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City Council Packet - 06/15/2010 City of Tigard Tigard Workshop Meeting - Agenda TIGARD CITY COUNCIL MEETING DATE /TIME: June 15, 2010 — 6:30 p.m. — Workshop Meeting MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 tilt PUBLIC NOTICE: Times noted are estimated. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503 -639 -4171, ext. 2410 (voice) or 503 - 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or heating impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503 -639 -4171, ext. 2410 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). CABLE VIEWERS: The City Council Workshop meeting is taped and will be broadcast at the following times on Channel 30: Thursday noon Monday 6:00 a.m. Friday 3:00 a.m. Tuesday 2:00 p.m. Sunday 11:00 a.m. SEE ATTACHED AGENDA TIGARD CITY COUNCIL AGENDA — JUNE 15, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 -639 -4171 I www.tigard- or.gov I Page 1 of3 114 II City of Tigard Tigard Workshop Meeting - Agenda TIGARD 1 TIGARD CITY COUNCIL MEETING DATE /TIME: June 15, 2010 — 6:30 p.m. — Workshop Meeting MEETING LOCATION: City of Tigard -- Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 6:30 PM • EXF..CUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (2)(d) to discuss labor negotiations. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any anal decision. Executive Sessions are closed to the public. 1. WORKSHOP MEETING 1.1 Call to Order - City Council 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non - Agenda Items 2. DISCUSS COMMIf1'EE FOR CITIZEN INVOLVEMENT ROLE • Staff Report: Community Development Department 3. DISCUSS PARKS AND RECREATION ADVISORY BOARD PROPOSAL FOR A NOVEMBER ELECTION • Staff Report: Public Works Department 4. JOINT MEETING WITH THE INTERGOVERNMENTAL WATER BOARD (IWB) REGARDING THE WATER TREATMENT PROCESS SELECTION FOR THE LAKE OSWEGO /TIGARD WATER PARTNERSHIP • Staff Report: Public Works Department TIGARD CITY COUNCIL AGENDA - JUNE 15, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 639 -4171 I www.tigard- or.gov Page 2 of3 5. PROJECT OVERVIEW OF WATER RATE STUDY AND WATER SYSTEM DEVELOPMENT CHARGE (SDC) UPDATE • Staff Report: Public Works Department 6. DISCUSS INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE CITY OF TIGARD AND THE CITY OF SHERWOOD FOR JOINT FUNDING OF WATER SUPPLY IMPROVEMENTS • Staff Report: Public Works Department 7. DISCUSS REGULATORY IMPROVEMENT INITIATIVE • Staff Report: Community Development Department S. NON - AGENDA ITEMS 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT IaADM \CATHY\CCAl201011 00616 workshop .doe TIGARD CITY COUNCIL AGENDA - JUNE 15, 2010 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503-639-4171 I ww\v.tiga or.gov I Page 3 of3 Agenda Item # Meeting Date June 15, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Discuss Role of the Committee for Citizen Involvement (CCI) /% Prepared By: Susan Hartnett Dept Head Approval: City Mgr Approval: 1. ISSUE BEFORE THE COUNCIL Receive information about the roles and responsibilities of the CCI and provide direction regarding proposed changes. STAFF RECOMMENDATION Modify the role of the CCI and assign certain citizen involvement responsibilities to the Planning Commission. KEY FACTS AND INFORMATION SUMMARY The appended memorandum from staff (Attachment 1) describes the CCI's current responsibilities and the citizen involvement requirements of Statewide Planning Goal 1. It also proposes optional ways to address the state requirements. Attachment 2, an October 2004 letter from staff to Lisa Hamilton Treick, provides a concise history of the CCI. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS 4a. Support strategic clarity /City values initiative (do the right thing, respect and care, get it done) ATTACHMENT LIST Attachment 1: June 11, 2010 memorandum: "Discussion of Committee for Citizen Involvement (CCI) Role." Attachment 2: October 29, 2004 letter to Lisa Hamilton Treick Attachment 3: Current CCI Bylaws Resolution Attachment 4: Description of Neighborhood Network Steering Committee FISCAL NOTES N/A C: Documrnts and SettimMurccn \local Sertin[>s \Temporary Internet Fa. \Gmtent.Outinuk \ ESI'CGIi7 i \G -li -111 )1S Discuss Role ui CO (2) tin.tl /maLduc ATTACHMENT 1 City of Tigard TIGARD Memorandum . ., To: Mayor Dirksen and City Councilors From: Susan Hartnett, Assistant Community Development Director Liz Newton, Assistant City Manager (4 Re: Discussion of Committee for Citizen Involvement (CCI) Role • Date: June 11, 2010 Introduction At the June 15th Workshop, the Council will be asked to provide feedback on a proposal to revise the charge of the Committee for Citizen Involvement (CCI) and transfer the state required citizen involvement land use responsibilities to the Planning Commission and other citizen involvement responsibilities to other boards, commissions, and committees. This proposal has three primary goals: 1. Meet state requirements for citizen involvement in land use planning and also those of Tigard's Comprehensive Plan; 2. Ensure the CCI has a meaningful role that can be supported by current staff and other resources; and 3. Continue efforts to engage citizens in a wide range of issues and projects Background / Discussion The Tigard Comprehensive Plan contains the following policy specific to the CCI. 1. The City shall maintain a Committee for Citizen Involvement representative of a broad cross - section of the community to: a. Make recommendations to the City regarding ways to engage the public in City issues, projects, and the land use process; b. Help implement and develop a public information and citizen involvement program applicable to a wide range of issues; and c. Support the enhancement of Tigard's overall level and quality of civic engagement by promoting meaningful citizen involvement in City government. [: \ \ C unni :titattd.a. \20Ul fi -15 -ui AI AC[ I 1 uI,«,z5 Itele nine CCI final final cun.dn. 1 ATTACHMENT 1 Statewide Planning Goal 1 calls for widespread citizen involvement and requires local jurisdictions to maintain a Committee for Citizen Involvement. Tigard's policy goes beyond the Goal 1 requirements for citizen involvement in land use planning. The state requirements are summarized as follows: "As a component, the program for dtisen involvement shall include an officially recognised committee for citisen involvement (CO) broadly representative of geographic areas and interests related to land use and land -use decisions. Committee members shall be selected by an open, well publicised public process. The committee for citisen involvement shall be responsible for assisting the governing body with the development of a program that promotes and enhances citisen involvement in land-use planning, assisting in the implementation of the citisen involvement program, and evaluating the process being used for citisen involvement" (emphasis added). While there is clear City history that designates to the CCI the functions described in statewide Planning Goal 1, changes have occurred over time in the City's citizen involvement structure. Commensurately, the membership and responsibilities of the CCI also changed. Currently the committee's charge goes well beyond that of Statewide Planning Goal 1. Attachment 2 gives a brief history of the CCI and Tigard's citizen involvement program, which has included Neighborhood Planning Organizations (NPOs), Citizen Involvement Teams (CITs), Focus on Tigard, and now the Neighborhood Network Program. Over the past year, the CCI has discussed only two projects in three meetings that pertain to land use. The majority of the Committee's time has been spent discussing Council ad -hoc requests such as the Census Complete Count Committee and the Fanno Creek Conference. In addition, the CCI is currently charged with oversight of the Neighborhood Network program and its effectiveness. A lot of the CCI's time has been devoted to this effort. Proposal Based on discussions with CCI members at two recent meetings, and internal discussions between Community Development and City Management staff, the following changes are proposed for Council's consideration: • Designate the Tigard Planning Commission as the state required CCI for land use planning related matters; • Modify the bylaws and charge statements of other boards, commissions and committees to specifically require citizen involvement as part of their responsibilities; • Change the CO bylaws to transform this committee into the Steering Committee for the Neighborhood Network Program. Because the Planning Commission already receives briefings on land use planning projects, the additional work for the Planning Commission to review the outreach and communication plans should be manageable within their existing meeting schedule. I: \LRPI ti \Council Materials \2010 \G•1i•It) Ai7ACEI ] Discuss Role ofllte CCI anal final ron.docr 7 ATTACHMENT 1 The CCI will be reorganized as the oversight committee for the Neighborhood Network as described in Attachment 4. All other boards, commissions, and committees will be specifically charged with citizen involvement within their spheres of responsibility. To implement these changes, resolutions are needed to change the responsibilities of the CCI and transform it into the Neighborhood Network Steering Committee; designate respective citizen involvement responsibilities to boards, commissions and committees; and designate land use planning citizen involvement responsibilities to the Planning Commission. A letter will also need to sent to the Department of Land Conservation and Development (DLCD) regarding these changes to Statewide Planning Goal 1. 1:1,1.iU'I ti \ Cnuncii \[: lenak \20111 \G -L5 -IA .TCACI - I I Dkscuss itolr of'11 CO final un:d ron.doo 3 j ATTACHMENT 2 } October 29, 2004 ,r11 It $ Lisa Hamilton Treick CITY OF TIGARD 13565 SW Beef Bend Rd Tigard, OR 97224 OREGON RE: COMMITTEE FOR CITIZEN INOLVEMENT (CCI) As background, Statewide Planning Goals (Goal 1) call for citizen involvement throughout the land use process. The CCI is an important component of the citizen involvement process. Tigard's Comprehensive Plan (Policy 2.1.2c) states the following: "c. . THE CITIZEN INVOLVEMENT TEAM FACILITATORS SHALL SERVE AS THE COMMITTEE FOR EVALUATING THE CITIZEN INVOLVEMENT PROGRAM AND FOR WORKING WITH THE NEIGHBORHOOD PLANNING ORGANIZATIONS IN RECOMMENDING CHANGES IN THE PROGRAM." Tigard's citizen involvement program has evolved over the years. In 1973, the City formed the Neighborhood Planning Organizations ( NPO's). The City was divided into seven neighborhood areas. (An eighth area to cover the Metzger area was added later). In 1975 the City Council adopted a resolution formally recognizing the NPO's ' and the CCI as the official citizen involvement structure for the City. Between May 1974 and February 1979 neighborhood plans were developed and adopted by the City Council for each NPO. After adoption of the NPO's plans, interest in the NPO's diminished and a few became inactive. In 1982 the City re- established interest in the NPO's that had become inactive. Throughout 1982 and 1983, most of the NPO's met at least monthly to provide input on the various elements of the Community Development Code and the Comprehensive Plan. After acknowledgment by the staff of the Comprehensive Plan in 1984, the NPO's served as a community body on land use proposals. In 1979 the Council revised and, updated the CCI's goals and definitions. The membership of the CCI was comprised of the Chair of each NPO, the Planning Commission Chair, a member of City Council, a member of the Park Board, and staff representatives. In May 1992 City Council set as a priority broadening citizen involvement. The existing Board and Committee structure was reviewed to see if modifications would encourage the involvement of more citizens in a broader range of issues. The Citizen Involvement Team concept (CIT's) was developed as a result of that review. At the same time, the neighborhood meeting process was established as the process to afford interested persons an opportunity to review and comment on land use issues. In addition, the Comprehensive Plan was amended to reflect the Citizen Involvement Team Facilitators as the CCI. el e , 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 From 1992 through September 2000, the CIT Facilitators met regularly with the City Council to discuss the CIT program and issues being raised by citizens. In 2002, the monthly CIT meetings were replaced by Focus on Tigard. Neighborhood meetings on land use issues continue to be required. The. CIT Facilitators were retained to be available to serve as facilitators on an as- needed basis, but regular meetings with the Council were discontinued. In the fall of 2003, Bev Froude raised a question about the City's compliance to Goal One. Reviewing the files, I determined that it was important to reactivate the CIT Facilitators as the City's CCI. Of the original eleven (11) members, five (5) still resided in the City and wanted to stay involved. That number has dropped to four (4) participants who meet bi- monthly. The CCI members recognize that broader representation and involvement is important. They supported an idea to broaden membership to Include representation from the City's active boards and committees (Planning Commission, Tree Board, etc.) and neighborhood representatives. Council concurred with that approach and as a result, the CCI will be enlarged in the coming months. Citizen involvement is important to the City. As such, the City is always looking at ways to improve. As can be seen, the program continues to evolve to meet the community's needs. 1 Sincerely, / /L /1i W ' James N.P. Hendryx Director of Community Development c(/// C CC C C 4c1/4. ,- r • 2 ATTACHMENT 3 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 07- (o A RESOLUTION ADOPTING BYLAWS FOR THE COMMILLEE FOR CITIZEN INVOLVEMENT WHEREAS, citizen involvement and two -way communication with its citizens is a City Comprehensive Plan priority and a current Council Goal; and WHEREAS, State law requires the City to maintain a citizen involvement program that ensures the opportunity for citizens to be actively involved in the land use process; and WHEREAS, the Committee for Citizen Involvement (CCI) is the City's primary public involvement body for both land use and non -land use public involvement and communication issues; and WHEREAS, the present membership of the CCI is defined in Resolutions Nos. 05 -04 and 07 -61 and consists of fanner Citizen Involvement Team Facilitators; five at-large members, including one youth menber; representatives of official neighborhood organizations, and voluntary representatives of each active board and committee; and WHEREAS, up to now the CCI has been operating without formal bylaws; and WHEREAS, the existing Committee has developed proposed bylaws for Council consideration; and WHEREAS, these proposed bylaws, in large part, are based on Ordinance Nos. 05 -04 and 07 -61 and established practice relative to other City standing boards and committees. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: Bylaws governing the Committee for Citizen Involvement as specified in Exhibit A hereby are adopted. • SECTION 2: This resolution is effective immediately upon passage. PASSED: This IS 'ki day of Da 07. Mayor City of Tigard EVCEU —E49A..fax... 1.0VettLe, ST: City Recorder - City of Tigard RESOLUTION NO. 07 - q Page 1 • Exhibit A BYLAWS OF THE COMMITTEE FOR CITIZEN INVOLVEMENT SECTION 1. CHARGE AND DUTIES (a) The Committee for Citizen Involvement has the powers conferred by the City Community Development Code, Resolutions 05 -04 and 07 -61, and the resolution approving these bylaws, and such other powers as granted by the Tigard City Council, but shall have no other powers. These bylaws are adopted by resolution of the Tigard City Council, are binding on the Committee, and may be amended only by the City Council_ (b) It shall be the function of the Committee to act as an advisory body to the City Council as appropriate. (c) The Committee is charged with advising Council on matters pertaining to citizen involvement and communications. Recommendations pertaining to citizen involvement and communications will be made to Council as appropriate for consideration, deliberation, and action. (d) The Committee shall perform other duties as assigned by the City Council. (e) The Committee may form subcommittees to investigate areas relevant to its charge or duties pursuant to this section. SECTION 2. COMPOSITION (a) The Committee shall consist of • Former Citizen Involvement Team Facilitators; • At -large members, four (4) members appointed by the City Council who represent a cross section of interests in and reflect the diversity of the community at- large; • One (1) youth (high school-age) representative appointed by the City Council who is a resident of Tigard; • Representatives of official Neighborhood Organizations; and • Representatives of official standing boards and committees who serve in a voluntary, as opposed to a mandatory, liaison capacity. CCI Bylaws Page 1 SECTION 3. APPOINTMENTS (a) Council shall fill at -large vacancies with individuals necessary to meet the compositional requirements of the above. (b) Appointments of at -large and youth members shall be made by the City Council, with recommendations from the Mayor. SECTION 4. 'PERM OF OFFICE (a) The term of office of all future, appointed members shall be one (1) year, or until their successors are qualified and appointed. (b) All terms shall begin January 1st and end December 31st. (c) Any at -large vacancy in the Committee shall be filled by appointment by the Council upon recommendation by the Mayor for the unexpired portion of the term. The unexpired portion of a term does not count towards the six (6) year limit in Section 4(d). (d) Members may be reappointed for up to six (6) consecutive one (1) year terms. An initial one (1) year term under Section 3(a) does not count towards the six (6) year limit. (e) Members of the Committee shall receive no compensation for their services. SECTION 5. ORGANIZATION OF THE COMMITTEE (a) At its first meeting of the year, and thereafter annually, the Committee shall elect a Chair and Vice Chair from its members who shall hold office at the pleasure of the Committee. (b) If the Chair or Vice Chair should resign, the Committee shall, at it next meeting, conduct an election and provide a replacement. (c) The Committee shall meet at least quarterly during a calendar year at a time and place that is specified at least 5 days in advance. (d) All meetings shall be conducted in conformance with. Public Meeting Law. (e) A record of the Committee's proceedings shall be filed with the city recorder. CCI Bylaws Page 2 SECTION 6. VOTING (a) General procedures of the Committee, including voting, shall follow Robert's Rules of Order. (b) A majority of votes shall determine the official position of the Committee on a given issue. (c) Chair and Vice Chair shall vote on all matters before the Committee. SECTION 7. COMMI` tEE MEMBER RESPONSIBILITIES (a) Members of the Committee shall: (1) Regularly attend Committee meetings and contribute constructively to discussions; (2) Consider and discuss issues from a citywide perspective, as well as that of particular stakeholders or interests; (3) Understand and be able to articulate the Committee's charge, responsibilities, and adopted, annual work program; (4) Strive to reach consensus on matters under consideration; (5) Act with respect and consideration for the viewpoint of others; (6) Review and provide comment on reports, presentations, and recommended policies or strategies related to matters before the Committee; and (7) Vote on motions in front of the Committee, except where reasonable abstention is necessary. (b) In addition, members shall not make representations on behalf of the City of Tigard without authorization. (c) Members shall not make representations on behalf of the Committee for Citizen Involvement whether intentional or not, without the authorization of the Committee. CCI Bylaws Page 3 SECTION S. ATTENDANCE If any regular member of the Committee is unable to attend a meeting, he or she is expected to notify the Chair or Vice Chair. If any member is absent from any six (6), regularly scheduled meetings within one year or three (3) consecutive meetings without reasonable cause, the issue shall be placed on the upcoming agenda, and upon majority vote of the Committee, that position shall be declnred vacant. The Committee shall forward its action to the Mayor and Council, who shall fill the vacant position. SECTION 9. QUORUM At any meeting of the Committee, a quorum shall be a majority of the current members of the Committee. No action shall be taken in the absence of a quorum except that the meeting may continue with discussion on agenda items. For the purposes of forming a quorum, members who have disqualified or excused themselves from participation in any matter shall be counted as present. In the event a quorum will not be present at any meeting, the Chair or Vice Chair shall notify the Committee members in advance so that a decision may be made whether to meet and take no action on agenda items, or reschedule to a different time. SECTION 10. REMOVAL OF MEMBERS (a) The City Council may remove members of the Committee in accordance with Section 8 Attendance. (b) The Council may also remove members at its sole discretion. (c) The Committee may make a recommendation to Council for the removal of a member for failure to comply with Section 7 Committee Member Responsibilities. The Committee shall forward a recommendation for replacement to the Mayor and Council in a timely manner. SECTION 11. ANNUAL REPORT OF THE COMMITTEE (a) Not later than December 1 of each year, the Committee shall prepare and file an Annual Report to the City Council. (b) The Annual Report shall include a summary of key activities and proceedings and any specific suggestions or recommendations which the Committee believes would assist its mission or the City's overall communications and public involvement goals as delineated in the Tigard Comprehensive Plan, Resolutions 05 -04 and 07 -61, and the resolution approving these by laws. (c) The Annual Report shall not be submitted unless approved by the Committee. CCI Bylaws Page 4 Attachment 4 . 1 I m II City of Tigard Neighborhood Network Steering Committee Application g pp lication TiGARI) -AreligararfzigaLusarfik Name: Address: Email: Phone: Neighborhood Network Area Name /Number: The Neighborhood Network Steering Committee serves as a conduit for residents to raise issues or concerns; convenes an annual meeting to gather input on proposed Capital Improvement Program (CIP) projects, neighborhood dean-up activities, community building events and promote neighborhood network program opportunities; based on input, determines issues to be carried forward and projects and activities to be sponsored by the Neighborhood Network. Membership Representation: O Community Emergency Response Team Member: Training Dates O Neighborhood Watch Captain: Name of Neighborhood O School PSO Representative: Name of School Attach confirmation from PSO O Neighborhood Web Page Administrator /Content Manager O At -Large Member 1) What neighborhood issues interest you? 2) Mark any of the following that apply: Served as a Community Connector Am a Member of the City's Committee for Citizen Involvement (CCI) Interested in being trained as a Land Use Coordinator for my neighborhood Return completed application to: City ofTigard Neighbor Network I 13125 SW Hall Blvd., Tigard, OR 97223 I Email: NeigbbarNetwork@igard -orgou Attachment 4 City of Tigard Neighborhood Network Steering Committee -Areiffithroxiairisalili, Purpose The Neighborhood Network Steering Committee serves as a conduit for residents to raise issues or concerns; convenes an annual meeting to gather input on proposed Capital Improvement Program (CIP) projects, neighborhood clean -up activities, community building events and promote neighborhood network program opportunities; based on input, determines issues to be carried forward and projects and activities to be sponsored by the Neighborhood Network. Membership The membership of each Neighborhood Steering Committee shall be comprised of representatives of the following: • Community Emergency Response Team Member - who is a resident of the neighborhood area • Neighborhood Watch Captain — who is a resident of the neighborhood area • Local School PSO Representative -- who is a resident of the neighborhood area • Neighborhood Web Page Administrator/ Content Manager — who is a resident of the area. • At -Large Member — who is a resident of the area. • At -Large Member — who is a resident of the area. • At -Large Member — who is a resident of the area. At -Large members may be representatives of a business that is located in the neighborhood area. For At -Large positions, preference may be given to individuals that have served as a community connector, are on the CO, or are interested in being trained as a Land Use Coordinator for their neighborhood. In order to be recognized as a Neighborhood Network Steering Committee there must be a minimum of four members. Appointment: The Committee for Citizen Involvement (CCI) shall confirm the membership for each steering committee. In cases where there is more than one applicant for a steering committee position, the CCI shall make the decision on the appointment. Responsibilities: Each Neighborhood Network Steering Committee is responsible for • Convening an annual meeting in September or October of each year for purposes of facilitating input on: o Nomination of neighborhood area projects for consideration in the city's annual Capital Improvement Program budget o Suggestions for an annual neighborhood clean-up event and community building activity o Providing information on Neighborhood Network resources City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503-639-4171 I www.tigard- or.gov • Providing opportunities and methods for area residents to raise issues /concerns regarding neighborhood safety, nuisances, infrastructure, and aesthetics. • Reviewing input and selecting: o The annual neighborhood network beautification /dean -up event o The neighborhood network annual event o The CIP project(s) to be recommended to the city for funding o The issues /concerns that the Neighborhood Network will pursue. o The project(s) to be submitted for the annual Neighborhood Grant application. Meetin . s The Steering Committee is required to convene one annual meeting in September or October. The Steering Committee may hold additional meetings as needed provided a majority of Steering Committee members consent and notice is given as required. Meeting Notice: Notice of the annual meeting shall be provided by U.S. Mail postmarked at least two weeks in advance to all residents /businesses in the Neighborhood Network area. The notice shall include the date, time, location, and agenda topics for the meeting. Notice shall also be posted on the Neighborhood Network Web page at least seven (7) days in advance. Notice of meetings of the Steering Committee other than the annual meeting shall be posted on the neighborhood Web page at least one week in advance, posted in City Hall and at a public school in the neighborhood. Chair The Chair will be selected by the Steering Committee members from among the membership. The Chair is responsible for conducting Steering Committee meetings, facilitating communication on Steering Committee decisions, and ensuring that written minutes are kept on each meeting and posted on the Neighborhood Area Web page within 30 days. Minutes Steering Committee minutes should record members in attendance, the names and affiliation of guests and any decisions made by the Steering Committee. Role of the CCI The Committee for Citizen Involvement (CCI), the body charged with oversight of the citizen involvement in the city is charged with oversight of the Neighborhood Network Program and its effectiveness. The CCI shall resolve any issues raised by Steering Committees regarding the operation of the Neighborhood Network Program that the Steering Committee and city staff cannot resolve. Issues or concerns the Steering Committee decides should be discussed shall be submitted to the CCI. The CCI shall identify an appropriate course of action for the Steering Committee. City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 •503 -639 -4171 1 www.tigard- or.gov Agenda Item # 3 Meeting Date June 15, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Discuss Parks and Recreation Advisory Board (PRAB) and Trust for Public Land (TPL) Proposals for Novemb Elec tion s Prepared By: Dennis Koellermeier Dept Head Approval: s✓ City Mgr Approval: ri ISSUE BEFORE THE COUNCIL This is a presentation by PRAB and TPL staff who are assisting the City regarding a potential parks bond. STAFF RECOMMENDATION Participate in the discussion and advise staff regarding the Council's desire to pursue a bond measure in November. KEY FACTS AND INFORMATION SUMMARY • Council goals for 2010 include strategizing with PRAB on a 2010 Parks Bond. • The PRAB goals include actively pursuing a 2010 bond measure to identify and pursue possible open space /land acquisitions. • The Parks and Recreation Master Plan identifies deficiencies in the City's current facilities and includes projects for acquisition and construction to reduce those deficiencies. • PRAB will lead a discussion regarding development and acquisition priorities of properties the City would like to purchase and general information regarding how many more ball fields, parks, trails and open space the City requires. • TPL will lead a discussion regarding the survey results, the potential bond amount, and if November is the correct time for the election. • In November 2009 the bond measure for $20 million for the purchase of parks, open space and trails failed by a margin of 53% to 47 %. • The Council must decide whether or not to pursue the bond measure for the November election by June 22, 2010. OTHER ALTERNATIVES CONSIDERED The Council could choose to delay the election date until 2011 or later, or decide to forgo the election completely and direct staff to explore alternative methods to fund these purchases and improvements. CITY COUNCIL GOALS 3. Strategize with PRAB on a 2010 Parks Bond a. Decide whether to return to ballot and, if so, when b. Develop land acquisition strategies (potential options to purchase, etc.) ATTACHMENT LIST 1) Elections Official Timeline for the November 2, 2010 Bond Election FISCAL NOTES An election in November 2010 is estimated to cost the City around $500 for publication of legal notices and other minor expenses. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional cost to property owners, if $15 million in bonds are sold, would be $0.26 per $1,000 of assessed valuation. For the owner of a home with the median assessed value $207,000, the additional monthly cost would be about $4.49 per month or $54 per year. Passage of this bond (or securing some other source for $15 million) will allow the City to leverage additional millions of dollars in future System Development Charges (SDCs). Elections Official Timeline Bond Measure — November 2, 2010 Nov 2, 2010 Action General Council Decision on November Election June 22 Project Package Refinement (Define project list, assign costs, July 19 determine total revenue needs, size bond amount)(Last PRAB meeting before Council packed deadline) Agenda Item Summary and Packet Materials due for the August July 27 10 meeting. Communication Plan and Fact Sheet Submitted with AIS (It would be better to plan for an earlier meeting to cure any issues that might come up dining the City Council consideration of the ballot measure.) In the next available edition of a newspaper notice of receipt of submit 1411 notice to Newspaper on: ballot title August 5 Publication date: August 12 Council considers a resolution for the ballot measure and file No later than : the measure with the City elections official. August 10 Stakeholder List Developed August 10 Speaker Bureau 8/10 -8/19 Deadline to file a petition to review the ballot title (circuit court) August 19 is no later than the 7 business day after the ballot title is filed with the city elections official. * *File ballot measure (on form SEL 802) and explanatory September 2 statement (ORS 251.285 and on form WCEDVP2). Last day to withdraw. Voter Pamphlet Deadline — Measure Argument Statement September 7 School Information Delivered September 13 Voter Pamphlet Public View — Measure Argument September 13 Voter Pamphlet - Mailed State Ballots —1"Day to Issue September 20 Registration Deadline (Postmark by 21" Day Before October 12 Ballots -- Target Mailing Date October 15 Last Day to Mail out Replacements October 28 Agenda Item # Meeting Date June 15, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Joint Meeting with the Intergovernmental Water Board regarding the Water Treatment Process Selection for the Lake Oswego /Tigard Water Partnership B y Prepared Y ared : Dennis Koellermeier Dept Head Approval: City Mgr Approval: 02 ISSUE BEFORE THE COUNCIL This will be a joint session with the Intergovernmental Water Board (IWB) to receive a briefing from the Lake Oswego /Tigard Water Partnership staff regarding the results of the water treatment process selection. STAFF RECOMMENDATION Receive the presentation and participate in the discussion. KEY FACTS AND INFORMATION SUMMARY • The City of Tigard has entered into a partnership with the City of Lake Oswego to jointly develop water improvements. • Expansion of the existing Lake Oswego Water Treatment Plant is one of the major work components of the partnership. • Deciding which water treatment technologies to use in this expansion is an early decision needed by the Partnership to keep the program timeline. • The Partnership employed a `Business Case Evaluation" process to identify, evaluate, and prioritize the many different technologies available to treat water. • An expert panel and citizen sounding board were brought in to assist with this process. • This final treatment recommendation will be included in a Water Facilities Plan which will be adopted by the partners this December. The Water Facilities Plan approval will be the first of several partner decision steps built into this process. OTHER ALTERNATIVES CONSIDERED N/A CITY COUNCIL GOALS Long -Term Council Goals — Continue to monitor the Lake Oswego /Tigard Water Partnership ATTACHMENT LIST None FISCAL NOTES The City of Tigard expects to spend approximately $3.2 million from the Water CIP Fund on the partnership program in FY '09-'10. , . dr\ Lake Oswego • Tigard Wa Pa sharing water • connecting communities Tigard City Council Study Session June 15, 2010 _ _ ., ,4_...,,,,, „...x.... .........„. , 440s ,,,EG.„„ _ _ 411p... -3- \ ft -%• `.-. --- ' — . — s kr N. - '%1PP. , , L4 NAN"- . „.. Nu.. ,...„ s A. 0111r" Presentation Overview Lake Oswego - Tigard Partnership: � Why a partnership make sense Cost savings 10 Improved level of service A/ Regional benefits Project Definition What is it and what do we know so far? 1/ Treatment alternatives outcome • What's next? s ��, s Questions? PA !ITN 0 Why a Partnership Makes Sense • Lowest cost option for Lake Oswego and Tigard o Smallest cumulative rate increases over long -term • Tigard also benefits by system ownership Lake Oswego Supply Options (2006 dollars / 25 years) "Go it Alone" Partner with Tigard _ Savings $118 million $83 million $35 million Tigard Supply Options (2008 dollars 150 years) Portland Willamette Tualatin Partner Alone Basin with L.Q. = Savings $294 million $269 million $250 million $208 million $42 -86 million O r c, C 4 0 $ " ' . "" _" �'7 a + �_ I PARre , erett . ihr 11, 4. • if am, 1M Or Why a Partnership Makes Sense ,. _,------- ._ i n infrastructure :�� ::�� i, a Aging g in rastructure is 4 _�,, - upgraded, expanded and replaced `n __ Creates opportunities _� __, w i .' to leverage regional Water Treatment Plant ‘40.--' interest in improved 1969 -� .. emergency response , J = y4. F Y k .♦ :. � _. V Secures access to !_ , ; E Q4' :j .; �f lYi l 1 " E ' `1 ; R t Bonita Rd. Pump • high quality water �� - ~* '" it- 41 : x -. � f Station 1973 source for future use . -. - .� by both communities ,c _ I � oS ylEGO TC River Intake Pump Station . ' y j'' .S 1968 5 FR PA iiSW�'� Project Definition develops scope of 6 from initial conce projects is p MULTNOMAHCO. ° Clackamas River Intake a CLACKAMAS CO. / - / ° Untreated "Raw" Water Pipeline T�G� D : ` .i ,...�. u @ i o Water Treatment Plant .cw. . .. wuU� ��,_ e , h:u ,C r , - -, ° Treated Water Pipeline • soMr� ��: .- �.-.� r _ P,� . o Waluga Reservoir SIMON . °E v. ;yawl Pus • Bonita Pump Station LAKE O5WFGO . . f '� a . w arm GLA DSTONE /"'. �}. _ . TREATMENT ^^ PLANT CD - ____ 1. W __., .- E CLACKAMAS . ra Rivrn Na i I WEST LINN \..- � �.. 9 '�' .: CP I lk . 2� OREGON e l, Lake Oswego • Tigard ® CITY Water Partnership sharing water- connecting communities i New River Intake Pump Station in Gladstone next to existing ....� r y , � Pte , :, -. /Z • uti r:tc�. 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''� `I ,pLCRu'` 5 « ec' q •;4:�.k. f fi.. ;;' 4 • �. • M A =e . i _ . r .. • � . . _ °. ,-, a E1 - ;. � , y _ .. -p ;I �w7 rl�dGLZ(7A s ": i t f r r t' a= ° L ake Grove Rd, +� ' r .+:.rrP , L r , . `° 4 ,� . Alternative Alignment , • , ,I,r >t a a r . _- " � .. *�.� -, .l � tom'; ` o�'' - °� � k , , t r L ' + " - ! y ' t1- K �, , p 1 a_ 7 '' j '�' d < ~ , A s l4`,S - •�" r f -Y� � _ . �lC . Y , . r to a " . •'' r .9. Y = S4V II Lr A �+E ,r _ L 1*1 , ' '' it 7- ' r r i 5. h a t + — Y f . wv n �' .q r . ., * d t tt _ sue, y C� ! ,j„ A '_ •sti"✓.. , Ir.ui cNYi' 2 " e T' t - t '4 . t' "1 ' n� _ ' ,' ' • , ,t , t " r !' ' 4 ir. . . er . - 1 L w ry . , : • 'l A �� .. �. F - . V • j CJ . n t I w 1 r ,...1, , -, ' r'k y '''''s • \ Y - ' . `� c t s , . I " R �� $ r 9 , ,, r w`` n ! - " 0 ", _ -- �Ir •` " " M to e s1 P r � t • s t' Nd Y , ' 6'i55j, +,. A , 7 ' `� I a' . �. .`1.,�. V Ps i'' 1 ` ra ti ' .1 ' "` • �s ,0 , .. Ro w • a .� ! ` m ' `!�atd. k�AVI N ew Waluga Reservo rio r. e - OF 1.7."' r J � � ^f ~ . ate r _ ♦ ~ . T . , , ,:. . 3 �-� A-c . ^!. .,..,,, ittii4r ,. . . . i. , tsrs 4 Potential Finished Water Pipeline Alignments s. �,� + '"" '� ;fir Existing Finished Water Pipeline b I a IJ ..r� ` y ' b .a. City ©f Lake aswego Property w E �� �. • wr ;. xs s 4 ). , ..ir , ' ' 41/4 ,.. ,„„ . if) . ... .., .„-. , ..i,t, - -`1 tfor ...;,: r - v nwiljt- , i. ' L..):.. 50,..° .., : __ .. . .---...-.- .. x q . Proposed al g Reservoir • r. © - a'd . 3 $ . { fir 4T 77 Waluga ervo r 3 ... t 1 0110 )4 ,.' e -- - c _ S -! V /, xr ', ' ° , .101t 1- •A 11174* li ' - # 01 1 ,E -, a x `- a K ' .... •. h i ` 1 ", ssl ' 7 , ate- : w I , Y ,. ' - .. } �`�, + d�a a •- r A ydt- N ♦!f� •' fin J b' ` ' .. a - , . j if _ , - � � �` ®" v ,.. Waluga Reservoir , f " • , i cm r *� Bonita Pump Stati .... . , .„_,.-.47.7.-"-" f 1"Iiiiry,:i*e" e Wu-.1.t . 1.-- 7 -- — ' 77 :7, i • 4 s 77.--- r— r 2 - i{ 3 r e .Y,r - ' -' • - - '' 0 s ■ ;rw,, ` s • ` s 6 .r; ; r ;,+I G : __ s k.,4 i uy ii I i r r J WCSL ! P-1.- BlrlinntRIT;'-- .� INA '`r t h Bonita Pump S7emon ' 4 " i t 1 II SI i rk, rte. A. ' ► = a s - 4 I . U w 'n— LEGEND h, , J , " • — ° • Potential Finished Water Pipeline Alignment , E fir T a Existing Finished Water Pipeline 5 11 .' tit — - Water Treatment Issues, Strategies and Alternatives Agenda 1. Why is treatment necessary? 2. How is the appropriate treatment alternative selected? 3. Treatment alternatives overview 4. What are the recommendations? S•{$EGO. + ` ... - Air% 3 , 40 • qk Why is Treatment Necessary? Water must be treated to: 0 Protect public health Regulatory driven parameters Provide aesthetically pleasing pproduct __. Seasonal taste and odor b � K+ � . ^ , � x 1 2 r . ate' �, _ kw./ + • s Iii The Business Case Evalua ,1 [3 ©_ _ - =sf,, _,._ provides a supportable de a oil' ` 64 `, e 0 a i - _� nT V' - >r _ !4_L .r L? ` 316 _ ' alternatives �_ - _ _. 1 Form Expert Team - Your Staff + I, 2 Document Problem Linked to Level of Service h Define Evaluation Boundaries - Expert Panel Workshop 1 3 Link to Level of Service f Define and Community Values Screen Brainstorm Alternatives and 4 Screen Fatal Flaws Collect Data on Costs and Benefits 5 Economic, Environmental, and Monetize and Workshop 2 Community Risks and Opportunities - Compare 6 Monetize Environmental and Community Criteria 7 Undertake Net Present Refine and Value Analysis as���ear�cv Recommend Workshop 3 � __..._.._. aft d 8 Determine Preferred Solution Key Water Quality Parameters Particulates (turbidity) Taste and odor (T&O) Microorganisms organics (molecules containing carbon & hydrogen) Regulated disinfection by- products (DBPs) 1115,1411 tic � 4 4 7: 0 Water Quality Highlights ° High quality source and finished water o Existing treatment meets current regulations • Occasional spikes in source water turbidity and finished water T&O • Cryptosporidium not a concern today ' 2005 USGS study measured pesticides and herbicides Lower Clackamas source water Finished water (not Lake Oswego WTP) — Findings: No regulatory problems or known health concerns DBPs below current regulations DBP regulations may become more strict in future 9 J + d S • vrfR pA RTNp�.. Finished Water Quality Data- Regulated DBPs Disinfection By- Products 90 80 80 70 60 56 c 60 0 49 m 50 I , 41 ■ Current Regulation Limit c. ,,, 40 t J • LO Finished Water Peak 30 • 27 24 0 LO Finished Water 2009 Avg. • 20 • 10 - - 0 • -- • Haloacetic Acids (5) Total Trihalomethanes Contaminant a p p � '_ t - ++ ... a� .. -I- F R PAA '_Jr ,�- " tiff '.'r 1...0 10r. .. - - Status of Existing W I:IL ; 1( i .°, , ,,,:,, .,.-, i i..- . ..t �, � 'k 1 �r h rf - � _. J ti r Functions well now ,- -�� j k - FF ''' "' 4 : , � � ,r ¢ - `1 W: i s i s ii ® Not likely to meet . i ~ ,. future DB Vi - - 112-7`-`1" . A I ® T &© challenge • `..;„ . ,r - 3 �a - . � • .LP fl .,:. ♦-�_ " r 1. .. 0/t F F, E +.1r - . „ rr ;i►.,ar • ® 40+ {]/ears old =* , � _� l 0 _ . •--- P,„1 t „. I if I;. r i , ` - t. r F � a ♦ y 4. Lake OswepoTigard — '- lla+r ,s Water Pannersh3p Lake aswepn vrta r ti Aell1. .... ......."1.6...-. _.,,--.. "--._;•_.... ' 7-'4' --s:11; 7...'".-- .7.-T1'... 4 ,,,,,„0:7 '...t.....-- ,,,.., I k .* .---' ' !i* N1" . --.44.........--' , - _ 44...4. ' ' .g '.-- - --. - 7. ' 'p P F- ,`q r„`w ' ±r yss l q..,F W es. . L y � , '''...14 t Wide Range of Alternatives Available- Higher Performance = Higher Cost FUTURE REGULATIONS Treatment Conventional Ozone BAF Fiitration Technology Meets Enhances Public Regulations Health Protection Water Quality Performance Improved Enhanced Treatment Treatment Level of Added Cost for Ozone Particulates Microorganisms Service Microorganisms Organics $10 -20 M Capital Organics — T &O $0.3 M /year O &M - T &O — DBP $13 -23 M NPV — DBP — Other �SWEGO. 4 Confirms 2007 L.O. Customers: $3 -6 /month 4; Recommendation Tigard Customers: $3 - /month �pARTtk 0 BCE Workshop No. 3 Provided Recommendations (June 10, 2010) • Assessed Costs, Risks, and Benefits of Alternatives • Conventional Treatment Recommended • Adding ozone Now Also Recommended • Expert Panel • Citizen Sounding Board 4 � T Yp eR �"A Rlt1t- _ �.+ . r, c ilbAC 010 Multiple Benefits of Adding Ozone • Provides an Additional Disinfection Barrier • Consistently Improves Taste and Odor • Delivers Higher Quality Water Than Current Regulations • Reduces Chlorine Use • Is Capable of Reducing Emerging Contaminants • Represents Proven Technology • Increases Flexibility to Handle Source Water Quality Changes • Costs less than 20 ¢ per Day per Customer • Supports LO -T Stated Values and Principles 4s we.o . r ... " -•.rte+' _.y, * r _. C4 7- 1.,„„) . r -"rt ... c - aR Ozone System C __ _ 1 ,,,, t f -. -;- „ gy p r • I 1 • • 16.4 1li et;;;■ tia llk 44 ,. . Tik _... ' _ M, LOX Storage and Ozone Generators Evaporators o 9 � _ s �f -)' ' [ iii "Re& 414EI _ `3 t _ 11 = - o SVfecn. r VON, 4° Ozone Contactor 5 • y r `.qR^ f11.0 -' Treatment Decision Outreach Goals: • Inform the public about the treatment decision process • Consult with the public; acknowledge concerns and aspirations ® Provide feedback on how public input was used in the decision process • ye s - ' - �..y 441 a. _ ,y, 1..".+ ‘4140 ww c 1 t t V,c,.w �,�, tee, F pAflY1i -h. I i/. , i,� �r.� '"'' yn'" 'IJ. ! "F r°k' - '� 0,31 Treatment Decision Outreach Informational methods e Website Press releases • Utility bill inserts (May and June tb HelloLO and Cityscape Water Savv y � "Drinkin Water Treatment Decision" J 3y ns l GO.r Treatment Decision Outreach 1 ., O Consultation and feedback methods , ...- ...,,.. , k ..rh -' ' r �1. R , r O ° Citizen surveys r # d 3� � : � • Focus groups A , I ";t 0,4 . „„, , r: ,.. June 24 open House :z 1 �r Mk o Citizen Sounding Board d iscussions 0 Treatment decision "Water Savvy" • Print media outreach f- " a y�eeo.? ` .�a � a -- \.........-- \.........-- ,lei ..�, 4 + p R1S P - ... I" y.� ' a. What's Next? • Tigard Council Study Session June 15 • open House June 24 • Oversight Committee June 28 • Both City Councils meet July 12 • September /October each Council conducts work session on Supply Facilities Capital Improvement Plan ( SFCIP) • By December, each Council adopts SFCIP 5 @IEGO. T pa.. a e v ter' 1 4 45! 1.1.141. Ques 1 a lir i - 1 _ � gL7E R oWr erTre n ., t ' s L� NA IVY atme�tPSvnt mod. + , _ i i ) .I'. - - - -., `• Y "� - �� -- —_ ._.. —. f__L _ 1 art-. - }'� � ft • _ "�. — -ill' - � - r� - jam - F 1 E r :i k r 'i. `.r•.. " • II! S. �� \.1ti� ■ - _ - se—.. ,... . 1 p ! S `'. , . + • - 1 k - r , - �'..� ' ■ w S r.,�,.,f 1' ice S . ice i..;v Y - i �* e . \ " 1 4 51EGO r r , aw. - -.5.>< . ..,,,,„. ..t..... 4 ,,.... ..,!= NI.. IIIM- , .J, Agenda Item # j Meeting Date Tune 15, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Tide Water Rate Study and Water SDC Upd, e Project Overview �} Prepared By: Dennis I�oellermeier Dept Head Approval: _ 1 1 ,7 City Mgr Approval: V` ISSUE BEFORE THE COUNCIL This is a presentation of the Water Rate Study and Water SDC Update Project. STAFF RECOMMENDATION Listen to the presentation and ask questions. KEY FACTS AND INFORMATION SUMMARY • Council adopted a partnership agreement with Lake Oswego in August 2008 to purchase water treatment plant capacity before June 2016. • Tigard's portion for funding this partnership will require bonded debt to be repaid by Tigard Water Service Area customers. • The Water Rate Study and Water SDC Update project shall provide Council with the information regarding future water fees and charges schedules. OTHER ALTERNATIVES CONSIDERED None CITY COUNCIL GOALS Five -Year Council Goal: Develop long -term financial strategy Long -Term Council Goal: Continue to monitor the Tigard /Lake Oswego Water Partnership ATTACHMENT LIST None FISCAL NOTES The Water Rate Study and Water SDC Update Project are fully funded in the Water Fund. The combined project cost is $93,000. Agenda Item No. - Meeting of -yam i ;? -o/b • City of Tigard TIGARD Memorandum To: Mayor and Tigard City Council From: Dennis Koellermeier Re: Communication Plan — Implementation of the Water Financial Plan Date: June 10, 2010 Enclosed for your review is a copy of the Draft Communication Plan being developed for the Water Rate review process. Communication Plan I Implementation of Water Financial Plan Tag Line: A water financial plan is necessary to set up the revenue required to fund ownership in a safe, dependable supply of drinking water to the residents in Tigard, Durham, King City, and Tigard Water District (Tigard Water Service Area or TWSA). Key Message: • Ownership has always been a high priority of the citizens as it provides security. • Ownership has high initial costs but lower overall long term costs. • Ownership was implemented in August 2008 with the Lake Oswego /Tigard Joint Water Supply partnership • Water Financial Plan considers the costs associated with findinglarge capital improvements to deliver water to Tigard by 2016. • City of Portland Water Purchase contract expires 2016. • "Water delivered to your home for less than a penny per gallon" In the long term the community will be provided with sustainable high quality drinking water at the least cost for ownership through partnering with our neighbor City of Lake Oswego. "Sharing Water — Connecting Communities" Communication Goal: Provide information to residents and businesses on how the water financial plan (including consideration for increased water rates) provides funding necessary to ensure TV.s ownership in a secure, high quality drinking water for the long term future. ` 'Vhafs at,stake is ownership in a vital.resource for our community." - Coordinate message w Lake Oswego Key Themes: • Revenue Requirements. o Future total cost o Decide /Confirm wh funds are needed to pay for ownership in water supply system • Rates o Fairness . user pays for use, additional "why" explanation • What,rates pay for • Provides benefits to citizens for water needs • Rafes also maintain our service levels and system renewal /maintenance • PrOvidps funding necessary to implement LO /Tigard Joint Water Supply Project o o Plan in Place o • Choices we had: • Joint Water Commission (JWC — Hagg Lake Dam Raise) al al • Willamette River — Wilsonville Water Treatment Plant • Lake Oswego /Tigard Partnership sharing Clackamas River Water • Why we decided (for each one) a. • Portland water wholesale rates unpredictable; No ownership option with Portland • Public perception that Willamette River is a low quality water resource at this time • JWC was distant water source (too far away) and too expensive; did not meet 2016 ° timing of delivery to Tigard i • Lake Oswego — Tigard Partnership met all preferred options of cost and timing; Close neighbor, high quality water source, meets water demands through 2030 Implementation of Water Financial Plan: o May 11, 2010 - LCRB Award of Contract o June 15, 2010 - Joint Council /IWB Workshop — Introduction to Project o July 20, 2010 — Council Workshop — Revenue Requirements and Cost Allocation o July 27 — Council Business Meeting — AIS to Consider resolution to amend Water Fees and Charges - Delete October 1st rate increase o September 21, 2010 — Council Workshop — Rate Design o November 9, 2010 — Consideration to adopt resolution to approve six year financial plan and amend water fees and charges o January 1, 2011 — If adopted, new water rates and fees schedule effective Timeline: From initial adoption by City Council through final phase -irk of five year financial plan and recommended amendments to water fees and charges schedule; annual review and reports thereafter. Project Schedule: Communications: Key Messages June 15 — "Know H20" Newsletter • Describe the ownershi �p lan for the future; Council /IWB direct mail - June 5 LO /Tigard Partnership Project Workshop "A Tale of Two Cities" • Provides a Project Plan to meet 2016 deadline article Agenda: Post on website • Clackamas River Water is a high quality source Introduction to • Discusses the treatment options and expert panel Water Rate Study Tigard Balloon Festival — a LoTigardWater.org Website Info Project" June 25,26 & 27 • Water Financial Plan - Moving toward Ownership Cook Park in a sustainable water resource ". Tools • City Booth — Poster Board Lake Oswego /Tigard Joint Water Supply Project • Information materials, handouts, citizen response cards v al Lead - John Goodrich ce 3 Communications) Key Messages v LO /Tigard Partnership Open • Ownership in LO /Tigard Partnership is good value, v House Thursda , une 24 u J saves costs by sharing resources — Invitation i chided in June • Provides information regarding Clackamas River c "Know H2O" Newsletter Advertised in local paper, project description, challenges and treatment Y websites by May 25 ' options, preferred option E • LoTigardWater.org Website Info 0 Invite stakeholders: Durham, € King City Council, IWB, Tigard c Water District, Large water users, Lead — Dennis Koellermeier, John Goodrich a. Businesses, public o :CU Project Schedule: Communications: Key Messages July 20 — Tigard Farmers Market • Water Financial Plan provides the road map to E Council Workshop July 18th — 9 am to 2 pm funding ownership in a secure high quality water E o source v Tigard Farmers Market 2 Agenda: August 15th — 9 am to 2 pm • Tigard is a good steward of TWSA Water services Revenue • Most costs are to maximize water investment for the Requirements and future Cost Allocation Prepare Press Release: "Tigard • Sets the stage for what customer pays for now — future moves forward to implement articles to discuss what their water dollars will pay for July 14 — Lake Oswego Partnership" i the future 1WB Meeting July 21 July 26 complete and • LoTigardWater.org Website Info Advisory Review distribute to Tigard Times, Oregonian Tools Agenda: • Farmer's Market City Booth — Poster Board Lake Revenue Provide a copy -ready version to s �' Requirements and Durham, King City, and Tigard Oswego /Tigard Joint Water Supply Project Cost Allocation Water District for use • Information materials, handouts, citizen response cards Start Preparation of "Know H2O" Newsletter for September Lead John Goodrich Publication Date by August 1st Article to coincide with key messages Project Schedule: Communications: K ey Messages July 27 — Tigard Farmers Market • Water Financial Plan provides the road map to Council Business July 18th — 9 am to 2 pm funding ownership in a secure high quality water source Agenda: Tigard Farmers Market • Tigard is a good steward of TWSA Water services Consider August 15th — 9 am to 2 pm - a 1 • Most, costs are to maximize water investment for the resolution to future amend water fees Prepare Press Release: "Tigard • : Sets the stage for what customer pays for now — future and es char moves forward to implement charges articles to discuss what their water dollars will pay for schedule — Delete Lake Oswego Partnership" in the future October 1, 2010 July 21 J,tily:26 complete 'and • LoTigardWater.org Website Info water rate increase distribute Povide;�a copy -ready version to Totals Durham King City- Tigard • Farmer's Market City Booth — Poster Board Lake Water District for use .: Oswego /Tigard Joint Water Supply Project • Information materials, handouts, citizen response a Start Preparation of:Next "Know cards z 1120" Newsletter for'September Discuss or answer question relating to: Publication Date by.Agust 1st • Why this project? 3 Article fo- coincide widi ': key • Why now, can't we wait or delay: discuss Portland a messages : Contract end date on 2016 v 0 • Issues with Portland Water Supply • Key focus on Renter vs. Ownership C 0 m C c v Lead — John Goodrich v 0 E Project Schedule: Communications: Key Messages I September 21— Cityscape Article due June 25 for • Tigard is implementing a water financial plan that c Council Workshop August — "The Value of Water provides ownership in long term water supply for o Ownership" TWSA Water services a u "Rate Design and Post on website • Provide % breakdown of water dollar costs toward a Allocation of providing service: Labor /Administrative, M &S, Debt E Costs to consumer Prepare Press Release: "Tigard Payment, continued PWB costs u Considers Financial Plan for groups" • Focus on ownership to maximize water investment f or 3 Ownership in Water" — focus on the future This workshop benefits of ownership to customers • Pie chart to easily describe where each new dollar goes completes all of September 22- September 29 • Sets the stage for what customer will pay in the future the financial plan complete and distribute to Tigard • Customer is always in control of water use details for final Times, Oregonian • "Drinking water delivered to your home for just a consideration to adopt resolution Finalize article for September Issue penny per gallon" for approval of "grow HzO" Newsletter • Ownership has value and is being funded over a long Article to coincide with key term through future revenues September 8 — messages from financial plan • Provide information regarding City web site Water IWB Meeting Rate Calculator Advisory Review Post Water Rate Calculator on • LoTigardWater.org Website Info website: Tools "Rate Design and • Farmer's arket City Booth — Poster Board Lake Allocation of Tigard Farmers Market Oswego:/Tigard Joint Water Supply Project Costs to consumer Sep15th — 9 am to 2 pm • In 'motion materials, handouts, citizen response groups, cards Tigard Farmers Market Continue Disci scions or answer question relating to: This meeting October 18th — 9 am to 2 pm Why this prod ? completes all of , • Why now, can't wait or delay: discuss Portland the financial plan Contract end date on 2016 details. •, Issues'th Portland Water Supply • Key focus on Renter vs. Ownership Lead John Goodrich Communications: Key Messages Tigard Farmers Market a : Tigard is implementing a water financial plan that Sep15th — 9 am to 2 pm provides ownership in long term water supply for TWSA Water services Tigard Farmers Market , • Provide °A breakdown of water dollar costs toward October 18 — 9 am to 2 pm providing service: Labor /Administrative, M &S, Debt Payment, continued PWB costs 46'. Focus on ownership to maximize water investment for the future • Pie chart to easily describe where each dollar goes • Sets the stage for what customer will pay in the future o • Customer is always in control of water use It • "Water — still just a penny per gallon delivered to your 3 home" - a, • Ownership has value and is being funded over a long CO term through future revenues c u • Provide information regarding City website Water o Rate Calculator `o lo • LoTigardWater.org Website Info Tools a, E • Farmer's Market City Booth — Poster Board Lake E Oswego /Tigard Joint Water Supply Project 1 • Information materials, handouts, citizen response cards c c Continue Discussion or answer question relating to: o • Why this project? c • Why now, can't we wait or delay: discuss Portland E Contract end date on 2016 E E V • Issues with Portland Water Supply 4 • Key focus on Renter vs. Ownership Lead — John Goodrich Project Schedule: Communications: Key Messages November 9 — Cityscape Article due August 25th • Tigard is implementing a water financial plan that Council Business for October Issue — "Council provides ownership in long term water supply for Public Hearing considers adopting Water Financial TWSA Water services Plan" • Provide % breakdown of water dollar costs toward Consider Post on website providing service: Labor /Administrative, M &S, Debt resolution to adopt Payment, continued PWB costs 2010 Water Prepare Press Release: "Tigard • Focus on ownership to maximize water investment for financial plan; and Considers Financial Plan for the future consider resolution Ownership in Water" — focus on • Pie chart to easily describe where each dollar goes to amend water benefits of ownership to customers • Sets, e sta e for what customer will pay in the future fees and charges October 12- October 19 complete g p effective January 1, and distribute to Tigard Times, • Customer is always in control of water use 2011 Oregonian • "Drin water delivered to your home for just a penny perllon" Prepare direct mailer water rate • Ownership' has'value and is being funded over a long brochure "card" in anticipation of term through future,revenues Council approval of recommended ' " ' • LoTigardWater org Website Info water rate fees and charges schedule — mail out if approval takes place on November 9th by November Prepare article for December Issue of "Know H2O" Newsletter- „ Article to coincide with key messages fro water financial plan Share copy ready article: information With Durham, King City, and Tigard' Water District Lead — Dennis Koellermeier, John Goodrich or Liz Newton ' Continue to post Water Rate Calculator on iwebsite Project Schedule : ` Develop communication plan for Key Messages a; November 2011 the next annual period: • Tigard continues to implement the adopted water ce Coun Business • Prepare and mail water rate financial plan that provides the funding for ownership kl Meeting — TBD increase brochure for any in long term water supply for TWSA Water services adopted water rate • Provide latest percentage breakdown of water dollar Annual Review of increases heduled for costs toward providing service: W o ater Financial Plan, OctQb11 Labor /Administrative, M &S, Debt Payment, c Revenue Tracking, • Prepare,-article for continued PWB costs Plan Assessment September 2011 Issue of • Focus on ownership benefits to maximize water o "Know H2O" Newsletter investment for the future. as November 2011 • Article to coincide with key • Pie chart to easily describe where each dollar goes a IWB Meeting messages from water • Sets the stage for what customer will pay in the future E Advisory Review of g p Y financial plan as LO /Tigard Joint Water Supply funding is needed. c Water Financial • review and assessment a Trackin Plan • Update construction schedule and milestones of Assessment • Prepare Cityscape article to LO /Tigard Water Supply Project ° provide information • Continue to focus on the message that the Customer u regarding the review is always in control of water use E findings of the Water • "Drinking Water delivered to your home for just a v Financial Plan penny per gallon" S • Post information on City Website • Ownership has value and is being funded over a long • Share copy ready article term through future revenues information with Durham, • LoTigardWater.org Website Info King City, and Tigard Water District Lead — John Goodrich and Toby LaFrance Communication Assessment: This plan requires a separate "feedback" loop to assess the public's awareness of the information provided throughout the Water Financial Plan project schedule. • Feedback Loop Tools o Public comments via phone, email, website, personal cot tact, etc. o Editorial comments via print media, voice media, etc.` o OregonLive, blog, etc o Public attendance at Council and IWB rneetin s • • • Feedback Tracking o Use public comment cards available at public events such as Balloon Festival, Farmer's Market, etc. o Record notes or phone numbers of concerned citizens or inquiries by various staff within the City o Inform IWB members to track and bring questions/inquiries/comments to the City's attention through their respective representatives o Data mining of Oregonlive, newspapers, .phone call logs, etc. o Consistent assessment of public comments at Council and meetings regarding the Water Financial Plan, LO /Tigard Joint Water .,Supply Project, Portland Water Bureau, etc. • Feedback Triggers: o Personal opinion is considered each individual's right within the public o Perception of misinformation by the public should be a trigger to target the misinformation and use varjous communication tools, to correct o Key messages should: be tracked to ensure that the public's general perception of information regarding the Water Financial Plan, LO /Tigard Joint Water Supply Project, Portland Water Bureau, etc is accurate -0 v • Communication Asse$* cent Tools' o A feedback trigger may warrant consideration to conduct a "public information" assessment survey targeting diverse demographics within the TWSA which asks specific questions to evaluate public common knowledge and information ° m a 0 O U 6 1 2 ({ vse (- ( I o Ad e‘i cfe, l .- 1 -- -e w L --- BASICS OF I ! i i ! II ► ► . . %, t7 = t lit, / " AD •, r • — Ana.. RE QDAK • • • •• CONSULTING • • • • A DIVISION OF MALCOLM PIRNIE Authors C. (Kees) W. Corssmit, PhD is a Vice President of Red Oak Consulting, the BASICS OF consulting division of Malcolm Pirnie, Inc. Kees is located in the company's Denver, CO office. WATER RATEIVIAKING Christopher P.N. Woodcock is President of Woodcock & Associates, Inc., a water and sewer rate and financial consulting firm located in Northborough, MA. Nal 4,0 : _ Forward ""i ` *! In 2006, the American Water Works Association (AWWA) asked Dr. Corssmit, - 1 - Chair of its Rates and Charges (R &C) Committee, to review and advise if a 111110 brief booklet named Back to Basics (Guide to Setting Water Rates), authored by , ,;, ; 1 '-, .. s "� _ r, AWWA in -house staff in 1992 should be updated. Dr. Corssmit recommended = '�' ' ., . rewriting the booklet to bring it into alignment with adopted AWWA policy for / � �.'' rates and fees as stated in its Policy Statements and as documented in the stand- / �i 11 ards developed by its R &C committee. ,Jl , - � i1 ' K 08825 ,1' Mr. Woodcock, who serves on the Rates and Charges Review Subcommittee, i ( (j 11 ; ' ...w, „RG - ,'xi, volunteered to assist in co- authoring the new booklet. The booklet was also '--_ '”' "_'_; �r ' it. 3111 reviewed by three other R &C committee members. The authors thank Messrs. _ ; -z. . -. Richard Giardina, Rowe McKinley, and Eric Rothstein for their useful com- I , 'y. Z , : w "" ments and insights. Introduction 2 Special Note: AWWA Education has expressed an interest in adopting this book- Water Utility Service Is Not Free 4 let for its future electronic lessons program. Since this program is not imminent, Malcolm Pirnie, Inc. has agreed to produce this publication and make it avail- Financial Self Sufficiency 4 able for interested audiences until AWWA assumes this role. The Financial Plan 6 Annual Costs 7 © Malcolm Pirnie, Inc. User Class Service Characteristics 7 Illustrations designed by Rachel Stevens Unit Costs 8 Printed and distributed by Red Oak Consulting, a division of Malcolm Pirnie, Inc. 073108 Rate Schedule 10 800 - 759 -5020 Simple Rate Design 14 Offices Worldwide RED Implementing Rates 15 www.pirnie.com • CONSULTING www.redoakconsulting.com Annual Reviews 16 BASICS OF . � . „ 4 .. , „. r. WATER RATEMAKING pi, NI 1011/1111:: m .'pct., I< ' i r P 4':', ∎. Cil El I. T�I'll {�.'. -') , yd _ c, • } \ r 42 °.`. 'T rr i ..,,,,(2,-r °. q ' A..,. ..r� _ �=:•,y, tit.., �/ r ,� _ .e ;7, ... : :. :;; •�' : w .r �. it' ■ I INTRODUCTION Audience Purpose In addition to newly appointed policy makers, such as City Council members or The purpose of this publication is to provide some basic guidance for water District Board members, water utility managers with minimal rate experience, utility policy makers, managers, and senior staff responsible for developing or their senior staff such as finance directors or accountants who have not yet and implementing water rates. More detailed guidance materials developed been exposed to the available p guidance literature, might also find this publica- by the American Water Works Association (AWWA) are referenced to assist tion useful as an introduction to the widely adopted guidance, principles, and those readers that wish to further explore the concepts and tools used for sound practices employed for developing water rates. While this publication conforms utility ratemaking. These references contain much more detailed materials that to the principles for accounting, financing, and ratemaking adopted for North will help readers understand the principles of water ratemaking, lay a basis of American audiences, utilities in other countries might find these policies and fundamental, proven concepts and explain analytical tools widely adopted by related guidelines useful to gain financial independence for their respective the water industry utilities. Basic Premises Main References Water utility services are best provided by autonomous and financially inde The main publications this manual refers to are: pendent utilities. Autonomous service means that the utility does not rely in • AWWA Manual M 1, 2000, Fifth Edition, Principles of Water Rates, Fees, any substantial way on outside agencies or entities nor their financial support. and Charges. Revenues collected by the utility should be sufficient to operate and maintain • AWWA Manual M54, 2004, First Edition, Developing Rates for Small Sys - the fixed assets as well as meet the ongoing operational needs of the utility over terns. time while minimizing long -term financial costs for the users. • AWWA Handbook Water Rates, Fees, and the Legal Environment, First edi- tion, 2005. • AWWA, 1995, Third Edition, Water Utility Accounting 2 BASKS OE WATER RATEMAKING BASICS Of WATER RATEMAKING 3 Source Total Revenue Requirements Water Treatment Plant (Non -rate Revenues) [10El[iMO User Charge Revenue Requirements Dtstrsbut on Storage Figure 1: Typical Water Utility Service Functions Figure 2: Utility Revenues WATER UTILITY SERVICE Is NOT FREE Although water itself, whether obtained from surface water or groundwater Water utilities in North America rely substantially on user charges and fees as sources, may be free, the collection, treatment, and distribution of water to retail the major sources of revenue. Meeting total revenue requirements over time or wholesale customers are not free. Services that are typically provided by wa- in a predictable and sufficient manner has become an important responsibil- ter utilities include: water supply, storage, treatment, transmission, distribution, ity of senior staff and the utility's policy decision makers. Figure 2 shows that fire protection, metering, administration, billing, and customer service. The non -rate revenues are subtracted from total revenue requirements to determine cost of each of these functions may be tracked in the cost accounting system at revenue requirements from user charges. various levels of detail. The cost of water utility service is typically expressed in Estimating revenue requirements follows certain principles from economic annual operations and maintenance expenses, and annual capital costs. theory often referred to as Average Cost Pricing. In short, the projected costs FINANCIAL SELF SUFFICIENCY of the utility are divided by the projected usage of the service to determine the AWWA has adopted the following related policies: average price of the service. Prices are often differentiated by customer class according to the difference in costs of serving these customers. See Chapter 1 • Water utilities should collect sufficient revenues to finance all operating and in Water Rates, Fees, and the Legal Environment for more details on the history maintenance expenses and all capital costs. and pricing conventions adopted for water ratemaking. • Water utility revenues should not be diverted for unrelated purposes. Also, the legal history associated with water rate disputes suggests that, for • Water utilities should adopt a uniform system of accounts following proce- rates to be defensible, rates should reflect the different costs of serving differ - dures outlined by the industry and in compliance with pertinent regulatory, ent customers. In short, this means that customers should not be subsidized by legislative, and judicial requirements. other customers. The AWWA's M1 Manual is also a good resource to review • Rates should be based on costs and avoid subsidizing customers. these concepts in more detail. 4 BASICS OF WATER RATEMAKING BASICS OF WATER RATEMAKIN& 5 Annual Revenue References Operations & Maintenance Requirements 0 &M 1111111111111111111111111M1 Table 3-tor M54 table 2-2, Master Capital Revenue Debt Service 1 Table 1 -2 lines 2 and 3 Plan Improvement Requirements 54 Table 2-4 lines 11 and 12 Plan Rate Financed Improvements 1 Table 1-2 line 4 or All 54 Table 2 -4 line 14 L op. Subtract Non -rate Revenues1 Table 1 -2, line 9 or "' User Charge Rate II , Desi n M54 Table 2-4 lines 2 and Revenue Cost -of- Service Requirements g Add Changes to Reserves M54 Table 2-4 line 20 User Charge Revenue Requirement .._ _ . ,AmilL. _._ .. Figure 3: Schematic of a Financial Plan Table 1: Annual User Charge Revenue Requirements THE FINANCIAL PLAN ANNUAL COSTS Annual costs for most publicly -owned water utilities are determined by the cash To set equitable water rates that meet the utility's financial needs and reflect community priorities, a financial plan is a prerequisite tool for the utility. needs of the utility. Manuals M1 and M54 provide further details for this meth Figure 3 contains the basic elements of a financial plan. In addition to annual od, the Cash Needs method. In this method the annual operational and capital operation and maintenance expenses the plan should also address the capital costs needs are determined as summarized in Table 1. Examples for operation costs of the utility over time. and maintenance expenses may be found in M54, Table 2 -2. An example of a five year plan may be found in M54, Table 3 -1. A Master Plan is the starting point for determining capital costs. The next step is the development of a Capital Improvement Plan. A Capital Improvement SER LASS SERVICE CHARACTERISTICS Plan is a systematic listinb of needed improvements ordered by priority and If the utility services different classes of users the characteristics of serving year. It usually spans a minimum of five years but may be much longer. Ongo- these users may have distinct differences. The use and demand patterns of ing operational and maintenance expenses also need to be reflected. residential customers are often quite different from those of commercial users. The next step in the Plan is to project the capital and operational costs on an Industrial or wholesale users may also have unique demands and service needs. annual basis. This requires the analyst to understand the sources and applica- These characteristics normally include the size of meters used to supply water tions of revenues or other funds such as grants, loans or reserves. Last, the Plan to these customers and different flow needs during the year and for seasonal should indicate how much the utility needs to plan to collect from all revenue use. Fire flow needs tend to be quite different for different classes. Wholesale sources and, particularly from user charges in the next year. This is called the or bulk sales customers often need to be tracked separately. User Charge Revenue Requirement. After that, the cost -of- service analysis de- If all customers are similar, such as a predominantly single family residential termines each user class' share of the total cost to provide service. The final step user class with similar size lots and outdoor watering requirements, or if the in ratemaking is to design a rate structure to collect the revenue requirements utility lacks sufficient customer or cost data, Manual M54 provides useful from each customer class. guidance for developing a rate schedule without a cost -of- service rate basis. 6 BASICS OF WATER RATEMAKING BASICS OF WATER BRIMMING 7 6. Select rate T Max -Hour Extra 5. Distribute to customer classes �. 4. Develo unit costs Max -Day Extra 3. Assign costs to costs j_ 2. Analyze and establish customer classes T Base Determine user charter. a revenue re uirements 1 Figure 4: Cost -Of- Service Steps Figure 5: Base Extra Capacity Illustration For customer class characterization see Tables 1 -1 and 1 -2 (page 7) for details. methods recognize that different classes exhibit unique demand service char - Cost-of- service rates require that additional steps are performed before devel- acteristics. Figure 5 illustrates the base extra capacity cost allocation method. oping rates. Manual Ml and the Water Rates, Fees, and Legal Environment The extra capacities are measured above the base level demands. Manual M1 handbook provide additional details. contains detailed numerical examples based on these two methods. Figure 4 presents the steps followed to develop cost -of- service rates when deal- Customers located outside the corporate boundaries of the owning municipality ing with different customer classes. If only one class of customers is served, may require quite different methodologies to determine their revenue require - steps 2 through 5 of Figure 4 are not needed to determine cost -of- service water ments and rates. See Manual M1 and Water Rates, Fees, and the Legal Envi- rates. This becomes a situation mostly found in small towns or water systems. ronment for further guidance and details. UNIT COSTS In step 5 of Figure 4, each customer class is assigned its proportional share of the revenue requirements. Only after this step can rates be designed. Figure 4 displays the six steps that are required to determine equitable rates for a utility with multiple customer classes. The two common methods used by rate analysts to develop cost -of- service rates are called the Base Extra Capacity and the Commodity Demand method. Both $ BASICS OF WATER RATEMAMING BASICS OF WATER RATEMAMIRG 9 Sikoal $ /kgal ykny Conservation Leg a l Legal Q.an;a wa�� Uniform Rate Inclining Block Rate Declining Block Rate Quanory $ /kgal $ /kgal 5'ail c..,,t, L .... , t�A7gn)q* Cost Equity Recovery Rate i.„.„.„...: -.— D 1 esign Seasonal Rate Months Budget /InrAerdoalved Qua,roty Flat Fee Quantity J S/k9a1 S /kgal Revenue Understandable Stability Quantity Excess Use Rate �a awc Defendable Average `°�` P`' °n9 Figure 6: Rate Design Criteria Figure 7: Rate Design Examples RATE SCHEDULE A rate schedule is a listing of rates to be charged to the utility's customers. The Bills may be sent monthly, bimonthly, quarterly, or semi - annually. The trend in schedule is adopted by the City Council, or Board of Commissioners that has the United States has been towards monthly bills. Infrequent bills may reduce been given rate setting authority. The schedule maybe simple or complex de- the ability of the utility to send conservation signals to the customer. Bills usu pending on local needs and circumstances; however, the easier that rates are to ally contain a fixed portion, regardless of water use, and a commodity rate ap understand, the fewer customer complaints and questions the utility might have plied to the amount of water used by the customer during the past billing period. to answer. Rate designs can vary dramatically. Figure 7 presents a number of different examples of rate design. In addition to determining the frequency of billing, the utility has to consider other criteria before selecting a rate structure. Revenue stability, ease of admin- Some utility systems include some minimum level of water in the fixed portion istration, customer acceptance, water conservation, and other community goals of the bill. Providing a nominal amount of water as part of the fixed charge often are identified as significant rate structure goals. Selecting the right rate may be viewed as an allowance to provide a life line to assist low income users, design can involve many considerations and might require careful and system- or for promoting revenue stability. atic review of objectives and priorities, some of which maybe conflicting. 10 BASICS OF WATER RATEMAKIK6 BASICS OF WATER RATEMAKIN6 11 Uniform Seasonal ._ Increasing Block Block Flat I I Objective Block Rate Rate* Rate Rate I' --T I., ► ,. Fairness Q 1 x t =- -' _: - .—... 1 - ; . .., ... . •, Conservation - 0 4 1 , 1. « y ; .. - : - Equity • • 0 ..: - ost of Service 0 a ► " ,, Based N• r . • 4 _ Understandable 0 0 0 0 ¶easible 0 0 0 0 Defendable 0 0 • 0 Revenue Stability 0 • 0 0 11111111111111111 Cost Recovery • 0 • 0 ID 0 * Uniform Rate by Class High • Satisfactory 0 Low Figure 8: Sample Evaluation of Rate Design Criteria The commodity portion of the bill can be simple or very complex. The Ml manual provides a number of chapters detailing different rate designs. Balanc- ing all community goals, while preserving revenue sufficiency and rate equity needs, can be a difficult challenge. Rate equity itself is a challenging subject The cost of fire protection may be especially significant, compared to other util- considering that it requires interclass (different classes), intraclass (within a ity costs, in small water systems. Recovering such costs based on the respective class), and intergenerational (customers who contributed capital in different fire flow demands by class of customers may require additional considerations. time periods) legal and technical considerations. The listed references provide The Ml manual provides further details and guidance. If no fire protection more guidance on these subjects. charges are to be adopted, this cost must be recovered elsewhere in the water An example of the evaluation of preferred rate designs is illustrated in Figure 8. rates and charges. Evaluations can vary significantly among utilities. 12 BASICS OF WATER RATIMAKINR BASICS OF WATER RATEMAKING 13 Base Year 1 Year 2 Total revenue requirement $828,000 $870,000 $915,000 '_: �`- Less: Non - operating . ... - . • revenue (27,000) (27,000) (27,000) Less: Fixed service 374,000 390,000 409,000 Amii„ , _ — _ charge revenue . Net revenue requirements $427,000 $453,000 $479,000 from volume sales Volumetric sales ' ' in 1,000 gal 285,000 289,481 293,962 ' �,,{7Pricing r r Rate Methodology Principles Standards Volumetric rate per 1,000 gal $1.50 $1.56 $1.63 - -- Proper Authority Reasonableness Annual percentage change in volume rate 4.3 4.2% Table 2: Simple Rate Design Alternative Figure 9: Cornerstones of a Defensible Rate Structure SIMPLE RATE DESIGN IMPLEMENTING RATES A simple rate design for an uncomplicated utility may be found in the M54 Figure 9 presents the cornerstones of a defensible rate structure. manual, Table 4 -2, as illustrated in Table 2. Proper authority and reasonableness are rooted in legal principles. Pricing and Additional rate designs are presented in Section 1II of the Ml manual. rate methodologies are technical issues. See Water Rates, Fees, and the Legal For example, the minimum bill may consist of the cost of determining and send- Environment chapter 2, for further discussion of the elements of a defensible rate structure. ing one bill and a small charge for the cost of meters (differentiated by customer water meter size), and a uniform commodity rate for each unit of water use. After a rate structure has been selected, staff and policymakers need to engage its customers. This could range from a simple public presentation to more com- plicated presentations using study /focus groups with representative customers. Of increasing interest is assessing if proposed changes impact customers' ability to afford the new bills. This topic is expected to take on more importance since the cost of water services is expected to outstrip general inflation in the foresee- able future in North America. 14 BASICS Or WATER BATEMAkIWA BASICS OF WATER RATEMAKINA 15 WIG s ' � ACy ,C7b' y �Vt © Z' ANNUAL REVIEWS Regular annual reviews of the utility's financial status are critically important to stay abreast of revenue needs, meet operational needs, and help the utility to achieve long term cost efficiencies. Minimally, the annual review should include: • assessments of revenues versus expenses, • operational cost trends versus budgets, • capital cost expenditures trends versus plan, • maintaining sufficient operational and capital reserves, • a condition assessment of major fixed assets, • customer usage trends, and • water rate adjustments and possible restructuring needs. 16 BASICS OF WATER RATEMAKINS For additional information, please contact: Red Oak Consulting 800 - 759 -5020 Offices Worldwide www.redoakconsulting.com kr, D CONSULTING A DIVISION OF MALCOLM PIRNIE Agenda Item # Meeting Date June 15, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Discussion re! ardin . an Inter. overntnental A. •eement between the City Ti!, -d and the City of Sherwood for joint Funding of Water Supply Improvements Prepared By: Dennis Koellermeier Dept Head Approval: �w -. -��� Cite Mgr Approval: ISSUE BEFORE THE COUNCIL Shall the City Council enter into a joint financial agreement with the City of Sherwood to develop water supply improvements? STAFF RECOMMENDATION Participate in discussion and recommend entering into the Intergovernmental Agreement at a future date. KEY FACTS AND INFORMATION SUMMARY • The City of Tigard is a member of the Willamette River Water Coalition (WRWC). That coalition includes, among others, the City of Sherwood. • The WRWC currently acts as the custodian of water rights on the Willamette River, granted to its members. • Tigard, by previous agreement, is entitled to 20 million gallons per day (MGD) of those water tights, which have been extended to 2040. • Sherwood is currently building pipelines and other improvements to access water from the Willamette Treatment Plant and deliver it to Sherwood. Sherwood has elected to oversize portions of these improvements due to favorable bidding conditions and anticipation of future use by other WRWC partners. • Sherwood has offered this surplus capacity to both Tualatin and Tigard. Tualatin has since elected not to participate at this time. • Tigard has recently completed its Water Master Plan which concludes that Tigard's total system capacity resulting from the Lake Oswego partnership and our ASR sources will need to be augmented with additional supply sometime near 2030. • Staff has concluded that development of the Willamette River water rights during the 2030 -40 time period is a likely scenario for the Tigard Water Service Area (TWSA), and as such should be considered in future planning. • Partnering with Sherwood to develop a portion of the necessary infrastructure at this time would save TWSA customers a significant amount of money in the future. • The total investment needed at this time is $1 million, with additional payments of an estimated $3.3 million needed over the next five years. This partnership agreement will provide the following: o 20 MGD of capacity to the TWSA via the new pipeline connecting Wilsonville to Sherwood; and o Guaranteed access to the existing supply pipeline that extends from Sherwood to Tualatin. Tigard and Sherwood would execute a separate agreement for this pipeline, along with a firm buy -in pricing structure, at some future date, not yet determined. • The City Attorney's office has reviewed this agreement in light of the Tigard Charter provisions dealing with the requirement for a citywide vote to use the Willamette River as a water source and has indicated they will prepare a favorable opinion prior to Council adoption. • The Intergovernmental Water Board (RIM) has been studying this proposal and generally supports the IGA. OTHER ALTERNATIVES CONSIDERED The City could choose to not partner with the City of Sherwood at this time. The results of that decision would be to defer investing in water improvements that would allow use of the City's water lights as held by the Willamette River Water Coalition. CITY COUNCIL GOALS None ATTACHMENT LIST 1) DRAFT IGA 2) WRWC AGREEMENT 3) PROJECT MAP FISCAL NOTES This partnership has been in development for over a year, and the initial $1 million dollar investment has been included in the FY 2010 -11 budget. Subsequent payments totaling an estimated $3.3 million can be included in future debt financing instruments being developed for the Lake Oswego /Tigard partnership. Those debt issuances are anticipated to be repaid by water rates and water SDC's. Attachment 1 AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF SHERWOOD AND TIGARD REGARDING CONSTRUCTION, OWNERSHIP AND OPERATION OF THE SEGMENT 6, 7 and 8 WATER TRANSMISSION LINE FROM A POINT ON WESTFALL ROAD EAST OF THE INTERSECTION WITH TOOZE ROAD AND CONTINUING TO THE INTERSECTION OF BAKER ROAD AND SUNSET BLVD (THE "PROJECT ") AND THE GRANTING OF AN OPTION TO PURCHASE THE CAPACITY OF ANOTHER WATER TRANSMISSION LINE FROM SHERWOOD TO TUALATIN THIS AGREEMENT made and entered into this l day of June, 2010, between the City of Sherwood, Oregon, a municipal corporation of the State of Oregon ("Sherwood"), and the City of Tigard, also a municipal corporation of the State of Oregon ("Tigard"). RECITALS The parties agree upon the following recitals: A. Sherwood is in the process of constructing water transmission line facilities from Westfall Road unincorporated Clackamas County east of the intersection with Tooze Road and continuing to the intersection of Baker Road and Sunset Blvd in Sherwood (Segments 6, 7, 8). This water transmission line, in conjunction with other water transmission lines already constructed and an approximate 2500 If segment to be constructed in the near future, will supply and distribute water from the Willamette River Water Treatment Plant ( "WRWTP ") located in Wilsonville, Oregon, on the Willamette River to the Sherwood service area. Tigard has previously contracted with Lake Oswego for participation in a water facility project which, if successful, will provide a permanent source of supply for Tigard, but notwithstanding that new source, Tigard will still require an additional 20 mgd of water source in the future to serve its long term needs. Sherwood has determined that there will be a surplus capacity in Segments 6, 7, and 8 of 20 mgd and is desirous of selling that surplus capacity ownership to Tigard for possible future use by Tigard. This Agreement is intended to provide for the property acquisition, surveying, geotechnical /enviromnental studies, permitting, design, construction, mitigation work, inspection/project management, ownership, maintenance, and operation of approximately 15,500 if of 48 -inch diameter pipe, routed from Westfall Road east of its intersection with Tooze Road and continuing to the intersection of Baker Road and Sunset Blvd. The transmission line project is more particularly described in Exhibit A, identified therein as Segments 6, 7, and 8 and attached hereto and incorporated by reference as if fully set forth herein. It will be referred hereafter as the Project. B. The parties desire to enter into this Agreement for the property acquisition, surveying, geotechnical/environmental studies, permitting, design, construction, mitigation work, inspection/project management, ownership, maintenance, and operation of the Project for the purpose of supplying water to the current and future customers of the Sherwood and potentially the future customers of Tigard. C. The parties desire to share in proportion to their respective ownership shares, as set forth in Section 3.1 of this Agreement, the cost of the Project. The final finished cost of the 1 Project shall not be determined until final acceptance of the Project by the parties. Present estimated costs for the Project are set forth in Exhibit B, attached hereto and incorporated herein by reference. D. It is recognized by the parties that it is necessary to enter into this intergovernmental cooperative agreement through ORS Chapter 190 to provide for the property acquisition, surveying, geotechnicallenvironrnental studies, permitting, design, and construction including inspection/project management, ownership, maintenance, and operation of the Project. E. The parties have the authority to enter into this Agreement pursuant to their applicable charter, principal acts, and Oregon Revised Statutes Sections 190.003 through 190.030. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. DURATION The duration of this Agreement shall be perpetual unless otherwise agreed to by the parties. 2. CONSTRUCTION OF THE PROJECT 2.1 Transmission Line Route. The transmission line route of the Project is more particularly described in Exhibit A, attached hereto and incorporated by reference as if fully set forth herein. 2.1.1 Notwithstanding any other provision of this Agreement to the contrary, if the route is materially altered so that it is not generally constructed as described, either party may, by written notice, decline to share the expense of the Project as the route is designed and terminate participation in the Project. In the event that such notice is given, the parties may alter the route to conform to the original design, mutually agree on an alternate route, or elect that the extension shall become the sole property of the non - withdrawing party. 2.2 Sufficient Funds. It is understood and agreed that each party has budgeted and will budget sufficient funds for its respective ownership interest in the Project as reflected in paragraph 3.1 for the property acquisition, surveying, geotechnicaI /environmental studies, permitting, design, construction, mitigation work, inspection/project management, ownership, maintenance, and operation of the Project. Tigard's obligations in this regard are more specifically set out in Section 2.5 of this agreement. 2.3 Sherwood Responsibilities. Sherwood shall oversee the property easement acquisition, surveying, geotechnical /environmental studies, permitting, design, and construction including inspection/project management, ownership, maintenance, and operation of the Project. The Project shall be jointly owned, by Sherwood and Tigard, unless either or both parties lawfully transfer their ownership interest, or a portion thereof, to the Willamette River Water Coalition ( "WRWC ") or to another WRWC member. Upon such transfer, the project shall be jointly owned by the surviving and /or transferring parties. No other party shall have any interest therein unless mutually agreed upon by the parties to this agreement. 2 2.3.1 To the extent necessary, as deemed by either party, Sherwood shall execute documents to vest joint ownership of the completed Project in Sherwood and Tigard. 2.3.2 During the property acquisition, surveying, geotechnical /environmental studies, permitting, design, and construction including inspection/project management, ownership, maintenance, and operation of the Project, Sherwood shall have the following powers: 2.3.2.1 To purchase, own, hold and appropriate land, facilities, and right - ofway, either in its own name, or in the name of the individual parties hereto; 2.3.2.2 To purchase, construct, or acquire water works, water pipelines /valves, water rights or any interest therein or in any of them; 2.3.2.3 To provide the property acquisition, surveying, geotechnical /environmental studies, permitting, design, and construction including inspection /project management, ownership, maintenance, and operation and control of matters referred to herein; 2.3.2.4. To obtain and continue in force a policy of property insurance insuring the facilities of the Project against loss or damage for all causes and hazards covered by a standard policy of property insurance with extended coverage endorsements written for the full replacement value of the facilities. Sherwood shall also obtain a policy of public liability and property damage insurance with a single limit of not less than $5,000.000. The costs of this insurance shall be a cost of ownership shared by the parties in proportion to their ownership interest as reflected in paragraph 3.1. 2.3.2.4 To adopt with the consent of Tigard such bylaws, rules, regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 2.3.2.5 To retain such agents, officers and employees as it deems necessary and to contract for the purchase of property and services; and 2.3.2.6 The parties acknowledge that the construction of the project has been commenced and completion is anticipated by January 2012. 2.4 Cost of Project. The direct cost, including financing costs for money advanced by Sherwood at the applicable LGIP Interest Earnings Rate of all Project costs including property acquisition, surveying, geotechnical /environmental studies, permitting, design, and construction including inspection/project management, ownership, insurance, maintenance, and operation of the Project, shall be shared by the parties in proportion to their ownership interest as reflected in paragraph 3.1. 3 2.5 Method of Payment of Cost of Project. Sherwood has advanced costs to date of the Project out of its own funds as reflected in Exhibit C attached hereto and incorporated herein by reference. Sherwood will continue to advance Project costs subject to proportionate reimbursement by Tigard as set forth in this agreement. Contemporaneous with execution of this agreement Tigard will remit to Sherwood the sum of $1 million as partial payment of its proportionate share of the Project. Thereafter before June 30, 2011, Tigard will remit another $1.5 million to Sherwood as the next payment on the cost of the project. The remaining balance of the proportionate Tigard cost of the Project will be paid to Sherwood prior to June 30, 2015. As a part of Tigard compensation, Tigard will reimburse and be responsible for the financing cost of all Sherwood Project advances based upon applicable LGPI Earnings Rates. Sherwood shall be responsible for payment of the ongoing costs of the project subject to the reimbursement payments by Tigard as set forth above. 3. OWNERSHIP, MAINTENANCE, AND OPERATION OF THE PROJECT 3.1 Ownership. The Project is intended to have an actual final peak design capacity of 40 million gallons per day (mgd). Sherwood shall be entitled to a 50% capacity share thereof, and Tigard the remaining 50% share. Sherwood shall have an undivided 50% ownership share of the Project and Tigard shall have the remaining undivided 50% ownership share of the Project, both as tenants in common. Ownership means the right of each party to use for its own benefit its portion of transmission line capacity. In the event that actual final design capacity exceeds 40 mgd, the supplemental capacity shall be owned by the parties in proportion to the above - referenced capacity shares. The respective capacity use of the parties will be metered by appropriate metering facilities. The physical location of meters, their operational characteristics, and an operational metering protocol shall be subsequently agreed to by the parties. 3.2 Easements. Sherwood agrees to execute and deliver to Tigard a non - exclusive, permanent easement to use the Project for the purposes intended by this Agreement. 3.3 Operation and Maintenance Responsibilities. Prior to Tigard use of the facility as hereinafter described, Sherwood shall have the responsibility for post construction operation and maintenance of the Project. Tigard shall have no responsibility for post construction costs of operation and maintenance of the Project until it or a future authorized assignee actually uses the facility for transport of water. Thereafter the actual, direct, out-of-pocket expenses of post construction operation and maintenance of the Project (together with any allowance as the parties may agree upon for general or administrative expenses) shall be billed to the parties monthly in proportion to their ownership interests reflected in paragraph 3.1. Sherwood shall exercise due diligence in effecting its operation and maintenance responsibilities under this Agreement. After Tigard or a successor party has assumed operation and maintenance fiscal responsibility as summarized above, any non - emergency maintenance project or event in excess of $50,000.00 in total, individual costs will require the coordination and consent of Tigard or its successor. Sherwood shall insure that all flow meters are maintained properly and calibrated at least annually. Sherwood shall be responsible for the reading of meters subject to the terms of the metering protocol referenced in Section 3.1 of this Agreement. Sherwood shall be responsible for the control and supervision of all activities of the Project and shall prepare and submit to Tigard financial activity reports of the Project not less than annually, and prepare such other reports and information as the parties may require and mutually agree upon. 4 3.4 Transmission of Water to Third Parties. Unless both parties otherwise previously agree in writing, neither party shall permit use of the Project for the purpose of transmitting water to any person other than Sherwood or Tigard customers, save and except pursuant to a transfer by a party of its ownership interest or a portion thereof in the Project to the WRWC or a WRWC member pursuant to Section 2.3 above. Subject to Section 3.8 and 3.9 below or as otherwise agreed to by the parties in writing, transmission of water by a party shall not exceed that party's ownership share in the Willamette River Water Treatment Plant. Any revenues derived from transmission of water through the Project on behalf of entities other than Sherwood or Tigard customers or authorized assignees shall be paid to the parties in proportion to their ownership interest in capacity used by a third party in the Project as reflected in paragraph 3.1. 3.5 Budget. Annually, and 150 days prior to the commencement of each party's fiscal year, Sherwood shall prepare and distribute to each party a forecast of anticipated costs for the Project for that ensuing fiscal year. 3.6 Non Emergency Major Repair or Replacement. Sherwood shall monitor the overall condition of the transmission line and facilities and shall schedule any non - emergency major repair or replacement three years in advance of such major repair or replacement. At the same time, Sherwood shall prepare an estimated projected annual expenditure for the cost of the scheduled repair or replacement. Upon preparation of the schedule and annual costs Sherwood shall provide Tigard a copy of same. Notwithstanding the provisions of Section 3.3 of this agreement, the parties shall be responsible for all costs associated with these major repair or replacement costs in proportion to the ownership shares set forth in Section 3.1 above. 3.7 Approvals. Unless otherwise directed by the respective City Councils, all approvals of either Sherwood or Tigard in this Agreement shall be made by the City Manager or the City Manager's authorized designee. 3.8 Leasing of Supply Capacity. Each party shall have the right to lease from the other party such unused capacity of its capacity share of the Project as the party with the unused capacity may determine to be reasonably available and prudent to be leased to the other party. The compensation to the leasing party shall be fairly and equitably agreed upon by the parties. 3.9 Overuse of Supply Facility. Sherwood and Tigard shall each use the Project facilities in a manner consistent with prudent water utility practices and to minimize insofar as is practicable interference with each other's use of its respective share of capacity to meet its demand. Unless caused by system operation conditions not caused by the overusing party, any overuse of 10% or greater by either Sherwood or Tigard for two consecutive years or for three out of five consecutive years, shall result in the overusing party compensating the other party at a lease rate that will be fairly and equitably agreed upon by the parties. 3.10 Option to Purchase a Capacity Interest in a Sherwood 24 Inch Diameter Transmission Line from Sherwood to Tualatin. Sherwood owns a 24 inch diameter transmission line which is approximately 22,000 if in length. The transmission line was constructed in 1998 and extends from the intersection of SW Oregon Street and SW Murdock Street in Sherwood and continues to its terminus in Tualatin Community Park in Tualatin. The transmission line is more particularly described in Exhibit D attached hereto and incorporated herein by reference. This transmission line now serves as a means of water supply for Sherwood from the Washington County Supply Line. Once Sherwood receives water permanently from the Willamette River Water Treatment Plant in Wilsonville, its use of this facility will be for emergency back up use only. 5 Tigard shall have an option to purchase the capacity of this transmission line after it is no longer needed by Sherwood as a principal subject to continued use of the transmission for emergency back up to Sherwood. This option maybe exercised within 10 years of the date of this Agreement. Consideration for the option is payment by Tigard to Sherwood of the sum of $250,000 which will be additional consideration for this contract and will be paid contemporaneous with this with contract's execution by the parties. If the option is exercised within the 10 year option term, the full option payment shall be applied to the purchase price of the facility. If the option is not excercized within the 10 year option term, all option money will be forfeited to Sherwood and the option shall cease in force and effect. In the event the option is exercised within the option period, the purchase price shall be the depreciated replacement value of the facility at the time of exercise of the option. Other terms of purchase shall be negotiated by the parties at the time of exercise of the option by Tigard. This option is personal to Tigard and may not be assigned to another party without the consent of Sherwood. 4. AMENDMENT This Agreement may be amended if both parties concur in the proposed amendment by an agreement, signed by authorized representatives of each party. 5. GENERAL PROVISIONS 5.1 Instruments of Further Assurance. From time to time, at the request of either party, each party shall, without further consideration, execute and deliver such further instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. 5.2 Merger Clause. This Agreement embodies the entire agreement and understanding between the parties hereto with respect to the Project and supersedes all previous agreements and understandings relating to the Boeckman Road Project. 5.3 Assignment. Neither party shall have the right to assign its interest in this Agreement (or any portion thereof), without the prior written consent of the other party unless it is to the WRWC or a WRWC member. 5.4 Severability. In case anyone or more of the provisions contained in this Agreement shall be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 5.5 Counterparts. This Agreement may be executed in any number of counterparts and by the parties or separate counterparts, anyone of which shall constitute an agreement between and among the parties. 5.6 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the parties as follows: 6 If to Sherwood: Jim Patterson, City Manager, or successor City of Sherwood 22560 SW Pine Sherwood, OR 97140 -7851 If to Tigard: Craig Prosser, City Manager, or successor City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 5.7 Mutual Indemnification. Sherwood shall indemnify Tigard as may be allowed under law, for any and all claims by third parties against Sherwood arising out of the negligence or intentional acts of Sherwood, its officials, employees, agents, contractors or assigns. Tigard shall indemnify Sherwood as may be allowed under law, for any and all claims by third parties arising out of the negligence or intentional acts of Tigard, its officials, employees, agents, contractors or assigns. IN WITNESS WHEREOF, the parties have, pursuant to official action of their respective governing bodies, duly authorizing the same, caused their respective officers to execute this instrument on their behalf. CITY OF SHERWOOD CITY OF TIGARD An Oregon municipal corporation An Oregon municipal corporation By: by: APPROVED AS TO FORM: APPROVED AS TO FORM: Attest: Attest: City Attorney City Attorney Attachments: Exhibit A - Map indicating Location of Segments 6, 7, and 8 Exhibit B- Summary of Sherwood Costs Advanced Exhibit C- Estimated Cost of Project Exhibit D- Map indicating Location of Transmission Line from Sherwood to Tualatin 7 G:10 911 0 7414 0 11CAD GISWLH EXHIBITS109- 1074 - 401 -0R - EXIHIBT -A MLH-mxd Monday, A 26, 2010 1:06 :07 PM OKH 6 e/` r ... 'r I_ da 3�1 i ^1 -'1 � \ 111 EXHI A- 2010 -- , ,Al o h o , .' 1 a Q r i � ` od , Shea -w �1 i " 1� C)rcion ,! r� �ti r G ,` l \ VICINITY MAP AND WATER TRANSMISSION r _ .� .. 1`-F PIPELINE ALIGNMENT PLAN ill yy 33 WILLAMETTE WATER SUPPLY IMPROVEMENT PROJECT :1 ) s E y. ; .IZ' r 1 - ' � ` ' J CITY OF SHERWOOD � I . _ &W'& U}is TEL � * n -„ 6 ' _ . ... - �r - 1 - ` (i ♦� f 1 { l4 R,'.1.2. .T;� 1 LLl , i 1 U - .0 9D �_, „$p ..� .� 1 - ,1 ►J11 Fm�3PEum ` APRIL2010 • E { � I � 4 . t. rLTIl 7�t'r� • • 14).-t i a * .: ' x r "i s ie 09- 1074 401 � ai � t ' \ � i � -» q �• rr= 1 � p i 's _ } / A _ t 1 l i `. - -' " �_ i - '�' e�sa ..: — �� !mi t 45 ai 1 � _ i ' ' .,_ + _ .,� of ,, , •ri i , , A _ .. - - ' )1 3 1 � \ W — " A , O n g o p y ,s . '`� s- L- / ock r fi l 1 , :k...,,, -s—u. — I . t -- . Ft ir — FM — -- .; - 2- • - g \ Ll -fri �" .= 'caz \'• \ 5 1 ,.), 4.7.40,001fe _.—.- i l _ PLEASANT PLEASA MLLES 7C � y - , 1 f _ .....,.......... _____..„. , 1 1 f. --' ' ' 1 1 L LT r - I J 1 ,. � EXISTING PIPELINE .I fl K _ __— � , ! _ `- - - G MEN PROPOSED PIPELINE ALIGNMENT —_ „.. -' - -- w' 4 -- "'s -----• — - - -- - `{ --' - - URBAN GROWTH BOUNDARY �. l \\ ~I ______ - ; N - I I I J COUNThNE 111 . -- , . � . , ' � ; _ +_ MAPPED WEILANDS _ _ - ' :; 0 1,600 - . �1 .71? > -. \ EXISTING RESERVOIR L {CAPACITY INDICATED IN MILLION GALLONS ' ' ,It. .. LL © o i} ,' - --^' '� - - _ >a'W'W WEi RD I - - � I A OVERFLOW ELEVATION IN FEET) ,'� I 1 , . I SCALE (FEET) 4 !, /� SOURCE: L[ METRO FEBRUARY 2010 RLIS TE. j — o' - ` -a - 1 . 1 - .. I( ---- -, : j i 4 _ i � - 1 =�;�; -;f` — EXHIBIT B CITY OF SHERWOOD WATER SUPPLY IMPROVEMENTS PROJECT SEGMENT 6, 7 AND 8 ESTIMATED COST* Construction $7,387,785 Easement/Property Acquisition $183,000.00 Preliminary Engineering $160,448 Design and Construction Administration $1,067,011 Legal $38,918 TOTAL $8,837,162 , * Notes: 1.Estimated cost based on bid tabulations, current contracts for professional services and legal services to date\ 2. Includes Contract Amendments to date 3. Does not include costs for extra rock excavation to date 09- 1074.401 Murray, Smith & City of Sherwood September 2009 Associates, Inc. Water Supply Improvements Project I:1PW■Cnuncil Pael: ets120I0 \06I5101Shcnvood\Shrnvocd Exhibit B 4 -27 -10 (00092176),DOC EXHIBIT C CITY OF SHERWOOD WATER SUPPLY IMPROVEMENTS PROJECT COSTS TO DATE APRIL 2010 SEGMENT 6, 7 AND 8 E STIMATED COST* Construction $1,805,710 Easement/Property Acquisition $183,000.00 Preliminary Engineering $160,448 Design and Construction Administration $616,731 Legal $38,918 TOTAL $2,804,807 * Notes: 1.Estimated cost based on bid tabulations, current contracts for professional services and legal services to date\ 2. Includes Contract Amendments to date 3. Does not include costs for extra rock excavation to date 09- 1074,401 Murray, Smith & City of Sherwood September 2009 Associates, Inc. Water Supply Improvements Project 1d?W\Council Puke1s12 0 1 01061 S105Sienuoad*Sherwood Exhibit C 4-27-10 (00092177).DOC r rl i R A r J _ _, , ,,,. \,,,--/i‘ q ,. i 4_,„ 7 -.4 '.,1 _ _ __ _ . ___,, i .4 r �� \ _y____;___ _ , IL l -1 r I I - L.--- ------- .- "14_ _ ,,--- ; 611Iri L -- -.....; ! . - - - - i "I-17- 11-71..C. ___ . °". - 1101. , % ,...-1 -4118111r a•--- ' _--- - 1 1 1 ii i -- - • 4 1 i I _,�' i�- i } - ; f R-, > il� mfr s 1 � 1 I I E LIMBO - '4 _ ..Il. a s f c \ 1.1==.7 fl ■ i' I C I — �J I , -T t,!< / -;:` -. l' - cult' OF SHERWOOD 111 � — � » � ) / ---- I ' I' ` ' � A { j �� , -* " rr 1 i TR AN SMI55ION MAIN �. a 9 I9 f . r 'n • I , � .../, t" d 1 `%' - e r I � - yam Aka' s th-ri �q� "C L:- i � 7 L - :E l � iiai�i :maim. . � - io .3p., 1 L_ [i - I ' � - — � - l I, + ' �yr.'s:�. . � ` � , , i - t i r ' 7 1 i N r ■t._I r i fP r :• - es, W . � ..�1_ 1 i L� V r i N 1 ' - -,� - - _ � 4 Raimi - � •tt .-'I'''--'-"r-:;7-'', t�.y _l iJ , 4 l 4' ` j _____,I s I r ° f f ` j � � �t � � ' 1_ {` LEGEND p 1 ` � ` � y''� 1 . ,r s �� 1 i�•I • . it / i iri 1 � ' SHER'JY'OOC TRANSMISSION MAIN - - _ — URBAN GROWTH BOUNDARY J � v II 9 I t : t' �! ,_. - -'r l � .' ,r3.rt`, , r . crrr �UMr65 x x 1 - , : �:• ' COUNTY LINE [ x r } �� } _iris' si r �,� � � r1 i °� , {{ o i 0 I /� I ! J t fIT a "4 1 q ra. ' { FT - l MAPPEDWETLANDS �'f t- L a .N... ON ST — n °+ /( 1 d 4y El r � ..s • r i ` V- F .' •' \ r T1f ____ 1 . I I +�; d '_` 't�l = a 1 _ D fFTTTN'J I f r w .: I ,L., -.-~ • - � B .t.-0.0,-:-V ' up ' J t I I • f, , jar} A _._L EXHIBIT D » zo10 = `_ ` � fi q .\ p vcei � ,� Sli 5, fir ,N, ,in _ � , 1 ,. �. ' j am „ �1` ()rc�on :.r ".. , `Uy l� _, I 0 . ° f �� I ( Rmn:�rt r EXISTING 24 -INCH DIAMETER ` • ... ' L,� »_ \ � 5 !_1 i 1_ P' g r k TRANSMISSION MAIN AM. N H - 3 - \ l I . '-f I J WILLAME7:fisA::: SUPPLY IMPROVEMENT PROTECT - ; l ` \Q ', r- — p 2, 00° -- R CITY OF SO a 12eu� - \ ` 3 r ,r g � { . , ,� a - + `. - r � i r �� ��� - � � 4'ry' E, • . . rl , ' r t I ^'-� S G1 i °- --T I r' V 1 1 �r n 1 d ,1 ,2 4.. ' 1 l _ , - - � ,} . l 1 bit t SCALE (FEET) �' i m � t � ` ,` �\ ' f , ` APRIL 2010 P, 1 71 5 ± .,.' � ��C• -= + _ : 1 1 i , SOURCE: METRO FEBRUARY 2010 RLIS LITE. 1 «. �ma.aoi Attachment 2 DRAFT FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT CREATING THE WILLAMETTE RIVER WATER COALITION THIS FIRST RESTATED INTERGOVERNMENTAL COOPERATIVE AGREEMENT is entered into by and between the following Members: Tualatin Valley Water District, a Domestic Water Supply District formed under Chapter 264 ( "TVWD ") , the City of Sherwood, a municipal corporation ( "SHERWOOD "), , the City of Tigard, a municipal corporation ( "TIGARD ") and the City of Tualatin a municipal corporation ( "TUALATIN "). RECITALS: A. WHEREAS, the Members hereto have the authority to enter into this Agreement pursuant to their respective principal acts, charters, and ORS 190.003 et seq.; and B. WHEREAS, some Members may desire to develop and use the Willamette River prior to broader application of that water throughout the metropolitan region and that the Members hereto presently or in the near future will have water supply needs that could be met by the Willamette River and it may be the most economic, efficient, and available source; and C. WHEREAS, these Members created the Willamette River Water Coalition ( "WRWC ") under ORS Chapter 190 to study their local water demands and jointly evaluate water quality and the use of existing permitted rights and future rights and areas of usage; and being fully advised, NOW, THEREFORE, the Members hereto agree as follows: SECTION 1. WILLAMETTE RIVER WATER COALITION 1.1 WRWC. There is hereby continued the Willamette River Water Coalition ( "WRWC "). The Members of WRWC shall number four (4). The governing body of each Member shall appoint one (1) Board Representative. Each Board Reperesentative shall have one vote. Board Members of WRWC shall serve at the pleasure of their respective appointing bodies. The addition of new Members shall require the consent of a two-thirds majority of existing Members, 1.2 General Powers and Duties. WRWC shall have the following powers: 1.2.1 To adopt such bylaws, rules, regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 1.2.2 To study the best method to develop water sources on the Willamette River. FIRST RESTATED Wi? WC Inter gove17iltncilia! Agreement - Final I DRAFT Scope of work for specific tasks or projects /project governance and monetary responsibilities shall be negotiated on a case by case basis which may be by addendum to this Agreement; 1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the Members or by Section 190.003 through 190.250 of the Oregon Revised Statutes, all powers pursuant to applicable charter, ordinance, or state or federal law which are necessary to efficiently and effectively develop water sources.; 1.2.4 To receive and hold existing water rights and to develop water rights on the Willamette River, and all actions necessary to preserve and protect them, to take all action necessary to design, permit, construct and operate, maintain and replace water intakes, treatment, storage, transmission and distribution facilities, equipment, and rolling stock as agreed ( "the System"); 1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to 288.945; 1.2.6 To sell water, adopt system development charges and engage in rate making pursuant to state and federal law as authorized by the Members; 1.2.7 To purchase, own, hold, appropriate, and condemn land, facilities, rights of way either in its own name or in the name of the individual Members hereto to develop Willamette River rights. 1.2.8 To provide support to other entities involved in efforts to improve the health of the Willamette watershed. 1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or withdrawal, the duration of this Agreement shall be perpetual. 1.4 Meetings: Manner of Acting, Meetings of WRWC shall be conducted in accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section 192.610 et Seq. The majority of the Board Representatives shall constitute a quorum for the transaction of business and if only a quorum is present, a majority of those present shall be necessary to decide any issue except financial matters or new membership. Any decision of WRWC seeking financing or other financial obligation, or other forms of indebtedness, shall require an affirmative vote of the governing body of each Member that will financially participate in any project. A WRWC Board Representative may bind his /her entity without governing body approval if the amount in question is within his/her delegated contracting authority. 1.5 Officers. Annually, at the beginning of each fiscal year, The Board of FIRST RESTATED WR WC Intergovernmental Agreement - Final 2 DRAFT Representatives shall elect a Chair and Vice - Chair who shall be officers of WRWC who shall serve a term of one (1) year. The WRWC Board shall also appoint a Secretary who need not be a Board Representative of WRWC who shall be responsible for WRWC's records and shall keep a record of all WRWC proceedings. Officers shall serve at the pleasure of WRWC or until their successors shall be appointed and take office. 1.6 Budgeting. Accounting. Audits. WRWC shall annually prepare a work plan and an estimate for the next fiscal year and distribute it to the Members by February 1 of each year. This work plan shall be referred to as general administrative. It is anticipated that each Member shall budget its own staff and funds for costs or provision of in -kind services as necessary. Each Member's apportioned share of the general administration expenses shall be determined by the following formula: one half of the total administrative costs for the fiscal year shall be divided evenly among the WRWC membership, the second half of the total administrative costs for the fiscal year will be divided among the WRWC membership according to their percentage share of the total number of water meters served by the Members of the WRWC as of December 31 of the preceding fiscal year. WRWC shall maintain financial reports showing its expenditures and receipts by category item for each transaction through the last working day of the preceding calendar month. If necessary, WRWC shall cause an independent audit to be performed and completed by a certified public accountant in accordance with ORS 297.405 et seq., within six (6) months following the end of each fiscal year, For subsequent projects, for improvements and facilities, each Member's apportioned share of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of work to be performed, participants and ownership, and the amounts so estimated shall be budgeted and appropriated by the participants in accordance with local budget law. SECTION 2. SURFACE WATER RIGHTS & FACILITIES. 2.1 Delegation of Powers. The functions of source management, and water treatment may be performed by WRWC, pursuant to subsequent agreements authorized by the Members. Transmission and storage shall be performed by the Members using those facilities. It is the primary intent and purpose of this Agreement to allow the individual Members to develop information, participate in the study and negotiate relevant agreements regarding implementation of recommendations to design, construct, finance, own and operate facilities within their respective boundaries. WRWC may contract with any Member or other person or entity regarding performance of services. WRWC and each individual Member shall define the scope of individual Member contributions or individual efforts. 2.2 Water Right. The permitted surface water right to the Willamette River is held by WRWC (130 mgd) as WRD Permit No. 49240, (hereafter "Existing Right "). WRWC shall exclusively own and manage the resources subject to this Agreement. 2.3 Allocation of Water and Diversion Point. WRWC and its Members shall each have a duty of good faith and fair dealing with each other and commitment to reasonably allocate the FIRST RESTATED II'RWC Intergovernmental Agreement - Final 3 DRAFT Willamette River water and manage the System according to an individual Member's needs, considering that Member's: 2.3.I Capital contribution determined as land is acquired, facilities are constricted or cash is contributed; 2.3.2 Demand forecast for a rolling 20 -year time period; 2.3.3 Other factors as agreed by separate addenda or written agreements. 2.4 Administration of Water Rialrts. WRWC shall have the full authority to modify, combine or abandon rights and permits and seek new sources through new permits or contracting for stored water for municipal and industrial needs as the Members approve. SECTION 3. CAPITAL CONTRIBUTIONS. 3.1 Assets. Without limitation, the Existing Right shall be employed in the System. Future agreements or addenda will identify other assets and how they are to be accounted for under this Agreement. 3.2 Effect of Membership. Each Member's annual contribution towards General Administration shall entitle it to Member status and each Member shall own an undivided interest in the System as reflected, which shall be adjusted by capital contributions over time as set forth in addenda or by separate written agreement. If membership status is maintained, then each Member will have the right to equity participation in the construction of new or expanded facilities as they are proposed, have an option to purchase an interest in new or expanded facilities at future times, and/or to be a wholesale customer. SECTION 4. OPERATION AND MAINTENANCE. 4.1 Generally. At such time that facilities are constructed, unless otherwise agreed in writing by the Members financially participating in the facility, the System shall be operated and maintained by WRWC. WRWC may contract with Members or others to provide daily management of all or a portion of the System. Operation and maintenance will be determined at that time by the Members who are equity participants through subsequent agreement or addendum. SECTION 5. CONSTRUCTION OF FACILITIES. 5.1 Proposal to Construct. If any Member should desire to construct, expand or modify the System as now or hereafter configured, including the siting of a plant at one of the designated diversion points of 2.3 or at another location on the Willamette River, it shall notify WRWC and the other Members in writing of the proposed construction, expansion or modification needs FIRST RESTATED WRWC Intergovernmental Agreement - Final 4 DRAFT ( "Project "). WRWC shall have 90 days in which to determine whether to participate in the proposed Project. The notification shall include cost estimates and a reasonably detailed description of the proposed Project. The Members, within 90 days, shall notify the WRWC of their acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is not received within 90 days, the proposed Project shall be deemed rejected by the Members failing to respond. Once the participation in a Project is fixed, then a nonparticipating Member shall have no further opportunity to participate unless the Participating Member(s) consent and upon such terms as they determine in their sole discretion. If there is a material change in the nature or scope of the Project, the Participating Members shall notify the other nonparticipating Members specifying the changes. Within 30 days of notice, the nonparticipating Parties may give notice of intent to participate or they may decline. They may also object if the changes to the original Project impair the ability of the System to serve the other Members or significantly increase the cost of usage as described in Section 5.2. Objections shall be referred to dispute resolution. 5.2 Individual Riahts. Facilities constructed shall be in the name of WRWC but decision making shall be by the participating Members as set forth in a project agreement. If WRWC elects not to construct, expand or modify as proposed by an individual Member or Members, then by separate written agreement or addenda any Member or Members may proceed with the proposed Project if the Members of WRWC likely to be served by that diversion point or facility approve the technical aspects of the proposal to ensure the Project will not be inconsistent with future compatibility with individual Members' systems. If the proposal is found inconsistent or incompatible, the Member(s) may use its own water rights held outside this agreement. Under all circumstances, no such Project shall impair the ability of the System to serve the other Members or significantly increase the cost of usage to the other Members unless the Member(s) undertaking the project agrees to pay the increased unit costs to WRWC or the Members which have declined to participate in the expansion. If the Members likely to be served by the diversion point or facility do not approve use of the Existing Right, then the individual Member may use other water outside this agreement or use the termination provision of Section 7. The Members agree that absent termination, only WRWC may apply for water rights to the Willamette River. The Members recognize that Sherwood has acquired a five (5mgd) interest in the Wilsonville Water Treatment Facility and has a current project to construct transmission facilities to deliver 20 mgd to its service territory. This current Project requires no further process or approval under this Agreement, notwithstanding Section 5.1 and this section. 5.3 Tigard. In consideration of and upon the abandonment of Tigard's 1995 permit application to appropriate 40 cfs, the Members of WRWC hereby allocate 40 cfs of the Existing Right to Tigard. 5.4 Sherwood. Five (5) mgd (7.75 cfs) of the Existing Right has been allocated for use by Sherwood based upon its current capacity ownership in the Wilsonville Water Treatment Facility. Sherwood plans to obtain up to 20 mgd from the Willamette River through the FIRST RESTATED WRWC Intergovernmental Agreement - Final 5 DRAFT Wilsonville Water Treatment Facility based upon its demand forecast and is building transmission capacity to deliver 20 mgd. The Members agree that Sherwood's allocation of the Existing Right shall be increased to 3 lcfs to equal 20 mgd. 5.5 Reau1atory Matters. All Members served by a facility shall share proportionately in the cost if expansion or modification is necessary to meet regulatory requirements, unless subsequent agreement or addenda provides otherwise. SECTION 6. SALE OF WATER TO OTHER ENTITIES. 6.1 WRWC. The Members agree that the Willamette River water rights now existing or hereafter acquired are for regional application. The Members agree to work in good faith to accommodate other users on an ownership, wholesale, mutual aid or emergency basis. Subject to paragraph 6.2, WRWC or its Members shall have the power to sell water to other non - member entities at prices determined from time to time by WRWC. 6.2 Proceeds of Sales. The proceeds attributable to the sale of water to an a non - Member entity shall be paid to WRWC. Any distribution of these proceeds shall be as the Members agree after expenses and costs of debt service, construction, operation and maintenance are met. 6.3 Transmission Line Charges. Sales to any non - Member entity which may require transmission through lines may be subject to a transmission line charge to be established by the affected Member. Charges for use of transmission lines shall be collected by WRWC from the user and paid to the Member who owns the transmission line. 6.4 Other Charges. Other charges may be established by WRWC as necessary and agreed by the Members, SECTION 7. TERMINATION. 7.1 Notice of Election. Any Member may elect to terminate this Agreement and withdraw from WRWC by giving written notice of its desire to WRWC and other Members on or before April 1. Notwithstanding the date of notice, withdrawal shall be effective on July 1 immediately following the notice. Upon the effective date of withdrawal, unless otherwise agreed by the withdrawing Member and WRWC, that Member shall immediately cease membership in WRWC. The withdrawing Member shall continue to pay its share of, or be responsible for, any previously incurred joint debt, and shall hold harmless the remaining Members for those financial responsibilities and obligations attributable to the withdrawing Member. FIRST RESTATED WRWC Intergovernmental Agreement - Final 6 DRA.FT 7. I.1 If WRWC, after receiving the notice of termination, desires to purchase the terminating interest in the System, it shall notify the terminating Member in writing of its desire to purchase the terminating Member's interest at lesser of market value or depreciated book value. Such notice shall be given within 60 days of receipt of the notice of termination. 7.1.2 If WRWC declines, then the one or more remaining Members may give notice within 60 days after notice of WRWC's decline of that Member's intent to purchase as provided herein. Unless otherwise agreed in writing, the purchase shall be purchased equally among the buying Members and their capital accounts shall be adjusted accordingly. 7.1.3 The price to be paid, whether determined by mutual agreement or arbitration, shall be paid to the terminating Member in full within 12 months following the date of termination set forth in the notice of intent to terminate. If the other Member fails to pay the purchase price within 12 months of the date of termination and if the Members are unable to agree upon a mutually acceptable payment schedule, then the terminating Member shall have the right to sell its portion of the facility to any other non - Member entity approved by a majority of the governing boards or councils from the remaining Members. 7.1.4 In the event that the WRWC or the remaining Members fail to purchase the interest of the terminating Member within the 12- month period, or in the event the WRWC or the remaining Member(s) decline to purchase its interest, then the terminating Member's rights and duties shall be those specified in this Agreement until a sale is made to some other entity or some other mutually agreeable disposition is made and the original non - Member shall remain responsible for all terms and conditions of this Agreement. 7.I.5 Notwithstanding anything to the contrary, because TVWD contributed the Existing Right , no withdrawing Member shall be compensated for the value of the Existing Right except TVWD. If TVWD decides to withdraw from WRWC, it may: a) leave the entire Existing Right with WRWC and WRWC shall purchase the right as appraised along with the entities' other assets. However, 40 cfs shall not be valued as part of this appraisal and purchased because it is allocated to TIGARD in consideration of and upon TIGARD'S relinquishment of its 1995 permit application, and not less than 7.75 cfs (5mgd) nor more than 31 cfs (20mgd) of Sherwood's allocated ownership of capacity at the Wilsonville Water Treatment Facility) shall not be valued as part of this appraisal and purchased because it is allocated to SHERWOOD to fulfill FIRST RESTATED 1t'RWYC Intergovernmental Agreement - Final 7 DRAFT Sherwood's expectation that 20 mgd of its demand will come from the Willamette River Source; or b) leave the allocated portion of the Existing Right which will be valued and purchased by WRWC and take the unused remainder back to its sole ownership. However, 40 cfs shall not be valued as part of this appraisal and shall be included in the portion left in WRWC as it is allocated to TIGARD in consideration of and upon TIGARD's relinquishment of the 1995 permit application and 7.75 cfs (or increased amount due to Sherwood's ownership of capacity at the Wilsonville Water Treatment Facility) shall not be valued as part of this appraisal and purchased because it is allocated to SHERWOOD; or c) TVWD may leave the Existing Right to WRWC without compensation. 7.1.6 The Members agree that TIGARD shall have a firm right to 40 cfs of the Existing Right in consideration of and upon its abandonment of its 1995 permit application. 7.1.7. The Members agree that SHERWOOD shall have a firm right to 31 cfs (20mgd) of the Existing Right. Sherwood's allocation of the Existing Right shall be increased by an amount equal to the capacity owned by Sherwood of the Wilsonville Water Treatment Facility up to 31 cfs (20rrrgd) in recognition that Sherwood will meet its 20 mgd demand forecast from the Willamette River Source. 7.1.8 The Members agree to cooperate to execute all documents necessary to make water right transfers and assignments. 7.2 Breach. Upon material breach of this Agreement, WRWC or an aggrieved Member may seek all remedies available at law or in equity. 7.3 Dispute Resolution. 7.3.1 Method for resolving disputes. If a dispute arises between WRWC and a Member or between Members (collectively "Parties") regarding breach of this Agreement or interpretation of any term of this Agreement, the Parties shall first attempt to resolve the dispute by negotiation, followed by mediation, if negotiation fails to resolve the dispute. FIRST RESTATED WRWC Intergovernmental Agreement - Final 8 DRAFT Step One: (Negotiation) The Manager or other persons designated by each of the disputing Parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing and shall be presented to each Manager who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each Manager and ratified by the WRWC which shall be binding upon the Parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the Parties shall submit the matter to non- binding mediation. The Parties shall attempt to agree on a mediator. If they cannot agree, the Parties shall request a list of five (5) mediators from an entity or firm providing mediation services. The Parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each Party shall select one (1) name. The two selected shall select a third person. The dispute shall be heard by a panel of three (3) mediators and any common costs of mediation shall be borne equally by the Parties who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and approved by the WRWC. 7.4 Jurisdiction of Circuit Court. After exhaustion of the 7.3 processes, if the Parties agree, any dispute or claim shall be settled by arbitration under the jurisdiction of the Circuit Court of the State of Oregon for Washington County pursuant to ORS Chapter 36. In the absence of such an agreement, that same court shall have jurisdiction. SECTION 8. AMENDMENT. This Agreement may be amended by mutual written agreement of the Members, signed by all of the Members. Future tasks deemed necessary shall be agreed to by the Members through an addendum to this Agreement setting forth the scope of work and method of payment. SECTION 9. GENERAL PROVISIONS. 9.1 Meraer Clause. This Agreement embodies the entire agreement and understanding between the Members hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. 9.2 New Members and Assignment. WRWC may accept additional government entities as Members under terms and financial conditions that WRWC deems just and equitable on a case - by -case basis and only upon an affirmative vote of two thirds of the Members. Except for changes of organization through entity formation, merger, consolidation or annexation, no Member shall have the right to assign its interest in this Agreement (or any portion thereof) without the prior FIRST RESTATED 'PRIM' Intergovernmental Agreement - Final 9 DRAFT written consent of a majority of WRWC. 9.3 Severability. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9.4 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed _to the Members as follows: Tualatin Valley Water District Attn: General Manager 1850 SW 170` Beaverton, Oregon 97075 City of Tigard Attn: City Manager 13 125 SW Hall Blvd. Tigard, Oregon 97223 City of Sherwood Attn: City Manager 22560 SW Pine Sherwood, Oregon 97140 City of Tualatin Attn: City Manager 18880 SW Martinazzi Avenue Tualatin, Oregon 97062 The Members hereto are responsible to notify each other of changes and to keep this list current. 9.5 Meetines. Regular meetings of WRWC shall be conducted at such times as WRWC may designate but shall be no less than quarterly. The Chairman, upon his own motion, may, or at the request of two (2) Members of WRWC, shall by giving notice to Members of WRWC (including notice by e -mail) call a previously unannounced special meeting of WRWC for a time not earlier than twenty -four (24) hours after the notice is given, unless an emergency exists. In cases of an emergency, notice reasonable under the circumstances shall be given. A majority of Board Representatives of WRWC shall constitute a quorum. No action will be taken by WRWC unless a majority of WRWC Board Representatives present vote to support the action proposed, unless a greater number of votes is required. FIRST RESTATED WI? WC Intergovernmental Agreement - Filial 10 DRAFT 9,6 Advisory Boards: Technical Committees. WRWC may appoint advisory boards and technical committees. The advisory boards shall meet as needed and shall review and make recommendations to WRWC on such matters as WRWC so assigns. A technical committee shall meet not less than quarterly to develop methods of coordination and functioning between WRWC and the Members. 9.7 Attorney Fees. If a dispute should arise between the WRWC and a Member or between Members regarding any term or portion of this Agreement, the prevailing party shall be entitled to such reasonable attorneys' fees as a trial court or arbitrator may award and on any appeal therefrom. 9.8 Counterparts. This Agreement may be_ executed in any number of counterparts and by the Members on separate counterparts, any one of which shall constitute an agreement between and among the Members. 9.9 Joint and Several Obligations. For approved WRWC activities, the Members shall be jointly and severally liable to third parties for payment of debts and costs incurred. No Members of the WRWC shall be liable for damages, debts or claims caused solely by the negligent act or omission by WRWC or other Members. The individual Member causing damage by its sole negligence or wrongful act shall be individually liable. 9.10 Instruments of further Assurance. From time to time at the request of any of WRWC, each Member shall, without further consideration execute and deliver such additional instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. FIRST RESTATED II'RWC Intergovernmental Agreement - Final 11 DRAFT IN WITNESS WHEREOF, the Members have executed this Intergovernmental Cooperative Agreement by the date set forth opposite their names below. TUALATIN VALLEY WATER DISTRICT Date: , 2008 By:. By: CITY OF TIGARD Dated: , 2008 By: By: FIRST RESTATED WRWC Intergovernmental Agreement - Final 12 DRAFT Date: , 2008 CITY OF SHERWOOD By: By: Date: , 2008 CITY OF TUALATIN By: By: FIRST RESTATED WRWC Intergovernmental Agreement - Final 13 Attachment 3 ..I I Itt } ,_ -. ^- � • 4 � � . � 'tape ++ 'iF'la p s mulk illbl ia ti r "+ J J am ,___ a �3 w �� •. " , !, . -- a � ,1 �c j L' r. �t/� '�RJ. �t �L■ - ,.. �� ' .. ,-.4' .. , F .l ,11(1'' 4 , • 4PW �' h .(, "+ wL .. " y ,. 1 .! r +���� , iFF i " J L r 1 �. • .r o / ! iT�r Iii .� '" w * xr - - ��. :J, I," +' " ' i ♦MITI , .► j qtr r ise C , � d, S � 'f • � � r w T ' . ° e . 4. a. R J � ' � •� � ' L j ' 11 u y . ' . . * ,.... ` 4 r El I ti 4I I I t J 9 ! : - ® l � a icing A r� . "i 1 . ®' l C 174.1•014.7/0W---'; +Ge z �G ■ ; � �� RI l1 1� �ii ' � sl N " City '�Y r , 9J U �.� :1 '� V L t ox d I u Q 1 r r �I .T — ! � s.. : i ,I < -. 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J N a Ne r 1 ' 10,. ' ''" l ... ,i „,,, .,,, , , , .. ,, i 1 .r -. — ' ' ra . .. „,... ..,,, . 5 -,-.,,,... ik-k, ! - Agenda Item # Meeting Date June 15, 2010 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue /Agenda Title Discussion of Regulatory Im t ovement Ini: e '4 / Cinr Mgr Approval: Prepared By: John Floyd Dept Head Approval: gr - pp ISSUE BEFORE THE COUNCIL. Receive briefing on the Regulatory Improvement Initiative. STAFF RECOMMENDATION - Receive information and provide comments to facilitate the implementation of related projects. KEY FACTS AND INFORMATION SUMMARY The Regulatory Improvement Initiative is a multi -year program to systematize the improvement of the Tigard Development Code (TDC).. At present, the Initiative consists of two projects, the Code Improvement Database, and a foundational Development Code Amendment to improve the Use Categories Chapter (TDC 18.130). As part of the initiative, the Community Development Director has designated a Development Code Editor to review all future amendments. The purpose of the Code Improvement Database is to improve consistency of code implementation, and to facilitate code improvement over the long term. The database will facilitate consistency by acting as a working log and reference of past approaches to ambiguous language, omissions in the code, and responses to specific scenarios. Similarly, the database will facilitate improvement of the code by tracking trouble spots and helping to organize and prioritize future code amendment packages. The Use Categories Development Code Amendment is an amendment package designed to improve code administration by clarifying and simplifying the land use categories that are a major base component of the Tigard Development Code. This amendment is being brought forward now in order to address code ambiguities that generate substantial administrative burdens for both the City and the public. In support of the Regulatory Improvement Initiative, Associate Planner Cheryl Gaines has been designated as Code Editor, and will be reviewing all future Development Code Amendments in that capacity. The purpose of the Code Editor is not to alter the intent of code amendments, but rather to ensure that all language changes are consistent with the whole of the code, and are written in as clear and simple a manner as possible. Questions for Council to consider include the following: 1. Are there areas of the TDC that Council wishes to focus on? 2. Are there concerns about staffs approach to the initiative? l: \152PI_"i \Council lfatcrials \2Olfl \G -I -If} AIS Cudc Improvement Prugrum.docx 1 OTHER ALTERNATIVES CONSIDERED No Action. CITY COUNCIL GOALS Council Goal 1: Implement Comprehensive Plan ATTACHMENT LIST N/A FISCAL NOTES The Regulatory Improvement Initiative is part of the expected work program for the department. I \I.ILPLN \Council NIslc11.0s\ 213111 \G- la -1f1 :51ti Cndc linpmcncnt Prugmm.dne, 7