stated that conservation fits in with long-term reduction plans. Using water efficiently is better for the whole environment—it is"the right thing to do." Also, it is cost-effective because it will delay costs of building infrastructure. Chuck stated that the cost of infrastructure becomes more expensive if you are not using it to capacity. He is looking for"cost-effective service delivery"—reducing costs to the customer. Efficiency of service. Don remarked that Sandy is dealing with finite supplies of water. Their question is whether it will even be there in the future. Population increases are a factor to consider. Balancing the ecosystem. Several people agreed with the need for ecosystem balance. John noted that conservation education has created a public demand for programs. Also, there are more role-players demanding water, and regulations such as ESA have impacted water supply needs. There is more competition for the water now. Tom stated that there are now permit and regulatory requirements to consider. Dennis noted that there is more to consider than just production—there is also the cost of treatment, and what must be done environmentally. Herb talked about the importance of leak detection programs with conservation education. Harvey agreed and discussed the fact that leaks in mainlines are a concern. Wanting to reduce the water-loss ratio. Chuck stated that it is important to use resources responsibly. Question #2 — Costs and Benefits ♦ What is important for you to know about conservation's costs and benefits? What information do you need to determine how much to spend on conservation programs? How comfortable are you relying on conservation to meet supply needs and for budgeting purposes? CHART PACK NOTES 0 Information, examples, experience. • Difficult to measure - measurement tools • Monitoring • How does land use change assumptions • Short-term/long-term costs F4 benefits • Types of projects - reclamation and reuse options • How to explain to electeds and convince public decisions about budgets. • Economic analysis to explain to citizens in order to make informed decisions. • Simple explanations - Example—SDCs • Full range of explanations - Simple - Practical • Education Susan stated that it was difficult to know how to budget for conservation, and how much to budget. We don't have much data. We need statistics and examples. Dale talked about the difficulty of measuring results. The benefits may not show up for years. Susan added that performance measures need to be built. Chuck remarked that there is a cost to conservation which just has to be accepted. We must value conservation to the point that we are willing to pay money for programming. There will be an up-front cost. Harvey stated that we don't want to get into a situation where we tell everyone to conserve, and then raise their rates because they do. Don indicated that in Sandy they do minor adjustments to rates so it isn't such a large impact. Their main concern is water availability, and they have to watch the numbers long-term. John said that trying to take per-capita consumption statistics is difficult,because the results become skewed with changes in housing demographics. Harvey said that education needs to be focused on kids,because the current mindset is, "If I can afford it and I want it, I'm going to buy it." Susan gave an example of her daughter teaching her about recycling. She said with conservation there is a short-term/long-term conflict. Managing yearly budgets is difficult. Harvey remarked that with conservation messages, consistency is key. Don gave an example of recycling water in Sandy. Their treated wastewater is pumped to a nursery and used for irrigation, and then recycled. This works very well, although it took a long time to get the DEQ permits. Keely summarized the responses so far: More data is needed,measurement tools are needed,there is the problem of land-use changes,there is the conflict between short- and long-term benefits, and different types of projects need to be considered. Chuck stated that advocators should educate people on the cost savings. Make the case that the infrastructure would last longer using conservation. Need supporting facts. Dennis added that there is a lack of economic analysis so that decision-makers can understand the need for conservation. He gave the example that people used to not understand SDC's,but with education,they now understand. With education,you have to do a little bit over a long period of time. Susan stated that people need to look at the big picture. She liked Rockwood's slogan,"There's plenty of water,but never enough to waste." You need a full range of explanations, some simple, some more complex. Don remarked that some people are educated quickly, some slowly, and some never. Question#3 —Targets ♦ Do we need conservation targets and if so, should we set conservation targets in the RWSP and then find programs to meet the targets, or should we define targets based on the programs desired by the providers? CHART PACK NOTES • Set programs region-wide with flex. • Establish reasonable targets • Review; • Set new targets - Achievements get people going - For customers and agencies • Programs forwarded and promoted by customers - get buy-in Don said that you can't set a target. It's a moving target that has to be constantly readjusted. Chuck stated that the advantage to having targets is that you can start at a low level and show achievement to users. He felt that we need to identify what conservation message we will use region-wide, and then set targets. He outlined the steps: 1. Set the programs first and get info on what is a reasonable target; 2. Establish regional targets; I Review and set new targets; and 4. Now you have buy-in. Dale remarked that conservation targets could apply to providers as well. We need leak-detection programs and meter-testing programs. Chuck added that the programs need to be forwarded by the consumer. Question#4—Programming ♦ Does the Consortium want to continue its primary focus on outdoor programs aimed at reducing peak season use or would you like to also achieve some year-round savings through indoor and Commercial, Industrial and Institutional programs? How aggressive should these programs be? CHART PACK NOTES • Year-round also gets at peak. • Explore what works best by community. • Look at community afford. And acceptance • Implement basic youth education programs - Can never over—educations Chuck stated that year-round programs are the key to success. Don agreed. He believes that if you encourage conservation over the entire year, you will reduce both peak and off-peak demand. John agreed. They want outdoor, year-round programs. Susan agreed that a year-round program is more comprehensive. People develop a conservation ethic. Chuck felt that we should go with what the consumer wants. We need to show them success. Harvey remarked that there is not much reason to go with indoor programs in new cities. They already have the fixtures, etc. Programming needs to be broken down sub-regionally. Dale felt that benchmarks could be set up region-wide, and then explore what works best by community. Lorna agreed that we need to choose region-wide programs that make sense regionally. Harvey stated that it would make sense to look at retrofitting for his neighborhood, for example,but not in all neighborhoods. Programs need to have community affordability and acceptance. John felt that programs could be set region-wide,but with some flexibility for individual communities. Herb stated that basic youth education programs need to be implemented. Sandra agreed that you can never over-educate. Keely concluded the breakout session by asking John to be the spokesperson for the group. Conservation the Regional Water Supply Play Update Consortium Board Meeting June 5, 2002 Overview rtati Background on Regional Conservation Planning Where Are We Now? What Regional Programs are in place Results of conservation survey What the data is telling us about conservation Breakout Session Questions Consortium 6/5/02 RWSP Conservation RWSP strategy focused on outdoor conservation programs Conservation education on outdoor use Outdoor Water Audits Incentives to install efficient irrigation and landscaping Landscape ordinances (all classes) Conservation Pricing Structures Consortium 6/5/02 1999 Stout Report on Conservation 1999 Interim Report Recommendations - prepared by Jennifer Stout for Consortium Eliminate residential outdoor landscape ord. Change the audience for large user workshops Eliminate large user education program Enhance outdoor incentive programs e.g. ET controllers Combine some programs Continue to evaluate conservation pricing Consortium 6/5/02 ConservationTargets 2000 2005 2010 2015 2020 2030 12040 2050 R},11(SP I fAGD 12.5 - 19.3 - 27.4 37.8 843.6 65.2 of Peak Season Demand 5.5`o 8.3',•0 - 10.7% 13.4 a 16.2°•0 18.6% Interim; MGD _ 5.3 9.2 13.7 15.9 Report I Update Consoitium 6/5/02 Reasons r Change in Targets from RVVSP to Stout Report Changes in land use patterns (e.g. Lot sizes, SF/IIF mix) Recommendation to eliminate residential landscape ordinances Growth demand forecast used Adjustments made to eliminate double counting Conservation pricing not factored in Stout Report Consortium 6/5/02 RIJVSP Update Objectives Develop criteria for program implementation New water demand forecasts Update cost and savings of programs Develop other program ideas including indoor programs for residential and ICI Develop implementation scenarios along with new supply options in the modeling Make decision about role of conservation in meeting future supply needs Consortium 6r5i02 Where re we now with C s ate Regional Programs Today Education and Awareness Programs Summer Media Campaign Community Event Participation Residential Landscape Workshops Youth Education Outreach programs to landscape and irrigation industry - incentive and joint programs Consortium 6/5;02 2002 Conservation Surjey Carty Clams IVUVM-Eh V1itirgtcn Tctd C]�frCM fVntcls!E ; 8 6 8 22 1998 Ri"licEdrabcxl 87.5% R100% 675'/0 19 ff% +180/0 Lac Dledcn&Rmar NVA NA 9Acn!Vd 3 37.5% 233.3% 3375% (8)H10 Fx1ilE 225/0 3 �'/o �5% i0 45% +2�% Imes&PArte; 2 29'/o 233.3% 4 5CP/o 8 ?b% +27% FbsI!dlCxa&Odrmm 1 125% 1 16.6% 3 37.5% 5 2O/o +8% Arts I 1 125% I 3)501/6-I (Q 251/6 (g Z71/o dare sxrmmmC rnRujanar,,ej,Fla-lVVierR mciaBCamuun Consortium 6!5/02 Highlights off Provider Programs Gresham - Pilot Residential Landscape Rebate Program (lawn aeration, audit, mulch/compost) Hillsboro - ET Controller Program for parks and Intel, School District, TVWD garden, & others. Portland - SIG Program (Business, Industry and Government) CRW - Washing Machine Rebate Program TVWD - Demonstration Garden Consortium 6/5/02 Conservation lol Some Key Things to Remember Conservation programs are not the same as curtailment which is used for extreme events Current supplies are more than adequate to meet off peak season demand The RWSP focused on the peak summer use when supplies are most stressed Conservation programs ramp up over time, they don't make water immediately available Conservation programs require maintenance and resources usually on an annual expense basis Water consumption in the Portland area has declined since the late 1980's Consortium 6/5/02 Portland's Retail and Wholesale Annual Average Per Capita Per Day Demand,1960-2001 190.00 xd P 180.00 170.00 160.00 150.00 140.00 130.00 L— C,5 bt5 02 Portland's Retail and Wholesale Daily Demand 2001 254 u_ ...,...._....___._.�., 230 210 I 190 170 150 G 130 110 X 70 c i 50 O_ O O_ O_ O O - � Actual Demand —Predicted w/o Conservation and Downward Trend,and w/Econ Slow Down Predicted w/o Conservation.Downward Trend and Econ Slow Down Consortium 6/5/02 ,r Euactsw lovi lumbing Legislation m tion Nationally the General Accounting Office says reductions will be 3-9% by 2020 AWWA says the reductions will be 4.6% by 2010 and 7.3% by 2020 (OR, WA, and ID) AWWARF 1999 study - water savings by fixture: Low-flow Toilets - 52% Clothes Washers -30% Low-flow Showerheads -21% Consortium 6/5'00 SWEEP Save Water and Energy Education Program (SWEEP) Lafayette and Wilsonville pilot program has documented 25% savings over baseline indoor water use through fixture and appliance replacement Consonium 6,15 02 What are Pealking Fcalctors? The Portland climate causes water use to peak in the summer season, mainly due to outdoor water use. Hotter summers create higher peaking. Peaking factors are calculated to see how much extra use occurs in the summer Winter month use compared to summer months (creates higher peaking factor numbers) Annual average use to summer months (creates slightly lower peaking factor numbers) The larger the residential customer base the higher the peaking factors will be. Following is an example of the Portland water system (about 830,000 population served). Consortium 615/02 Portland ym Peaking Factors 1909 last 3 Yes Last 14.Years Tctd simrx"Virter 20 1.8 1.7 v esala 9ATn-era d 1A 1.4 1.3 aaTM/Wriv 1.4 1.4 mrsrera v>d 1.3 1.3 %mTer/Airte- 25 20 my ermd 1.5 1.5 aa7 m1wi ter 1.2 PaUand Mail srareran2l 1.2 Consortium 6/5/02 The Importance of Data Collection Without consumption and production data it is very hard to monitor and track water demands and the success of conservation programs and impacts on revenue from water sales. The longer the period of data record, the more reliable the findings are. Implementing some conservation programs without the data is more risky than for others. Many states now require data collection as part of water rights permitting (e.g. Washington) Consortium 6/5/02 Factors Driving Conservation Program i Regional, State, and Federal permitting requirements Environmental Group pressure Citizen and our own customer expectations It is the "right thing to do" based on adopted policies It can make economic sense to delay demands if it results in delayed infrastructure investments. Consortium 6!5/02 Questions for Breakout Sessions What are your reasons/what motivates you to do conservation? Examples could include such things as delay or avoid infrastructure projects, customer eXpectations, "it's the right thing to do," regulatory requirements for permits or water rights, etc. What is important for you to know about conservation's costs and benefits?What information do you need to determine how much to spend on conservation programs? How comfortable are you relying on conservation to meet supply needs and for budgeting purposes? Consortium 6/5/02 ~ ' " ll Ti and Rates - JWC and Beaverton Facilities Summary of Tigard Rates and Sub-Rates Rate Element Annual Rate Annual CCF @ 2.0 Md= 962,567 JWC Assets JWC Plant Depreciation $0.0333 Return On Investment 0.0939 JWC Transmission Depreciation $0.0059 Return On Investment 0.0137 JWC Storage Depreciation $0.0338 Return On Investment 0.1015 JWC Water Rights Depreciation $0.0013 Return On Investment 0.0012 JWC Total $0.2846 Beaverton (1) Transmission $0.0432 Storage 0.0362 O&M-Pumping 0.0500 Meter 0.0110 Beaverton Total $0.1404 JWC O&M JWC Transmission $0.0029 Treatment Plant 0.2189 Raw Water 0.0206 Total JWC O&M $0.2424 Total Proposed Rate (1) Provided by City of Beaverton. 440 L"AN�o Dan Saltzman, Commissioner 4 p C CITY OF Morteza Anoushiravani,Administrator _ x PORTLAND, OREGON 1900 Interstate Avenue Portland, Oregon 97227 Information (503)823-1514 B(1REAC1 OF WATER WORKS TDD (503) 823 6868 1861 July 3,2002 WQ 1.11.4 Department of Human Services Drinking Water Program PO Box 14350 Portland,OR 97293-0350 To Whom it May Concern: In conformance with the requirements of OAR 333-061-0040,the results of our Lead and Copper Rule monitoring for the first period of 2002 are submitted in the attached technical memorandum. Monitoring was conducted as described in our joint monitoring proposal submitted May 14, 1997 and approved by the DHS in their letter of June 23, 1997. As described in the plan, all water systems using Bull Run water as their sole or major source of supply are considered as a single large system for compliance with Lead and Copper Rule monitoring requirements. In summary, 133 samples verified as collected according to protocol were taken from tier 1 homes throughout the participating systems' service areas. Samples were collected between May 6 and 21,2002. The 90th percentile values for the Joint Monitoring results are as follows: Lead 0.013 mg/L Copper 0.42 mg/L Distribution results are submitted separately on new forms designed to match the new DHS forms and reporting protocol. The target pH at the entry point to the distribution system was raised from 7.3 to 7.8 beginning March 11,2002.The Bull Run distribution system pH ranged from 7.2 to 8.6 pH units during the period that home samples were collected. These data show pH adjustment of the Bull Run Supply was effective in maintaining a pH of 7.2 or greater in the distribution system. In June of 1998 DHS set entry point water quality parameters for the Bull Run system. Although these data are reported monthly in a separate report,it should be noted that excellent treatment control has been maintained and control has improved since corrosion treatment began. Please contact me at 503-823-7648 if you have any questions or concerns regarding this information. Sincerely, Yone Akagi Water Quality Engineer Attachment c: Participating Utilities, Mark Knudson,Alberta Seierstad, Steve Schenk,Kathy Casson,Randy Hawley An Equal Opportunity Employer 4Q0 LANG O Dan Saltzman, Commissioner F0 CITY OF Morteza Anoushiravani, Administrator 0 1900 N. Interstate Avenue z PORTLAND, OREGON Portland, Oregon 97227 Information (503) 823-1514 Fax(503) 823-4117 BUREAU OF WATER WORKS TDD (503) 823-6868 1861 TECHNICAL MEMORANDUM DATE: July 3, 2002 TO: Yone Akagi FROM: Patrick Hughes SUBJECT: Lead and Copper Monitoring Results for January to June 2002 Obiectives This technical memorandum summarizes the monitoring required by the Lead and Copper Rule. Results for the May 2002 lead and copper tap sampling and April 2002 source water results are included. Distribution results have been submitted separately on new forms designed to match the new DHS forms. Corrosion Control Treatment Prior to March 11, 2002,the sodium hydroxide dose rate was adjusted as needed to achieve the target pH of 7.3 at the entry point to the distribution system. Dosage ranged from approximately 1.4 mg/1 to 2.0 mg/1 during this monitoring period. Between March 11 and March 14, the sodium hydroxide dose rate was incrementally raised to achieve a new target pH of 7.8 at the entry point. Sodium hydroxide levels since pH was raised have ranged from approximately 2.6 to 3.2 mg/l. Monitoring Plan The monitoring during the first six-month period of 2002 was conducted according to the proposed joint monitoring plan submitted May 14, 1997 and approved by DHS in their letter of June 23, 1997. As described in the plan,all water systems using Bull Run water as their sole or major source of supply would be considered as a single large system for complying with Lead and Copper Rule monitoring requirements.The monitoring plan is population based,with the number of samples taken by each water system proportional to their population within the Bull Run service area. The following systems are participants in the Joint Monitoring Plan: Burlington Water District City of Gresham City of Tigard Lake Grove Water District Lorna Water Company Palatine Hill Water District Powell Valley Road Water District Pleasant Home Water District Portland Bureau of Water Works Raleigh Water District Rockwood Water District An Equal Opportunity Employer Skyview Acres Homeowners Association City of Tualatin Tualatin Valley Water District Valley View Water District West Slope Water District Tap Monitoring for Lead and Copper Table 1 (below) summarizes the sampling required by the Joint Monitoring Plan and the actual total number of home tap samples collected in the first six-month period of 2002. Extra samples were collected to provide contingency in the event individual homeowners withdraw from the program over time. Table 1. Tap Sampling for the Joint Monitoring Plan,May 2002. Number of Samples System Specified in Joint Extra Total Samples Monitoring Plan Collected City of Gresham 5 0 5 Powell Valley Road Water District 3 1 4 Portland Bureau of Water Works 61 29 90 Rockwood Water District 7 0 7 City of Tigard 3 0 3 City of Tualatin 3 1 4 Tualatin Valley Water District 18 2 20 Joint Monitoring Plan Total 100 33 133 The remaining systems each represent less than one percent of the population of the Bull Run Service area. Since the monitoring plan is population-based these systems do not collect samples. All samples were collected from tier 1 homes sampled in 1992. The Portland Water Bureau collected samples at 2 fewer homes than in November 2001. Portland Water Bureau was not able to obtain samples at homes 38, 46, 51, 58, 64,72, 78, 79, 82, 88, 90, 91, and 102. These were replaced by homes 11,24, 37, 43, 69, 71, 87, 97, 114, 121,and 122 from the tier 1 sampling pool. TVWD sampled one more home(140)than in November 2001. Otherwise,participating utilities sampled the same homes in May 2002 as were sampled in November 2001. Home tap samples were collected between May 6 and May 22, 2002. Directions provided to customers specified first draw one-liter samples drawn from the cold water kitchen tap, unless there was an inline filter on the kitchen tap that could not be bypassed. Complete instructions provided to the resident are shown in Appendix 1. We offer this as demonstration that the water system informed residents of the proper sampling procedures according to OAR 333-061-0036(2)(e)(B)(ii). The customer filled in the time and date of sample collection and the time and date of last water use. No samples were included which had less than a six hour standing time. 2 All but seven samples were noted as collected from the kitchen sink tap. The remaining seven samples were collected from bathroom sink taps. The Portland Water Bureau Water Quality Laboratory performed analyses. The 90th percentile lead and copper values were determined as described in 40 CFR 141.80 and clarified by the Lead and Copper Rule Guidance Manual (1991). In this round of sampling there were 133 samples collected according to protocol. As the guidance manual states, "Interpolation of lead and copper levels may be necessary in some cases to determine system performance at the desired frequency. If the 90th percentile value is represented by the sample position other than an integer, (e.g. 0.9 x#samples =17.3), then the 90th percentile value must be found by interpolating the results of the lower and higher samples(e.g. the 17th and 181h results in this case)." In this round of sampling, the 90th percentile values reported are based on sample position 119.7, and the value was found by interpolating between positions 119 and 120. Tap Monitoring for Lead and Copper Results The lead and copper results from tap sampling at the 133 tier 1 homes sampled in May 2002 according the Joint Monitoring Plan are shown graphically in Figures 1 and 2. The lead and copper raw results are shown in Tables 2a and 2b and are briefly summarized below. Addresses for the 133 homes are shown in Appendix 2. The 90"percentile results for both lead and copper were below the action level for this round of monitoring. The lead 90th percentile result was 0.013 mg/L(action level--0.015 mg/L); the copper 90th percentile result was 0.42 mg/L(action level=1.3 mg/L). 3 ----- - ---- -- ---------- Figure ---Figure 1:Bull Run Service Area Water Systems LCR Horne Sampling Lead Data (May 2002) 0.1 0.08 E 0.06 — ----- -- -- --- d -p 0.04 90—percentile 0.013 mg/L 0.02 0 0 10 20 30 40 50 60 70 80 90 100 Percentile Figure 2 Bull Run Service Area Water Systems LCR Home Sampling Copper Data (May 20M 0.7 0.6 90',percentile 0.5 0.42 mg/L E � 0.4 R a� 0.3 a a 00 0.2 0.1 0 0 10 20 30 40 50 60 70 80 90 100 Percentile 4 Table 2a: Lead Results, Bull Run Service Area Water Systems, ay 2002 OBS Home# Lead Percentile OBS Home# Lead Percentile OBS Home# Lead Percentile (mg/1) (mg/1) (mg/1) 1 6 <0.001 0 46 55 0.002 34 90 43 0.005 67 2 7 <0.001 1 47 59 0.002 35 91 109 0.005 68 3 8 <0.001 2 48 63 0.002 36 92 119 0.005 69 4 12 <0.001 3 49 67 0.002 36 93 155 0.005 69 5 14 <0.001 3 50 74 0.002 37 94 177 0.005 70 6 15 <0.001 4 51 86 0.002 38 95 179 0.005 71 7 17 <0.001 5 52 89 0.002 39 96 172 0.005 72 8 41 <0.001 6 53 101 0.002 39 97 132 0.005 72 9 42 <0.001 6 54 107 0.002 40 98 36 0.006 73 10 61 <0.001 7 55 117 0.002 41 99 122 0.006 74 11 62 <0.001 8 56 121 0.002 42 100 124 0.006 75 12 76 <0.001 9 57 123 0.002 42 101 65 0.007 75 13 93 <0.001 9 58 158 0.002 43 102 111 0.007 76 14 99 <0.001 10 59 165 0.002 44 103 173 0.007 77 15 105 <0.001 11 60 135 0.002 45 104 136 0.007 78 16 128 <0.001 12 61 142 0.002 45 105 170 0.007 78 17 1 <0.001 12 62 3 0.003 46 106 19 0.008 79 18 178 <0.001 13 63 11 0.003 47 107 69 0.008 80 19 168 <0.001 14 64 16 0.003 48 108 71 0.008 81 20 133 <0.001 15 65 23 0.003 48 109 96 0.008 81 21 137 <0.001 15 66 44 0.003 49 110 131 0.008 82 22 138 <0.001 16 67 52 0.003 50 111 21 0.009 83 23 139 <0.001 17 68 70 0.003 51 112 112 0.009 84 24 140 <0.001 18 69 92 0.003 51 113 35 0.01 84 25 145 <0.001 18 70 104 0.003 52 114 66 0.01 85 26 146 <0.001 19 71 106 0.003 53 115 169 0.01 86 27 148 <0.001 20 72 110 0.003 54 116 87 0.011 87 28 149 <0.001 21 73 114 0.003 54 117 126 0.013 87 29 176 <0.001 21 74 125 0.003 55 118 127 0.013 88 30 2 0.001 22 75 175 0.003 56 119 32 0.013 89 31 22 0.001 23 76 171 0.003 57 120 159 0.013 90 32 26 0.001 24 77 141 0.003 57 121 163 0.013 90 33 29 0.001 24 78 143 0.003 58 122 39 0.014 91 34 37 0.001 25 79 151 0.003 59 123 47 0.014 92 35 73 0.001 26 80 68 0.004 60 124 164 0.014 93 36 80 0.001 27 81 75 0.004 60 125 100 0.016 93 37 84 0.001 27 82 97 0.004 61 126 116 0.016 94 38 85 0.001 28 83 153 0.004 62 127 134 0.016 95 39 95 0.001 29 84 156 0.004 63 128 83 0.019 96 40 130 0.001 30 85 157 0.004 63 129 160 0.023 96 41 144 0.001 30 86 162 0.004 64 130 98 0.024 97 42 147 0.001 31 87 167 0.004 65 131 161 0.033 98 43 10 0.002 32 88 56 0.004 66 132 30 0.04 99 44 25 0.002 33 89 33 0.005 66 133 24 0.089 100 45 45 0.002 33 5 Table 2b: Copper Results, Bull Run Service Area Water Systems, May 2002 OBS Home# Copper Percentile OBS Home Copper Percentile OBS Home Copper Percentile m /L # (mg/L # m /L 1 41 0.025 1 46 177 0.18 35 90 67 0.28 68 2 179 0.031 2 47 133 0.18 35 91 84 0.28 68 3 165 0.036 2 48 29 0.19 36 92 97 0.28 69 4 76 0.048 3 49 33 0.19 37 93 117 0.28 70 5 55 0.053 4 50 1 0.19 38 94 169 0.28 71 6 164 0.054 5 51 8 0.2 38 95 112 0.29 71 7 175 0.06 5 52 22 0.2 39 96 86 0.3 72 8 12 0.065 6 53 23 0.2 40 97 170 0.3 73 9 168 0.069 7 54 39 0.2 41 98 70 0.31 74 10 128 0.07 8 55 71 0.2 41 99 131 0.31 74 11 15 0.078 8 56 89 0.2 42 100 171 0.31 75 12 37 0.081 9 57 45 0.21 43 101 146 0.32 76 13 176 0.086 10 58 65 0.21 44 102 32 0.33 77 14 104 0.091 11 59 80 0.21 44 103 159 0.33 77 15 95 0.095 11 60 172 0.21 45 104 160 0.33 78 16 73 0.096 12 61 135 0.21 46 105 151 0.33 79 17 93 0.097 13 62 75 0.22 47 106 35 0.34 80 18 155 0.1 14 63 85 0.22 47 107 42 0.34 80 19 138 0.1 14 64 92 0.22 48 108 43 0.34 81 20 145 0.1 15 65 141 0.22 49 109 116 0.35 82 21 125 0.11 16 66 149 0.22 50 110 2 0.36 83 22 7 0.12 17 67 6 0.23 50 111 14 0.36 83 23 110 0.12 17 68 100 0.23 51 112 47 0.37 84 24 161 0.12 18 69 121 0.23 52 113 68 0.37 85 25 162 0.12 19 70 137 0.23 53 114 134 0.38 86 26 173 0.12 20 71 140 0.23 53 115 19 0.39 86 27 59 0.13 20 72 163 0.24 54 116 11 0.4 87 28 74 0.13 21 73 142 0.24 55 117 119 0.4 88 29 17 0.14 22 74 144 0.24 56 118 66 0.41 89 30 99 0.14 23 75 148 0.24 56 119 147 0.41 89 31 105 0.14 23 76 52 0.25 57 120 98 0.43 90 32 157 0.14 24 77 126 0.25 58 121 21 0.44 91 33 178 0.14 25 78 10 0.26 59 122 44 0.44 92 34 153 0.15 26 79 16 0.26 59 123 127 0.46 92 35 158 0.15 26 80 24 0.26 60 124 36 0.48 93 36 167 0.15 27 81 96 0.26 61 125 61 0.48 94 37 136 0.15 28 82 114 0.26 62 126 122 0.48 95 38 139 0.15 29 83 124 0.26 62 127 87 0.49 95 39 26 0.16 29 84 69 0.27 63 128 132 0.5 96 40 106 0.16 30 85 109 0.27 64 129 63 0.54 97 41 156 0.16 31 86 111 0.27 65 130 130 0.57 98 42 107 0.17 32 87 56 0.27 65 131 30 0.62 98 43 123 0.17 32 88 143 0.27 66 132 83 0.63 99 44 25 0.18 33 89 3 0.28 67 133 62 0.66 100 45 101 0.18 34 6 Source Water Samulin Source water sampling was conducted on April 8 for the Bull Run System and the City of Tigard, on April 10 for Tualatin Valley Water District, and on April 25 for Powell Valley Road Water District. The results are shown below in Table 3. Table 3. Source Water Lead and Copper Monitorin Results Station Source Lead, mg/L Copper, mg/L Bull Run System Lusted Hill Treatment Outlet Bull Run Not Detected @ 0.001 0.020 Tualatin Valley Water District JWC Entry Point Joint Water Not Detected @ 0.001 0.018 Commission Powell Valley Road Water District Raymond Street Reservoir 100%Wells 3 &4 Not Detected @ 0.001 Not Detected @ 0.010 City of Tigard Bonita Pump Station Well#1 Not Detected @ 0.001 Not Detected @ 0.010 Bonita Pump Station Well#2 Not Detected @ 0.001 0.016 Conclusions Based on the data submitted,the following conclusions are offered: • For the eleventh consecutive six-month monitoring period following the installation of corrosion treatment the 901h percentile copper results were below the copper action level. • Although the copper level after treatment has been very stable, lead levels are more variable and remain close to the action level. • Increasing the pH of the treated water may have been effective in reducing the 90`h percentile lead results, however,prior experience indicates that these levels can rise with time. 7 Appendix 1. Sample Collection Instructions and Data Form sent to Customers. DIRECTIONS FOR WATER SAMPLE COLLECTION ❑❑WHEN: The sample must be collected after water has stood undisturbed in your household water pipes for at least 6 hours but no more than 18 hours. The kitchen faucet must be run until the water gets cold prior to the time when no water is used. This step will ensure that no water stands longer than 18 hours in your household pipes before sampling. We recommend that you collect the sample either before using any water in the morning, or before using any water after returning home in the evening. WHERE: Collect your sample from your kitchen cold water tap. If there is an in-line filter that cannot be bypassed on the kitchen faucet you can use a bathroom faucet. HOW.- -Open the sample bottle and place it beneath the faucet. - Gently open the cold water tap. - Fill the bottle to the shoulder and turn off the water. - Tightly cap the sample bottle. FOR SAMPLE PICK UP.Place the filled bottle, along with this form, outside your front door as early as possible on the day that your sample will be picked up. QUESTIONS? Call Dave McDonnell at 823-7336. TO BE COMPLETED BY RESIDENT: 0 Water was last used before sample collection at: Time Date ❑ Sample was collected at: Time Date ❑ Sample was collected from: 0 Kitchen faucet,cold water tap 0 Bathroom faucet,cold water tap ❑ Describe any plumbing repairs or replacement done since the previous sample was collected: ❑ I have read the directions above and have collected this sample in accordance with them. Printed Name Water Service Address Date Signature Mailing Address(if different from above) WATER SYSTEM WATER SYSTEM NAME: SOURCE 1:Name and%: SOURCE 2:Name and%: Comments: USE ONLY 8 Appendix 2.Addresses for Joint Monitoring Plan Tap Sampling, May 2002 ADDRESS IZIP ADDRESS ZIP 3415 NE 33RD PL. 97212-2655 11 SW CANBY ST. 97219-4662 25 NE 76TH AVE. 97213-6322 4705 SW CAMPBELL CT. 97201-1283 8506 NE HASSALO ST. 97220-5716 810 SW DOLPH ST. 97228-6476 2306 NE 150TH AVE. 97230-4552 1320 SW KARI LN. 97219-6476 2411 NE 151ST AVE. 97230-4559 4537 SW MARIGOLD ST. 97219-5227 2234 NE 153RD AVE 97230-5248 604 SW CALIFORNIA ST. 97219 6305 SE SHERMAN ST. 97215-4068 634 SW 6TH CT. 97219-6560 6315 SE SHERMAN ST. 97215-4068 814 SW DOLPH ST. 97219 6106 SE SHERMAN ST. 97215-4065 2840 SW ILLINOIS ST. 97201-1013 7663 SE 22ND AVE. 97202-6253 2821 SW CAROLINA ST. 97201-1094 8525 SE RAYMOND CT. 97266-3152 2723 SW CAROLINA ST. 97201-1086 9334 SE CLATSOP ST. 97266-6420 2542 SW ORCHARD HILL LN. 97035 7222 SE 133RD PL. 97236-5482 2921 SW ORCHARD HILL PL. 97034 5722 SE 47TH AVE. 97206-6101 2902 SW ORCHARD HILL PL. 97035 14310 SE CRYSTAL CT. 97236-5362 2917 SW ORCHARD HILL PL. 97035 13431 SE GLENWOOD ST. 97236-4976 2815 SW ORCHARD HILL PL. 97034 16750 SE NAEGELI DR. 97236-1350 2626 SW ORCHARD HILL PL. 97034 16780 SE NAEGELI DR. 97236-1350 3426 SW STEPHENSON ST. 97219-8273 13525 SE GLENWOOD ST. 97236-4983 11845 SW 34TH AVE. 97219-8248 16765 SE NAEGELI DR. 97236-1368 3315 SW ARROWOOD DR. 97219-8214 4715 SE 87TH AVE. 97266-3045 11814 SW DICKINSON CT. 97219-8270 545 SE 61ST AVE. 97215-1909 12248 SW 34TH AVE. 97219-8252 12152 SE KNAPP LN. 97266-4926 10215 SW 36TH PL. 97219-6103 4004 SE KNAPP ST. 97202-7823 10125 SW 36TH CT. 97219-6129 11310 SE BROOKSIDE DR. 97266 3235 SW DICKINSON ST. 97219-5729 3735 SE 43RD AVE. 97206-3282 10020 SW 36TH CT. 97219-6128 6801 SE 144TH AVE. 97236-4990 3530 SW COMUS ST. 97219-8270 6636 SE TOLMAN ST. 97206-6640 4005 SW POMONA ST. 97219-7439 13320 SE KNAPP CT. 97236-5490 4205 SW VESTA ST. 97219-7450 4013 N JUNEAU ST. 97203 10505 SW 43RD AVE. 97219-6991 4121 N JUNEAU ST. 97203 10727 SW 41ST AVE. 97219 4115 N JUNEAU ST. 97203-2068 10051 SW BALMER CT. 97219-6374 7207 N BOSTON AVE. 97217-5715 10007 SW BALMER CT. 97219-6374 4040 N JUNEAU CT. 97203-2057 5819 SW LURADEL CT. 97219-5731 9215 N BRISTOL AVE. 97203-2139 9530 SW 55th AVE 97219 4091 N ATTU ST. 97203 6412 SW DOLPH DR. 97219-4946 4095 N ATTU ST. 97203-2058 4114 SW MARIGOLD ST. 97219-5220 4207 N JUNEAU ST. 97203-2064 9223 SW 52ND AVE. 97219-5003 812 NW 17TH AVE. 97209-2306 4341 SW LOBELIA ST. 97219 3435 NW VAUGHN ST. 97210-1246 5750 SW LURADEL CT. 97219-5732 2818 NW ARIEL TERR. 97210-3119 6034 SW JAN TREE CT. 97219-1153 3128 SW CASCADE DR. 97201-1814 3331 SW MITCHELL ST. 97201-1260 3324 SW SHERWOOD PL. 97201-1461 2930 SW FAIRVIEW BLVD. 97201-1808 5155 SW HUMPHREY BLVD. 97221-2312 6212 SW DICKINSON ST. 97219-6666 3455 SW DOSCH RD. 97201 7469 SW DAISY DR. 97007 5401 SW ALTA MIRA CIR. 97201-2794 13131 NW DUMAR ST. 97229 9 ADDRESS ZIP ADDRESS IZIP 7047 SW CHAPEL LN. 97233 8583 SW DAKOTA CT. 97062 9780 SW CYNTHIA ST. 97008 2503 SW BRIXTON DR. 97080 7500 SW ELMWOOD ST. 97223 2824 SW TEGART AVE. 97080 6950 SW ALDEN CT. 97223 2610 SW WILLOW PKWY. 97080 5685 NW PONDOSA DR. 97229 2039 NW 16TH ST. 97030 1385 SW 208TH AVE. 97006 2827 SW TEGART AVE. 97080 20807 SW IMPERIAL PL. 97006 14725 SW 83RD AVE. 97224 20967 SW AUGUSTA CT. 97006 9750 SW RIVERWOOD LN. 97224 10136 SW WASHINGTON ST. 97225 17019 NE EVERETT ST. 97230 10150 SW TODD ST. 97225 16346 NE TILLAMOOK ST. 97230 17830 NW DOGWOOD CT. 97006 17121 NE EVERETT ST. 97230 4570 SW SOUTHVIEW TER. 97009 16443 NE TILLAMOOK ST. 97230 6780 SW 158TH AVE. 97007 19623 NE HOLLADAY ST. 97230 7340 SW 183RD PL. 97007 15928 NE RUSSELL ST. 97230 15615 NW RIDGETOP LN. 97006 1269 NE 162ND AVE. 97230 15432 NW WHITE FOX DR. 97006 3303 SE 167TH AVE. 97236 10587 SW WOODS ST. 97225 6780 SW 158TH AVE. 97007 4115 SE 101ST AVE. 97266 1861 SE 106TH AVE. 97216 8174 SW PONCA CT. 97062 15457 SE RHINE ST. 97236 20869 SW 103RD DR. 97062 7850 SW BOND ST. 97224 20543 SW ELK HORN CT. 97062 10 7 � Backup restores pressure to Canterbury Hill's water TIGARD—The city has re- stored water pressure to residents in the Canterbury Hill area after getting complaints on Monday from about 40 residents about low pressure. City workers were able to turn on a backup system to restore pressure.As of Wednesday,crews were still working to fix a pump that failed. Anyone with questions can call the city at 503-639-4171,Ext. 2609. i 1 Waterpressure restored on CanterburyKM TIGARD—Residents of the water pressure to the area, Canterbury Hill area experi- according to Richard Sattler, enced a loss in water pressure who works in backflow preven- around 6:30 p.m. Monday, July tion in the Public Works 8, with more than 40 of them Department. calling the city. "The city of Tigard would City crews investigating the like to apologize for any incon- problem discovered that one of venience this incident may have two pressure-sustaining pumps caused to residents and thanks _ supplying water to the section of everyone for their patience and Little Bull Mountain east of understanding,"Sattler said. Pacific Highway was not operat- People with questions are ing properly. asked to call the city's water Crews switched the second quality and supply supervisor at pump into operation to restore 503-639-4171, Ext. 2609. TT ■ The Times July 11, 2002 ■ ,c, 'Vater cons eivation urged to avert late-summer shortfalls I TIGARD — Yes, even Oregonians need to conserve is the top summer water wasting water. "By conserving activity. In addition, over-water- As preposterous as that may ing isn't healthy for lawns seem to some that's because it causes shallow roots fewways exactly the water we can dela building stora e ' a. ' message water providers Y g g makes the ass more susceptible g p v�ders are tout- � -. ing in its new, summer-long mul- facilities,transmission lines and costly new sources. to disease and leaches fertilizers Lust doing a few simple things around the house can save timedia campaign. The theme and nutrients away from the thousands of gallons "Just an inch a week for a healthy It also leaves more water in the roots. Over-watering also makes ■watering the landscape in the morning instead of midc ay looking lawn," is just one of the your grass grow faster, which can save"","600,941 lons per year many ways Oregonians can work streams for fish. equals more mowing. ■i.Is ng a Bose ruizzle while washing a car instead of lean_ together to ensure adequate water "This isn't about reducing a ing the wateftItinning can save up to 135 gallons per wash. supplies. line-item exponse on your water going to a csr wash uses about 20 to 35 gutlo .s water ( n "The city of Tigard does not bill," Geisen said. "By conserv- recycle the water)and it doesn't sank your sneakers. Y own a water source capable of in water we can dela building p ebecca Geisen g Y g ■Converting 1,000 square feet of lawn to low-water-use supplying enough water to meet storage facilities, transmission perennials and shrubs can save up to 8,000 gallons of water current demand," explained Sara Regional Water Providers Consortium lines and costly new sources. It over a summer-and that's if the lawn is watered just°1 inch per Danz, water conservation coordi- also leaves more water in the wsh. Ieek. nator for the city of Tigard. "That's why region's storage and transmission systems "Working r together eams for fito conserve is an ' E Watering 1,000 square feet of lawn 1 inch per week water conservation is an integral part of our are strained later in the season due to high Oregon ethic," Geisen said. "Whether it's requires 625 gallons of water. If you water 2 inches a week city's long-term water supply plan." water usage and low rainfall," said Geisen. recycling household waste conservingener- are wasting 625 gallons per week or 10,625 gallons over four you g PPY "We're not asking people to stop using According to the consortium which gy or reducing water usage, it's common months. water; we're just asking them to use it sensi- includes 22 According water agencies and sense to preserve our state's natural Sweeping the driveway instead of Hosing it dawn will save b1Y," agreed Rebecca Geisen, conservation Metro, the Portland metropolitan area uses resources" approximately 135 gallons of water. program coordinator for the Regional Water up to two times as much water during the A cornucopia of water-conservation con- i Turning off the water while brushing your teeth will save Providers Consortium and senior planner for summer as other times of the year. cepts — including the right way to water an average family of four up to;200 gallons of water per week. the city of Portland Water Bureau. Consumers draw water from reservoirs faster lawns and gardens — is listed on the "There's no question that our state is than they can be kept filled. (Source:Regional Water Providers Consortium_www.con- blessed with abundant rainfall, but our Geisen explained that lawn over-waterine ' 'tcegional water c0nse rs Consortium's new ,b site:_www.conse..Ph2o.org, serveh2oorg.) 3M SW B3 THE OREGONIAN ♦ FRIDAY,JULY 26,2002 Oregon Live Complete local and suburban news x Ext from The Oregonian can be found at: www.Oregonlive.com/oregonian/today PORTLAND Panel expensive Run filtration near Mount Hood,the group said, The membrane filtration plant fits well beyond screening patho- to meet growing demand and with Authority or through long-term The citizens group suggests and the health benefits of treat- would be built at the Powell Butte gens. The petroleum-based filters basic maintenance needs not be- contracts. ment"may be miniscule or nonex- Nature Park in east Multnomah would capture the mud that rushes ing met. Portland Commissioner Dan seeking a federal waiver on istent." County — over the objections of into reservoirs during heavy winter Suburban options Saltzman, who recently took over the deadline to eliminate a Jay Formick, who heads the re- Park backers—or at the bureau's storms, shutting down the Bull oversight of the bureau from Com- view board's water committee, more remote Lusted Hill site. Run system three times in the past The review board's nightmare missioner Erik Sten, said he microbe from water five years. scenario is that the city commits to doesn't have a preference yet be- noted the city has received federal Ratepayer issues the huge project, but the suburbs tween ultraviolet fight treatment By SCOTT LEARN waivers from earlier filtration regu The ability to filter mud also opt to tap other water supplies in and membrane filtration. THE OREGONIAN lations. The utilities review board has would allow construction of a third the comingears,leaving Portland built a higher political profile of dam or raising the two existing y g Saltzman also wants to clarify The citizens group charged with "The bureau has experience and ratepayers stuck with the filtration with the Environmental Protection watchdogging TheciPortland's water success getting waivers," Formick late. It was the first to call for re- dams to expand the Bull Run sup- bill. Agency whether a waiver is possi said. "It's been done before. Let's Placement of the Water Bureau's ply. And it would remove color and sewer rates recommended flawed computer billing system, taints from fall leaves that have "After the bonds are sold to ble. Thursday that the city drop an ex- give it a shot." build the filtration plant, they're But Saltzman and Anoushirava- and it has been more aggressive on prompted suburban complaints. _ _pensive plan to filter microbes and If the waiver doesn't come going to have a much more accu- ni said cryptosporidium, even in mud from the Bull Run water sup- through,the city should choose the ratepayer issues. Formick was also on the treat- rate read on rates," Formick said. small amounts, could pose health ply. least expensive treatment option, Portland ratepayers are already ment panel and cast the sole vote "Our wholesale customers are risks to children and the elderly. Instead, the Portland Utilities ultraviolet light treatment at $55 paying one of the higher urban against its membrane filtration going to take a second look, and The parasite that killed more than Review Board said,the city should million,the review board said.The sewer rates in the nation, accord- recommendation. He said filtra- some of them may say they just 100 people and sickened 400,000 in step up water testing and ask the plant would be built in the Bull ing to a survey of 49 U.S. cities by tion does have extra benefits and can't do that." Milwaukee,Wis., in 1993, prompt- federal government for a waiver Run reserve. the engineering firm Black & could work in the very long term. Water Bureau Director Mort ing the drive for increased regula- from an expected rule that will re- A separate Bull Run treatment Veatch. Portland's water rates are But Formick,now backed by the Anoushiravani said the bureau tion. quire increased treatment to kill panel has endorsed the most ex- in the middle of the pack,the firm review board as a whole, argues would phase in a filtration project, pathogens by 2010. pensive option, membrane filtra- said. that rates are climbing too high to and would not proceed unless sub- The microbe targeted by the ex- tion, which carries a $202 million The treatment panel concluded commit to such a huge project urban customers are locked in, You can reach Scott Learn at pected rule, cryptosporidium, is price tag and could boost water that membrane filtration was now,particularly with the suburbs either through ongoing negotia- 503-221-8564 or by e-mail at rare in the two Bull Run reservoirs rates by 12 percent to 30 percent. worth paying more for,with bene- not locked in to using the Bull Run tions to set up a regional Bull Run scottlearn@news.oregonian.com. A20 ® 2M OREGON & THE WEST THE SUNDAY OREGONIAN ♦ JULY 21,2002 Bull Run tracthas onquenchedPortland's thirst ordanders have an abiding 1859 of the Portland Gas Light Co., The Bull Run vately to grumble that he should be love affair with a large, the third of its kind on the West Watershed and more rightly named"Sylpester An- woodsy chunk of land near Coast.In 1862,Leonard and Green Bull Run Lake, nover," gave it a governmental Mount Hood the vast ma- bought Pioneer Water for $5,400�� which sit in taste test. joritywill never see. and spent $50,000 expanding it �� i � the shadow of According to MacColl,Pennoyer into the Portland Water Co. Mount Hood They cringe at the thought of its �� � "allowed but drain none that it had neither the being defiled for anything other In 1865 Leonard and Green were of their body nor flavor of the Willamette." than the sparkling elixir for which leading investors in the Oregon moisture from Despite the board's duplicity, it's famous:80 to 180 inches of rain Iron Co.in Oswego,with merchant the mountain, Portland,at 75 cents per residential each year;21 billion gallons stored bankers William S. Ladd and Hen- have been the water customer per month,"would in Bull Run Lake and behind two ry Failing as lesser partners. Over have the second-lowest rates in the dams; as much as 200 million al source of g the next 20 years, the foundry Portland's nation,"says MacColl,'only slight- lons each day piped to Portland struggled to stay in operation and water since ly more than those in Niagara Falls, and surruunding communities. morphed into Oregon Iron&Steel 1895. New fork." Until now they've been willing Co., while Portland gradually out- Within two years "the City's to share that bounty only in a pe- grew its private water supplies, SERGE McCABE health officer documented a phe- ripheral sort of way. That looks mainly wells and the increasingly , THE OREGONIAN nomenal decrease in the number about to change as city leaders polluted Willamette River. of cases of typhoid fever and the consider giving up In 1885 the major , lowest death rate on record at the peddling water to 0 _ player on the local other communities t political scene was tune,"according to the city Bureau and enlisting them Joseph Simon, a Re of Water Works'Web site. as full-fledged part- publican lawyer In 1904, President Theodore ners in maintaining characterized by de- Roosevelt signed a "Trespass Act" that nearly pristine tractors as "The further restricting access. supply of mountain Boss." Simon held Despite its pedigree, the Water $150,000 for the Crystal Springs the surrounding land was owned Between 1948 and 1993 the U.S. freshness. JOHN TERRY little sway over the Board was understandably held in Water Co.in Southeast Portland. by the federal government. Forest Service allowed about 25 Yet the city s in- Democratically con- low esteem by the City Council, Ladd, the chief influence on the The project ran into trouble percent of the watershed's timber fatuation with Bull Oregon's Trails trolled City Council, which voted 6-1 to designate it as board—its meetings were always when Gov. Sylvester Pennpyer; of to be logged.That may or may not Run water was not but his influence the"Oligarchy of 15."An appeal to held in his office—led a move to the Democrat People's Party, ve- have caused some later turbidity in always universal. During its court- over the Republican Legislature the Legislature to restore the spend anotiner$500,000 to tap Bull toed one measure to extend the the reservoirs, but it most certainly ship, the concept of tapping that was virtually complete. waterworks to city government Run for the city. Reed objected board's tax-free bonding capacity stirred consternation in the minds supply was widely, and justifiably, He directed state lawmakers and failed. A legal challenge to the publicly on grounds of cost and by $500,000 and then another. It of Portland pure-water buffs. regarded as just another scheme to Republican Gov. Zenas Moody in board was rejected by the Oregon claimed the existing water supply wasn't until 1891 that the board Lawsuits and federal legislation fatten establishment bank ac- creating two boards independent Supreme Court. was just fine. managed to push through $2.5 have since ordained the watershed counts. of the Portland council, the Board The board was authorized to sell Behind-the-scenes scuttlebutt million in taxable bonds. be restored and reserved exclu- The first effort at a municipal of Police Commissioners and the $700,000 in tax-free bonds to set indicated Reed was miffed because On June 17,1892,President Ben- sively for production of its No. 1 water supply came in the late Water Committee. Both were ap- up a municipal water system.They Ladd had maneuvered him out of ;aurin Harrison, at Portland's be- Product:aqua pura. 1850s with the private Pioneer pointed by the governor and pack- sold quickly, and, among eager the presidency of Oregon Iron & hest, declared the entire 102 Water Works. ed with Simon cronies. buyers were Ladd & Tilton Bank, Steel Co. Reed's objection dis According to E. Kimbark Mac- On the Water Board, as it was $2 0,000, and First National Bank, solved when,to and behold,he got nonal oresBt relserve.Run watershed a Questions,comments or- Coll's "Merchants, Money and known, were what MacColl calls $2 which Failing was president, his old job back and Oregon Iron& suggestions about Oregon history? Power,the Portland Establishment "15 of the city's most prominent Steel got an $84,872 contract for In January 1895,the tap was offi- Call Inside Line,503-225-5555, -1814-1913" (The Georgian Press, civic leaders — the cream of the $170,000. 1,997 tons of water pipe,the first of cially turned, and Bull Run water and enter 4815. Or e-mail 1988), that operation gave way to Portland Establishment,"including The board paid Green and many. In 1889, the board bought flowed into the city for the first johnterry@news.oregonian.com. merchants Herman Leonard and Ladd, Failing, Henry W. Corbett, Leonard $478,000 for Portland about four square miles of land in time. Pennoyer, whose negativity Unpublished questions cannot be John Green, founders in January Simeon Reed and Frank Dekum. Water Co. and Ladd&Tilton Bank the Bull Run watershed. Most of moved Judge Matthew Deady pri- answered individualh!. J July 18, 2002 ■ A3 Public invited to comment on drh*ing water proposal The Bull Run group will hold an open "For the first time, not have their own water sources. house Wednesday to discuss theregional water providers are exploring Area water providers note that the region's lo plan and answer questions major sources of water supply—the Bull Run ways to share drinking water management and system,the Clackamas River and the Tualatin- ) decision-making for two major water sources Trask rivers system—could be better coordi- ' TIGARD — Thirteen jurisdictions in the nated. The Bull Run proposal is the first step T region that have been working for more than a _the Bull Run Watershed and the Columbia in regional coordination of drinking water year on a plan to form a drinking water supply South Shore Wellfield:' supplies. agency want to hear from the public about the Participants could benefit through spread- pr Participants of the Proposed Bull Run. ♦ ing costs, sharing equity in the system,reduc- arti 11�egtcnal Drinki,ig :`Dater AS:,neing duplication and minimizing future ratey are "n0ding Ed Wegner impacts. several open houses,and one will take place in Tigard Director of Public Works The city of Portland has soul wholesale .Tigard next week. ized several open houses. The Tigard open water for more than 100 years. It now has 26 t "For the first time,regional water providers house will be held Wednesday, July 24, at the wholesale customers with 25-year contracts l are exploring ways to share drinking water Tigard Water District Building, located at that will expire in the next three to five years. management and decision-making for two 8777 S.W. Burnham St., and will run from In addition to Tigard, participating agen- major water sources — the Bull Run 6:30 to 8:30 p.m. cies in the proposal include the cities of Watershed and the Columbia South Shore Following a welcome to participants,intro- Beaverton, Gresham, Portland and Tualatin. Wellfield," said Tigard Director of Public Other participants include Clean Water Works Ed Wegner. "This project has signifi- ductions will begin at 7 p.m. followed by an Services Metro, Powell Valley Road Water Cance to the metropolitan area." overview of the project, questions, answers District, Raleigh Water District, Rockwood The project participants are now evaluating and a general discussion, with a wrap-up at Water PUD,Sunrise Water Authority,Tualatin a variety of models and approaches and should 8:20 p.m. Valley Water District and West Slope Water make a recommendation by September. By While the Portland metro area currently District. -the end of 2002,the jurisdictions are expected has enough water to meet demand, officials For more information, visit to decide whether to form and join the agency. are planning for the future to meet additional www.water.ci.portland.or.us and click on In an effort to encourage public involve- needs caused by growth. Many of the 38 "What's New?"or contact Wegner at 503-639- ment, the participating agencies have organ- drinking water providers in the metro area do 4171. Opp braft Minutes not et approved b the WWSA Board �L)''' o - Y PP Y Willamette Water Supply Agency Meeting Minutes April 30, 2002 Members present. Chair Paul Rogers (Clackamas River Water Board), Vice- Chair Bob Westcott (Canby Utility Board), Carl Gardner (Gladstone City Council), Ed Truax (Tualatin City Council), Joyce Patton (Tigard City Council), and Jim Doane (Tualatin Valley Water District Board) Staff present. Todd Heidgerken (Tualatin Valley Water District), Dirk Borges (Canby Utility), Mike McKillip (City of Tualatin), Jonathan Block (City of Gladstone), Ed Wegner (City of Tigard), Burton Weast (WWSA), and John Killin (WWSA) Others present. Lisa Melyan (Tualatin Valley Water District Board), Gordon Martin (Tualatin Valley Water District Board), and Jim Newton (Canby Utility Board) Public present: Jim Hansen (Tigard Resident) L Call to Order Vice Chair Bob Westcott called the regular meeting of the Willamette Water Supply Agency to order at 7:03 pm at the City of Tualatin City Council Chambers — 1884 SW Martinazzi Avenue, Tualatin, Oregon. Westcott explained that due to the upcoming withdrawal of Clackamas River Water from WWSA, Rogers chose not to chair this meeting and made arrangements for Westcott to act as chair. ll. Review of Minutes from January 29, 2002 The minutes from the January 29, 2002 were distributed. Rogers moved to adopt the minutes as presented; Doane seconded the motion. Without discussion, the motion carried unanimously. Ill. WWSA Financial Update A. A financial update for July 1, 2001 through April 30, 2002, was distributed. WWSA spent $39,914 in that time period. This left $30,086 remaining in the budget. As requested by Patton at the previous meeting, Heidgerken described the detailed budget breakdowns, also distributed. Patton and others expressed their appreciation of the detailed budget and check registers. (See Attachment 1) Draft, Minutes not yet approved by the WWSA Board. B. As a preliminary to a further discussion later in the meeting, Heidgerken describes the carryover from the last budget cycle. It appeared that there would between $90,000 and $100,000 left as an ending balance at the end of this fiscal year. IV. Executive Director Report A. Wilsonville Treatment Plant—Weast announced that the plant is now open. Heidgerken noted that in the first few days the City of Wilsonville had only-received seven phone calls in response to the change. B. Water Right— Killin and Heidgerken informed the board that there was nothing new to report. C. Updated Calendar and Taskforce List— Killin distributed an updated list of legislative and state agency workgroups. Killin very briefly listed workgroups of interest. Patton asked that this list be forwarded to the board a few days before the meetings to make best use of the meeting time. Weast also updated the group about the ongoing developments between Canby and the aggregate industry. Weast, Borges, Westcott, Hammond, and Newton met with the staff of the Land Conservation and Development Commission. Wesctott presented a brief background on the situation in Canby. D. Work Plan Update-Weast presented a short oultine of dual water distribution systems. The board accepted the report and asked staff to continue with the work plan. Doane offered the City of Portland's extensive research on the subject. (See attachment) E. TVWD Board Meeting —Weast briefly described the WWSA presentation, which was distributed to the board in the agenda packet. (See Attached) F. Western advocates Contract—Weast described the current Western Advocates contract and the need to make a board decision due to the end of contract period in June. He went on to explain that the contract was included in the annual budget and that the amount would not change from the previous year. Doane asked if the contract would be for one year or six months. Weast answered that it would be a one-year contract. Rogers moved to allow the Chair to review and sign a continued contract with Western advocates. Patton seconded the motion. Doane inquired as to the effect if TVWD were to withdraw from WWSA. Westcott answered that the contract would stand to and WWSA would still be obligated. Meylan expressed general concerns and asked if this would create a contractual obligation. Patton noted that the contract would note impact the budget but would instead secure staff for another year. Westcott called for a�' vote on the previous motion. The motion was passed unanimously. The board asked Draft, Minutes not yet approved by the WWSA Board. the chair to make arrangements with Western Advocates to review and sign a contract for an additional year. V. New Business a. Clackamas River Water's Withdrawal From WWSA- Westcott opened the discussion on withdrawal. He explained about the letter from Clackamas River Water and that he had requested a legal opinion to clarify the rules for withdrawal according to the WWSA agreement and by-laws. Staff contacted Chris Thomas, an independent lawyer. He delivered a legal opinion, which was forwarded to as many WWSA members as possible earlier in the day and distributed at the meeting. The legal opinion appeared to say that CRW would be liable for the 2002-2003 dues, because the dues would be assessed before the effective date of their withdrawal. Rogers noted a conflict on page two of the opinion and suggested that the board has the choice to allow a withdrawing member out of the fiscal obligation before the effective date. At this point in the discussion, Doane was needed at another meeting and left Meylan, his alternate, to act in his place. Rogers explained the situation at a Clackamas River Water board meeting during which the decision to withdraw was made. Withdrawal had not been an agenda item and he had attended via phone. The move had been spurred by public testimony. Rogers suggested that using the surplus carryover budget would allow everyone to avoid paying dues for one year and effectively allow CRW to not pay again. Patton considered Roger's point from page two of the opinion, but felt that the withdrawing member would still be fiscally obligated. Rogers suggested some form of mutual agreement that would allow CRW to withdraw in less then the mandatory 180 days. Patton pointed out that the opinion holds that such an agreement would require an amendment to the IGA. Westcott noted that CRW had already agreed to the budget and assessment at the January meeting. Westcott said that the opinion holds that the board must assess the dues or amend the IGA. Rogers noted that they could also use the surplus and not assess this year. McKillip asked what would happen to the budget in a year. Heidgerken pointed out that the board had never fully assessed its members. If the board relied on the surplus the ending balance next year would approach $10,000 or$15,000. Weast noted that there would be that much left as long as there were no major problems. Westcott asked what if the board chose to not assess, but then needed to. Heidgerken explained that they could assess more, but the accounting system would require supplemental budgets of each of the members, particularly TVWD as the holder of the funds. Rogers suggested that if dues were suspended that WWSA staff should come speak to the CRW board and explain the potential for later assessment. Westcott noted that braft, Minutes not yet approved by the WWSA Board. member entities should be careful to take a formal and serious look at the obligations before withdrawing. He said withdrawal should take a formal resolution because WWSA is a major entity. Patton returned the group to the legal opinion and noted that a member entity would have to deliver a withdrawal notice to WWSA in December to not be held liable for the following year's dues. She explained that it was a six-month window and that it has to be that way to allow for the member entities to account for the assessments in their budgets. She commented that Rogers is still a member until the effective date of the withdrawal and has every right to suggest using the surplus to defer dues. -Patton then noted that while there is a surplus it is largely by accident and there is no guarantee of being so fortunate in the future. She added that having the surplus allows a needed flexibility for the board. Westcott asked for further comments. Gardner expressed that he had no opinion at this time on what direction to take. Meylan explained that the TVWD board is divided on the issue of withdrawal and cited a number of concerns regarding the WWSA, staff, links to the Wilsonville plant, and the work plan. When asked for an opinion on the specific decision at hand Meylan said that she favored the concept of using the surplus to provide a suspension of dues. Westcott reframed the issued as that of a dues obligation. He pointed out that the board was not discussing CRW's withdrawal, but whether or not to assess them dues. He went on to note that if the surplus was used the board would be effectively left with no reserve. McKillip suggested that the decision did not have to be made immediately. Patton and Rogers agreed that some time to have staff and managers study the surplus and the options would be beneficial. Westcott added that if an emergency legal problem came about that a reserve could disappear very quickly and that a large reserve would allow some cushion. Borges agreed citing Canby's recent costly legal battles. Citing the interest of the board, Rogers moved to postpone the decision until the next regular meeting and to have staff and managers study the options more closely. Gardner seconded the motion, which passed unanimously. b. Nomination of Board Chair and Vice Chair- Rogers nominated Westcott as chair and moved to close nominations. Patton seconded the motion, which passed unanimously. Meylan nominated Doane for vice- chair. Rogers seconded the motion, which was also passed. A Public Comments Gordon Martin, a Tualatin Valley Water District Board member, made comments regarding the withdrawal and dues discussion. Martin noted that his comments were Draft, Minutes not yet approved by the WWSA Board. based on his own personal concerns and did not reflect a TVWD position. He said a board and its members need to have the ability to budget ahead. While he wished aloud that his own board had considered the issue more closely, he suggested that Patton's reading of the legal opinion was correct and that a member has to withdraw by December 31. He further noted that the board was wise for taking time to consider the issue more closely. VII. Announcements There were no announcements made. Vlll. Next Meeting Date The next WWSA Board meeting was set for Tuesday, July 30, 2002. The meeting is to be held at either the Tualatin Police Department or the Council Chambers at 7:00 p.m. IX. Adjournment Citing no further business before the Board, Rogers moved to adjourn. There were no objections. Vice-Chair Westcott declared the meeting adjourned at 8:33 PM. Comparison of Service Area Connections 1995-2001 • • of Service Connections 9/1/95 . Net Change % Change,! . 3 rr,3h' K 7,,FR c 9,066 9,447 381 4% x r' 2,560 2,661 101 4% }`� �, „� n 1,017 1,017 0 0% 329 333 4 1% 12,972 13,458 486 40/6 Breakdown 9/1/96 . Change 9 447 9,762 315 4% 2,840 179 4% 1,018 0 0% 340 7 1% il 13,458 13,960 501 4•A ' Breakdown of 9/1/97 9/1/98 Net Change % Change `Oftz9,934 172 2% r 2,840 3,016 176 6% mf x A r 1,018 1,018 0 0% 340 341 1 0% 349 3 13,960 14,309 /• 0 Breakdown of • • • •; • •• Net Change % Changei 9,934 10,212 278 3% f t dP rF 3,016 3,210 194 6% �y4 iX. A �. +r 4 r.� ,e x' x, r' 1,01$ 1,019 1 0% 341 345 4 1 14,309 14,786 477 3% Breakdown of -rvice Connections .. 00Change't10,212 10,786 574 6% 3,210 3,051 -159 -5% 1,019 1,022 3 0% "° a 345 349 4 1% �".'�x"'atr 5r` '^az+ 2'� .ww �53�,. '��. .k Six 14,786 15,208 422 3% Negative 159 for the uninco orated area is due to Walnut Island annexations to Ti and Breakdownof Service Connections • 00 .- k K f 10,786 11,081 295 3/o 3,051 3,151 100 3% 1,022 1,022 0 0% 349 355 6 2% E 1 n9� ,J L Y. •pni rku 15,208 15,609 401 3% Pagel BEAVERTON • Kesidents well slave say on fluoridation large numbers of cavities in chit- _ }r The City Council hears dren he sees. Downey estimated 3 ` that 10 percent of his preschool f° . pros and cons, then backs charges require hospital stays un- an advisor vote in der anesthesia while he fills sever November on the issue al cavities at a time. Aril Love, a retired dentist By RICHARD COLBY representing Stand for Children,a 4� THEORFGOVIAN pro-fluoride group, said she had BEAVERTON —,City residents consulted with personnel at the w"I have a say this fall about U.S. Environmental Protection fluoridating Beaverton's water. Agency and the Oregon Depart- With one City Council member Tent of Fish and Wildlife who "never heard of health problems absent, the other four unaru- for fish"caused by fluoridation. mcusly decided to put the issue Love, who lives in Scholls, and to an advisory vote, as requested by Mayor Rob Drake following a Gordon Empey, a Northwest sometimes-emotional hearing Portland dentist specializing in Monday night. public health, discounted oppo Given three minutes each, 16 nents' health concerns about people argued against fluorida- fluoridating water. tion; 13 spoke for it. Recalling that <;. Everett Koop When routinely asked by and David Satcher, former U.S. Councilor Forrest Soth whether surgeons general, had urged the question should be put to a water fluoridation, Empey said public vote,some opponents said that 50 years of medical research it ;,,hould, rather than letting the and experience with fluoride had council decide the issue on its shown "it's safe, effective, eco- nomical and even socially equit- ov,n. able." Don't listen to a group of den- tists or doctors who have been In the advisory vote Nov.5,res- persuaded that fluoridation is a idents' approval of fluoridation good idea," said Cyndy de Bruler would not legally bind the city to of Hood River. She contended adopt it, Chief of Staff Linda Ad- that fluoride-treated water that lard said Tuesday It would trigger reaches creeks and rivers might a study of how t>> inject fluoride harm aquatic life. into the city's water system most Her husband, Greg de Bruler, efficiently and economically. c�,ntended that scientists have Once that infe.mation became rot determined whether fluoride available, Adlard said, the ulti- combines with other substances mate decision on whether to to cause cancer. fluoridate would be put to the Others, including Lynne council. Campbell, executive director of Monday's action instructed Ad- Cregon Citizens for Safe Drinking lard and City Attorney Mark Pilli- Water from Lake Oswego,said the od to draft a ballot title for council addition of fluoride would con- consideration during its Aug. 19 tribute to fluorosis, a tooth and session at 6:30 p.m. in City Hall, bane problem created by too 4755 S.W.Griffith Drive. much exposure to the chemical. Beaverton supplies water to Campbell also complained that about 50,000 of its 78,000 resi fluoride opponents had been dents.The rest are served by sur- "shut out of this process" since rounding water agencies. One, Drake proposed the 'idea and the Tualatin Valley Water District, invited only proponents to speak fluoridates watei o about 123,000 ac a July 15 council work session. people, includin;y about 15 per- Several fluoride proponents, cent of Beaverto ,'s population on starting with Joyce Crunican, a the city's north and west sides. dental hygienist from Beaverton, Smaller portions of the city are provided accounts of preschool within the West Slope and Raleigh children painfully afflicted with water districts, and the former mouthfuls of cavities. Crunican Metzger Water I.;strict that is part said some cavities, although not of the Tualatin Valley agency. L1, could have been prevented by None of those areas has fluori- the children's drinking fluori- dated water. dated water. Adlard said, however, that all Eric Downey, a Beaverton pe- voters within the city limits would diatric dentist for the past year be ellgiole to cast ballots on the who trained in largely fluoridated issue because caywide votes can't Iowa, said he was amazed at the be subdivided b^district lines. j Integrated Water Resources Management Water Supply Feasibility Study Project Progress Report-July 17, 2002 These are the project elements completed since the last report of Water Manager Group meeting of May 15, 2002. The June meeting was postponed due to scheduling conflicts. 1. Feasibility Study Project Review • The Study work has been focusing on the source options review, identification of impact areas,including the road relocation and field studies for wetlands and wildlife habitat. The fish habitat studies will be conducted in late July or early August. There was good success on receiving permission to access the private property around the Lake. There were only 6 of the 25 that either did not respond or denied access. So far we have not had any complaints from the neighbors concerning field studies. • On June 3,a tour was conducted with the staff of Senator Smith and Representative Wu offices. Bill Gaffi, CWS General Manager, Tim Erwert, Joint Water Commission Manager, Linda Kelly,CWS Public and Employees Division Manager,Tim Rutten, governmental affairs consultant and I led the tour and helped provide important information to the congressional staff members. Through our governmental affairs consultant,we are moving forward with a request for additional BOR funding of$500,000 for their FY 2003 budget and $2.5 million in future years for next phases. A letter of support for the federal request will need to be sent to the Congressional Delegation from the partnering agencies. A memo and draft letter will be provided. • The Sain Creek Tunnel Scope of Work has been provided by MWH and is being reviewed. The cost of preliminary assessment of the feasibility of the tunnel is $39,387. The Scope is in addition to the original MVH Contract and would use up the 10%budget contingency presented at the January WMG. The initial appraisal cost was about$5,000. The Scope includes optional tasks on flood control and hydropower,which would increase the cost to $46,479. The water availability portion of the work effort will be provided by the CWS project manager.There may need to be further discussion on the work element. • As many of you know there is a small diversion dam in Sain Creek,which Washington County Facilities and other partners have been looking at possible opportunities to deal with the dam. The dam is currently filled with sediment and debris. The dam was built prior to the Hagg Lake and provided water to City of Hillsboro and later to County Park facilities. In the future,there may opportunities to discuss how this small dam could be an element of the Study. • A preliminary meeting was held with Washington County Land Use and Transportation staff to determine any initial issues with the proposed water supply options. Depending on the level of federal participation,there maybe issues with county code on the road relocation,park facilities and environmentaf elements. Progress Report 1 Integrated Water Resources Management Water Supply Feasibility Study Further review of these issues will be needed during the later phases of the project. • There is a continuing challenge on the coordination between the BOR work processes and MWH contract. Given the lack of BOR funding,we have slowed the progress of MWH to improve the coordination with the BOR work pace. MWH will provide an updated project schedule next month. The project is slightly behind schedule, and within budget. There are two additional Study elements that were not included as part of the Joint Funding Agreement. The governmental affairs consultant and Sain Creek Tunnel appraisal task may need additional funding. A revised budget and schedule will be provided in the near future. The Bureau recently approved$75,000 for this year,which funds will be focused to conduct the engineering studies on the dam embankments and spillway. The current funding for next year is$25,000. For the Bureau to complete the Memorandum of Agreement tasks is estimated to cost an additional $200,000. These tasks are the dam engineering,economics,cultural resources, and flood control. 2. Public Involvement Process • The fourth meeting with the Hagg Lake Neighbors was conducted on June 13. The attendance was about 25 neighbors,two newspaper reporters and several staff. The neighbors voiced frustration about the loss of property value, impact of new road and being in limbo as to their property. However,the meeting was very calm and the attendees maintained a high level of respect. Most of the neighbors understand the water needs issue and some have even offered reasonable suggestions about the options. One person circulated a petition to form a group to oppose the Study. The neighbors were encouraged to participate in the process and were given the opportunity to contact us for a personal site visit. We have made three Hagg Lake neighbors property visits to discuss concerns and options. All three have been positive and provided important information to the Study. A few of the neighbors have requested a benchmark on their property to show the raised water level. • A small display for use at community events is being developed. A schedule for the use and location of the display for the partners will be discussed. A website survey and comment card has been developed to seek additional public input on the Study and the proposed options. We would like to encourage the partners to link to our website,if that is possible. • A Water Supply Studies Update for local elected officials met July 12 to discuss this Study and other regional water projects. This forum provided an update on the Study and the three proposed main options. A future meeting of the group was discussed for possibly October or November. Progress Report 2 WATER SUPPLY FEASIBILITY STUDY SAIN CREEK TUNNEL EVALUATION SCOPE OF WORK This work will be performed in conjunction with the WSFS. The overall objective is to prepare a preliminary assessment of the feasibility of the Sain Creek Tunnel as a water supply facility associated with a potential raise of Scoggins Dam. This preliminary assessment will provide planning level cost information, best estimates of hydraulic yield and reconnaissance-level environmental review. This information will be used to determine whether a more detailed evaluation of the Sain Creek Tunnel should be conducted as part of the WSFS. Task 1.0 Geology and Seismicity Review background information. Prepare a section of the draft Technical Memorandum on geology and seismicity in the area of the tunnel. Deliverables: MWH-One section of the draft Technical Memorandum. CWS - available information on area geology and seismicity. Relevant information from Barney Reservoir expansion. One set of consolidated comments on the draft TM Task 2.0 Field Inspection Conduct field inspection of potential intake locations, tunnel alignments and discharge locations. Conduct a reconnaissance-level environmental review and prepare a qualitative assessment of impacts associated with the tunnel facilities. A section of the final Technical Memorandum will be prepared discussing engineering options, including maps , figures and drawings showing tunnel facilities. A section of the final report will provide qualitative information on environmental impacts. One meeting will be held with -CWS and its designated partners to discuss tunnel routing alternatives. Deliverables: MWH- One meeting with CWS. Two sections of the draft Technical Memorandum CWS- attendance at meeting. Coordination of site access and participation in field survey as needed. Existing drawings and property information as available. Task 3.0.Hydrology Assess potential water yield of the tunnel and its impact on reservoir filling. It is assumed that CWS will provide the operating constraints on the tunnel, which will specify the anticipated flows in cfs and the acceptable seasonal beginning and ending dates for tunnel water conveyance. Based on the data provided by CWS,MWH will develop and refine the hydrologic model of the tunnel/reservoir system. WSFS pV 1 Sain CnA*Twmd Scrapie of Work r r Deliverables: MWH - a section of the draft Technical Memorandum describing tunnel hydrology, including graphs,charts and text. CWS - Operational parameters of the tunnel,including anticipated flow in cfs and seasonal operating constraints. Task 4.0 Cost Estimate Develop a preliminary size for the tunnel based on area hydrology and releases from Barney reservoir. Evaluate alternative construction methods and develop planning-level cost estimates for the alternatives. Prepare a section of the final report. Deliverables MWH- section of the final report. CWS-information on area hydrology and Barney reservoir releases. Task 5.0 Draft and Final Technical Memorandum Prepare a draft technical memorandum incorporating the results and findings of the major tasks described above. One presentation to the Partners to discuss the results and findings of the study. Following receipt of comments from the Partners, a final Technical Memorandum will be prepared. Deliverables: MWH-One hard copy and one electronic copy of the draft Technical Memorandum One meeting and presentation materials. One hard copy and one electronic copy of the final Technical Memorandum. Task 6.0 Project Management Assure integration of the tunnel evaluation into the WSFS. Provide cost and schedule control. Optional Task 7.0 Hydropower Evaluate the potential hydmpower benefits of alternative tunnel configurations. One meeting will be held with CWS to discuss the potential yields and operations. Deliverables: MWH-a section of the final report. One meeting with CWS. CWS-Attendance at one meeting. Optional Task 8.0 Flood Control Evaluate daily streamflows in the upper watershed to determine the effect of a potential tunnel on downstream hydrology. Quantify the flood control benefit of the project. One meeting will be held with CWS to discuss the potential yields. This meeting could be coordinated with Task 5.0. WSFS page 2 Sain Cnrk Twvrd Scope of Work Deliverables: MWH-a section of the final report One meeting with CWS. CWS-Support in collection of hydrologic data as needed. One meeting. WSFS page 3 Sain Gwk Travel Scopeof Work :R SUPPLY FEASIBILITY STUDY CREEK TUNNEL EVALUATION BUDGET ESTIMATE 0 y � I~ o U o � on o v "p O y. �, � W ��+ ►�i f�7w p O y p F+ O O 4> O '� k4 C C7 O O PERSON " F`., Obermeyer 8 16 8 4 Passage 41 24 32 16 Professional M 12 24 8 16 Professional IV 16 Crockett 16 4 Thurin 64 24 Haapala 10 Professional I 16 16 Administrative 12 TOTAL 16 72 80 56 52 20 10 44 Labor Cost $1,820 $8,712 $10,320 $7,640 $6,280 $1,568 $1,400 $5,192 Expenses $132 $1,000 $750 $500 $500 $165 $500 Total Cost $1,952 $9,712 $11,070 $8,140 $6,780 $1,733 $1,400 $5,692 Tualatin Basin Water Supply Feasibility Study FACT SHEET Finding Water for the Future Managing water resources for the future Our community's water needs will double in the next 50 years, calling for an additional 16.3 billion gallons (50,000 acre feet) of stored water each year. People who live and work in the Tualatin River watershed in Washington County are fortunate that water providers are planning ahead to ensure there will be sufficient water for families, factories, farms, forests and fish. How we meet these changing water needs will play a critical role in the health of our environment, economy and the quality of life throughout our region. Water supply feasibility study In 1999, water managers in Washington County completed the Integrated Water Resources Management strategy, a framework for water users and resource managers to meet shared objectives even though their needs and issues vary widely. They agreed the top priority was water supply. The near-drought conditions of 2001 underscored this need, and the managers embarked on the Water Supply Feasibility Study (WSFS), a two-year technical evaluation of options to meet water demands through the year 2050. The projected cost of the study is $850,000. Do we really need more water? Our region has plenty of water most of the year, but in the summertime river flows are low, farms need irriga- tion, and residential water use more than doubles. Rain cannot refill the reservoirs as fast as we use water.We could simply use less water, but that still would not meet the projected demands. In fact, conservation efforts in the past decade have cut per capita consumption of water by nearly 10 percent and significantly eased peak demands. Consider these assumptions: • By 2012, residential and industrial users will run short without new water sources; the average family of five uses 325,850 gallons (one acre foot) per year. • Spring Chinook salmon and steelhead are listed as threatened under the federal Endangered Species Act; restoring fish habitat will require more water. • The federal Clean Water Act defines the Tualatin River and its tributaries as "water quality limited" because late summer and early fall flows are diminished by competing uses of water resources; more water supply is needed to restore stream flows. • Nearly 27,000 acres of irrigated farmland are projected to have enough water unless crop types change. What Water Supply alternatives are being considered? People want water that is clean, constant, cool, and cheap.An initial list of alternatives to be consid- ered include: • Expansion of Hagg Lake by raising Scoggins Dam 20 or 40 feet • Transfer of Willamette River water for irrigation • Increasing storage along tributaries • Conservation • Reuse of cleaned wastewater for irrigation The intent of the study is to determine the feasibility of these and other potential sources that might arise in the public review process. (over, please) How are alternatives being evaluated? The initial criteria consider technical, environmental and social impacts in the context of public values. The study will look at safety, reliability, cost, efficiency, flexibility, and impacts on the environment. The public review process will help refine the criteria. Is WSFS being coordinated with other studies? Absolutely. There are a number of studies and initiatives underway related to or impacting the search for more water supply in the Tualatin Watershed, including the Regional Water Supply Initiative and Plan Update, the Hagg Lake Resources Management Plan (Bureau of Reclamation), and Wapato Lake Planning Project (U.S. Fish and Wildlife). These studies have different timelines, funding sources and lead agencies and will have their own public meetings, information and involvement processes. The WSFS partners are coordinating their efforts with each of these studies, sharing resources and information, and eliminating redundancies when possible. How the public can help plan for the future In preliminary studies, scientists and engineers identified potential water sources to be evaluated. At least four feasible alternatives will be presented to the general public for review. Their comments will become part of the body of knowledge used in selecting preferred alternative(s). Because the preferred alternative might involve federal action, the study will complete the investigation and analysis necessary to develop a Planning Report and Environmental Impact Statement (PR/EIS). In this case, a draft PR/EIS would be prepared pursuant to the National Environmental Policy Act (NEPA) and presented to the public for comment in the future. More than 20 public presentations have been made to explain the Integrated Water Resources Management strategy and WSFS.A broad range of stakeholder groups are formally represented by the Tualatin River Watershed Council and the Clean Water Services Advisory Commission which have been involved from the beginning Water Supply Feasibility Study Partners Clean Water Services is leading the study in cooperation with the U.S. Bureau of Reclamation. Other partners include the Cities of Banks, Forest Grove, Cornelius, North Plains, Hillsboro, Beaverton, Tigard, Tualatin, Sherwood and the Tualatin Valley Water District. The Bureau of Reclamation is involved because one alterna- tive is raising the dam at Hagg Lake, a federal facility that is owned and operated by the Bureau. To learn more To learn more about the Water Supply Feasibility Study, please contact: Tom VanderPlaat, Clean Water Services Project Manager at(503) 846-8758 or vanderplaaft@cleanwaterservices.org Dave Nelson, Bureau of Reclamation at (503) 872-2795 or drnelson@pn.usbr.gov Jeanna Cernazanu, Clean Water Services Public Affairs at(503) 846-3619 or cernazanuj@cleanwaterservices.org 12/01 Tualatin Basin SPRING 2002 UPDATE ,i Water Supply Feasibility Study Purpose of the Study The Tualatin Basin is continuing to grow and the demand for water is expected to double by the year 2050. In addition to needing water for homes, businesses and agriculture, there is a need to restore flows to the Tualatin River to improve water quality and protect steam habitat. An additional 50,000 acre feet of water will be needed by the year 2050 to meet the growing demands. The purpose of the Tualatin Basin Water Supply Feasibility Study (WSFS) is to evaluate reliable, safe and cost-effective water supply options to meet the long term water needs of the Tualatin Basin. First Steps in the Study The WSFS was started in November 2001 as a collaborative effort led by Clean Water Services, in coop- eration with the U.S. Bureau of Reclamation and local water resource agencies. The first step in the study was to conduct a Scoping Process, in accordance with the National Environmental Policy Act (NEPA). The Scoping Process occurred from January—April 2002 and focused on public review and comment on the development of evaluation criteria and a range of source options. During this process, the study partners held five open houses and made presentations to stakeholder groups including the Tualatin River Watershed Council, Clean Water Services Advisory Commission, natural resource agencies and other interested groups. Public comment about the study was received at public meetings as well as through faxes, e-mails and phone calls. In response to many questions raised about the study, a list of Frequently Asked Questions with responses has been compiled and is available to the public via Clean Water Services web site at www.cleanwaterservices.org. Screening of Source Options Study partners reviewed public comments from the Scoping Process and analyzed information on the feasibility, cost and impacts of the potential source options. They then screened the source options based on their ability to meet the criteria. The criteria included the following elements: ✓ Cost and cost allocation ✓ Feasibility (legal, institutional, regulatory, financial) ✓ Reliability (supply and emergency) ✓ Efficiency, timeliness ✓ Water quality, recreation, flood control ✓ Environmental impacts, property rights ✓ Security Project Timeline The following timeline summarizes the key milestones for the study: Begin Study Scoping Process Select Key Study Key Options Select Preferred Source Options Option (continued on back) Source Option Recommendations The table below summarizes the recommendations of the Water Manager's Group: Source options Not Recommended for Further Study • Downstream dam site (above Stimson Mill) • New in-line tributary storage • Off-line tributary storage • Expansion of Portland system (Bull Run 3) Source Options that should be Components of all Supply • Water conservation • Wastewater reuse • Aquifer storage and recovery • Minor supply improvement for Portland system Source options • Scoggins dam raise at 20 feet • Scoggins dam raise at 40 feet • Willamette River irrigation pipeline Defining and Assessing Impacts The next step in the study will be to review the proposed source options with the public and begin to con- duct the field studies to determine their impacts and benefits so a preferred option can be selected. These options will be assembled into three (3) alternative packages that will be compared against a "no action" alternative, in conformance with the requirements of an environmental impact statement and planning report (EIS/PR). During the summer and fall of 2002, field studies will be done in the vicinity of Hagg Lake to identify what impacts and opportunities could occur with the various alternatives. These studies will include impacts to the physical, biological and social/economic environment. Once the data is collected, the alternatives will be compared and reviewed with the public before a preferred alternative is selected. How to get more information Clean Water Services has posted information, including a fact sheet and frequently asked questions about the study, on its web site at www.cleanwaterservices.org. During the summer of 2002, staff from the study will provide updates at community meetings and other events. The public can comment about the study or ask questions at any time by calling or sending an email to the following contact people: • Tom VanderPlaat, Clean Water Services Project Manager at(503) 846-8758 or vanderplaatt(a)cleanwaterservices.org • Dave Nelson, U.S. Bureau of Reclamation at (503) 872-2795 or drnelson(a),pn.usbr.gov • Jeanna Cernazanu, Clean Water Services Public Affairs at (503) 846-3619 or cernazanui cD-cleanwaterservices.org CleanWate es :. ^� �� r. ei►� r,: � � :;. . ,_a.., .,. .,, fie._�: .,, -.. 4., ., 'aaa�°^ a. Keepino-a t o I n n o v aL ti 1,n Clean \Vater Services has sheat 111orc „r than 3o years piirsnul g a cohesiv c stralcgv to advance the health of the Ttlu ILlfin River • - Watcrshccl. Our goal is to reach bcv 011c1 111c — regulatorv- process be cniplov illg Irmov atlon. scientific knovvlcd �c and ci 1v itv to 1111- g ` :...� -. prove overall cnvironincnlal hc�111h �n1d ��� `l vainc for otir customers. These Inv cstn1cnis �.wn�iAua in clean water and a hcalthv cnvir0nnlcnt +�NltMllli�j�111NAMiuIMI ' _ a f IIIIiiu"a��rri q have paid dividends for vVater ynality, public re � health, and our Coll]Ill III ih. Uur co1lalxlra- 1 tion with Oil] 12 member Cities, three coon- Fa ties, state agriculture and forestry cicparl- It is our goal each near to absorb meats, the U.S. Geological Sllncv it 'SGSi most—ifnotall—cost increases through and a cadre of povverkil parhicrsllips has the use of new technologies, streanllin- revived the 'Tualatin Rh cr and its 1rIbtutar1cs. ing methods, reorganizing our workforce In fact, rescarch shows the 'Anal 11HI RM er is and striving to deliver onr customers the healthier than it has been in _,clicrations aucl hest service at some of the most reason- has become a valued recreational asset. According to the Oregon DclxIItnleut of 1"'m 11,011- able rates in t11e region. mental Qualih-'s (DFIO) Water Quality Indey, the health of'FnAAM Basin rnrllarn strcalus Withour pmver costs up by more is improving even though the population of Washington Conntv has incrcascd by 11car1` than Si million and an increase in fed- 1oo,000 people in the last decade. cral regulatory recinirements, a sanitary V`I—iilc water cinality In the 'Tualatin Basin has improved dramatically, challenges server rate increase Of2.5 percent—or remain. Foremost among these are nevy, state and federal vv-ater quality rcgulali0rns, the about65centspermonthfortheaverage Endangered Species Act listing of Chinook and v\'inter stcclhcad, and the grogv ing vvAcr household—teas necessary to help meet needs of otir colllmtlnit\. These challenges rcgllll"C colltllllled collaboratlol 1, partllcr.dl 1p these Clelllall(1S. 1110 increase took effect and innovation to help guard the progress we vc made and clistlrc Cont1111tcd 1111prm cnicill 011 Jll1V 1 2002. '['here 1S 110 Change t0 in the overall health and stistairnability of our watershed, our econoniy and our con imillih. Clean Water Services' S+00 per month surface water management fee. R This is the first rate increase in two YOUr years and just the second since 1996 de- ut i h` �¢`�, spite continued inflationary pressure and Clean Water Services is a public utility committed to protecting vrater resources 111 the the addition of nearly 100,000 residents Tualatin River\Vaterslied. Nearly 450,000 customers enjoy clean vv to <iiid licallhv rivcrs to our service district. and streams through limm ative vv astewatcr and stormwater services, l ivcr fl0vv restoral loll, To read more about Clean Water Ser- flood mallagenlcilt projects, vv"atcr eluant'' \'lid stream enhancement pro'cct.s, fish habltal vices Fiscal Year 2002-2003 Budget and otir recent accomplishments, Visit otir prOtCCtloll, and lnol"C. web site at: \� ;;stcyvall t1, , 1+1,1c1,! ()til- folly tl-Catnie11t facilities clean more than -2 1111111011 gallons of vyastewater a clay, almost to drinking standards, and return the water to the 'Tualatin Riv c1,. Surface i � � Study Walter, Ill 11w Ile vl \valer demands in the 'hullalin 1Zkcl- vv ilicrshcd arc plo'eeted to double. l_, ^ for Families In ,Iddilioll lu ncc(Ilm, �villcl for honks, businesses and agricullnrc^ \\e need to restore flows to IIIA I n�il<itin Ri�cr to intprMC \\illcr qualiti illid protc(.l sh-carnl hal)ltat. :Ait additional -o,000 acre Irl IJI ��tllcr ��ill he needed by 111c, \cal >o-o to meet the grogv Ing denrnlds. 'I he purpose of the - ,{ ' I li�d,llin 13�I.,in \\ alcr Supple h'casibility ShtdV (\V'SI�'S) is to evaIIIAC reliable, SAC and Cost- l'I l�� f i��' ���ticr ,upl)k oplions to meet the long term walcr needs of otn conunnnity. 1 IIS' \\ SI`S \\,u s Ill-tcd ill as it collaborati\c effort lcd 1) Clcarn \V'atcr Ser- bill it l cool}eI-,[II l ��ilh the U.S. Bureau of IZeclanlatio11 and local �� Iter pro`,iders. When the ,Ati \ i, completed ill about 1' months, a proferred alteriiative \\ill be seleclecl. runt January through April 2003, 1 rank of possible source options \v ere presented to the Water I�ubli_ Ian n, ic�� ,nld comment along vv ill, proposed c\altlation criteria (SCC related story) for for Farms IIIc bc�l options. 'rhe studv bus hccii nlrnIng forvvand and is proposing to hill ythe nlli.x_'r ��I .ullr<c l�ptions io a fe�� altern�tti�c� 111,11 ��ill be studied more closer. r . � � wl �O h ^ Y i'avufe �, 1 ',nt� lie ���Itcr su1,1J1� crllcna and public input. ��atcr elan lgers hanc identified major ,rnllol)hol for nlcclnto our connnn lllty's gron1 war needs. The selected sources (see llu�lr,IIImn ill Le conlhined .Is allern�>ii�es to iIchicvo It local of ;o,000 acre feet. (- :k"llI A\ :Iter )en I� .illd the stoop partners will he seeking iupnl from the public, elected �r olIIIulllk "tulips on opltons dtlring the sunlnlcr ofThe study will also be iii Illll)�lC'l� alld OI)pO1tt1111t1Cs cmild oeetit o III tll� ill IoLIS altclItithVC'S. � I Ili, n ,'lud� � nnp,lctto the pll\sical, hiologic�ll rnld socian l/eco ( mic emironment. Once the �; 1,11,1 i� , �,11� , led- Ilia ;IIIA rnllti�cs ��ill he conlparcd and reg icwcd \v ith the public before a 1)re i,, lck.d. Water for Fish What's Needed by 2050 i 50,000 acre feet Water Water managers, working with the Source Tualatin River Watershed Council,Clean Options Water Services Advisory Commission and the public developed the following -� criteria to screen water supply options. Cost and how costs are.distributed among partners Key Source Options Feasibility (legal, instihrtional, regulatory,financial) , iReliabilit' su �l �and emer encu) yPI ( S � � Efficiency (making the best use of - 1; existing water sources) = = Water quality, recreation,flood 40 foot Hagg Lake 20 foot Hagg Lake Irrigation exchange pipeline control dam raise= dam raise= from Willamette River= 50,000 acre feet 26,500 acre feet 25,000 acre feet Environmental impacts, property rights Other Source Options Sccurlty ' 3"t Clean Water Ser\'Ices Conservation Aquifer storage Additional Portland Supply± 7,600 acre feet and recovery± Wastewater Reuse± -ton 9,200 acre feet 5,500 acre feet Llt�' Of BeaV'e3,SOOacrefeet Cite of'I'igard City of I-lillsboroy, Y AR q „ " `a'G� � W e b City of` lialatin .,¢ � �. City of Forest Crow L( ,r - City^ of Sherwood \\ Il�tl �IrC your ir��s ghoul the sources of water being recommended for the water stipple City of Corliclins �Ind�� \i h,tl sotlrec� ��ould you prefer arid what other suggestions do you hare' Ciiy of 13an1 C ;�J Io otlr ��cb �ilc �tl :.c'f -sf'Its'VCit+�r5c-t'vices.(.)rg/wsfs and respond to our short guI c\ . loll c:ln itI1,\\c^r IIIc ducslioris and stIb] lit vour response \i<i the internet. If you would City of\orth Plainsarc^ter ,I hard i I ��^r co �� of the snrvc\, call c lana Ccrrnai,antl, Public Involvement Coordinator I ualatiu Valley\y'atcr DistrictIl �iJ-;(Jlc� t,r c-mail to ccrrnar.anuj(a cicanwrltcrscryiccs.org. U.S. 13urcan of ReclatnalitJlt I ,cln-it Inure '11; the Healthy StreamsPlan : � y a. Challenge �clean a e v nv . t.. The healthy Streams Plan is onr con1niunik"', co�ndioated, colhh- or" tive effort to protect water resotu-ces and nIect IIIc IcgnirenIcnt� of �hc federal 0cari Water Act and kndangcred SpccIAct ; I ,S " Waici Services and other Washington Cot nl\ "o\rrnuIcnts and tinhliC agcrncies began the clevekopniernt of the I Icalthv PLII1 in 00o- ber of 1ygy, following the ESA listing of\v Hocr stcclhc;id and spring 1, Chinook: as threatened species. This multi-vear 0-fort ill idcrntik and prioritise specific projects, policies, and programnl�itic changes needed to further improve water gnaliiy, manage flooding and flood- Plains, and protect aquatic species in the Tualatin Rig cr 13�isin. ing With gid..._ 'Immunity A► Work in �pc31 The Clean Water Services'Water- ■, shed Wagon is coming to a stream near e a . • £ '' you! Over the past two years, the Watershed Wagon trailer and tool bank Watersheds 2000 Comprehensive survey & 10/99 - 10/01 have aided community groups in assessment of 470 miles of streams completing 30 stream restoration Economic Analysis & Economic Model 5/02 - 8/02 projects in the Tualatin River Water- shed. The trailer and tool bank are Public Values Assessment Public Values Survey available free of charge for community Policy Development & Policy Focus Areas Ongoing - to be planting projects. Clean Water Ser- Review • Effective Impervious Area Reduction completed by 6/03 vices' staff are also available to provide • Vegetated Corridors advice for water quality improvement • Hydrologic/Hydrology projects whether they are downstream • Operations/Maintenance Review or in your own backyard. We've even established a native plant nursery to Watershed Analysis Integration of ecological, social and 8/03 supply vegetation for these streamside economic values to determine overall projects. In the last year, volunteers watershed strategy planted more than 25,000 of the nursery's native trees and shrubs along Healthy Streams Plan Plan to improve overall watershed health 12/04 local streams and wetlands to shade submittal & meet regulatory guidelines submitted to streams, filter pollutants and improve state/federal authorities wildlife habitat. We're not doing it alone. Clean Water Services has established solid partnerships with SOLV, the Tualatin Riverkecpers, local stream groups, Boar o � �•._ � a �±4 schools and others to restore the health of our streams, wetlands and wildlife Stream � . r `; AJ� A a habitat in our community. If you are interested in helping, here's how to get , Comm *1 Tgtee ��" �`'�l f 1�;J :'// f i' connected: The Clean \Vater Sen ices Board of Directors appointed the 2o-member I Icalth� Steams \(16sor� ho reserve the Watershed Wagon or g ll > Committee on April i5 to prop ide gnidancc Enid �.-•; to receive technical advice, call input to the Healthv Stream Partners . The Corsi- �`�'�� -' ''-� Clean Water Services at mittee will meet oyer Clic iicxt t,� months to prioriti/c (503) 846-8621. projects, program elements and minding strategics and, ultiuiatel�, recommend the Plan to Clean \\ ate Seniccs �,.. - :,. l•- Check out our web site at Board of Directors, local jurisdictions• state and federal � � ''"`` ^�� :.+�learavuaterserviees.org /i PII F regulators. for a list of upcoming restoration events, contacts, and other useful mforniation. Join Your local strcamsidc Friends group or Homeowners Association. Healthy Sty a m.. rt^ i �° s .x" f: v % 5 :u?l,1Ir/t RIVO( .i(r.„heA Wagon To learn 111irc about the I leaptv Streams 11111, isit ()III vv(,h 1k, ;I1 • ' ` Healthy Streams Plan Partners include: x+v P PRSRT STD PRSRT SR U.S.POSTAGE PAID PORTLAND,OR CleanWater `del MIT 0 189 LPERMITNO.18951 155 N First Avenue, Suite 270 Hillsboro, Oregon 97124 D the federal Clean rshed than has paid off—the river s healthier todayV t lo utility . �u�llih" regulations celled lohl IiI.IMIM1111 (LIJ, lo�l&'­-ol TMI)k -- it has been III ,ClICratI0I­lS. \\'Iillc \\�itcr clti<ihtv III HIC TIKILIt 11 RI\cl- has unproved, IICN\ ClIal- fhe ha I)oIllikillk rl\ci-I,. In Tllahtlll Rl\cl- Basle becanlc nuc of 111c I ,Ilcrsllc(ls III the lenges have arisen. To address tllcsc c,IjjIjcIIc,cs, the Oregon DelMrt- -olillicilLil 1 Mile(] �l 11C\\ TAIM, '111 2001 ]I'llMH lo have aTAIDI, cIlIbI1,,iIL.(l lol 0. rc,�I)oll(lc(l Merit of 1",livil treat- tile \\'�Itel-shccl. Here is LA Summary of these by investing Illorc 111�111 -,()c', 11 �llcl- itreat- ior kc\- pollutants 111 1 Lire being Jddi-Cssed "I the urban area. oI �j Itjl-J<IL,C 110V 1"UMILitious andljo\v they'Illuld and the Cshbl]L� Temperature (2001) VvrAer f rom Hagg _-rvoir I of in -stream t j C_'.a C h Bacteria (2001) a Falling.) Septic S',J"LAtkS ul,osevjered Atc-a Study and adoption j )f ne.-, �)­_ to pil,ornote septic system ;- rep$aoe�v i urban ar---- g L4 (j r c I SWCD Dissolved OxygenE:uldt_ n,Jtrient control (2001) j v.vater from Hagg Lake & i;ention & sediment L0 r1 0 "A'i s.$9'4l n ipjastewater treatment -J110 k Phosphorus J,��t 1, (1988 & 2001) for phosphorus & n't i )i. -gent ban dei�ek �,j t i o jj & sediment Ammonia j vvastevitater treatment (1988 & 2001) for phosphorus & with SWCD J IcA lrHr \N Cb Site a1: CleanWater Services TABLE OF TASKS TASK START DURATION INFORMATION AVAILABLE WSFS Feasibility Study Oct - 01 18 mo. Apr-03 BOR Engineering Sep - 02 6 mo. Mar-03 Sain Creek Tunnel Feasibility Sep - 02 6 mo. Mar-03 RWSP Update - - Jun-03 Global Warming Study Jun - 03 3 mo. Sep-03 Regionalization Discussions - - Jun-03 Fish Passage Engineering Sep-02 6 mo. Mar-03 Biological Assessment Mar-03 3 mo. Jun-03 Draft EIS June-03 12 mo. Jun-04 Final EIS and ROD Jun-04 6 mo. Dec-04 Predesign Jan-05 12 mo.'Jan-06 Permitting Jan-05 12 mo. Jan-06 Design Jan-06 12 mo. Jan-07 Bid/Evaluation/Award Jan-07 6 mo. Jun-07 Construction Jun-07 3 years Jun-10 J Conceptual Project Schedule WSFS BOR Engineering/Sain Creek Tunnel Feasibility RWSP update ■ 9/d2 i 9/039/04 9/05 9/06 9,07 91'08 9/09 9110 draft EIS +. .._ , fins + : predesign a : permitting design global bid/award warming construction study fish passage engineering regionalization biological assessment Integrated Water Resources Management Water Supply Feasibility Study Project Progress Report- August 14, 2002 These are the project elements completed since the last report of Water Manager Group meeting of July 17, 2002. 1. Feasibility Study Project Review • The Study work has been focusing on coordination with Bureau of Reclamation (BOR) and the review of budget elements. The Project Manager met with the Yamhill County Planning staff to discuss the Irrigation exchange pipeline from the Willamette River source option. They recommended contacting specific individuals to make them aware of the Study. Until the sources options were further refined and specific options were determined, they did not encourage additional stakeholder input. They offered to direct questions from their stakeholders to the Project Manager. • Bill Gaffi,Eldon Mills and Tom VanderPlaat met with Ron Eggers, the Lower Columbia Area Manager and his staff to discuss the Study. Ron is support of the Study, but federal budgets are to remain flat for the next four years. He did agree to try to seek additional remaining funds, which could be transferred from other Reclamation projects to the Study. We discussed opportunities to keep the Study within schedule and budget. He encouraged us to continue the efforts with the Congressional delegation and identified this element as critical to the Study. We asked about the consultation process for the endangered species on the existing dam and facilities. This process has been placed as a lower priority for the staff. He did agree that Reclamation would be willing to assist with a separate consultation process for the sources options, specifically the Scoggins Dam raise. We discussed the options for the Partners to fund the Study tasks that were to be completed by Reclamation. They have a process to allow for contracting of services for these tasks. We received positive response to the question of the partners getting credit for funds extended during this phase of the Study. However, the credit would need to be part of the federal funding request process. • The budget review shows that we spent about 29 % of the budget as of July 1, 2002. This equates to $218,866 of the $760,921 currently contracted. The Water Manager Group will discuss the funding options for four major elements of the Study. The funding options relate to the following elements: i. Governmental affairs and CWS project management ($105,000) ii. Sain Creek Tunnel analysis ($60,000) iii. Climate Change and Water Demand Review ($50,000) iv. BOR Tasks funding. ($215,000) Additional spreadsheets are available to provide details on the funding options. Progress Report 1 Integrated Water Resources Management Water Supply Feasibility Study 2. Public Involvement Process • At the past meeting of the Hagg Lake Neighbors, a few of the neighbors requested a benchmark on their property to show the potential raised water level. A survey firm is developing a scope for a cost effective and accurate method to set a few benchmarks. This work will give the neighbors addition perspective on the impacts to their property. • A small display was developed for use at community events. There is a schedule for the use and location of the display for the partners. The display was used at the Washington County Fair and Tualatin Crawfish Festival and scheduled for other events over the next few weeks. A website survey and comment card is available as a means to seek additional public input on the Study and the proposed options. We would like to encourage the partners to link to our website, if that is possible. Progress Report 2 Tualatin Basin Water Supply Feasibility Study Date: August 14, 2002 To: Water Managers Group (WMG) From: Tom VanderPlaat - CWS Project Manager Subject: WSFS Funding Options review Since signing the Joint Funding Agreement in June 2001, the Water Supply Feasibility study has made good progress. As mentioned at the previous WMG,we have several issues that related to the budget and time schedule as we move forward. In January 2002, as part of the budget review,it was agreed that a 10%contingency would be included in the partner's budgets for FY 02-03,which equates to $73,400 and total of$807,400. As presented at the last WMG meeting,the BOR budgeted only$25,000 for FY 02-03, which is not adequate for completion for the tasks committed in the BOR/CWS Memorandum of Agreement (MOA). The funding limitations have an impact on the options for the future. The costs for the various options would allocate based on the current joint funding agreement percentages. The following is the funding options for completion of the Study: Option 1. —Governmental Affairs and CWS Project Management. This option includes two elements. First;based on the recent discussions with BOR management, they strongly recommended that we increase our efforts with the governmental affairs consultant(Washington DC lobbyist). It would likely take up to two years to obtain BOR funding given the federal budget process. Based on the unanticipated complexity of the Study,we underestimated the level of effort for CWS management and suggest that an addition to this element. Specifically,the BOR coordination and public involvement are two task areas have taken more time than anticipated. • Increased Budget for Governmental Affairs---- $60,000 • Increase Budget for CWS Project Management -- $45,000 Total Increase $105,000 Option 1A.—Sain Creek Tunnel Feasibility This option is based on the MWH Scope and tasks elements to be preformed by the CWS project manager. This option would include the flood control and hydropower elements of the draft MWH scope of work. The CWS work tasks include the water availability analysis for the Tualatin River diversion. • Sam Creek Tunnel Feasibility $60,000 Option 2.—Climate Change Review of Water Demands This option is to conduct the climate change study for the Tualatin Basin and understand the impact to the water demands. This review would similar to the Portland Bull Run analysis. • Climate Change Review of Water Demands ---- $50,000 Option 3—BOR tasks for completion of the WFSF This option is based on advancing funding to the BOR for completion of the Study, in order to keep the Study on the proposed time schedule. The BOR tasks include dam engineering, economics,cultural resources and others. The BOR management indicated the funding would be credited at a later phase of the Project. However, given the future of federal funding, this is of considerable concern. As part of the federal funding process, the crediting of this option would be included as part of the future legislation with the BOR. • BOR tasks for completion of the WSFS - $215,000 In the case that all the above options are chosen, the budget would increase by$430,000 and from the original $807,400 to $1,237,000. The attached spreadsheets show the impact to the individual partners. Water Supply Feasibility Report Estimate of Water Supply Feasibility Report Cost Share Project Manager-Tom VanderPlaat Date 8/14/2002 PAYMENT SCHEDULE Revised for 10%Contingency Water %Share Costs FY 01-02 FY 01-02 FY 01-02 FY 01-02 FY 02-03 FY 02-03 FY 02-03 FY 02-03 Allocations Qtr1 Qtr 2 Qtr 3 Qtr 4 Qtr1 Qtr 2 Qtr 3 Qtr 4 Jul-Sep Oct-Dec Jan-Mar Apr-Jun Jul-Sep Oct-Dec Jan-Mar Apr-Jun FY 02-03 Ac-ft 5.0% 5.0% 30.00/6 10.0% 15.0% 10.0% 25.00% "10.0% Total Increase + 10% Water Quality I CWS 15,000 29.64% $217,589 $10,879 $10,879 $65,277 $21,759 $32,638 $21,759 $54,397 $21,759 $130,553 $21,759 M&I -City of Tigard 9,500 18.77% $137,806 $6,890 $6,890 $41,342 $13,781 $20,671 $13,781 $34,452 $13,781 $82,684 $13,781 1VWD 9,500 18.77% $137,806 $6,890 $6,890 $41,342 $13,781 $20,671 $13,781 $34,452, $13,781 $82,684 $_13,781 City of Hillsboro 4,600 9.09% $66,727 $3,336 $3,336 $20,018 $6,673 $10,009 $6,673 $16,682 $6,673 _$40,036 $6,673 -City of Beaverton 3,600 7.11% $52,221 $2,611 $2,611 $15,666 $5,222 $7,833 $5,222 $13,055, $5;222 $31,333 $5,222 -City of Sherwood 1,800 3.56%1 $26,111 1 $1,306 $1,306 $7,833 $2,611 $3,917 $2,611 $6,528; $2,611 $15,666 $2,611 -City of Tualatin 1,700 3.36% $24,660 $1,233 $1,233 $7,398 $2,466 $3,699 $2,466 $6,165 $2,466 $14,796 $2,466 -City of Forest Grove 900 1.78% $13,055 $653 $653 $3,917 $1,306 $1,958 $1,306 $3,264 $1,306 $7,8331 $1,306 City of Cornelius 2,000 3.95% $29,012 $1,451 $1,451 $8,704 $2,901 $4,352 $2,901 $7,253 $2,901 $17,407 $2,901 -City of North Plains 1,000 1.98% $14,506 $725 $725 $4,352 $1,451 $2,176 $1,451 $3,626 $1,451 $8,704 $1,451 -City of Banks 1,000 1.98% $14,506 $725 $725 $4,352 $1,451 $2,176 $1,451 $3,626, $1,451 $8,704 $1,451 Lake Oswego Corp0.00% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total M&I 35,600 70.36% $516,411 $25,821 $25,821 $154,923 $51,641 $77,462 $51,641 $129,103$51,641 $309,847 $51,641 _1 Sub Total 50,600 100.00% $734,000 $36,700 $36,700 $220,2001 $73,400 $110,100 $73,40 $183,500 $73,400 $440,400 $73,400 WQ exisitin 12,618 M&I exisitin 14,000 Irrigation 27,022 Fish and Wildlife Recreation' 6,900 Hydro power Flood Management Total active storage) 104,240 Feasibility Report Estimate $734,000 Plus 10%Contingency $807,400 Water Budget-Contingency 10% 1 8/14/2002 Water Supply Feasibility Report Estimate of Water Supply Feasibility Report Cost Share Project Manager-Tom VanderPlaat Date 8/14/2002 Options Review Water %Share Costs Option 1 O tion 1A Option 2 O tion 3 Allocations Gov,affairs& Sain Cr. Climate BOR CWS PM Tunnel Chane Tasks Ac-ft $105,000 $60,000 $50,000 $215,000 Water Quality CWS 15,000 29.64% $239,348 $270,474 $288 261 $303083 $366,818. M&1 City of Tigard 9 500 18.77% $151,587 $171,300 $1821565 $191,953 $232,318 TVWD 9 500 18.77% $151,587 $171,300 $182,565 $191,953 $232318 City of Hillsboro 4 600 9.09% $73,400 $82,945 $88400 $92.945 $112,491 CitV of Beaverton 3,600 7.11% $57,443 $64,914 $69,183 $72,740 $88,036 City of Sherwood 1,800 3.56% $28,722 $32,457 $34591 $36,370 $44,018 City of Tualatin 1 700 3.36% $27,126 1 $30,654 $32,670 $34,349 $41,573 City of Forest Grove 900 1.78% $14,361 $16,228 $17,296 $18,185 $22,0091 City of Cornelius 2,000 3.95% $31,913 $36,063 $38 435 $40,411 $48909 City of North Plains 1 000 1.98% $15,957 $18,032 $19,217M$719,317 $24 455 Ci of Banks 1,000 1.98% $15,957 $18,032 $19,217 $24455 Total M&I 35,600 70.36% $568,052 $641,926 $684,139 $870,582 Sub Total 50,600 100.00% $807,400 $912,400 $972,400 $1,022,400 $1,237,400 WQ exisitin 12,618 M&I exisitin 14,000 Total Irrigation 27,022 Original Contract $734,000 Fish and Wildlife Contingency 10% $73,400 Recreation* 6,900 1 $807,400 Hydro power Option 1 -Governm.Affairs and CWS Project M t. $105,000 Flood Mana ement $912,400 Option 1A-Sain Creek Tunnel Feasibility $60,000 Total active storage) 104,240 1 7 $972,400 Feasibility Report Estimate $807,400 Option 2-Climate Change Rev.for Water Demands $50,000 $1,022,400 Option 3-BOR Tasks $215,000 Totals $1,237,400 Water Budget-Options Overview 1 8/14/2002 Water Supply Feasibility Study Budget Overview Date: 8/14/02 Period of Review:June 30, 2001 - July 1, 2002 Additional Cost Share Funds Budgeted Invoiced Remaining Percentage Funding Joint Funding Agreement $734,000 $367,000 $367,000 50% Contingency $73,400 Options 1. Govrn. Aff Consult. $60,000 CWS Staff $45,000 1A - Sain Creek Tunnel $60,000 2. Climate Change Review $50,000 3. BOR Tasks Funding $215,000 Total of 3 options $430,000 Total - Study Elements $807,400 $1,237,400 Expenses MWH Contract $639,642 $142,648 $496,995 22% Reed Smith LLC - Govern Affairs $25,000 $11,932 $13,068 48% $60,000 CWS Labor $73,400 $57,103 $16,297 78% $45,000 Other Miscellaneous $22,879 $7,183 $15,696 31% 1A. Sain Creek Tunnel $60,000 2. Climate Change Review $50,000 3. BOR Tasks Funding $215,000 Total $760,9211 1 $218,866 $542,055 29% $430,000 Difference (+/-) Budget $46,479 WSFS Budget-8-14-02 detail 1 8/14/2002