03/09/2005 - Packet n Completeness Review
for Boards, Commissions
and Committee Records
CITY OF TIGARD
Intergovernmental Water Board
Dame of Board, Commission or Comnuttee
M6 ,-c A ? . 2�
Date of Meeting
To the best of my knowledge this is the complete meeting packet. I was not the meeting
organizer nor did I attend the meeting; I am simply the employee preparing the paper
record for archiving. This record came from Greer Gaston's office in the Public Works
Building.
Kristie Peerman
Print Name
51
Signature
Date
I
Intergovernmental Water Board Meeting
Serving Tigard, King City, Durham and Unincorporated Area
AGENDA
Wednesday, March 9, 2005
5:30 p.m.
1. Call to Order,Roll Call and Introductions
Motion to call meeting to order,staff to take roll call.
2. Approval of Minutes—November 10, 2004
Motion from Board for minute approval.
3. Selection of Officers-Chair and Vice Chair(10 minutes)
4. Regional Water Supply Plan Update-Dennis Koellermeier&Lorna Stickel(30 minutes)
5. Committee for Citizen Involvement Update—Duane Roberts(10 minutes)
6. Long Term Water Supply Update—Dennis Koellermeier(1 S minutes)
7. Informational Items—Dennis Koellermeier
Items will be discussed briefly if time allows—otherwise printed info will be distributed.
8. Public Comments
Call for any comments from public.
9. Non Agenda Items
Call for non-agenda items from Board.
10. Next Meeting- Tuesday,April 12,2005, 6:30 p.m.—Joint Meeting with Tigard City Council,
Town Hall
11. Adjournment—Approximate Time 7:00 p.m.
Motion for adjournment.
A light dinner will be provided.
Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS
192.660(1)(d), (e), (/)&(h)to discuss labor relations,real property transactions,current and pending litigation
issues and to consider records that are exempt by law from public inspection. All discussions within this session are
confidential;therefore nothing from this meeting maybe disclosed by those present. Representatives of the news
media are allowed to attend this session,but must not disclose any information discussed during this session.
Intergovernmental Water Board
Meeting Minutes
March 9, 2005
Members Present: Patrick Carroll, Dick Winn, Janet Zeider (TWD), and
Bill Scheiderich
Members Absent: Tom Woodruff
Staff Present., Dennis Koellermeier, Duane Roberts and Twila Willson
Visitors: Lorna Stickel and Paul Owen
1. Call to Order, Roll Call and Introductions
The meeting was called to order at 5:32 p.m.
2. Approval of Minutes—November 10, 2004
Commissioner Dick Winn motioned to approve the minutes, Commissioner Patrick
Carroll seconded the motion, and the vote was unanimous to accept the minutes as
presented from the November 10, 2004, meeting.
3. Selection of Officers— Chair and Vice Chair
Board discussion resulted in the unanimous decision to keep the same officers.
Chair—Commissioner Bill Scheiderich
Vice-Chair— Commissioner Patrick Carroll
Agenda Items #4 and #5 were reversed:
5. Committee for Citizen Involvement Update— Duane Roberts
Duane Roberts, Long Range Planning, was representing the Committee for Citizen
Involvement (CCI). City Council has suggested that all active boards and committees
should appoint a representative to serve on that committee, which presently is
comprised of four members. The committee meets every two months and has focused
on establishing broad public involvement. The Council wants neighborhood structures
established, who would then be able to have representatives.
Commissioner Bill Scheiderich volunteered to represent the IWB at the CCI meetings.
4. Regional Water Supply Plan Update—Dennis Koellermeier& Lorna Stickel
Mr. Koellermeier introduced Lorna Stickel, Water Resources Manager with the City of
Portland and staff member to the Regional Water Consortium. Lorna gave a PowerPoint
presentation as update to the Regional Water Supply Plan (RWSP) and IGA changes.
Intergovernmental Water Board March 9,2005
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As a brief history:
• Consortium established in 1997.
• First regional water supply plan adopted in 1996.
• Columbia Water Conservation added. Emergency Management plans.
• IGA states that plan will be updated every five years.
• Update process began in 2001, financed by a two year special assessment.
• Project carried over into third year.
• Board presented with key findings in June 2004.
• Draft document presented in September 2004 and approved in December 2004.
• Contracts with several consulting firms: EES for source review, PMCL for
conservation program analysis, Gary Fiske for integration
Updated plan consists of:
1- Introduction -sets frame for update process, documents change in emphasis
for the planning role of the RWSP and Consortium
2- Water demand forecasts -details of methodology, charts for each member
with peak day, season and average demands annually, forecasts show
increases, per capita decreases
3- Conservation - programs, spreadsheet model evaluating program costs and
savings, sets of programs selected by each provider to meet their unique
needs, overall savings estimated to be 19.3 mgd for peak season by 2025
4- Source Options - revised the base case and committed near term sources
based on provider information and master plans, evaluated source options for
the update to include Bull Run, Clackamas, Columbia, Trask/Tualatin,
Willamette Rivers and ASR, wellfields and local smaller sources, updated
hydrology, water rights, costs, and ratings for sources, prepared new
transmission linkage
5- Modeling - described confluence model methodology, listed base case
supplies, conservation program savings, and the five strategies evaluation:
base case, Hagg Lake raise, Clackamas River, Bull Run Source development
emphasis, limited expansion of local projects, results displayed for ability to
meet future demands for region
6- Revised RWSP Strategies- contains revised set of policy objectives,
integrates the source water protection and transmission/storage strategies
adopted by the board, conservation strategy, non-potable water sources,
source options listed in detail as new potential sources, emergency
preparedness role, consortium planning functions to support local decision
making, role of the consortium and Metro, changing the update period to 5-10
years as needed in proposed IGA amendments.
The report also reviewed the Willamette River as an option.
Process for IGA Amendments
• board recommends approval of amendments
• copies sent to all entities
• response needed by June 2005
Consortium budget is adopted annually. Tigard's dues are $21,000 and will increase $500+.
Intergovemmental Water Board March 9,2005
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Mr. Koellermeier did not bring a copy of IGA, but will send it in the next packet to IWB
members for review and to make recommendations at the next meeting.
5. Committee for Citizen Involvement Update— Duane Roberts
(Covered above)
6. Long Term Water Supply Update— Dennis Koellermeier
Mr. Koellermeier stated that the media has been going wild with reports of drought
possibilities. Tigard does have a summer supply plan, but we are unable to get viable
weather information for more than two months in the future. Tigard continues to try to
get others to understand how the water system works in the area. Spring rains feed the
water system. The Bull Run is at its usual level now of 92% full. Expectations are that
we will be getting adequate spring rains to keep the water systems in good condition.
Bull Run System — May to mid-July they use impounded water to meet the demand,
called a draw down period. Three scenarios are plotted by Portland, which triggers
when other sources will be drawn on for use. Portland has been convinced that doing a
blend of waters earlier than usual is better. Well water is harder, but potable in quality.
Hagg Lake and Barney Reservoir— Hagg Lake is down, Barney Reservoir is on
schedule. Tigard got 4 mgd from the JWC last year.
Plans for this year— look at our historical usage. To avoid minimum purchase penalties
with Portland, Tigard will take water from them first and lease water from JWC members.
Because of current weather conditions, we are securing more than 100% of the water
we need and planning for 102-114% of what we need.
Tigard is adding Lake Oswego to the water supply source, which is different than the
recent past. They have surplus water and it will cost us about the same as JWC water.
We will receive Lake Oswego water supply for next year at 2.5 mgd.
Mr. Koellermeier said he was fairly sure all our bases were covered for summer weather
peaking issues. The last time we had a drought we made great conservation steps.
Many people are talking about the water situation now and will hopefully be cautious with
water usage early on.
If the entire region gets into a supply problem, all the entities work together to resolve
the shortage. (No outside watering, no car washing, etc., would be steps taken first.)
Educating the public brings the best results for the money.
7. Informational Items— Dennis Koellermeier
8. Public Comments - NONE
9. Non Agenda Items
Intergovernmental Water Board March 9,2005
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10. Next Meeting - Tuesday, April 12, 2005, 6:30 p.m. — Joint Meeting with
Tigard City Council, Town Hall
At the joint meeting with Council, staff will be bringing in Murray Smith and Associates
and present a mini water supply course to educate the new council members.
There will not be a regular IWB meeting during April, however the board will meet jointly with
the Tigard City Council. The board decided they would make a decision on the IGA in May.
11. Adjournment—Approximate Time 7:00 p.m.
The meeting adjourned at 6:50 p.m.
Intergovernmental Water Board March 9,2005
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Intergovernmental Water Board
Meeting Minutes
November 10, 2004
Members Present: Patrick Carroll, Dick Winn, Brian Moore, Norm Penner, and
Bill Scheiderich
Members Absent: None
Staff Present: Dennis Koellermeier and Twila Willson
Visitors: Dave Austin (Director, WCCCA)
1. Call to Order, Roll Call and Introductions
Commissioner Patrick Carroll called the meeting to order at 5:32 p.m. Bill Scheiderich
arrived late at 5:34 p.m. and then took over as chair of the meeting.
2. Approval of Minutes—September 8, 2004
Commissioner Dick Winn motioned to approve the minutes, Commissioner Norm Penner
seconded the motion and the vote carried with a majority vote to accept the minutes as
prepared for the September 8, 2004, meeting, with Brian Moore abstaining.
3. Authorization to Post IWB Minutes on Webpage
Dennis Koellermeier reported that staff currently posts minutes of City Boards and
Commissions on the City's website to notify the public of informational items. The IWB
minutes have not been posted because it was not a City Board or Commission, however
adding the minutes to the IWB webpage would be in keeping with consistent
standardizing of the practice. Currently meeting schedules and agendas are posted on
the IWB webpage. Mr. Koellermeier suggested adding the minutes as well.
The Board agreed with the suggestion. Staff will begin posting meeting minutes starting
with the current minutes, but will not add past minutes.
4. Discussion of Canterbury Tower Rental Agreement with WCCCA -Dave Austin
Mr. Koellermeier summarized the steps taken in working with WCCCA to locate an
emergency services communications tower at the Canterbury property site. Authorization
was previously given for WCCCA to proceed with the land use process, which has since
been granted. Lease agreement details are now being reviewed.
A letter from Dave Austin, Director of WCCCA, was distributed to the Board for review.
Mr. Austin explained that WCCCA is made up of eighteen government agencies in
Washington County. The agency provides 9-1-1 and non-emergency call-taking and
Intergovernmental Water Board November 10,2004
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dispatch services to the eighteen emergency service agencies. The original services
were built in 1992 and barely satisfied the needs for services at that time.
In 2000 citizens voted to fund an expansion and an upgrade of facilities, including the
addition of several new sites. Locating sites has been challenging and Mr. Austin
thanked the Board for allowing WCCCA to locate a tower on the Canterbury site.
WCCCA will now have twelve tower locations throughout Washington County to meet
emergency service communication needs. Most of the sites are located on publicly
owned property with lease agreements negotiated at $1.00 annually. If a commercial
opportunity is received (i.e., Nextel, Verizon, etc.) to share the tower, WCCCA will share
the revenue received.
Mr. Koellermeier reported that initial discussion of lease negotiations took place before
he or Mr. Austin became involved and the proposed lease was for a $1,000 - $5,000 per
year. The concept for selecting that amount was that the water district owned the
property and it was appropriate to get a return.
The Board discussed and agreed that it did not make sense to transfer money from one
government agency to another and settled on a $1.00 lease fee. At the pleasure of the
Board, a lease agreement would be drawn up.
The City of Tigard Public Works Department has not upgraded to the WCCCA 800 MHz
system, but it is a change that will have to be made. WCCCA has pledged to work with
Tigard to migrate the Public Works Department to the 800 system, which is important in
emergency service communication. Currently Public Works cannot communicate with
Police or other area agencies because they use differing systems. This upgrade will
begin to be addressed in the coming year's budget plans.
Mr. Austin reported that many police and fire administrations in the county area will get
new mobile radios as well as hand-held radios in conjunction with the Homeland
Security upgrades. He has talked with some of the larger users that are affected and will
be able to arrange for redeployment of those radios being replaced, which would be
helpful to Tigard achieving their goal to upgrade the current systems.
The issue of security at the tower/water facility location was discussed. Mr. Koellermeier
reported that Tigard took the opportunity to establish separate accesses at the location
and created a fence within a fence for separation and greater security.
5. Long Term Water Supply Update— Dennis Koellermeier
Mr. Koellermeier reported that many of the things that were happening are not at the
reportable stage. The Portland Contract will be a large issue in January meetings. The
negotiations are moving along well. There will not be a huge savings financially and
some strings are attached.
The Tigard Water Service Area is a member of the Regional Consortium who has been
involved with a Regional Water Supply Plan Update. The update will be presented,
discussed and voted on during the first quarter of 2005.
Intergovernmental Water Board November 10,2004
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The proposed Portland Contract will allow for a period of time to review the contract
before signing it. Most of the west-side providers are focusing on one year to make the
decision to sign. That time would allow time for comparisons to other sources.
ASR - Still moving towards construction of a 2.5 mg well at the 10 mg well site and
working through equipment/machinery issues for the site. It is estimated Tigard will be
able to produce groundwater from the well starting July 1s' and begin injecting water into
the well next fall. Staff is also focusing on where to place the next exploratory well.
6. Informational Items— Dennis Koellermeier
Staff has requested the annual review of Credit for Water Leak Rate to be increased
from $1.09 to $1.11. The rate is used to determine credit adjustments and is based on
the highest water rate we are charged from who we purchase the water from. The Board
briefly discussed the issue, motioned and voted unanimously to accept the increased
rate of $1.11.
Mr. Koellermeier reported that Tom Imdieke has also been researching credit policies
with other agencies. He will be reporting his findings in January.
January will also be the time for nominations for the Member-at-Large position and the
chairmanship position and Bill Scheiderich requested this be an agenda item.
Brian Moore has reached the end of his term; he will be recommending that his
alternate, Sydney Sherwood, should take over as his position on the Board.
7. Public Comments - NONE
8. Non Agenda Items - NONE
9. Next Meeting- Wednesday, January 12, 2005, 5:30 p.m. — Water Auditorium
The joint meeting with the Tigard City Council will include an introduction to the Portland
Contract (the official presentation from Portland will not be until the February meeting)
and a general update of all water sources. Mr. Koellermeier said it would not be a
critical meeting to attend, but would give board members an opportunity to meet the new
Councilors.
10. Adjournment—Approximate Time 7:00 p.m.
The meeting adjourned at 6:19 p.m.
Intergovernmental Water Board November 10,2004
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Sign-in Sheet for
Intergovernmental Water Board Meeting
March 9, 2005
Name (Please Print) Do you want to speak to the Board?
4,C) L U CC[k 6C) "IV/(U
INTER-GOVERNMENTAL AGREEMENT
OF
REGIONAL WATER PROVIDERS CONSORTIUM
1
TABLE OF CONTENTS
Section1. Definitions .........................................................................................................2
Section2. Purposes ............................................................................................................3
Section 3. Endorsement of Regional Water Supply Plan .......................................4
Section 4. Cooperation and Participants' Retained Powers ...............................................4
Section 5. Consortium Authority .......................................................................................4
Section6. Participants ........................................................................................................ 6
Section7. Dues .......................................................................................7
Section 8. Work Plan and Budgeting ............................................................9
Section9. Consortium Board .............................................................................................. 10
Section 10. Consortium Technical Committee ..................................................................... 11
Section 11. Consortium Technical Subcommittee................................................................. 12
Section-12. Dispute Resolution ............................................................................................ 13
Section 13. Duration and Dissolution ................................................................................... 13
Section 14. Legal Liability
Section 15. Oregon Law and Forum...................................................................... 14
Section 16. Public Notification...........................................................................14
REGIONAL WATER PROVIDERS CONSORTIUM
This Inter-Governmental Agreement is entered into by and among the under-
signed municipalities and districts, hereinafter called "Participants," to establish and
operate the Water Providers Consortium for the Portland Metropolitan Region.
RECITALS
WHEREAS, ORS Chapter 190 authorizes units of local government to enter into
written agreements with any other unit or units of local government for the performance of
any or all functions and activities that any of them has authority to provide; and
WHEREAS, all the Participants of this Agreement are thus authorized to enter into
an inter-governmental agreement; and
WHEREAS, many of the water providers of the Portland metropolitan area have been
meeting together since 1989 through an informal group called the Regional Providers Advisory
Group to coordinate water supply planning efforts; and
WHEREAS,twenty seven of the area's water providers agreed in May, 1993,through
the Inter-Governmental Agreement to Fund Phase Two of the Regional Water Supply Plan
jointly to fund an integrated Regional Water Supply Plan and have been meeting monthly
since then as the Phase Two Participants Committee to manage the development of that
Regional Water Supply Plan; and
WHEREAS,a draft of the resulting Regional Water Supply Plan has been
circulated for public review since September, 1995;and
WHEREAS,a final Regional Water Supply Plan has now been completed; and
WHEREAS,that Regional Water Supply Plan contains specific recommendations for
future cooperation and coordination between the water providers in this region through the
formation of a regional water providers consortium; and
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WHEREAS, as the Regional land use agency under state law and Regional charter,the
Metropolitan Service District ("METRO") has responsibilities to plan and coordinate the
provision of public facilities in the region,including responsibilities created by the Metro
Charter requiring that Metro's Regional framework plan address water sources and water
storage; and
WHEREAS, Metro has adopted Regional goals and objectives to encourage
coordinated planning and management of water resources to ensure a sufficient water
supply for the region; and
WHEREAS, Metro's participation in preparation of the Regional Water Supply Plan
and this Agreement is consistent with its regional coordination functions and its Charter
responsibilities; and
WHEREAS, Metro's adoption of the Regional Water Supply Plan and execution of this
Agreement are important parts of Metro studies preliminary to adoption of a water supply
component of its regional framework plan; and
WHEREAS, the Participants desire to enter into an inter-governmental agreement in order
to endorse the Regional Water Supply Plan and coordinate and cooperate in its implementation;
NOW, THEREFORE, the Participants agree as follows:
Section 1. Definitions
For purposes of this Agreement the following terms shall be defined as follows:
"Agreement" - This document and any authorized amendments thereto.
"Consortium" - Shall mean all Participants to this Agreement acting pursuant to and under
the terms of the Agreement.
"Consortium Board" - Shall-mean the Board ofDirectors established by Section 9 of this
Agreement,consisting of one representative from the governing board,commission or council of each
Consortium Participant.
2
"Consortium Funds" - Consortium funds shall consist of all dues, voluntary
contributions, grant monies and funding from any other source provided to the
Consortium to conduct the activities and business of the Consortium.
"Consortium Technical Subcommittee" - Shall mean the Committee established by
Section 11 of this Agreement consisting of ten of the Technical Committee members.
"Consortium Technical Committee" - Shall mean the Committee established by
Section 10 of this Agreement, consisting of one staff representative appointed by the
governing board, commission, or council of each Participant.
"Plan" - That document dated October, 1996, entitled Regional Water Supply Plan
for the Portland Metropolitan Area,referred to herein as the "Plan."
Section 2. Purposes
The general purposes of the Consortium are as follows:
A. To promote the voluntary coordination of individual and collective actions of
Participants implementing the Plan;
B. To serve as the central custodian for Plan documents,including computer
models;
C. To review and recommend revisions to the Plan,as appropriate;
D. To provide a forum for the study and discussion of water supply issues of
mutual interest to Participants and to coordinate the responses of Participants to such issues;
E. To provide a forum for review and discussion of water resource related issues
preliminary to any final actions by individual Participants,regarding issues which could be
considered to relate to application of the statewide land use goals,comprehensive plans,regional
plans,or land use regulations;
F. To establish an avenue for public participation in water supply issues in
addition to public participation activities of the individual Participants.
3
Section 3. Endorsement of Plan
A. By entering into this Agreement, the individual Participants endorse the
Plan,attached hereto as Exhibit A, and agree to cooperate among themselves in its
implementation.
B. The Participants have endorsed the Plan in order to provide guidance for
individual water supply decisions and to provide an outline for Regional water supply
cooperation. Endorsement of the Plan and coordination of its implementation by the
Consortium are part of the ongoing commitment of the Participants jointly to study and
coordinate means to meet the water supply needs for the region. The Plan does not,however,
require any mandatory action by any Participant. Each Participant jurisdiction remains
responsible for determining and adopting_ appropriate comprehensive and functional plan provisions,
including city and county public facility plans and special district capital improvement plans.The
Plan is not any part of any Participant's comprehensive land use plan or framework plan or
implementing regulations unless an individual participant takes such action.No part of the Plan or
any coordinated activity of the Consortium constitutes a final land use decision by any Participant
applying statewide or regional land use goals,comprehensive plans,functional plans,and/or land use
regulations. For any part of the Plan to be applied to a Participant's land use actions,direct action to
that effect is required by that Participant.
Section 4. Cooperation and Participants'Retained Powers
The Participants intend that the Consortium shall act through the processes laid out herein in
the spirit of cooperation.Unless specifically provided for herein,by entering into this Agreement,no
Participant has assigned or granted to any other or to the Consortium its water rights or the power to
plan,construct,and operate its water system or perform any other obligation or duty assigned to it
under law.
Section 5. Consortium Authority
In accomplishing its purposes,and utilizing the organizational structure and decision-
making processes contained herein,the Consortium is authorized to:
A. Adopt by-laws and other operating procedures consistent with the terms of.this
Agreement to govern Consortium operation and administration,including such things as meeting
arrangements,voting procedures,election of officers of Consortium component boards or
committees, notice procedures, procedures for execution of legal documents such as
contracts, budgeting, and financial operations.
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B. Adopt and implement an annual work plan and issue annual reports and such
supplementary reports as the Consortium may determine appropriate;
C. Collect regular dues from Participants to support the routine business of the
Consortium in amounts established as provided herein;
D. Accept voluntary contributions from Participants in amounts higher than the
regular dues for the purpose of conducting studies or engaging in other activities consistent with
the Consortium purposes;
E. Apply for and receive grants and accept other funds from any person or entity to
carry on Consortium activities;
F. Expend Consortium funds, however obtained, and establish accounts and
accounting processes to manage Consortium funds or utilize the accounts and processes of
Participants for such purposes under appropriate agreements;
G. Execute contracts to obtain goods and services and to enter into arrangements
whereby Participants may contract on behalf of the Consortium to obtain goods and services;
H. Execute intergovernmental agreements;
1. Establish procedures for the hiring and firing of its own staff,
J. Accept assignment of staff from individual Participants to conduct Consortium
work and to reimburse the Participants for the salary and other costs associated with the assigned
staff;
K. Establish procedures and criteria whereby other units of government may enter into this
Agreement subsequent to its initial creation by the execution of the Agreement by fifteen or more
Participants,subject to the provisions herein enabling any Participant in the Inter-Governmental
Agreement to Fund Phase Two of the Plan to join as a Participant of the Consortium at any time
after the Consortium's creation;
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L. Establish a process to coordinate Participant response to water policy issues of
mutual concern;
M. Establish procedures to solicit the views of the public on water supply and water
resource issues within the Consortium's purview;
N. Establish a process whereby water policy and water supply disputes or
disagreements among Participants may be resolved;
O. Protect Consortium rights and enforce obligations owed to the Consortium by
third parties to the extent permitted by law;
P. Take other action within the powers specifically granted the Consortium herein by
the Participants to exercise the authority granted in subsections A.through O. above and to cant'
out the purposes stated in Section 2 above.
Section 6. Participants
A. Participants in General. Any Participant in the Inter-Governmental Agreement
to Fund Phase Two of the Plan, as listed in Exhibit B to this Agreement, may, initially join
the Consortium at any time. Any Participant which,having once joined,withdraws or is expelled
from the Consortium for non-payment of dues,may only re join as provided in Section 7F.
Participants in Phase Two may join in their own name or in the name of a separate inter-
governmental entity,but not both(For example,the Cities of West Linn and Oregon City may join as
two separate Participants or as one, in the name of the South Fork Water Board.)
B. Initial Creation By Fifteen Participants. The Consortium shall be created and
this Agreement shall become effective upon its execution by fifteen or more Participants in the Inter-
Governmental Agreement to Fund Phase Two of the Plan.This Agreement may be signed in
counterparts.
C. Additional Participants. The Consortium Board may accept additional governmental
entities as Participants into the Consortium under terms and financial arrangements that the Board
determines just and appropriate.The Board may establish standards for membership in its by-laws or
may allow new members to join on a case by case basis. Provided, however, that in all cases,
no new member may join the Consortium without the affirmative vote of a majority of the Board.
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D. Withdrawal. Any Participant may withdraw from the Consortium at any time by
giving written notice to the Chair of the Consortium Board.Consortium dues already paid shall
not be refunded to the withdrawing Participant. To the extent it is able to do so, any Participant
intending to withdraw from the Consortium shall endeavor to advise the Chair of that fact prior
to February 1 and the approval of the Consortium's next fiscal year's budget.
Section 7. Dues
A. Each Participant of the Consortium shall pay annual dues no later than
September 1 of each year sufficient to fund the approved annual budget of the Consortium,as
established by the Board,provided,however,that the Board may establish a different payment
amount and/or schedule for a Participant upon request from that Participant or upon the
Board's own motion.
B. The dues of each water provider Participant shall be determined annually as
follows:
1. Total annual dues for all members shall be set to equal the annual budget
for the Consortium,not counting budget items to be funded by fewer than all the Participants as
provided in Section 8.C., and taking into account any grants or non-dues monies available to
fund the annual budget.
2. The total annual dues of Participants that are not water providers shall then
be subtracted from the total annual dues-based budget,described in subsection 7.B.1.above,
leaving a budget number to be funded by provider dues.Dues shall be set so that the dues of each
water provider reflects its proportional share of that sum based on the following formula:
(a) 25% of the total provider dues shall be allocated proportionally
based on the individual provider's proportional share of the total number of all Participants'
retail customer accounts for the prior year;
(b) 25%of the total provider dues shall be allocated proportionally
based on the individual provider's proportional share of total average daily retail water use(in
million gallons a day) in the prior year of all Participants;
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(c) 50%of the total provider dues shall be allocated proportionally based on
the individual provider's share of the projected incremental growth in average daily summer peak
season use(in million gallons a day)of all Participants. The projected incremental growth in use
shall be based on the total incremental growth of all Participants projected from the first to the
last year of the regional water demand forecast contained in the Plan or any more recent regional
forecast approved as a Plan Amendment by the Consortium Board or the Participants'
governing boards, commissions,or councils.
C. The amount of Metro's dues shall be established each year in the Annual
Work Plan and budget. Metro's dues may include in-kind contributions.
D. The dues obligation of any additional Participant that is not a water provider
shall be established by the Consortium Board at the time it approves an entity's membership.
E. A Participant that fails to pay its assigned dues by September 1 or a time
otherwise established by the Board pursuant to Section 7.A. shall be automatically removed
as a Consortium Participant.
F. Upon a majority vote of the Board,a defaulting Participant(or a Participant that
has previously withdrawn from membership)may be reinstated in the Consortium upon its
agreement to pay its dues for the year during which it wishes to rejoin(calculated as if the entity
had been a Participant at the time the budget was approved).Upon receipt of such dues by a
rejoining member,the Board shall re-calculate the dues owed by other entities and provide a
credit on the next year's dues to Participants who paid more than their total dues as recalculated.
G. If a new entityjoins the Consortium as a Participant during an annual dues
cycle,its dues and those of the existing Participants shall be calculated as follows:
1. If a new Participant is a water provider,its dues requirement will be
calculated pursuant to Section 7.13, above.
2. If a new member is not a water provider, its dues will be determined
as provided in Section 7.D. above.
3. The initial year dues for a new Participant joining part way through a
budget cycle will be pro-rated to reflect partial year membership.
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4. Upon addition of a new Participant part way through a budget cycle,the
current year dues for existing Participants will be re-calculated and re-assigned as follows:
(a) The new Participant's initial year dues will be deducted from the
total current dues-based budget.
(b) The remaining budget amount will be allocated to existing
members in accordance with the percentage of the budget each Participant was assigned in the
current annual budget.
(c) Existing members shall receive a credit on their next year's
dues payment for any amounts they paid as dues that are greater than their revised dues
obligation as determined herein.
5. New Participants joining at any time after September 1 shall pay their
initial year dues by the following September or at a time otherwise established by the Board
upon admission of the new Participant.
Section 8. Work Plan and Budgeting
A. By February 1 of each year,the Board shall adopt an annual work plan of
Consortium activities for the upcoming fiscal year beginning on July 1.
B. At the same time,the Board shall adopt a budget sufficient to conduct the
Consortium's Annual Work Plan. The budget shall also include'a calculation of the dues . owed by
each Participant to fund the budget as provided in Section 7,taking into account any grants or non-
dues funds available to the Consortium, and a table apportioning the
dues to each Participant.
C. The budget may include special studies that will be funded by fewer than all of the
Participants on a voluntary basis.
D. The Board may amend the budget and the work plan at any time during the year as
it deems appropriate except that dues may only be increased annually as provided for in Section 7.
Additional expenditures may be permitted so long as there are identified sources of revenue, other
than increased dues, for such expenditure(s).
9
E. Participants are expected to provide to Consortium staff the data necessary to
calculate the annual dues for budgeting and planning.
Section 9. Consortium Board
A. The Consortium Board shall be made up of one representative from the
governing board, commission, or council of each Participant. Each Participant shall also name
an alternate Board representative from its governing board, commission, or council to serve in
case the primary representative cannot. Provided,however,that if the Board Chair does not
attend a meeting, the Vice-Chair shall assume the Chair's duties rather than the Chair's
alternate.
B. Multnomah, Clackamas, and Washington Counties may each also name a
representative (and alternate) to serve on the Board as non-voting ex officio members of the
Board.
C. The Board is authorized to: (1)approve the Consortium's annual work plan and
budget;(2)set Consortium policy;(3)approve new Consortium Participants;(4)recommend
water supply,water planning,and regional cooperation actions to Participant governing boards,
commissions,or councils,especially,but not limited to,actions to implement the Plan;(5)approve
minor amendments to the Plan;(6)recommend to the governing boards,commissions,or councils
of the Consortium Participants major amendments to the Plan;(7)periodically review the Plan
comprehensively,on a schedule providing for review at least every five years,commencing with
the date upon which the Consortium is formed,or on a shorter schedule determined by the Board;
(8)recommend to the governing boards,commissions,or councils of the Consortium Participants
amendments to this Agreement;(9)adopt by-laws;(10)exercise any other powers and authority
granted to the Consortium by this Agreement necessary to accomplish the Consortium's
purposes.
D. The Board shall have the authority to designate which Plan Amendments are
major and which are minor for purposes of determining the process for amendment
consideration. Generally,major amendment to the Plan should include revisions to the Plan's
policy objectives,resource strategies,or implementation actions which significantly alter Plan
direction or would significantly change the implementation strategies.Minor amendments are
all other changes to the Plan.
10
E. Upon its first meeting,the Board shall elect a temporary Chair and Vice-Chair
and shall proceed within three months thereafter to adopt such by-laws as it deems advisable,
consistent with this Agreement. Consistent with the terms of this Agreement,the by-laws shall,
at least, (1) establish the offices of Chair and Vice-Chair and determine their terms, their
general duties, and the method for their election; (2) establish how the Participants' governing
boards, commissions, or councils shall notify the Consortium of their appointment of Board
members and alternates; (3) establish a method to allow additional entities to join the
Consortium; (4) establish a method to determine timing of meetings,provided that the Board
must meet at least once a year; (5)establish a process for resolution of disputes among
Participants; and(6) establish a method whereby the Board can create subcommittees of itself
and other advisory committees or bodies to assist the Board in conducting its business, including
a standing "Executive Committee."In creating a Board Executive Committee,the Board shall
endeavor to achieve geographic representation and representation from municipalities, districts,
and other types of entities that form the Participants' group.
F. Each year in the annual work plan or its amendments, the Board may assign
such duties or delegate such Board authority as the Board deems advisable to any Board
committee or to the Technical Committee,except that the Board may not delegate the authority
(1)to execute inter-governmental agreements, (2)to designate Plan amendments as minor or
major, (3)to recommend major Plan Amendments or amendments to this Agreement,(4)to
approve the annual work plan and the budget,(5)to approve minor Plan amendments,(6)to
approve the admission of Participants to the Consortium, or(7) to dissolve the Consortium.
G. To be effective,Board actions must be approved by a vote of a majority of the
Board at a meeting at which a quorum of two-thirds of the Board is present.
Section 10. Consortium Technical Committee
A. The Consortium Technical Committee shall be made up of one staff representative
appointed by the governing board,commission,or council of eachParticipant: Each governing
board,commission,or council shall also name a Technical Committee representative alternate to
serve when the primary representative cannot. Provided,however,that if the Technical Committee
Chair does not attend a meeting,the Vice-Chair shall assume the Chairs duties rather than the
Chair's alternate.
11
B. The Technical Committee shall advise and provide assistance to the Board on any
matters falling within the Consortium's purview under this Agreement, shall direct the work of the
Technical Subcommittee,and may act upon Board delegation of authority as provided in Section
9.F.
C. The Technical Committee shall, upon its first meeting, elect a temporary
Chair and Vice-Chair and shall proceed within three months thereafter to adopt such by-
laws for its operation as it deems advisable, consistent with this Agreement. The by-laws
shall, at least, (a) establish the offices of Chair and Vice-Chair and determine their terms,
their general duties, and the method for their election; (b) establish how the Participants'
governing boards, commissions, or councils shall notify the Consortium of their
appointment of Technical Committee members and alternates; (c) establish a method to
determine timing of meetings,provided that the Technical Committee must meet at least three
times a year; and(d) establish a method whereby the Technical Committee can create
subcommittees of itself and other advisory committees or bodies to assist the Technical
Committee in conducting its business.
D. The Technical Committee shall, at its discretion,assign duties and tasks to and
direct the work of the Technical Subcommittee.
E. To be effective,Technical Committee actions must be approved by a vote of a
majority of the Committee at a meeting at which a quorum of two-thirds of the Committee is
present.
Section 11. Consortium Technical Subcommittee
A. The Consortium Technical Subcommittee shall be made up of ten of the
Technical Committee members (or, as required, their alternates) as follows:
1. Three of the Technical Subcommittee representatives must come from
Participants in Clackamas County,three from Washington County,and three from Multnomah
County,and one from Metro.Further,in each County,if possible,given the Consortium
membership,there must be at least one representative from a city and one from a special district.
2. The Technical Subcommittee representatives for each county shall be
selected by the vote of the Technical Committee representatives for each county,provided,however,
that in any case the Chair of the Technical Committee shall,without requiring election,be
automatically named to the Technical Subcommittee as one of the County representatives or as
the Metro representative,as appropriate,and shall be Chair of the Technical Subcommittee,as well.
If the relevant Technical Committee members are unable to select the required three Technical
Subcommittee members from a county,then the Board representatives for the relevant county or
counties shall select Technical Subcommittee members.
12
B. The Technical Subcommittee shall operate under the supervision of and advise
the Technical Committee on any matters within the Consortium's purview. It is anticipated
that the Technical Subcommittee shall,under the direction of the Technical Committee, or as
provided for in any agreement or contract to provide staffing, supervise Consortium staff
(including employees of Participants assigned to the Consortium) and assume the
responsibility to draft proposed work plans,budgets, annual and other reports,plan amendments,
and implementation proposals for submission to the Technical Committee for review and
submission to the Board.
C. To be effective,actions or recommendations for action by the Technical
Subcommittee must be approved by a majority vote of those members present and voting at a
meeting at which a quorum of a majority of the Technical Subcommittee is present.
Section 12. Dispute Resolution
The Participants intend to work cooperatively to accomplish the water resource strategies of
the Plan and the purposes of this Agreement.It is understood,however,that there may be
disagreements among the Participants on issues within the purview of the Consortium. The
Consortium will also,therefore,provide a forum whereby such disagreements may be aired and,if
possible,resolved.The Board shall establish a mandatory,but non-binding dispute resolution
mechanism through its by-laws.
Section 13. Duration and Dissolution
This Agreement shall remain in effect,subject to the following: (1)any Participant may
withdraw at any time as provided in this Agreement;(2)should all but one Participant withdraw,the
Agreement shall end and the Consortium shall be dissolved;(3)the Agreement may be ended and the
Consortium dissolved by a vote of the Board.
13
Section 14. Legal Liability
Participants agree to share any costs or damages,including reasonable attorney's fees, from
third party actions against the Consortium. The obligation shall apply to any entity that was a
Participant in the Consortium at the time the liability arose or the cause of action accrued.
Payment obligations shall be proportional to the dues of each entity. Participants agree to
assist and cooperate in the defense of such an action. Settlement of any action that would impose
an obligation to pay upon the Participants under this provision must be approved by a majority
of the Board.
Section 15. Oregon Law and Forum
A. This Agreement shall be construed according to the law of the State of Oregon.
B. Any litigation between the Participants under this Agreement or arising out of work
performed under this Agreement shall occur, if in the state courts, in the Multnomah County Court
having jurisdiction thereof,and if in the federal courts, in the United States District Court for the
District of Oregon.
Section 16. Public Notification
Meetings of the Consortium Board,the Consortium Technical Committee,and any
subcommittees of those bodies shall be considered open meetings as provided by law.
DATED this day of , 1996.
14
Exhibit B
PHASE 2
of the
REGIONAL WATER SUPPLY PLAN
PARTICIPANTS:
City of Beaverton
Canby Utility Board
Clackamas River Water
City of Gladstone
Damascus Water District
City of Fairview
City of Gresham
City of Hillsboro Utilities Commission
City of Forest Grove
City of Lake Oswego
Metro
City of Milwaukie
Mt. Scott Water District
Oak Lodge Water District
City of Portland
Raleigh Hills Water District
Rockwood Water
City of Sandy
City of Sherwood
South Fork Water Board: City of Oregon City/City of West Linn
City of Tigard Water Department
City of Troutdale
City of Tualatin
Tualatin Valley Water District
West Slope Water District
City of Wilsonville
City of Wood Village
AMENDMENTS TO
REGIONAL WATER PROVIDERS CONSORTIUM AGREEMENT
This document (Amending Agreement) is entered into by and among the
undersigned municipalities and districts, hereinafter called Participants, to amend
the Regional Water Providers Consortium Agreement (Agreement).
RECITALS:
WHEREAS, the Participants previously entered into a Regional Water
Providers Consortium Agreement in 1996 and 1997; and
WHEREAS, operating under the original agreement has led the
Participants to determine that certain changes should be made to create a more
effective document and one that better reflects the Participants' current and
future method of operation; and
WHEREAS, The Consortium Board adopted a new 5-Year Strategic Plan in
June of 2004 that directed an examination of the Consortium IGA and Bylaws,
and
WHEREAS, the primary current activities of the Consortium are largely
directed at activities that provide immediate benefit based on the current size of
the member entities, a revised dues structure was felt necessary;
NOW, THEREFORE, the Participants agree to amend the Agreement as
follows and that any part of the Agreement not amended shall remain as
originally written:
Section 1. Definitions
.,
"Plan" - That document dated October 1996, entitled Regional Water Supply
Plan for the Portland Metropolitan Area, and all subsequent amendments
thereto, referred to herein as the "Plan."
Section 2. Purposes
The general purposes of the Consortium are as follows:
A. 'erts
To provide a collaborative
clearinghouse function for water supply planning and development that
fosters regional coordination.
B. To serve as the central custodian for Plan documents including
computer models and other local decision support functions.
D. To provide a forum for the study and discussion of water supply issues of
mutual interest to the Participants and ^^�vvrainate collate the responses of
Participants to such issues.
E. To provide a forum for review and discussion of water resource related
issues preliminary te any final actiens by individual Participants, regaFdmng
es wh;eh ee ,,d be Eens;dered to relate that may relate to application
of the statewide land use goals, comprehensive plans, regional plans or
land use regulations.
F. To establish an avenue fOF publie partieipatien in water supply issuel;
To
allow for public participation in Consortium activities.
G. To conduct regional conservation programs
H. To facilitate emergency preparedness for water suppliers in the region
Section 3. Endorsement of Regional Water Supply Plan
B. The Participants have endeFsed the Plan in eFdeF te pFE)vffide guidance feF
Endorsement of the Regional Water Supply Plan (RWSP)
and coordination and collaboration between ef by the
Consortium members that avoids duplicative efforts and cost are part of the
ongoing commitment of the Participants jointly te study and eeerdinate means
te meet the water supply needs ef the F to jointly study and create a
Regional Water Supply Plan. The RWSP is intended to be a clearing house for
local water supply planning and provides support for individual water supply
planning and decision making.
Section 7 Dues
I. The dues of each water provider participant shall be determined annually
as follows:
1. Total annual dues for all members shall be set to equal the
annual budget for the Consortium, not counting budget
items to be funded by fewer than all the Participants as
provided in Section 8. C., and taking into account any grants
or non-dues monies available to fund the annual budget.
2. The total annual dues of Participants that are not water
providers shall then be subtracted from the total annual dues-
based budget, described in subsection 7.13.1. above, leaving a
budget amount to be funded by provider dues. Dues shall be set
so that the dues of each water provider reflects its proportional
share of that sum based on the following formula:
(a) 2-5% 50 % of the total provider shall be allocated
proportionally based on the individual provider's
proportional share of the total number of all Participants'
retail customer accounts for the prior year.
(b) 2-5% 50% of the total provider dues shall be
allocated proportionately based on the individual
providers' proportional share of the total average
daily retail water use (in millions of gallons per day)
in the prior year of all Participants.
pfflpe4ieRally based on the individual prevideFs
f F} 50% ef the tetal previder dues shall be allocated
share of the projected incremental grewth On
average daily summeF peak season use (iR n9illiens.
iRCremental grewth on use shall be based on the
(c) The change made to the Consortium's formula in FY 2004/5
shall be phased in at 50% in FY 2005/6 and at 100% in
FY 2006/7,
Section 9 Consortium Board
B Multnerflah, Clackamas, and Washington Counties Fflay each a
nen veting &v effi6e Fflerflbers of the Beard;
C. (7) periodically review the Plan comprehensively, on a schedule
providing for review at least every five to ten years as needed,
commencing with the date upon which the Consortium is was
formed, _
G. To be effective, Board actions must be approved by a vote of the
majority of the Board at a meeting at which a querung ef twe-
thirds a simple majority of the Board is present.
Section 10. Consortium Technical Committee
D. The Teehn;cal Cemrvl ishall at Ots discret4en, assign duties and
r direct
the work of the Technical
G beemmii-F.-e
taskTte--a�td--d;,- Ea,-��o,,�„��«-T e
Technical Committee under the provisions of any agreement or
contract to provide staff shall supervise Consortium staff and
assume the responsibility to draft proposed work plans, budgets,
annual and other reports, plan amendments, and implementation
proposals for submission to the Board or Executive Committee as
appropriate.
Section 11. Consortium Technical Sub-Committee
Delete in its entirety.
Section 12. Dispute Resolution
It is the intention of the Participants to limit the issues available for dispute
resolution. The issues raised must be related to interpretations of the express
terms of this Agreement. No issues related to water supply development or
programs developed by individual members may be raised. The PaFdcipaf�ts
also,the CenseFt*ufn. The CenseFtium will
/
such dl�%A%jl its may-be aire.. and, pessible, resolved. The Board sh
establi Any such dispute shall, if possible, be resolved through the use of a
mandatory, but non-binding dispute resolution mechanism established by the
Board through its by-laws.
Section 17. Agreement Amendment
Amendments to this Agreement shall be recommended by the Board and shall
be effective when authorized by the governing board, commission or council,
as the case may be, of every Participant.
(Signatory Block to be added by member agencies)
INTER-GOVERNMENTAL AGREEMENT
OF
REGIONAL WATER PROVIDERS CONSORTIUM
(AS AMENDED IN 2004-05)
i
TABLE OF CONTENTS
Section1. Definitions .........................................................................................................2
Section2. Purposes ............................................................................................................2
Section 3. Endorsement of Regional Water Supply Plan .......................................3
Section 4. Cooperation and Participants' Retained Powers ...............................................3
Section 5. Consortium Authority ....................................................................................... 4
Section6. Participants ........................................................................................................ 5
Section7. Dues .......................................................................................6
Section 8. Work Plan and Budgeting .............................................................8
Section 9. Consortium Board ............................................................................................. 8
Section 10. Consortium Technical Committee .................................................................... 9
Section 11. Dispute Resolution .............................................................................................10
Section 12. Duration and Dissolution ................................................................................... 10
Section13. Legal Liability ...................................................................................................11
Section 14. Oregon Law and Forum......................................................................11
Section 15. Public Notification........................................................................ ..11
Section 16. Agreement Amendment .................................................................................... 11
REGIONAL WATER PROVIDERS CONSORTIUM
This Inter-Governmental Agreement is entered into by and among the under-
signed municipalities and districts, hereinafter called "Participants," to establish and
operate the Water Providers Consortium for the Portland Metropolitan Region.
RECITALS
WHEREAS, ORS Chapter 190 authorizes units of local government to enter into
written agreements with any other unit or units of local government for the performance of
any or all functions and activities that any of them has authority to provide; and
WHEREAS,all the Participants of this Agreement are thus authorized to enter into
an inter-governmental agreement; and
WHEREAS,many of the water providers of the Portland metropolitan area have
been meeting together since 1989 through an informal group called the Regional Providers
Advisory Group to coordinate water supply planning efforts; and
WHEREAS,twenty seven of the area's water providers agreed in May, 1993,
through the Inter-Governmental Agreement to Fund Phase Two of the Regional Water
Supply Plan jointly to fund an integrated Regional Water Supply Plan and have been
meeting monthly since then as the Phase Two Participants Committee to manage the
development of that Regional Water Supply Plan; and
WHEREAS,a draft of the resulting Regional Water Supply Plan has been
circulated for public review since September, 1995;and
WHEREAS,a final Regional Water Supply Plan has now been completed;and
WHEREAS,that Regional Water Supply Plan contains specific recommendations for
future cooperation and coordination between the water providers in this region through the
formation of a regional water providers consortium; and
WHEREAS, as the Regional land use agency under state law and Regional charter,
the Metropolitan Service District("METRO") has responsibilities to plan and coordinate
the provision of public facilities in the region,including responsibilities created by the Metro
Charter requiring that Metro's Regional framework plan address water sources and
water storage; and
WHEREAS,Metro has adopted Regional goals and objectives to encourage
coordinated planning and management of water resources to ensure a sufficient water
supply for the region; and
WHEREAS,Metro's participation in preparation of the Regional Water Supply Plan
and this Agreement is consistent with its regional coordination functions and its Charter
I
responsibilities; and
WHEREAS, Metro's adoption of the Regional Water Supply Plan and execution of this
Agreement are important parts of Metro studies preliminary to adoption of a water supply
component of its regional framework plan; and
WHEREAS, the Participants desire to enter into an inter-governmental agreement in
order to endorse the Regional Water Supply Plan and coordinate and cooperate in its
implementation;
NOW, THEREFORE, the Participants agree as follows:
Section 1. Definitions
For purposes of this Agreement the following terms shall be defined as follows:
"Agreement" - This document and any authorized amendments thereto.
"Consortium" - Shall mean all Participants to this Agreement acting pursuant to and
under the terms of the Agreement.
"Consortium Board" - Shall-mean the Board of Directors established by Section 9 of this
Agreement,consisting of one representative from the governing board,commission or
council of each Consortium Participant.
"Consortium Funds" - Consortium funds shall consist of all dues,voluntary
contributions,grant monies and funding from any other source provided to the
Consortium to conduct the activities and business of the Consortium.
"Consortium Technical Committee" - Shall mean the Committee established by
Section 10 of this Agreement, consisting of one staff representative appointed by the
governing board, commission, or council of each Participant.
"Plan" - That document dated October 1996, entitled Regional Water Supply Plan
for the Portland Metropolitan Area, and all subsequent amendments thereto,referred
to herein as the "Plan."
Section 2. Purposes
The general purposes of the Consortium are as follows:
A. To provide a collaborative clearinghouse function for water supply planning
and development that fosters regional coordination.
B. To serve as the central custodian for Plan documents,including computer
2
models and other local decision support functions;
C. To review and recommend revisions to the Plan,as appropriate;
D. To provide a forum for the study and discussion of water supply issues of mutual
interest to Participants and to collate the responses of Participants to such issues;
E. To provide a forum for review and discussion of water resource related issues that
may relate to application of the statewide land use goals,comprehensive plans,
regional plans,or land use regulations;
F. To allow for public participation in Consortium activities;
G. To conduct regional conservation programs;
H. To facilitate emergency preparedness for water suppliers in the region.
Section 3. Endorsement of Plan
A. By entering into this Agreement, the individual Participants endorse the
Plan,attached hereto as Exhibit A,and agree to cooperate among themselves
in its implementation.
B. Endorsement of the Regional Water Supply Plan (RWSP) and coordination and
collaboration between the Consortium members that avoids duplicative efforts
and cost are part of the ongoing commitment of the Participants to jointly study
and create a Regional Water Supply Plan. The RWSP is intended to be a clearing
house for local water supply planning and provides support for individual water
supply planning and decision making. The Plan does not,however, require any
mandatory action by any Participant. Each Participant jurisdiction remains
responsible for determining and adopting appropriate comprehensive and functional
plan provisions,including city and county public facility plans and special district
capital improvement plans.The Plan is not any part of any Participant's
comprehensive land use plan or framework plan or implementing regulations unless
an individual participant takes such action.No part of the Plan or any coordinated
activity of the Consortium constitutes a final land use decision by any Participant
applying statewide or regional land use goals,comprehensive plans,functional plans,
and/or land use regulations.For any part of the Plan to be applied to a Participant's
land use actions,direct action to that effect is required by that Participant.
Section 4. Cooperation and Participants'Retained Powers
The Participants intend that the Consortium shall act through the processes laid out
herein in the spirit of cooperation.Unless specifically provided for herein,by entering
into this Agreement,no Participant has assigned or granted to any other or to the
Consortium its water rights or the power to plan,construct,and operate its water
system or perform any other obligation or duty assigned to it under law.
3
Section 5. Consortium Authority
In accomplishing its purposes,and utilizing the organizational structure and
decision-making processes contained herein,the Consortium is authorized to:
A. Adopt by-laws and other operating procedures consistent with the terms of.this
Agreement to govern Consortium operation and administration,including such things
as meeting arrangements,voting procedures,election of officers of Consortium
component boards or committees, notice procedures, procedures for execution
of legal documents such as contracts, budgeting, and financial operations.
B. Adopt and implement an annual work plan and issue annual reports and such
supplementary reports as the Consortium may determine appropriate;
C. Collect regular dues from Participants to support the routine business of the
Consortium in amounts established as provided herein;
D. Accept voluntary contributions from Participants in amounts higher than the
regular dues for the purpose of conducting studies or engaging in other activities
consistent with the Consortium purposes;
E. Apply for and receive grants and accept other funds from any person or entity to
carry on Consortium activities;
F. Expend Consortium funds, however obtained, and establish accounts and
accounting processes to manage Consortium funds or utilize the accounts and
processes of Participants for such purposes under appropriate agreements;
G. Execute contracts to obtain goods and services and to enter into arrangements
whereby Participants may contract on behalf of the Consortium to obtain goods
and services;
H. Execute intergovernmental agreements;
1. Establish procedures for the hiring and firing of its own staff,
I Accept assignment of staff from individual Participants to conduct Consortium
work and to reimburse the Participants for the salary and other costs associated
with the assigned staff;
K. Establish procedures and criteria whereby other units of government may enter into this
Agreement subsequent to its initial creation by the execution of the Agreement by fifteen or
more Participants,subject to the provisions herein enabling any Participant in the Inter-
Governmental Agreement to Fund Phase Two of the Plan to join as a Participant of
the Consortium at any time after the Consortium's creation;
4
L. Establish a process to coordinate Participant response to water policy issues of
mutual concern;
M. Establish procedures to solicit the views of the public on water supply and water
resource issues within the Consortium's purview;
N. Establish a process whereby water policy and water supply disputes or
disagreements among Participants may be resolved;
O. Protect Consortium rights and enforce obligations owed to the Consortium by
third parties to the extent permitted by law;
P. Take other action within the powers specifically granted the Consortium herein by
the Participants to exercise the authority granted in subsections A. through O.
above and to carry out the purposes stated in Section 2 above.
Section 6. Participants
A. Participants in General. Any Participant in the Inter-Governmental
Agreement to Fund Phase Two of the Plan, as listed in Exhibit B to this
Agreement, may, initially join the Consortium at any time. Any Participant
which,having once joined,withdraws or is expelled from the Consortium for non-
payment of dues,may only re join as provided in Section 7F. Participants in
Phase Two may join in their own name or in the name of a separate inter-
governmental entity,but not both.(For example,the Cities of West Linn and Oregon
City may join as two separate Participants or as one, in the name of the South
Fork Water Board.)
B. Initial Creation By Fifteen Participants. The Consortium shall be created
and this Agreement shall become effective upon its execution by fifteen or more
Participants in the Inter-Governmental Agreement to Fund Phase Two of the Plan.
This Agreement may be signed in counterparts.
C. Additional Participants.The Consortium Board may accept additional governmental
entities as Participants into the Consortium under terms and financial arrangements that
the Board determines just and appropriate.The Board may establish standards for
membership in its by-laws or may allow new members to join on a case by case
basis. Provided, however, that in all cases, no new member may join the
Consortium without the affirmative vote of a majority of the Board.
D. Withdrawal. Any Participant may withdraw from the Consortium at any time by
giving written notice to the Chair of the Consortium Board. Consortium dues
already paid shall not be refunded to the withdrawing Participant. To the extent
it is able to do so,any Participant intending to withdraw from the Consortium
shall endeavor to advise the Chair of that fact prior to February 1 and the
approval of the Consortium's next fiscal year's budget.
5
Section 7. Dues
A. Each Participant of the Consortium shall pay annual dues no later than
September 1 of each year sufficient to fund the approved annual budget of the
Consortium, as established by the Board,provided,however,that the Board may
establish a different payment amount and/or schedule for a Participant upon
request from that Participant or upon the Board's own motion.
B. The dues of each water provider Participant shall be determined annually as
follows:
1. Total annual dues for all members shall be set to equal the annual budget
for the Consortium,not counting budget items to be funded by fewer
than all the Participants as provided in Section 8.C., and taking into
account any grants or non-dues monies available to fund the annual
budget.
2. The total annual dues of Participants that are not water providers shall then
be subtracted from the total annual dues-based budget, described in
subsection 7.B.1.above,leaving a budget number to be funded by provider
dues.Dues shall be set so that the dues of each water provider reflects its
proportional share of that sum based on the following formula:
(a) 50% of the total provider dues shall be allocated
proportionally based on the individual provider's proportional
share of the total number of all Participants'retail customer
accounts for the prior year;
(b) 50%of the total provider dues shall be allocated proportionally
based on the individual provider's proportional share of total
average daily retail water use (in million gallons a day) in the
prior year of all Participants;
(c) The changes made to the Consortium's dues formula in FY
2004/05 shall be phased in at 50%in FY 2005/06 and at 100%in
FY 2006/07.
C. The amount of Metro's dues shall be established each year in the Annual
Work Plan and budget.Metro's dues may include in-kind contributions.
D. The dues obligation of any additional Participant that is not a water provider
shall be established by the Consortium Board at the time it approves an entity's
membership.
6
E. A Participant that fails to pay its assigned dues by September 1 or a time
otherwise established by the Board pursuant to Section 7.A. shall be
automatically removed as a Consortium Participant.
F. Upon a majority vote of the Board,a defaulting Participant(or a Participant that
has previously withdrawn from membership)may be reinstated in the
Consortium upon its agreement to pay its dues for the year during which it wishes
to rejoin(calculated as if the entity had been a Participant at the time the budget
was approved). Upon receipt of such dues by a rejoining member,the Board shall
re-calculate the dues owed by other entities and provide a credit on the next
year's dues to Participants who paid more than their total dues as recalculated.
G. If a new entity joins the Consortium as a Participant during an annual dues
cycle,its dues and those of the existing Participants shall be calculated as
follows:
1. If a new Participant is a water provider,its dues requirement will be
calculated pursuant to Section 7.13. above.
2. If a new member is not a water provider,its dues will be determined
as provided in Section 7.1). above.
3. The initial year dues for a new Participant joining part way through a
budget cycle will be pro-rated to reflect partial year membership.
4. Upon addition of a new Participant part way through a budget cycle,
the current year dues for existing Participants will be re-calculated and
re-assigned as follows:
(a) The new Participant's initial year dues will be deducted from
the total current dues-based budget.
(b)The remaining budget amount will be allocated to existing
members in accordance with the percentage of the budget each
Participant was assigned in the current annual budget.
(c) Existing members shall receive a credit on their next year's
dues payment for any amounts they paid as dues that are
greater than their revised dues obligation as determined
herein.
5. New Participants joining at any time after September 1 shall pay
their initial year dues by the following September or at a time
otherwise established by the Board upon admission of the new
Participant.
Section 8. Work Plan and Budgeting
A. By February 1 of each year,the Board shall adopt an annual work plan of
Consortium activities for the upcoming fiscal year beginning on July 1.
B. At the same time,the Board shall adopt a budget sufficient to conduct the
Consortium's Annual Work Plan.The budget shall also include'a calculation of the
dues . owed by each Participant to fund the budget as provided in Section 7,taking
into account any grants or non-dues funds available to the Consortium,and a table
apportioning the dues to each Participant.
C. The budget may include special studies that will be funded by fewer than all of the
Participants on a voluntary basis.
D. The Board may amend the budget and the work plan at any time during the year as
it deems appropriate except that dues may only be increased annually as provided
for in Section 7. Additional expenditures may be perniitted so long as there are
identified sources of revenue, other than increased dues, for such expenditure(s).
E. Participants are expected to provide to Consortium staff the data necessary to
calculate the annual dues for budgeting and planning.
Section 9. Consortium Board
A. The Consortium Board shall be made up of one representative from the
governing board, commission, or council of each Participant. Each Participant
shall also name an alternate Board representative from its governing board,
commission, or council to serve in case the primary representative cannot.
Provided, however,that if the Board Chair does not attend a meeting, the Vice-
Chair shall assume the Chair's duties rather than the Chair's alternate.
B. The Board is authorized to: (1)approve the Consortium's annual work plan and
budget;(2)set Consortium policy;(3)approve new Consortium Participants;(4)
recommend water supply,water planning,and regional cooperation actions to
Participant governing boards,commissions,or councils,especially,but not limited
to,actions to implement the Plan; (5)approve minor amendments to the Plan; (6)
recommend to the governing boards,commissions,or councils of the Consortium
Participants major amendments to the Plan;(7)periodically review the Plan
comprehensively,on a schedule providing for review at least every five to ten years
as needed,commencing with the date upon which the Consortium is formed: (8)
recommend to the governing boards,commissions,or councils of the Consortium
Participants amendments to this Agreement;(9)adopt by-laws;(10)exercise any
other powers and authority granted to the Consortium by this Agreement necessary
8
to accomplish the Consortium's purposes.
C. The Board shall have the authority to designate which Plan Amendments are
major and which are minor for purposes of determining the process for
amendment consideration.Generally,major amendment to the Plan should
include revisions to the Plan's policy objectives,resource strategies,or
implementation actions which significantly alter Plan direction or would
significantly change the implementation strategies.Minor amendments are all
other changes to the Plan.
D. Upon its first meeting,the Board shall elect a temporary Chair and Vice-Chair
and shall proceed within three months thereafter to adopt such by-laws as it
deems advisable,consistent with this Agreement. Consistent with the terms of
this Agreement,the by-laws shall, at least, (1) establish the offices of Chair and
Vice-Chair and determine their terms, their general duties, and the method for
their election; (2) establish how the Participants' governing boards,
commissions, or councils shall notify the Consortium of their appointment of
Board members and alternates; (3) establish a method to allow additional
entities to join the Consortium; (4)establish a method to determine timing of
meetings,provided that the Board must meet at least once a year; (5)establish a
process for resolution of disputes among Participants; and(6)establish a method
whereby the Board can create subcommittees of itself and other advisory
committees or bodies to assist the Board in conducting its business,including a
standing "Executive Committee."In creating a Board Executive Committee,the
Board shall endeavor to achieve geographic representation and representation
from municipalities, districts, and other types of entities that form the
Participants' group.
E. Each year in the annual work plan or its amendments,the Board may assign
such duties or delegate such Board authority as the Board deems advisable to
any Board committee or to the Technical Committee, except that the Board may
not delegate the authority(1)to execute inter-governmental agreements, (2)to
designate Plan amendments as minor or major,(3)to recommend major Plan
Amendments or amendments to this Agreement, (4)to approve the annual work
plan and the budget,(5)to approve minor Plan amendments,(6)to approve the
admission of Participants to the Consortium, or(7) to dissolve the Consortium.
F. To be effective,Board actions must be approved by a vote of a majority of the
Board at a meeting at which a simple majority_of the Board is present.
Section 10. Consortium Technical Committee
A. The Consortium Technical Committee shall be made up of one staff representative
appointed by the governing board,commission,or council of each Participant.
Each governing board,commission,or council shall also name a Technical
9
Committee representative alternate to serve when the primary representative
cannot. Provided,however,that if the Technical Committee Chair does not attend a
meeting,the Vice-Chair shall assume the Chair's duties rather than the Chair's
alternate.
B. The Technical Committee shall advise and provide assistance to the Board on any
matters falling within the Consortium's purview under this Agreement, and may act
upon Board delegation of authority as provided in Section 9.17.
C. The Technical Committee shall, upon its first meeting, elect a temporary
Chair and Vice-Chair and shall proceed within three months thereafter to
adopt such bylaws for its operation as it deems advisable, consistent with
this Agreement. The by-laws shall, at least, (a) establish the offices of Chair
and Vice-Chair and determine their terms, their general duties, and the
method for their election; (b) establish how the Participants' governing
boards, commissions, or councils shall notify the Consortium of their
appointment of Technical Committee members and alternates; (c) establish a
method to determine timing of meetings,provided that the Technical Committee
must meet at least three times a year;and(d)establish a method whereby the
Technical Committee can create subcommittees of itself and other advisory
committees or bodies to assist the Technical Committee in conducting its business.
D. The Technical Committee under the provisions of any agreement or contract
to provide staff shall supervise Consortium staff and assume the
responsibility to draft proposed work plans, budgets, annual and other
reports, plan amendments, and implementation proposals for submission to
the Board or Executive Committee as appropriate.
E. To be effective,Technical Committee actions must be approved by a vote of a
majority of the Committee at a meeting at which a quorum of two-thirds of the
Committee is present.
Section 11. Dispute Resolution
It is the intention of the Participants to limit the issues available for dispute resolution. The
issues raised must be related to interpretation of the express terms of this Agreement. No
issues related to water supply development or program development by individual members
may be raised.Any such dispute shall,if possible,be resolved through the use of a
mandatory,but non-binding dispute resolution mechanism established by the Board through
its by-laws.
Section 12. Duration and Dissolution
This Agreement shall remain in effect, subject to the following: (1)any Participant may
withdraw at any time as provided in this Agreement;(2)should all but one Participant
withdraw,the Agreement shall end and the Consortium shall be dissolved;(3)the Agreement
10
may be ended and the Consortium dissolved by a vote of the Board.
Section 13. Legal Liability
Participants agree to share any costs or damages, including reasonable attorney's fees, from
third party actions against the Consortium. The obligation shall apply to any entity that
was a Participant in the Consortium at the time the liability arose or the cause of action
accrued. Payment obligations shall be proportional to the dues of each entity.
Participants agree to assist and cooperate in the defense of such an action. Settlement of any
action that would impose an obligation to pay upon the Participants under this provision
must be approved by a majority of the Board.
Section 14, Oregon Law and Forum
A. This Agreement shall be construed according to the law of the State of Oregon.
B. Any litigation between the Participants under this Agreement or arising out of work
performed under this Agreement shall occur, if in the state courts, in the Multnomah
County Court having jurisdiction thereof, and if in the federal courts, in the United
States District Court for the District of Oregon.
Section 15. Public Notification
Meetings of the Consortium Board,the Consortium Technical Committee,and any
subcommittees of those bodies shall be considered open meetings as provided by law.
Section 16. Agreement Amendment
Amendments to this Agreement shall be recommended by the Board and shall be effective
when authorized by the governing board, commission or council, as the case may be, of
every Participant.
11
Exhibit B
PHASE 2
of the
REGIONAL WATER SUPPLY PLAN
PARTICIPANTS:
City of Beaverton
Canby Utility Board
Clackamas River Water
City of Gladstone
Damascus Water District
City of Fairview
City of Gresham
City of Hillsboro Utilities Commission
City of Forest Grove
City of Lake Oswego
Metro
City of Milwaukie
Mt. Scott Water District
Oak Lodge Water District
City of Portland
Raleigh Hills Water District
Rockwood Water
City of Sandy
City of Sherwood
South Fork Water Board: City of Oregon City/City of West Linn
City of Tigard Water Department
City of Troutdale
City of Tualatin
Tualatin Valley Water District
West Slope Water District
City of Wilsonville
City of Wood Village
Exhibit A
AMENDMENTS TO
REGIONAL WATER PROVIDERS CONSORTIUM AGREEMENT
This document (Amending Agreement) is entered into by and among the
undersigned municipalities and districts, hereinafter called Participants, to amend
the Regional Water Providers Consortium Agreement (Agreement).
RECITALS:
WHEREAS, the Participants previously entered into a Regional Water
Providers Consortium Agreement in 1996 and 1997; and
WHEREAS, operating under the original agreement has led the
Participants to determine that certain changes should be made to create a more
effective document and one that better reflects the Participants' current and
future method of operation; and
WHEREAS, The Consortium Board adopted a new 5-Year Strategic Plan in
June of 2004 that directed an examination of the Consortium IGA and Bylaws,
and
WHEREAS, the primary current activities of the Consortium are largely
directed at activities that provide immediate benefit based on the current size of
the member entities, a revised dues structure was felt necessary;
NOW, THEREFORE, the Participants agree to amend the Agreement as
follows and that any part of the Agreement not amended shall remain as
originally written:
Section 1. Definitions
.Y,,,,r ""�T
"Plan" - That document dated October 1996, entitled Regional Water Supply
Plan for the Portland Metropolitan Area, and all subsequent amendments
thereto, referred to herein as the "Plan."
Section 2. Purposes
The general purposes of the Consortium are as follows:
A.
To provide a collaborative
clearinghouse function for water supply planning and development that
fosters regional coordination.
B. To serve as the central custodian for Plan documents including
computer models and other local decision support functions.
D. To provide a forum for the study and discussion of water supply issues of
mutual interest to the Participants and emote collate the responses of
Participants to such issues.
E. To provide a forum for review and discussion of water resource related
issues prellminary to any final actions by individual PaFtseipants, regarding
irru which Ere ld be Eenso erred to Felate that may relate to application
of the statewide land use goals, comprehensive plans, regional plans or
land use regulations.
F.
To
allow for public participation in Consortium activities.
G. To conduct regional conservation programs
H. To facilitate emergency preparedness for water suppliers in the region
Section 3. Endorsement of Regional Water Supply Plan
B.
Endorsement of the Regional Water Supply Plan (RWSP)
and coordination and collaboration between of its iFnplengentation by the
Consortium members that avoids duplicative efforts and cost are part of the
ongoing commitment of the Participants jointly
te meet the water supply needs ef the reg4en to jointly study and create a
Regional Water Supply Plan. The RWSP is intended to be a clearing house for
local water supply planning and provides support for individual water supply
planning and decision making.
Section 7 Dues
I. The dues of each water provider participant shall be determined annually
as follows:
1. Total annual dues for all members shall be set to equal the
annual budget for the Consortium, not counting budget
items to be funded by fewer than all the Participants as
provided in Section 8. C., and taking into account any grants
or non-dues monies available to fund the annual budget.
2. The total annual dues of Participants that are not water
providers shall then be subtracted from the total annual dues-
based budget, described in subsection 7.13.1. above, leaving a
budget amount to be funded by provider dues. Dues shall be set
so that the dues of each water provider reflects its proportional
share of that sum based on the following formula:
(a) 2-5% 50 % of the total provider shall be allocated
proportionally based on the individual provider's
proportional share of the total number of all Participants'
retail customer accounts for the prior year.
(b) 2-5% 50% of the total provider dues shall be
allocated proportionately based on the individual
providers' proportional share of the total average
daily retail water use (in millions of gallons per day)
in the prior year of all Participants.
H-50% ef the tetal previder dues shall be allocated
pFepeFtienally based on the individual ffeVideFfs
average daily summeF peak seasen use (on Fflilliens
intal grewth in use shall be based en the
frem the first te the last year of the regienal wate,r
recent Fegienal fOFeEast approved as a Plan
eeunemls-.-
(c) The change made to the Consortium's formula in FY 2004/5
shall be phased in at 50% in FY 2005/6 and at 100% in
FY 2006/7.
Section 9 Consortium Board
B ,
naffle a representative (and an altemate) te serve en the Beard as
nen veting ex efficie mernbers of the Beard;
C. (7) periodically review the Plan comprehensively, on a schedule
providing for review at least every five to ten years as needed,
commencing with the date upon which the Consortium is was
formed, or on a sherteF scheduled determined by the Beard-,
G. To be effective, Board actions must be approved by a vote of the
majority of the Board at a meeting at which a querum of two
thirds a simple majority of the Board is present.
Section 10. Consortium Technical Committee
D The Ti,ehnical CeFn ffli shall at its d2seFetien, assign duties and
tasks ted-dwFeet tlewm-k of the Teehn'ealSuneem~�ee-.—The
Technical Committee under the provisions of any agreement or
contract to provide staff shall supervise Consortium staff and
assume the responsibility to draft proposed work plans, budgets,
annual and other reports, plan amendments, and implementation
proposals for submission to the Board or Executive Committee as
appropriate.
Section 11. Consortium Technical Sub-Committee
Delete in its entirety.
Section 12. Dispute Resolution
It is the intention of the Participants to limit the issues available for dispute
resolution. The issues raised must be related to interpretations of the express
terms of this Agreement. No issues related to water supply development or
programs developed by individual members may be raised. The e<pants
Plan and the puFpese of this greerflent. it is
that th
rhowever,
n9ay be disagreements affieng the Parteeipants en issues within the purview e
rtherefere,
estab+iAny such dispute shall, if possible, be resolved through the use of a
mandatory, but non-binding dispute resolution mechanism established by the
Board through its by-laws.
Section 17. Agreement Amendment
Amendments to this Agreement shall be recommended by the Board and shall
be effective when authorized by the governing board, commission or council,
as the case may be, of every Participant.
(Signatory Block to be added by member agencies)
CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: City Board and Committee Members
FROM: Duane Roberts, Associate Planner
DATE: 3/1/05
SUBJECT: Committee for Citizen Involvement
The Committee for Citizen Involvement, or CCI, is the City of Tigard's primary
public involvement and communication organization. Its purpose is to evaluate
City communication and public involvement activities and to suggest how they
could be improved or made more effective.
The CCI presently consists of four members. To broaden and diversify the CCI,
Council recently adopted a resolution that outlines a new approach to CCI
membership. A copy of the Council resolution is attached. As specified, the new
members are proposed to include one representative from each of the City's
operating boards and committees.
Currently, the CCI meets every two months. Recent agenda topics include the
Downtown Plan public involvement process, publicizing TriMet route changes,
the Goal 5 public outreach program, critiquing the City webpage, and ideas for
the proposed Enhanced Neighborhood Program.
As the resolution notes, citizen involvement and two-way communication is highly
important to the City. Council invites each active board and committee to support
the City's efforts in these areas by appointing a representative to serve on the
enlarged CCI.
CITY OF TIGARD, OREGON
RESOLUTION NO. 05- C�
A RESOLUTION EXPANDING THE MEMBERSHIP OF THE COMMITTEE FOR CITIZEN
INVOLVEMENT TO INCLUDE REPRESENTATIVES FROM THE CITY'S ACTIVE BOARDS AND
CONIMITTEES AND FROM FUTURE NEIGHBORHOOD ORGANIZATIONS
WHEREAS, citizen involvement and two-way communication with its citizens is highly important to the
City of Tigard; and
WHEREAS, State law requires the City to maintain a citizen involvement program that insures 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 land use issues;and
WHEREAS, the Committee's purview has been broadened to include both land use and the broad array of
non-land use public involvement and communication issues; and
WHEREAS,the Council in 1993 created the Citizen Involvement Teams; and
WHEREAS, the Tigard Comprehensive Plan Policy 2.1.2.c designates the Citizen Involvement Team
Facilitators as the City's Committee for Citizen Involvement; and
WHEREAS,the Citizen Involvement Teams are no long active; and
WHEREAS,the Citizen Involvement Team facilitators are designated as the City's CCI;and
WHEREAS, of the original eleven members,the Committee currently includes only active four members;
and
WHEREAS, the City desires to broaden the Committee's membership to include individuals broadly
representative of the City's geographic areas and diverse interests and perspectives,
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
I SECTION 1: The City of Tigard Committee for Citizen Involvement shall be expanded to include one
representative of each active board and committee.
SECTION 2: The City of Tigard Committee for Citizen Involvement can be expanded to include
representatives of future Neighborhood Organizations officially recognized as such by the
City of Tigard.
RESOLUTION NO. 05 -
Page 1
SECTION 3: This resolution is effective immediately upon passage.
4-h
PASSED: This day of tj v1.0 0j 2005.
Mayor- dity of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 05
Page 2
FISHING FOR ANSWERS I
BY PEC; HERRIN(
t began more than a decade ago.
Little fish with crooked backs were
found living in a stretch of the
Willamette River near the town of
Newberg,just south of Portland.The
little fish,relatives of minnows and most
4
HE WILLAMETTE
native to the river,got people worrying idle a little ways downstream on the for toxic chemicals that would explain
about what could cause such deformed Willamette River at Wilsonville. People the fish deformities.Their studies con-
skeletons in fish. Were they deformed refused to drink the water.What was in firmed that more than half of some spe-
by unseen poisons that could endanger the Newberg Pool? cies sampled in the Newberg Pool had
human health as well'?A brand new$14 The Oregon Department of Environ- kinked or crooked backbones,a much
million water treatment plant sat almost mental Quality had spent years searching higher frequency of deformities than
s
0[..
e
The Wdlamette Mwe+r was the set*otsd"W,_
detective wA by a team of Agr cAml Etpolime
Station silent SM x'
they had found in fish living farther "We had x-rays taken of the three eaten by larger predatory fish.Other fish
upstream.But the DEQ studies were not preserved fish;'Markle said,"and one of species rear their young in nests further
able to find any significant difference in them had skeletal deformities exactly like offshore,and we found that those species
chemical contamination between the New- what we're seeing now in the Newberg have a far lower rate of spinal deformi-
berg Pool and sites they'd sampled farther Pool" ties."
upstream.The water quality was the same, Next.Markle's team headed to the field Markle's team also found that among
but the fish were definitely different.What to determine the distribution of deformed the broadcast spawners,such as northern
was going on in the Newberg Pool? fish in the Willamette River.Sampling pikeminnow and chiselmouth chub,young
fish along the 150-mile stretch between fish had a higher incidence of spinal
Newberg and Corvallis,they confirmed
rh)5 Lvas to reSet It'd)(Ifile DEQ findings that the Newberg Pool had
twice the number of fish deformities than
question, riot r,nystl�r r upstream near Corvallis. But by sampling
in between,they found that the distribu-
tion of deformed fish was not a simple ,
With more questions than answers, gradient.
We found another hotspot about .
concern grew in the communities along .
halfway between Newberg and Corvallis,
the lower Willamette River. In 2001,state Ferry:' ' wr
near the Wheatland Fe Markle said.
representative Mae Yih of Albany and "But between the two hotspots—Wheat-
legislators from the Portland Metro area land and Newberg—we found a very low
called on Oregon State University to find incidence of deformed fish:'
out what was causing fish deformities in Although they found no geographic
the Newberg Pool. pattern of distribution,they did find at
'This was a researchable question,not biological pattern. >
a mystery of nature:'said Larry Curtis, "We found that fish species with the
head of OSU's Department of Environ- highest incidence of spinal deformities f
mental and Molecular Toxicology,"and 1 were broadcast spawners:'Markle
knew we had the science and technologyexplained."That means they release their , .......... -
to find the answer." eggs into the water and let the current
Skeletal deformities can be caused by disperse them.The young,newly hatched
many different things—toxic chemicals, fish swim into shallow water to avoid being
infectious diseases,hybridization and
more. So instead of focusing strictly on OSU toxicologist Larry Curtis used laboratory zebrafish
water quality,Curtis engaged OSU faculty among other species to test the effect of highly
from many different disciplines across concentrated river water on developing fish.
the Agricultural Experiment Station to
examine the question from several differ- _ 3
ent angles.
Each person came to the study with
their own theories of what could be causing
these skeletal deformities;'Curtis said.
"The collaboration across disciplines " .
made it possible to do a comprehensive
study that cross-examined evidence from -
many different perspectives."
With$500,000 from the Oregon Water-
shed Enhancement Board and two years to
complete their report,the scientists wen[
to work in 2002.Almost immediately,they
discovered surprises and new challenges.
Doug Markle,a professor of fisheries
and wildlife at OSU,had known about ;
the Newberg Pool deformities for several c
years.He had searched the preserved s,
specimen collections at OSU and beyond
to see if such deformities had ever been
observed in the past.They had.His search
took him to the Smithsonian Institution
in Washington,D.C.,where he found
three northern pikeminnows that had been 3
collected from the Willamette River by a OSU researchers designed sampling equipment that would absorb dissolved chemicals from the river water just like a
scientific expedition in 1855. fish or human would.
20 Oregon's Agricultural Progress Fall 2004
deformities than their older relatives. And expert in environmental toxicology.But changes in pulses,currents and seasonal
they found that fish that hatched earlier characterizing water chemistry in a body differences that can concentrate some
in the season,from May to mid-July,also as large as the Willamette River would be chemicals and dilute others.If you take a
had higher rates of skeletal deformities. a challenge. sample in the afternoon you could miss a
"Because we know that skeletal defor- "The Willamette River is not an pulse of chemicals released in the middle
mities can be caused by many chemicals homogenous pool of unchanging water," of the night."
—organophosphates and heavy metals, explained Kim Anderson,director of
for example—water chemistry was a OSU's Food Safety and Environmental
large part of the study,"said Curtis,an Stewardship Program."Its chemistry OJTe�c?l t fl PJ trillion.S one
se.orlrf;r� .�? ,Clay;: rfs
To further complicate matters,the
chemists needed precise measurements
of only the dissolved contaminants that
• r. could be absorbed by fish or humans.
i Measurements of total contamination
in the river would blur their results.So
Anderson's team designed and built
sampling equipment that functioned like
surrogate fish,simulating how a living
creature would absorb dissolved contami-
nants from the river.Suspended in the
t+ E water column,the model fish absorbed
y dissolved contaminants 24 hours a day,7
days a week,from May through mid-July,
*4 when fish deformities were found to be
most prevalent.
One surrogate fish,essentially a thin
plastic tube filled with a kind of vegetable
oil,absorbed organophosphates in the
same way fatty tissues do in fish or hu-
mans.The other surrogate fish looked like
a plastic milk jug lid and was filled with a
resin that would absorb heavy metals.
}_ The chemists knew that the contami-
nants they were trying to track could be
so dilute as to be undetectable using
laboratory methods specified by the U.S.
•�r Environmental Protection Agency(EPA).
. So,Anderson's team developed new
analytical methods that were 1,000 times
f more sensitive than the EPA methods,that
could detect chemical compounds diluted
to fractions of one part per trillion.
Anderson put that tiny fraction into
` perspective."One part per trillion is one
second in 32,500 years,"she explained.
' "Or,if you put one orange golf ball on the
football field at OSU's Reser Stadium and
added one trillion white golf balls,then the
stadium would need to be one mile tall."
� Even at this extraordinary level of labo-
ratory precision,the chemists found that
most of the target chemicals in the Wil-
lamette River were still below their limits
t of detection.They examined river sedi-
E- ments for persistent organic toxins,and
3 the few they were able to detect were far
below any minimum exposure levels set
-- --- - for human health.They even removed the
When the OSU research team examined skeletal tissue in relation to x-rays,they found tiny parasites wedged into the ovaries from a sample of pikeminnows
bones of deformed fish. just before spawning to see if there were
Oregon's Agricultural Progress Fall 2004 21
traces of toxins in the eggs that could examined data from water samples col-
disrupt bone development in young fish. lected by the U.S.Geological Survey from
They found nothing that would explain upstream tributaries of the Willamette.He
the high rates of fish deformities in the hoped to find measurable amounts of pes-
Newberg Pool. ticides before they were diluted by the
Still,the researchers challenged them- water in the main stem river.Testing for
selves.Perhaps,they argued.there were the occurrence of nearly 100 different
other chemicals in the river that could components of pesticides,he detected the
contribute to fish deformities besides the presence of fewer than half,all at extreme-
target compounds they were monitoring. ly low concentrations.Assuming these
Or perhaps one chemical,that by itself chemicals could make their way to the
was harmless,could become toxic in main stem,Jenkins calculated what the `
combination with trace amounts of other concentration of those pesticides would be
seemingly harmless chemicals. in the Willamette at the point where river
water entered the disputed water treatment `
�
The Willamette River water plant at Wilsonville.Jenkins compared his�
quality was passing every rest. ='
So what was causing the fish - =
deformities?
OSU toxicologist Jeffrey Jenkins took
up the challenge.
Because you can't analyze river water sow
for every possible chemical contaminant -
mixture,Jenkins designed a test to expose _
fish in the laboratory to organic con-
taminants concentrated from river water. ,
Jenkins and his team collected water
samples from the Newberg Pool and other More than 80 percent of the deformed fish were found
locations in the Willamette,then concen- to have tiny parasites drilled into their spines.
trated the water into extracts that intensi- calculations with drinking water standards
fied the dose of existing contaminants. In from EPA and the World Health Organi-
the laboratory,they reared fish in these zation.The calculated pesticide levels fell
various water extracts and examined them far below the allowable limits,a thousand
for spinal deformities or other irregulari- to a million times—in one case a billion
ties. times—below the accepted limits for
Jenkins' team found that very few fish, drinking water.
two percent or less in each water extract, The Willamette River water quality
developed spinal deformities similar to was passing every test.So what was caus-
those found in river fish. Finding no dif- ing the fish deformities?
ferences among the various water extracts, _ Michael Kent,director of the Center
for Fish Disease Research at OSU,had
Jenkins found no evidence that unknown
Fluke parasites live part of their lives inside snails before cultured tissues from the deformed fish,
elements in the river water could be linked moving on to infect small fish in the shallow edges of
searching for evidence of bacteria or vi-
Examining every angle,the OSU to fish deformities. the river. ruses. He had found nothing. But when he
researchers were not able to find a con- examined the skeletal tissue of deformed
nection between water chemistry and fish fish in relation to x-rays that Markle pro-
deformities.But the concern expressed by vided,he found tiny parasites wedged into
people living along the lower Willamette the bones of the little fish.
was as much about their own health,and Parasites live complicated lives.The
their doubts about the new water treatment most prevalent parasite Kent's team found
plant,as it was about fish.Was Willamette was a kind of fluke that begins its life
River water safe to drink?Jenkins took his inside a snail.Later it's released into the
research further to consider how much risk i water where it infects young minnows
to human health was posed by chemical taking shelter in the shallows.The fluke
pollutants in the Willamette River.
p An infected pikeminnow,less than aninch-and-a-half parasite drills into the bones of newly
It's impossible to calculate the risk from long,has a crooked spine characteristic of many minnow hatched fish,then encases itself in a cyst
chemicals you can't even detect.So Jenkins like fish from the Newberg Pool. that disrupts normal bone development.
22 Oregon's Agricultural Progress Fall 2004
7
M1O.'•
F
i
Minnows with deformed backs swim slowly where a fish was born that was the stron- Preserved fish specimens,such as these in the OSU
and awkwardly.They're more visible and gest predictor of skeletal deformities. museum collection,helped researchers document that
therefore more likely to be eaten by birds, spinal deformities have been found in Willamette River
the ultimate host for the reproductive stage were parasites actually fish since the pioneer days.
of the parasite's life cycle.Inside the bird,
the parasite reproduces and its offspring are causing the deformities, or were Doug Markle speculated that perhaps
excreted,finding their way back into snails, there are more snails in the Newberg Pool
beginning the cycle again. deformed fish simply more or fish with a greater susceptibility to
The biologists confirmed the presence parasites.In any case,unlike toxic chemi-
of snails in the shallow water where young vulnerable to parasitic infection? cals,the parasites pose little or no risk to
broadcast-spawning minnows seek shelter. human health.Cooking or freezing will
Kent examined the tissues of hundreds The evidence undeniably pointed to kill the parasites in infected fish.
of deformed fish collected from four sites parasites. Other possibilities,such as wa- On time and on budget,the OSU sci-
between the Newberg Pool and Corvallis. ter chemistry,infectious disease and toxic entists delivered their report in July.2004,
In more than 80 percent of the fish he contamination,had been carefully exam- with a public hearing in Wilsonville to
found two kinds of parasites attached to ined but could not explain the deformities. explain to the community what they had
the bone deformities. "Such lack of evidence from any single found. Both the supporters and the detrac-
One question lingered: were parasites investigation would seem to have little tors of the new water-treatment plant were
actually causing the deformities,or were significance,"Kent said,"but the negative pleased with the report's results.
deformed fish simply more vulnerable to results from so many lines of investiga- "That's a sign we've been an honest bro-
parasitic infection?Kent tested the ques- tions served to strengthen the positive ker of information and produced a balanced
tion in the lab,exposing healthy labora- results we found with parasites." report,"Curtis said."There are new ques-
tory-born minnows to infected snails.The Discovering the link betweenpara- tions that would be interesting to pursue,
laboratory fish developed curved spines, sites and fish deformities answered some but this wasn't an invitation for open-ended
split vertebrae and other skeletal deformi- questions and prompted more.Why,for research.We were called on to answer one
ties to the same degree as those found in example,is there a higher incidence of question—what's causing fish deformities
the Newberg Pool. Kent demonstrated that parasitic infections in the Newberg Pool in the Newberg Pool?—and we answered
it was the presence of parasites when and than elsewhere in the Willamette basin? it"
Oregon's Agriculturul Progress Full 2004 23
FAX TRANSMITTAL
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SUBJECT: Intergovernmental Water Board Meeting
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Co: City of Durham Co: City of Tigard
Fax #: 503-598-8595 Fax #: 503-684-8840
Ph #: 639-4171, Ext. 2597
SUBJECT: Intergovernmental Water Board Meeting
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March 9, 2005, meeting.
If you have any questions, let me know. Thanks
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