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03/20/2008 - Packet Completeness Review _ for Boards', Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee Ma0.r�-h 2o-1 2 Uy.p 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 CIO Signature 327 //3 Date Intergovernmental Water Board — Agenda SERVING TIGARD, KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Thursday, March 20, 2008, 5:30 p.m. MEETING LOCATION: Tigard City Hall Red Rock Conference Room 13125 SW Hall Blvd. Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to conduct roll call. 2. Approval of Minutes — February 13, 2008 Action: Motion to approve the February 13, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Discussion of the Fourth Amendment to the Joint Funding Agreement for the Tualatin Basin Water Supply Project - Dennis Koellermeier Action: No action is required at this time. The Board will be asked to consider a formal motion on the amendment at its April 8, 2008 meeting. 5. Discuss Proposed Budget and Community Investment Program - Dennis Koellermeier Action: Informational only; no action is required at this time. 6. Water Supply Update - Mr. Goodrich 7. Informational Items ■ Update on Tigard Water District/City of Tigard Lawsuit 8. Non-Agenda Items Call for non-agenda items from Board. 9. Future Agenda Items ■ Update on water partnership negotiations with the City of Lake Oswego. ■ Discussion of Water Rates ■ Review- - Proposed revisions to the credit for leak policy. - Proposed revisions to the Billing and Collection of Utility Charges section of the Tigard Municipal Code. - The billing insert policy. INTERGOVERNMENTAL WATER BOARD AGENDA— MARCH 20, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 oft i 10. Next Meetings: ■ Special Meeting, April 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Joint Meeting with the Tigard City Council, April 8, 2008, 7:30 p.m. City of Tigard Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon ■ Special Joint Meeting with the Tigard and Lake Oswego City Councils, April 15, 2008, 7 p.m. Lake Oswego City Hall, 380 A Avenue, Lake Oswego 11. Adjournment Action: Motion for adjournment Executive Session The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. INTERGOVERNMENTAL WATER BOARD AGENDA- MARCH 20, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2 Sign-in Sheet Intergovernmental Water Board Meeting Date: .3 ICS - of3 Name Do you wish If yes, please give your address please print to speak to the Board? John Q. Public Yes 13125 SW Hall Blvd. Tigard OR 97223 �e cf � ��vsche l �vv Intergovernmental Water Board (IWB) Meeting Minutes March 20, 2008 Tigard City Hall Red Rock Conference Room 13125 SW Hall Blvd Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Bill Scheiderich Member At-Large Dick Winn Representing the City of King City Members Absent. None Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:28 p.m. 2. Approval of Minutes — February 13, 2008 Commissioner Buehner motioned to approve the February 13, 2008 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 3. Public Comments: None 4. Discussion of the Fourth Amendment to the Joint Funding Agreement for the Tualatin Basin Water Supply Project Mr. Koellermeier provided background on this item. Cost estimates for this fiscal year and next fiscal year were included in packet information. Partners in the project are trying to arrange funding and are anxious to know if Tigard will continue its participation. If Tigard does not participate, costs will be distributed among other partners. Mr. Koellermeier provided the following update on the TBWSP: ■ The governance agreement is nearing completion. This must be in place in order to accept the title from the federal government. Although some issues still remain, like the existing power subsidy for the Tualatin Valley Irrigation District, the agreement appears to be acceptable to most of the partners. ■ Since the Tualatin Valley Water District has signed on, they are trying to accelerate the project. They want the project to be operational before their Portland Water Contract expires. ■ There are still many project"unknowns" and cost estimates may be conservative. Intergovernmental Water Board Minutes March 20,2008 1 ■ The partners have asked for Tigard's decision on whether it will remain in the project by June 1, 2008. ■ In anticipation of this decision, cost and other information for the various water sources was being updated and will be presented at the Board's April 8 meeting. Commissioner Scheiderich briefed the Board on following TBWSP issues: ■ Power Subsidies The federal government currently provides power subsidies to the Tualatin Valley Irrigation District. Should title transfer take place, agreements would require the new owners to honor the existing power subsidies; the partners would have to subsidize the power costs of the irrigation district. ■ Recouping Existing Investment Should Tigard withdraw from the partnership, there is no mechanism in place to recoup money already invested in the project. However, both Tualatin Valley Water District and Clean Water Services would like to obtain more than their allocated share of TBWSP water. Commissioner Scheiderich suggested Tigard should remain in the project until it determines it does not need the water, at which time it could sell its share back to other partners. Mr. Koellermeier interjected Tigard had spent about $1 million on the project to date. Of that $1 million, about $200,000 was used to purchase property and could be recovered. Clean Water Services has offered to front the $2 million for Forest Grove's portion of the project, giving the city a buy-back option in the future. Mr. Koellermeier asked Clean Water Services for a similar arrangement, but he has not received a formal response. Tigard's comparable cost would be about $80 million. The financial commitment associated with the fourth amendment would be $3,031,579 over the next year. Mr. Koellermeier estimated Tigard's costs the following year to be about $4 million. Mr. Koellermeier said he has approached the other partners about returning the balance of Tigard's investment in the form of wholesale water when the project is completed. The partners were not receptive to this idea. Commissioner Buehner: ■ Said the Board had to spend money in order to "stay at the table" with regard to the TBWSP and was aware that money invested may not be recouped. • Expressed concern over subsidizing the irrigation district. ■ Said the money being discussed for the TBWSP could instead be used to fund the start up of the Lake Oswego Expansion and Water Partnership. Mr. Koellermeier said Tigard's share of the TBWSP would be in excess of $200 million, with the transmission line alone, costing between $50 and $75 million. This cost would likely be financed over a 30 year period. However, since Tigard will only be able to obtain 14 million gallons per day, the City will likely need to develop additional water sources before the financing for the TBWSP is paid off. Mr. Koellermeier responded to a question about how much further Tigard could proceed before it was committed to the entire project. Once the partnership begins to actually build the facility, Tigard would be contractually obligated to fund its share of the entire Intergovernmental Water Board Minutes March 20,2008 2 project. The fourth amendment will fund completion of the title transfer process and the start of project design and permitting. Commissioner Buehner asked staff to find out what Tigard's share of the irrigation subsidy would be if the project goes forward under local ownership. Mr. Koellermeier relayed that it now appeared that title transfer would not save the partnership any money. The Board discussed the TBWSP in relation to other water options. Mr. Koellermeier advised that a decision not to participate in the TBWSP will affect the city's status on the Joint Water Commission. It is possible the city could still receive water through the TBWSP without being an owner. Commissioner Buehner expressed her support of the Lake Oswego Expansion and Water Partnership as opposed to the TBWSP. The Board discussed the timelines for the Lake Oswego and Tualatin Basin projects, along with the TBWSP June 1 decision date. If theTBWSP partners don't receive an answer by then, it will be assumed Tigard is out of the project. The Board will need to make a decision regarding its participation in the TBWSP at their April 8 meeting. Commissioner Scheiderich asserted the TBWSP will be built, while other possible water projects have not been finalized. He advocated continuing with the TBWSP for the time being. Commissioner Carroll said that without some other agreement in place for future water, continuing with the TBWSP basically provided a $3 million "insurance policy" that the Tigard Water Service Area would have water. He also expressed support for keeping other long-term water options open. The Board asked Mr. Koellermeier to get clarification from TBWSP partners on whether the fourth amendment and the $3 million payment would commit the city to the entire project, or if it could abandon the project at a later date. Commissioner Carroll said the $3 million investment in the TBWSP would allow more time for the city to solidify the agreement on the Lake Oswego Expansion and Water Partnership. The Board discussed using its clout as a partner of the TBWSP to move the June 1 decision deadline back. Commissioner Carroll summarized the Board's discussion by directing Mr. Koellermeier to find out how long the Board can delay its decision to participate in the TBWSP and how much money will be required to fund the project while the decision is postponed. The Board agreed it needed to remain in the TBWSP until the Lake Oswego Expansion and Water Partnership, or some other water option, is finalized. Commissioner Buehner relayed that the upcoming intergovernmental agreement (IGA) between Tigard and Lake Oswego would commit the two cities to the Lake Oswego Intergovernmental Water Board Minutes March 20,2008 3 Expansion and Water Partnership. Mr. Koellermeier said a summary of the IGA will be presented at the April 15 meeting. Mr. Koellermeier confirmed he would investigate delaying the TBWSP decision and the corresponding cost resulting from such a delay. 5. Discuss Proposed Budget and Community Investment Program Mr. Koellermeier distributed two handouts which are on file in the IWB record. He explained the handouts were in draft form and about 85 percent complete. The handout marked "650" is the annual expenditure budget for water and the other handout was an overview of Community Investment Program projects related to water. Mr. Koellermeier summarized the handouts. Expenditures are relatively flat. Future water rates will be based on these documents. He noted the list of capital improvement projects is accurate, but the figures were not accurate. 6. Water Supply Update Mr. Goodrich reported: ■ Aquifer storage and recovery wells are full at 262.9 million gallons. ■ Average demand is 4.2 million gallons per day, which is normal for this time of year. ■ The school district has signed the intergovernmental agreement regarding their well and this agreement is on the Tigard City Council's March 25 agenda. June 17 is the start date for construction, with a completion date of June 30. License agreements with the two property owners affected by the proposed work on the other well on Titan Lane are in draft form. Work can start as soon as the license agreements are signed and the contract is awarded. 7. Informational Items ■ Update on Tigard Water District/City of Tigard Lawsuit Mr. Koellermeier distributed a court document which is on file in the IWB record. A judge dismissed the Tigard Water District's suit against the City of Tigard for administrative reasons. Tigard Water District has refiled the same suit. Commissioner Russell provided the Board with a statement from the Tigard Water District's attorney. The statement is on file in the IWB record. The Board discussed a handout on reclaimed water from a recent Tigard City Council meeting. Commissioner Buehner said Clean Water Services may be reevaluating its position on the use of reclaimed water in downtown Tigard. 8. Non-Agenda Items Mr. Koellermeier summarized a handout on contaminated water in western national parks. The handout is on file in the IWB record. 9. Future Agenda Items ■ Update on water partnership negotiations with the City of Lake Oswego. • Discussion of Water Rates ■ Review: - Proposed revisions to the credit for leak policy. Intergovernmental Water Board Minutes March 20, 2008 4 - Proposed revisions to the Billing and Collection of Utility Charges section of the Tigard Municipal Code. - The billing insert policy. Mr. Koellermeier said a recommendation on water rates would come before the Board at a future meeting. 10. Next Meetings ■ Special Meeting, April 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon • Special Joint Meeting with the Tigard City Council, April 8, 2008, 7:30 p.m. City of Tigard Town Hall, 13125 SW Hall Blvd., Tigard, Oregon ■ Special Joint Meeting with the Tigard and Lake Oswego City Councils, April 15, 2008, 7 p.m., Lake Oswego City Hall, 380 A Avenue, Lake Oswego 11. Adjournment At 7:08 p.m. Commissioner Scheiderich motioned to adjourn the meeting; Commissioner Winn seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. -F"Q Gm&O IWB Chair Greer A. Gaston, IWB Recorder Date: /lata Intergovernmental Water Board Minutes March 20,2008 5 Agenda Item No.: ..e IWB Meeting Date: Intergovernmental Water Board (IWB) Meeting Minutes February 13, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Bill Scheiderich Member At-Large Dick Winn Representing the City of King City Members Absent. None Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston Note:Agenda items are recorded in the minutes in the order they were considered. This order varies from the agenda, thus the discrepancy in numbering. 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:30 p.m. 2. Approval of Minutes —January 9, 2008 Commissioner Carroll motioned to approve the January 9, 2008 minutes; Commissioner Buehner seconded the motion. The minutes were approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 3. Public Comments: None 5. Election of Chair and Vice-Chair Commissioner Winn said he valued Commissioner Scheiderich's expertise and he thought it was important to maintain continuity. Commissioner Winn nominated Commissioner Scheiderich as IWB Chair; Commissioner Carroll seconded the nomination. Commissioner Buehner nominated Commissioner Carroll as IWB Chair. Commissioner Scheiderich seconded the nomination. Commissioner Scheiderich suggested the Chair position should rotate among the members and withdrew his name from consideration. Intergovernmental Water Board Minutes February 13,2008 1 Commissioner Carroll was appointed Chair by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. Commissioner Buehner nominated Commissioner Winn as IWB Vice-Chair; Commissioner Carroll seconded the nomination. Commissioner Winn was appointed Vice-Chair by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 4. Board Openings -Appoint an At-Large Member to a Two-Year Term Four applications were received for the at-large member position. Commissioner Scheiderich, who had applied for the position, did not participate in this agenda item. Mr. Koellermeier briefed the Board on the application process and advised it was the Board's decision about how it wanted to proceed. Commissioner Russell suggested the applicants be invited to an IWB meeting to explain their interest in the position. Commissioner Buehner motioned to nominate Commissioner Scheiderich to another term; Commissioner Carroll seconded the motion. Commissioner Scheiderich was nominated by majority vote, with Commissioners Buehner, Carroll, and Winn voting yes. Commissioner Russell abstained, saying she felt the other applicants should have an opportunity to come before the board. 6. Consider Making a Recommendation to the Tigard City Council Regarding a Resolution to Add a Section on "Disclosure of Sensitive Information" to the Regional Water Providers Consortium Intergovernmental Agreement Mr. Koellermeier provided background information on this item. He explained that for security reasons, water providers, such as Tigard, had become guarded about providing information on their water systems. Since confidential or sensitive information is shared with the Consortium, this resolution addresses the Consortium's disclosure of that information. The Consortium is staffed by the City of Portland. Commissioner Scheiderich moved that the IWB had considered the amendment; Commissioner Winn seconded the motion. Commissioner Carroll restated the motion which was to forward this recommendation to the Tigard City Council in the affirmative. The recommendation was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 7. Water Supply Update Mr. Goodrich and Mr. Koellermeier reported: ■ The average demand is at 4 million gallons per day, which is normal for this time of year. ■ The agreements with two property owners to properly abandon their wells are progressing. ■ The aquifer storage and recovery (ASR) program is going well. To date, 241 million gallons have been stored. Injection is continuing. ■ The timelines for the construction of the reservoir and third ASR well were provided. Intergovernmental Water Board Minutes February 13,2008 2 8. Informational Items ■ Commissioner Buehner briefed the Board on the Lake Oswego water partnership. She advised staff-level meeting negotiations were going well. Mr. Koellermeier added that the first version of the intergovernmental agreement (IGA) had been developed and issues needing further refinement had been identified. The attorney working on the IGA will present staff and the elected officials' work group with an updated version at a meeting on Wednesday, March 20 in Lake Oswego. The Tigard and Lake Oswego City Councils, along with the IWB, will meet on April 15 to review the IGA. The document should be about 95 percent complete at that time. ■ Due to the anticipated absence of two Commissioners at the IWB's upcoming March 12 meeting, Commissioner Carroll wanted to reschedule. The Board decided to move the meeting to Thursday, March 20 at 5:30. ■ The effects of reservoir construction on Bull Mountain Road were discussed. 9. Non-Agenda Items ■ At the November 28, 2007 meeting, the IWB dedicated a twelve-foot strip of property along Burnham Street to the City of Tigard. At that time Commissioner Carroll asked if the City of Tigard was interested in purchasing the remainder of the property. Mr. Goodrich said the City was interested in purchasing the property in order to realign a driveway. Mr. Goodrich asked for the Board's permission to have the property appraised and said he would then bring the item back to the Board for action. At the request of Commissioner Winn, Mr. Koellermeier said he would provide the Board with a drawing of how the driveway might be realigned following the appraisal. ■ Mr. Koellermeier explained the annual conference of the Northwest Chapter of the American Water Works Association would be held in Vancouver, Washington. There will be a forum for elected officials as part of the conference. Mr. Koellermeier will provide the Commissioners with information on the conference and will make arrangements for those interested in attending. ■ Mr. Koellermeier announced effective next Monday, Mr. Goodrich will be promoted to Water Utility Manager. 10. Future Agenda Items ■ Update on water partnership negotiations with the City of Lake Oswego. ■ Update on the status of the Tualatin Basin Water Supply Project. ■ Review: - Proposed revisions to the credit for leak policy. - Proposed revisions to the Billing and Collection of Utility Charges section of the Tigard Municipal Code. - The billing insert policy. Future agenda items were not discussed. Intergovernmental Water Board Minutes February 13,2008 3 11. Next Meetings ■ March 20, 2008, 5:30 p.m. (See item #8 above.) Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Meeting, April 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon • Special Joint Meeting with the Tigard City Council, April 8, 2008, 7:30 p.m. City of Tigard Town Hall, 13125 SW Hall Blvd., Tigard, Oregon ■ Special Joint Meeting with Tigard and Lake Oswego City Councils, April 15, 2008, 7 p.m. - Location to be announced 12. Adjournment At 6:13 p.m. Commissioner Scheiderich motioned to adjourn the meeting; Commissioner Winn seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes February 13,2008 4 Agenda Item No.: + ]WB Meeting Date: 3-20-a8 DRAFT Draft FOURTH AMENDMENT TO JOINT FUNDING AGREEMENT FOR IWRM WATER SUPPLY FEASIBILITY STUDY (AKA AS TUALATIN BASIN WATER SUPPLY PROJECT) This Amendment, dated , 2008 is between Clean Water Services (District), formerly known as Unified Sewerage Agency, a county service district formed by authority of ORS 451, the Tualatin Valley Water District, a domestic water district formed by authority of ORS 264 and the cities of Hillsboro,Beaverton, and Tigard, all municipal corporations of the State of Oregon(Partners) and amends the parties' Joint Funding Agreement— IWRM Water Supply Feasibility Study dated June 20, 2001 as amended by the First Amendment dated November 14, 2002;the Second Amendment dated December 4, 2003 and the Third Amendment dated September 13, 2007(collectively, JFA). RECITALS 1. The Partners previously entered into the JFA under which the Partners agreed to jointly fund a study of the feasibility of alternative approaches to increase the water supply and evaluate the "no action alternative." 2. The Partners now wish to amend the JFA to fund additional tasks to complete the Tualatin Basin Water Supply Project Draft and Final Planning Report/Environmental Impact Statement, and Title Transfer Project (collectively, Project). The Water Supply Feasibility Study was completed in March 2004. 3. The Partners also wish to amend the JFA to develop a program management process to aid in the planning, coordination and implementation of the project. TERMS AND CONDITIONS 1. Section 2 of the JFA is hereby deleted in its entirety and replaced with the following: "2. Cost Share Each party's share of the cost of the Project shall be proportional to the party's projected share of the additional water supply as of the date of this agreement, assuming 57,000 acre-feet of additional supply. The cost share for each party shall be equal to the percentage indicated in Exhibit B attached hereto and incorporated herein." 2. Pursuant to Section 4 of the JFA,the cities of Cornelius, Banks,North Plains, Sherwood, Forest Grove and Tualatin voluntarily terminated their rights and obligations under the JFA. City of Forest Grove will contract with Clean Water Services for a future buy-back option. Other Partners have assumed their rights and obligations as identified in Exhibit B. Page I of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-2-19-08 DRAFT Draft 3. From the effective date of this Amendment, each Partner shall compensate District for its share of the cost of the Project as provided in Exhibit B attached hereto and incorporated herein. A revised payment schedule with reallocation of each Partner's share is included in Exhibit B. Total payment to District for compensation for services provided during fiscal year 2008-2009 shall not exceed $ 21.6 million. 4. The first sentence of Section 4 of the JFA is hereby deleted and replaced with the following: "Except as otherwise indicated in this Section, no party may terminate its rights and obligations under this Agreement until the Project is completed or a total of$ has been expended,whichever occurs first." 5. Exhibit A of the JFA is hereby replaced with Exhibit A attached hereto and incorporated herein. 6. . This Amendment shall be effective upon signing of all parties. Except as amended herein,the JFA.shall..remain.in full force and effect. The above is hereby agreed to by the Partners and executed by the duly authorized representatives below: CLEAN WATER SERVICES APPROVED AS TO FORM By: District General Counsel Date: TUALATIN VALLEY WATER DISTRICT APPROVED AS TO FORM By: Attorney Date: CITY OF HILLSBORO APPROVED AS TO FORM By: Attorney Date: Page 2 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updaud-2.I9-08 DRAFT Draft CITY OF BEAVERTON APPROVED AS TO FORM By: Attorney Date: CITY OF TIGARD APPROVED AS TO FORM By: Attorney Date: Page 3 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version opdaied-2-19.08 DRAFT Draft Exhibit A SCOPE OF WORK AND PROJECT ELEMENTS TUALA TIN BASIN WA TER SUPPL Y PROJECT and TUALATIN PROJECT TITLE TRANSFER The following is a review of the various project elements and phases outlined in the Fourth Amendment of the Joint-Funding Agreement for the Tualatin Basin Water Supply Project (TBWSP) and Tualatin Project Title Transfer: Tualatin Basin Water Supply Project Draft Planning Report/EIS Completion 1. Increase coordination between both the federal agencies and local project partners; review current PR/EIS documents for consistency with USACE's NEPA guidelines; and incorporate the United States Army Corps of Engineers' (USACE's)roles and requirements into existing documents as USACE has agreed to be a co-lead federal agency with the Bureau of Reclamation on the TBWSP under the National Environmental Policy Act's guidelines. 2. Review comments received from Reclamation and Partners on the First Team Review Draft PR/EIS. Prepare Second Team Review Draft PR/EIS using revisions from the first Team Review Draft PR/EIS. Prepare Second Team Review Draft PR/EIS for review by both co-leads. 3. Review and revise the Fish and Wildlife Coordination Act Report after USFWS finishes its review of the initial report (completed report will be included in the appendix of the PR/EIS). Final Planning and Report for EIS and Record of Decision(ROD) 1. Organize multiple public meetings, in collaboration with all the Partners, Reclamation and USACE, to collect public comments on the Final PR/EIS. Prepare a summary of the comments received. Prepare responses to all comments. Supply clarifying information, modify alternatives and supplement previous analyses as necessary. Make any minor text and graphic revisions as necessary. 2. Guide the final PR/EIS document through the last three rounds of review: Team Review, Administrative Review, and Final Camera-Ready Review. Page 4 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updaicd—2-19-08 DRAFT Draft 3. Review the draft Record of Decision prepared by Reclamation and USAGE. Coordinate with both agencies to complete the Administrative Record necessary to proceed with federal permitting. 4. Prepare a completed EIS for inclusion with ROD. Project Mitigation—Pre-design and Implementation 1. Fish Habitat Mitigation. Prepare preliminary fish habitat mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria and generate a preliminary design for improving fish habitat downstream of Scoggins Dam. 2. Fish Passage. Continue site evaluations and prepare preliminary fish passage mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria and generate a preliminary design for improving fish passage in the Tualatin Basin. 3. Wildlife Habitat. Continue site evaluations and prepare preliminary wildlife habitat mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria and generate a preliminary design for improving wildlife habitat in and around the Tualatin Project and elsewhere in the Tualatin Basin. 4. Wetlands. Continue site evaluations and prepare preliminary wetlands mitigation plans as requested by local, state and federal agencies. Organize meetings to discuss design criteria and generate a preliminary design for improving wetlands in and around the Tualatin Project and elsewhere in the Tualatin Basin. Project Permitting and Consultation The major elements of the water supply project have been split into four categories: the Dam Raise /Road Relocation/Recreational Facilities, the Raw Water Pipeline,Pump-back system and the Joint Water Commission Water Treatment Plant expansion. Each of these elements shares some similar tasks that must be completed: 1. Coordinate with various local, state and federal agencies for the permitting of the preferred alternative. Develop a permitting plan to document the permitting requirements including permits needed for construction of the preferred alternative. Plan will also include an anticipated schedule for permit submittals and reviews. 2. Engage all relevant agencies and,ideally, obtain all major permits before the end of the design phase. Coordinate permitting between different project elements. Develop updated information related to proposed construction methods, timing of construction methods and design information. Initiate discussions with regulators to confirm and update findings relevant to the draft EIS and its permitting requirements and assess impacts on schedule and costs. Conduct any necessary additional surveys to verify permitting requirements and environmental Page 5 of l 1 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-2-19-08 DRAFT Draft constraints. 3. Land Use Permitting: Utilize information gathered during preparation of the Draft PR/EIS and supplement with additional site assessments,research and analysis (as necessary)to prepare land use application(s). Address applicable standards of Washington County and other local jurisdictions as necessary. Coordinate with local surface water management agencies Clean Water Services in Washington County and Water Environment Services in Clackamas County (if warranted)to obtain the approvals necessary to meet Sensitive Area and Vegetated Corridor requirements--including the development of conceptual mitigation plans. Arrange and attend a pre-application conference(s)with the Partners and planning staff(s)to confirm application requirements and applicable review standards. Prepare and submit required land use application materials to Washington County and other local jurisdictions that require land use review. Land use reviews related to the following may be required, depending upon the alternative selected and local land use regulations: a. Temporary use(for construction staging, etc.) b. Conditional use requirements c. Farm/forest impacts d. Alteration to a Significant Natural Resource e. Standards for permitted use f. Sensitive Area and Vegetated Corridor requirements 4: Coordinate with Washington County.planning staff and help prepare any amendments. Prepare for and attend one neighborhood meeting and one public hearing for the Washington County land use review process. Prepare for and attend public meetings as required for other local land use reviews. 5. Identify other permits, related to the Draft PR/EIS, that may be required for project development. The types of permits required will depend upon the alternative selected for implementation. Potential permits required include: a. Bonneville Power Administration right-of-way permit b. NPDES 1200-C stormwater permit c. Oregon Department of Transportation right-of-way permit d. Oregon Water Resources Department dam safety permit e. Municipal water-right permit extensions 6. Coordinate with the permitting agencies to achieve timely and accurate permit reviews. 7. Joint Removal-Fill Permit Coordination (including 401 Certification): Prepare wetland removal-fill applications for the Oregon Department of State Lands (DSL) and USACE. Prepare the necessary documentation, including 404(b)(1) alternatives analysis,project description, and proposed mitigation plan. Coordinate with Reclamation, USACE and other applicable commenting agencies. Using existing wetland information, supplemented by a Page 6 of 1 l Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-2-19-08 DRAFT Draft wetland delineation that will be done by following USACE and DSL guidelines, finalize project impact analyses and prepare the compensatory wetland mitigation plan for wetland impacts and the compensatory mitigation plan for waterway impacts in compliance with DSL rules. 8. Coordinate with DSL and USACE to facilitate the permitting and public review process. Prepare responses to comments received from the Public Notice. 9. Biological Opinion: Coordinate with the National Marine Fisheries Service(NMFS) and USFWS to process a final Biological Assessment(BA) and to obtain a Biological Opinion (BO) or letter of concurrence for the proposed action from both NMFS and USFWS. Provide the necessary ESA consultation support for the BA/BO process. Secure the BO before the Joint Removal-Fill Permits are obtained. 10. Note: The permitting process will be conducted concurrently with the NEPA process, to the extent possible,with the intent that the Final PR/EIS will include the Joint Removal-Fill Permit application. Endeavor to obtain permits prior to bid for construction, so that permit conditions will be included in the construction bid documents. Property Acquisition and Right-of-Way/Easement Services 1. Right-of-Way: Meet and negotiate with landowners impacted by selected alternative. Consider alternatives and begin land-requirement studies (gaining access), ROW acquisition (fee acquisition permanent easements,or temporary construction easements), surveying, cultural resources and geotechnical investigations. 2. Property Acquisition: Solicit, select and execute contracts for environmental assessments, surveys, and appraisals. Execute purchases and create maintenance plans. Recreational Master Plan and Pre-design 1. Complete conceptual design,preliminary design and final design Program Mannement/Proiect Staffing Elements 1. Contract administration and management of Phase I Interim Program management firm. 2. Interim program management: identify and implement appropriate schedules, controls,project management, and staff resource requirements during Phase 1 interim program management of the TBWSP. 3. Consultant selection for preliminary geotechnical exploration: provide technical and logistical support to prepare and issue a request for proposals for geotechnical exploration services, including support for consultant selection and contract negotiation in coordination with Page 7 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-2.19.08 DRAFT Draft Reclamation. 4. Consultant selection for surveying and mapping: provide technical and logistical support to prepare a request for proposals and complete consultant selection and contract negotiation for a surveying and mapping consultant. 5. Consultant selection for real estate acquisition: provide technical and logistical support to prepare a request for proposals and complete consultant selection and contract negotiation for real estate (rights of way and easements, excluding the raw water pipeline) acquisition and relocation services. 6. Selection of Phase 2 Program Manager: provide technical and logistical support to prepare a request for proposals and complete consultant selection and contract negotiation for Phase 2 ongoing program management services. Design Services Design Team Selection: Selecting and contracting with the design teams for the Scoggins Dam raise, raw-water pipeline and pump-back system will take approximately eight months to complete. Preparation of the RFP's should begin immediately after the selection of an overall project manager. This process should begin in early 2009. It is assumed that the final design phase of the TBWSP will be broken down into four separate projects: the Scoggins Dam raise with road relocation and recreational facility construction bundled with it; the raw water pipeline and pump- back facility; and the coordination of the JWC water treatment facility expansion. The four majoi elements will require the following tasks to complete for each of them: 1. Prepare construction documents, receive and evaluate bids. 2. Project Management Plan: organize technical workshops and progress meetings; develop project deliverables; and ensure quality control. 3. Contract Management: develop overall project scope and contract documents; prepare monthly progress reports and invoices; and prepare scopes of work for sub-consultants needed to support preliminary design efforts. 4. Management Meetings/Workshops: using weekly meetings or conference calls, review project status, upcoming work tasks and organize monthly progress reports with the partners. 5. Field Engineering Services: complete the fieldwork necessary to support full design, including: surveying, geotechnical investigations and condition surveys. All this work should be coordinated among the three major design elements whenever possible. Survey should include contour lines and the boring holes location of all existing improvements. Geotechnical (high level of coordination necessary with Bureau of Reclamation) should include: soil/rock borings, laboratory testing, related analysis on proposed improvements,provide recommendations Condition Surveys Page 8 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-2-I9-03 DRAFT Draft will be part of the larger facility review. 6. Final Design Engineering: complete engineering services through 100 percent design, plan design coordination meetings, final design, agency review, construction document preparation, workshops, construction cost estimate,construction scheduling and sequencing. 7. Bid Period Services: answer bidder technical questions; organize pre-bid conference and site tours. Prepare conformed drawings and specifications. 8. General Administration: correspondence and file maintenance, monthly progress reports, updating the website and other information resources. Continued communication with all partners about project scope,budget and scheduling; management of consultants; preparation of monthly status reports and invoices In addition, the Raw Water Pipeline/Pump-back element will require: 1. Ensure pipeline and pump-back are both developed to a preliminary design level. The purpose of preliminary design is to evaluate remaining project alternatives, provide information for environmental compliance and permitting efforts, and generally provide the remaining technical detail needed to support a straightforward and efficient final design. In addition, the Dam Raise, Road Relocation, and Recreational Facilities element will require: 1. Water Rights Evaluations and Applications: evaluate existing waters right permits for the proposed project; modify permits for project implementation and future operations. 2. Hydrologic Study and Operational Modeling: update existing hydrological study to refine final selected dam height versus the required storage volume with due consideration given to operational restrictions and revised demand forecasts. Tualatin Project Title Transfer Final Environmental Assessment (EA)/Findinpas of No Simifieant Impacts (FONSI) 1. Prepare an Environmental Assessment in compliance with NEPA regulations. 2. Project management and Agency Coordination: Coordinate relevant federal state local agencies as needed to facilitate the title transfer process 3. Prepare a Finding of No Significant Impact(FONSI), using the completed Environmental Assessment, for public review. Work with Reclamation to determine the best way to respond quickly and cost-effectively after comments are received. Respond to all comment s using a comment-response matrix and by revising the draft EA. Then submit final ES to Reclamation Page 9 of I 1 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated-2-19-08 DRAFT Draft for public review. 4. Work with Reclamation to prepare a Draft FONSI for the selected project alternative Facility Assessment/Seismic Studies/Land Surveys and Easements 1. Conduct an inspection and evaluation of all of the manmade structures of the Tualatin project— with special consideration given to seismic issues. Investigation into the legal status of the land include with the project. Order a preliminary title report for each parcel affected by title transfer. Identify any exceptions, like liens, easements, and access rights,related to these parcels. Compile a list of these exception and present to Reclamation. Develop different transfer formats. Send draft documents to Reclamation, prepare final documents, compile and record all documentation. 2. Conduct public meetings related to the title transfer process. 3. Compile a comprehensive map of facilities at the Tualatin Project. Order lot book-reports for each affected parcel. Map the current zoning in the project area. IGA Administration 1. Provide support for, and executethe tasks necessary to,produced an intergovernmental agreement signed by all of the TBWSP Partners that allows them to take title of the Tualatin Project and manage it effective and efficiently in the future. Development of a transitional plan for the operational elements of Tualatin Project by the local governing organization. Additional Combined Project Elements Governmental and Public Affairs 1. Represent the project and it partners to local, state and federal officials to facilitate agreements over responsibilities and rights. Provide public outreach and information to community groups, elected officials and other parties affected by or interested in the project. Workshops will be conducted with internal and external stakeholders during design and throughout construction. Generate a consistent public information plan that demonstrates how the partners are working together to effectively manage and complete this significant project. Plan,manage and implement the public information and public engagement program. This effort involves developing a consistent communications plan, including messaging, stakeholder identification, strategies, tactics and budgets. It should be managed adaptively. Legal Services 1. Research and document the real property fee ownership for any land, any easements, rights-of- way, strictures, subsurface rights or other rights either involving the Facilities that are part of Page 10 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version updated- -19-08 DRAFT Draft the Project or that are adjacent to or could be intermingled with the Project. 2. Assist with development, negotiation, and coordination of final governance agreement documents for the entity proposed to own the Facilities. 3. Review and identify the Reclamation's existing contractual agreements with: a. Scoggins Dam operation and maintenance with TVID b. Hagg Lake Park and Lands Management with Washington County. c. Flood Management with the U.S. Army Corps of Engineers. d. Repayment contracts with existing water users. e. Water Services Contracts with Pumpkin Golf Course, Stimson and the Reserve Golf Course. f. Other related contractual arrangements including power contracts, resource(e.g., Elk and Fish) mitigation. 4. Research, advise and assist with associated water rights issues involved in the Project. 5. Research, advise and assist with the property acquisition process involved with both the transfer of title of the Facilities and water supply project, and associated contractual agreements: involving the Facilities including liability risks and environmental assessment. 6. Assist with drafting, reviewing and advising on the construction and engineering contracts associated with the dam raise, raw water pipeline construction and hydropower issues. 7. Assist with drafting,reviewing and advising on congressional legislation elements of the title transfer and associated federal funding processes. Clean Water Services (and other Partners) Proiect Management 1. Continued project management and staff support for the Water Supply and Title Transfer proj ects. Mise Expenses 1. The tasks and elements of the Project not currently provided for in the above listed items. 2. Information Technology: design an electronic data management system for organizing the partners and the consultants involved in the Water Supply Project before and during design and construction. Page 11 of 11 Fourth Amendment to Joint Funding Agreement for Water Supply Project Version upd.ted-2-0-08 Draft Tualatin Water Supply Project- DEIS Phase II (FY09 and FY10)and Tualatin Project Title Transfer Title Transfer Transaction and TBWSP Final PR/EIS-Record of Decision(ROD) Joint Funding Agreement-#4 Amendment --DRAFT Project Manager-Tom VanderPlaat- Clean Water Services 1/16/2008 Estimated Budget Expenses Review PROJECT ELEMENTS FY 08-09 FY09-10 Percent Costs Costs Complete TUALATIN BASIN WATER SUPPLY PROJECT Draft Planning ReporUEIS(completion) $100,000 $0 100% Final Planning ReporUEIS&ROD $2,000,000 $500,000 Mitigation-Predesign and Implementation $1,000,000 $1,000,000 " Permitting $500,000 $500,000 " Property Appraisals and Acquistion $2,000,000 $500,000 Recreational Master Plan and Predesign $250,000 $250,000 " Project Site Investigation-Geologic Testing $500,000 $200,000 Program Management Elements $750,000 $750,000 Design Services— Scoggins Dam Raise/Roads/Recreation $5,800,000 $2,900,000 A Raw Water Pipeline $3,400,000 $4,500,000 A Pump Back System-Predesi n $1,400,000 $1,000,000 " A Total ' $17,700,000 $12,100,000 TUALATIN PROJECT TITLE TRANSFER Transaction Costs Environmental Review elements $250,000 $100,000 100% Facilities Review and Assessment $300,000 $200,000 IGA Adminstration for Title Transfer $300,000 $600,000 " Land Survey and Easement for existing lands $1.50,000 $100,000 Sub Total of Transaction Costs $1,000,000 $1,000,000 Title Transfer Payment $0 $11,300,000 100% B ADDITIONAL PROJECT ELEMENTS Governmental/Public Affairs $300,000 $500,000 " Legal Services $200,000 $200,000 CWS and Partner's Project Management $2,100,000 $2,600,000 " Misc Expenses $300,000 $600,000 " Contingency " Total Costs $21,600,0001 $28,300,000 -Task completion percentage cannot be determined Note: "'-Design Services are based on cost estimates from Cost and Schedule Evaluation-Sept.2007 Draft Report A This amount is reduced due to the elements provided in other budget items B Lump Sum Payment for Title Transfer Joint Funding Agreement reement-4th Amd Exhibit B 2008 1-10.xisBudget Elemdnts 2/20/2008 Draft Tualatin Basin Water Supply Project and Tualatin Project Title Transfer Payment Schedule for Title Transfer and WSP Draft Environmental Impact Statement Phase For FY08-09 -WSP-JFA 4th amendment(includes City of Tigard) Project Manager-Tom VanderPlaat Date 1/16/08 EXHIBIT B PAYMENT SCHEDULE (Based on reallocation and Percentage Share) Water %Share Total FY08-09 FY08-09 FY08-09 FY08-09 FY08-09 Allocations Costs Qtr1 Qtr 2 Qtr 3 Qtr 4 Total Jul-Sep Oct-Dec Jan-Mar Apr-Jun Ac-ft MGD 100.0% 20.0% 30.0% 30.0% 20.0% 100.0% Water Quality*" Clean Water ServiceE 13,000 35.3 22.81% $4,926,316 $985,263 $1,477,895 $1,477,895 $985,263 $4,926,316 M&1•"* City of Tigard 8,000 14.5 14.04% $3.031,579 $606,316 $909,474 $909,474 $606,316 $3.031.579 TVWD*"'* 23,000 41.6 40.35% $8,715,789 $1,743,158 $2,614,737 $2,614,737 $1,743,158 $8,715,789 City of Hillsboro 11,000 19.9 19.30% $4,168,421 $833,684 $1,250,526 $1,250,526 $833,684 $4,168,421 City of Beaverton 2,000 3.6 3.51% $757,895 $151,579 $227,368 $227,368 $151,579 $757,895 City of Forest Grove 0 0.0 0.000% $0 1 $0 $0 $0 $0 $0 Total M&I 44,000 79.6 77.19% $16,673,684 $3,334,737 $5,002,105 $5,002,105 $3,334,737 $16,673,684 Sub Total 57,000 114.9 100.00% $21,600,000 $4,320,000 $6,480,000 $6,480,000 $4,320,000 $21,600,000 WQ(exisiting) 12,618 22.8 M&I(existing w/LOC) 14,000 25.3 *Inactive(Dead)Storage Irrigation 27,022 **CWS demands based on 120 day season Fish and Wildlife '**M&I Demands based on 180 day season Recreation* 6,900 ***"Note-Sherwood Shares transferred to TVWD(2000 af) Flood Management Note:The Cities of North Plains,Cornelius and Banks elected Total(active storage) 110,640 not to sign the Joint Funding Agreement(JFA)-2nd amendment. Cities of North Plains and Cornelius shares were transferred to Total Storage 117,540 $21,600,000 City of Hillsboro City of Banks shares were allocated proportionally to all Partners under the Joint Funding Agreement-Second Amendment. Cities of Tualatin and Sherwood have decided not sign the JFA-3rd amendment and their shares will be allocated to TVWD. Clean Water Services will agree to provide Forest Grove option to purchase 1,500 of at a future date. Higher Pool Level-The water demand will require a dam raise of 42 feet(WSL 345.3)to meet the new supply of 57,000 acft. Joint Funding Agreement-4th Amd Exhibit B 2008 1-10.xlsPayment FY 08-09 w.tigard 1 2/20/2008 Draft Tualatin Basin Water Supply Project and Tualatin Project Title Transfer Payment Schedule for Title Transfer and WSP Draft Environmental Impact Statement Phase For FY08-09-WSP-JFA 4th amendment(without City of Tigard) Project Manager-TomVanderPlaat Date 1/16/08 EXHIBIT B PAYMENT SCHEDULE (Based on reallocation and Percentage Share) Water %Share Total FY08-09 FY08-09 FY08-09 FY08-09 FY08-09 Allocations Costs Qtr1 Qtr 2 Qtr 3 Qtr 4 Total Jul-Sep Oct-Dec Jan-Mar Apr-Jun Ac-ft MGD 100.0% 20.0% 30.0% 30.0% 20.0% 100.0% Water Quality"" Clean Water Service 16,500 44.8 31.13% $6,724,528 $1,344,906 $2,017,358 $2,017,358 $1,344,906 $6,724,528 M&I City of Tigard 0 0.0 0.00% $0 $0 $o $0 $0 $0 TVWD"" 23,0001 41.6 43.40% $9,373.585 $1,874,717 $2,812,075 $2,812,075 $1,874,717 $9.373,58511 City of Hillsboro 11,500 20.8 21.70% $4,686,792 $937,358 $1,406,038 $1,406,038 $937,358 $4,686.792 City of Beaverton 2,000 3.6 3.77% $815,094 $163,019 $244,528 $244,528 $163,019 $815,094 City of Forest Grovo 0 0.0 0.00% $0 1 SO $0 $0 $0 $0 Total M&I 36,500 66.1 68.87% $14,875,472 $2,975,094 $4,462.642 $4,462,642 $2,975.094 $14,875,472 Sub Total 53,0001 110.8 100.00% $21,600,000 $4,320,000 $6,480,000 $6,480,000 $4,320,000 $21,600,000 WQ(exisiting) 12,618 22.8 M&I(existing wlLOC) 14,000 25.3 'Inactive(Dead)Storage Irrigation 27,022 "CWS demands based on 120 day season Fish and Wildlife ""M&I Demands based on 180 day season Recreation' 6,900 """Note-Sherwood Shares transferred to TVWD(2000 af) Flood Management Total(active storage) 106,640 Total Storage 113,540 $21,600,000 JFA Partners Notes:The Cities of North Plains,Cornelius and Banks elected not to sign the Joint Funding Agreement(JFA)-2nd amendment. Cities of North Plains and Cornelius shares were transferred to City of Hillsboro City of Banks shares were allocated proportionally to all Partners Partners under the Joint Funding Agreement-Second Amendment. Cities of Tualatin and Sherwood have decided not sign the JFA-3rd amendment and their shares will be allocated to TVWD. Clean Water Services will agree to provide Forest Grove the option to purchase 1,500 of at a future date. Lower Pool Volume-The water demand will require a dam raise of 40 feet(WSL of 343.0 ft)to meet the new supply of 53,000 acft. Payment FY08-09 wo-TigardJoint Funding Agreement-4th Amd Exhibit B 2008 1-10.xis 2 2/20/2008 Submitted at the IWB Meeting By: Denni-s /Cat lkl-me_fef- 650- Water Date: 3 8 Agenda Item No.: � Projected vs Change from Actual Revised Budget Projected Requested Budget Prior Year 2005_-r6 2006-07 2007-08 2006-07 2007-08 2007-08 2008-09 2007-08 2008-09 Personal Services Salaries-Full Time 700,314 814,313 399,506 822,352 858,077 858,07 852,49 0.0% -0.7 0/ Salaries- Part Time Salaries-Temporary Salaries-Overtime 18,865 17,771 9,329 25,500 25,500 22,000 25,00 -13.7% -2.0°/ Incentive Pay Employee Benefits 289,515 361,737 176,543 358,633 396,884 396,88 409,19 0.0 0/0 3.1 0/ Accrued Vacation 17,567 23,205 Personal Service 91,026,261 1,217,026 585,377 1,206,485 1,280,46 1,276,961 1,286,68 -0.3% 0.5 Materials and Services Professional/Contractual Services 90,942 197,887 97,034 316,050 529,120 529,12C 538,02C 0.0% 1.7 0/ Legal Expenses 10,00C 0.0°/ Repairs and Maintenance 204,009 179,590 159,766 138,100 161,200 -100.00/0 -100.0°/ Small Tools&Equipment 13,040 20,459 8,056 15,660 17,020 16,50 15,30 -3.1% -10.1 °/ Office Supplies 8,168 5,101 3,299 8,835 4,500 5,50C 5,50C 22.2% 22.2 0/ Special Department Expenses 5,729 2,482 3,919 8,600 8,700 6,OOC 6,70 -31.0% -23.0°/ Advertising&Publicity 11,170 10,563 1,486 47,700 48,800 48,OOC 47,10 -1.6% -3.5°/ Dues&Subscriptions 6,395 4,388 6,002 9,679 9,919 9,80 5,82 -1.2% -41.3 °/ Fees and Charges 23,134 29,869 11,715 1,42C 1,43 0.0% 0.0°/ Travel and Training 3,965 7,836 4,091 9,030 11,30 9,00 8,17 -20.4% -27.7 0/ Fuel 25,378 25,560 14,333 25,000 25,30 2 8,00 0 33,00 10.7% 30.4 0/ Rents and Leases 316 338 471 3,500 3,000 2,00C 3,00 -33.3% 0.0°/ Utilities 3,799 3,064 715 8,100 8,72 -100.0% -100.0°/ Telecommunications 4,281 5,628 2,715 8,50 8,44 0.0% 0.0°/ Insurance Auto Insurance Liability Insurance Flood and Pollution Insurance Property Insurance Bad Debt Expense 899 633 564 2,OOC 2,00 0.0% 0.0% Computer Hardware and Software 12,263 708 5,15C 2,OOC 0.0% 0.0% Property Damage 360 60 500 50 35 50 -30.0% 0.0% Depreciation Expense Water Purchases 3,554,441 2,450,295 1,220,91 3,806,940 3,441,832 3,100,00q 3,507,41 -9.9 0/0 1.9% Jaime Marshall 1 of 2 3/20/2008 11:43 AM 4ftr Water Sampling 45,734 50,983 8,567 75,OOC 71,60C 0.0% 0.00 Repairs&Maintenance-Facilities 9,OOC 5,OOC 0.0% 0.0°/ Repairs&Maintenance-Valves 11,00C 12,OOC 0.0% 0.0°/ Repairs&Maintenance-Reservoir 9,OOC 9,OOC 0.0% 0.0% Repairs&Maintenance-Grounds 8,50 8,00 0.0% 0.0°/ Repairs&Maintenance-Pump Station 7,60C 9,00 0.0% 0.0°/ Repairs&Maintenance-SCADA 5,00C 6,OOC 0.0% 0.0% Repairs&Maintenance-Wells 20,OOC 17,45 0.0% 0.0°/ Repairs&Maintenance-Meters 12,50C 15,00 0.0% 0.0% Repairs&Maintenance-Service Lines 8,50C 7,70 0.0% 0.0% Repairs&Maintenance-Regulators 8,50 7,50 0.0% 0.0°/ Repairs&Maintenance-Fire Hydrants 28,00 12,OOC 0.0% 0.0°/ Repairs&Maintenance-State Marine B Repairs&Maintenance-Vehicles 35,00 25,00 0.0% 0.0°/ Repair&Maintenance-Water Lines 80,00 50,00C 0.0% 0.0% Utilities-Water/Sewer/Stormwater 3,80C 4,OOC 0.0% 0.0°/ Utilities-Electricity 190,OOC 231,05C 0.0% 0.0°/ Utilities-Natural Gas Books&Circulation Materials Election Expenses Materials and Service 94,001,759 3,006,999 1,544,3SSI 4,397,694 4,269,91 4,282,74 4,684,695 0.3% 9.7 Capital Outlay Buildings and Improvements Vehicles 52,395 150,000 106,000 102,50 -3.3% -100.0% Furniture and Equipment 1,545 19,580 15,750 17,500 13,00 100.0% -25.7°/ Technology 50,67 0.0°/ Equipment Reserves Capital Outla 1,545 71,975 165,750 123,500 102,50 63,67 -17.0% -48.4 Tot 15.028.020 4.225.570 2.201.710 5.769.929 5.673.87 5.662.20 6.035. -0.2% 6.4 #of F*No acce #No acce #No acce #No acce #No acce #No access #No access #No access #No access Jaime Marshall 2 of 2 3/20/2008 11:43 AM Submitted at the IWB Meeting By.. Lwyr City of Tigard Date: _3 " DDS Agenda Item No.: S� Project Totals within Funding Source Water CIP Budget Estimated 2007-08 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 10MG Transfer Pump Station Upgrade 50,000 50,OOC 3,050,000 700,000 550' Reservoir No. 1 0 0 0 200,00 550'Zone 12 Inch Canterbury Loop 0 0 789,000 50,000 550'Zone 18 Inch Canterbury Supply L 0 0 1,750,000 100,000 550'Zone Reservoir No. 2 and Supply 4,400,000 4,400,OOC 3,000,000 ASR 3 300,000 300,000 1,500,000 300,000 ASR 4 0 0 ASR Expansion Studies 810,00C 810,OOC 50,000 850,000 850,000 Burnham Street Reconstruction 450,000 Commercial St Improvements(Main to 120,000 High Tor Pump Station Rebuild 150,000 1,000,000 JWC Raw Water Pipeline 90,OOC 10,00C 1,500,000 2,970,112 2,970,112 Long Term Water 3,031,579 3,971,930 6,972,632 14,470,175 13,894,73 Menlor Tank Re-Circulation System 45,000 Pipe Replacement(Commercial St.) 135,000 135,0 Reservoir Seismic Upgrades 0 450,000 187,000 Scoggins Dam/Tualatin Water Supply 400,000 200,00C 0 0 0 0 Water Conservation Demonstration Gar 50,000 26,50 125,000 Waterline Extension(Ash Ave.) 40,000 Total Proje 6,235,00q 5,631,500 12,041,579 10,449,042 14,631,744 14,620,175 14,094,73 Ending Funds Availabl 2,649,171 3,252,671 10,091,518 193,655 17,066,287 1,695,952 934,72 i Distributed to IWB Members 3-2D'OB Via: ❑E-mail ❑Mail XIn-person at meeting 2 U 3 4 IN THE CIRCUIT COURT FOR THE STATE OF OREGON 5 IN THE COUNTY OF WASHINGTON 6 TIGARD WATER DISTRICT,a political Case No: 7 subdivision of the State of Oregon; CHARLES RADLEY,JULIE RUSSELL, SUMMONS 8 BERT CORNICK, KEN HENSCHEL, 9 AND KINTON FOWLER, as individuals an acting in their official capacities as the Tigard RECEIVED 10 Water District Board of Commissioners, MAR 14 2008 11 Plaintiffs, 12 V. Cajllnit attol A 13 THE CITY OF TIGARD,an Oregon municipal corporation; 14 Defendant. 15 16 TO: City of Tigard 17 13125 SW Hall Blvd. Tigard, OR 97223 18 19 You are hereby required to appear and defend the complaint filed against you in the above- 2o entitled cause within thirty (30)days from the date of service of this summons upon you, and in case 21 of your failure to do so, for want thereof;plaintiffs will apply to the court for the relief demanded in 22 the complaint. 23 24 George W. Mead, OSB #92396 25 Attorney for Plaintiffs 26 Page 1- Summons MEAD SMFTH,P.C. Attorneys a(Low 1672 wlleawne Falls Drive,Suite D West Linn,OR 97069 (503)636-3660 Fax:(503)636-2797 Email:infoQmeadsmith.com I NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! 2 You must "appear" in this case or the other side will win automatically. To "appear" yo 3 must file with the court a legal paper called a "motion" or "answer". The "motion" or "answer' 4 must be given to the court clerk or administrator within 30 days along with the required filing fee. I 5 must be in proper form and have proof of service on the plaintiffs attorney or, if the plaintiff doe 6 not have an attorney,proof of service upon the plaintiff. 7 If you have any questions,you should see an attorney immediately. If you need help finding 8 an attorney, you may call the Oregon State Bar's Lawyer Referral Service at(503)684-3763 or toll - 9 free in Oregon at(800)452-7636. 10 The undersigned hereby certifies that the foregoing is an exact and complete copy of the 11 original Summons in the above-entitled cause. 12 13 14 George W. Mead, OSB #92396 15 Attorney for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 Page 2- Summons MEAD SMITH,P.C. Aawnryr at Ln 1672 Willamene Falls Drive,Suite D W eamo LiOR 97068 (503)636-3660 Fax:(503)636-2797 Email:inro@meadsmilh.can I TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS: 2 You are hereby directed to serve a true copy of this Summons mentioned herein upon the 3 defendant, and to make your proof of service upon a separate document, which you shall attach 4 hereto. 5 6 - eorge W. Mead, OSB #92396 7 Attorney for Plaintiffs 8 9 10 Post office address at which papers in the above matter may be served by mail: 11 12 George W. Mead, OSB 492396 MEAD SMITH,P.C. 13 1672 Willamette Falls Drive, Suite D West Linn, OR 97068 14 Telephone: (503) 636-3660 IS Facsimile: (503) 636-2797 16 17 18 19 20 21 22 23 24 25 26 Page 3- Summons MEAD SMITH,P.C. Aaorw"at low 1672 Willamette Falls Drive,Suite D W est Linn,OR 97066 (503)636.3660 Fax:(503)636-2797 Email:info®meadsmith.com 1 T1 Ui;Y:r 7f: 2 3 4 5 IN THE CIRCUIT COURT FOR THE STATE OF OREGON 6 IN THE COUNTY OF WASHINGTON 7 TIGARD WATER DISTRICT,a political Case No: C 0 8164 3 C. V. 8 subdivision of the State of Oregon; CHARLES RADLEY,JULIE RUSSELL, COMPLAINT 9 BERT CORNICK, KEN HENSCHEL, AND KINTON FOWLER, as individuals an (Violation of Oregon's Public Meetings Law, 10 acting in their official capacities as the Tigard ORS 192.680(2); 11 Water District Board of Commissioners, Demand for Declaratory Relief; 12 Plaintiffs, NOT SUBJECT TO MANDATORY 13 V• ARBITRATION) 14 THE CITY OF TIGARD, an Oregon municipal corporation; 15 Defendant. 16 17 18 For its claims for relief against Defendant City of Tigard,Plaintiff Tigard Water District 19 and Plaintiffs Charles Radley, Julie Russell,Bert Cornick, Ken Henschel, and Kinton Fowler 20 state and allege as follows: 21 I.PARTIES 22 1. 23 At all times relevant hereto, Plaintiff Tigard Water District was an Oregon special 24 district, formed under ORS Chapter 198,authorized and operated under ORS Chapter 25 264, and located in Washington County, Oregon. 26 1 -COMPLAINT MEAD SMITH,P.C. Aaorneys at Law 1672 wllamette Falls Drive,Suite D West Linn,OR 97069 (503)636.3660 Fax:(503)636.2797 End:Btfo@meadsmith.com 1 2. 2 At all times relevant hereto, Plaintiffs Charles Radley,Julie Russell, Bert Cornick, 3 4 Ken Henschel,and Kinton Fowler were electors and residents within the geographical 5 service boundaries of the Tigard Water District. 6 3. 7 s Beginning July 1,2007,to present, Plaintiffs Charles Radley,Julie Russell, Bert 9 Cornick, Ken Henschel, and Kinton Fowler comprise the elected board of commissioners 10 ("Current Board") of the Tigard Water District. 11 4. 12 At all times relevant hereto, Defendant City of Tigard was an Oregon municipal 13 14 corporation, located in Washington County, Oregon. 15 5. 16 At all times relevant hereto, up to and including June 30, 2007, George Rhine, 17 Beverly Froude,and Janet Zeider("Former Board"),along with Plaintiff Charles Radley, 18 comprised the elected board of commissioners of the Tigard Water District. Pursuant to 19 ORS 192.680(2), any person affected by a decision of a governing body of a public body 20 may commence a suit in the circuit court of the county in which the governing body 21 ordinarily meets, for the purpose of requiring compliance with ORS 192.610 to ORS 22 23 192.690. As resident individuals and elected commissioners of the District, Plaintiffs 24 Radley, Russell, Cornick, Henschel and Fowler, like other customers and residents of the 25 District, were, and likely will to continue to be, affected by these decisions of the Former 26 Board, because such decisions divested the District of a substantial portion of its assets 2—COMPLAINT MEAD SMITH,P.C. Amonseys at Law 1672 Willamette Falls Drive,Suite D West Linn,OR 97068 (503)636.3660 Fax:(503)636.2797 Email:info@meadsmith.com I and virtually eliminated the District's ability to prevent the sale of such assets regardless 2 of its ownership interest. Thus, District residents are, or could become, disenfranchised 3 from decisions affecting the operation, control, and financial health of the District. 4 H. GENERAL ALLEGATIONS 5 6. 6 This action challenges the validity of a public meeting held by the Former Board of the 7 Tigard Water District on June 25,2007. Because it is being commenced within 60 days from the 8 date of the challenged meeting,the action is timely brought under ORS 192.680(5). 9 7. 10 Effective January 1, 1994, the City of Tigard and the Tigard Water District("the 11 12 District's entered into an Intergovernmental Agreement("IGA") for the Delivery of 13 Water Service to Territory within the District Boundaries. Since the effective date of the 14 agreement,the City of Tigard has assumed responsibility for providing water to residents 15 within the geographic area of the District 16 8. 17 The District continues to operate as a separate governmental entity, representing 18 the unincorporated areas served through the Agreement. The District holds regular board 19 elections, conducts regular monthly board meetings, and is subject to the requirements of 20 the Oregon Public Meetings Laws, ORS 192.610 to 192.710. 21 22 9. 23 Under section 7F of the Agreement,in exchange for compensation from the 24 District,the City of Tigard is required"to assist the District in preparation of budgets, 25 organization, and noticing of meetings and other administrative duties at the request of 26 3-COMPLAINT MEAD SMITH,P.C. Attorneys at Law 1612 "amen Falls Drive,Suite D West Linn,OR 97068 (503)636-3660 Fu:(503)636-2797 Email:info®meadsmith.com i I the District." [Emphasis added]. Thus, the City of Tigard is contractually responsible for 2 complying with public meetings notice requirements on behalf of the District. 3 10. 4 ORS 192.640 requires that"[t]he governing body of a public body shall provide 5 for and give public notice, reasonably calculated to give actual notice to interested 6 persons including news media which have requested notice, of the time and place for 7 8 holding regular meetings." 9 11. 10 ORS 192.640 also requires that"the notice shall also include a list of the principal 11 subjects anticipated to be considered at the meeting, but this requirement shall not limit 12 the ability of a governing body to consider additional subjects." 13 12. 14 On June 21,2007, a notice appeared in the Southwest Weekly section of The 15 Oregonian newspaper, reading as follows: "Water Board: 7 p.m., conference room, 16 Tigard Public Library, 13500 S.W. Hall Blvd." The notice comes under the heading, 17 18 "Tigard,"located in the section titled "CITIES: CIVIC CALENDARS." The notice did 19 not include a proposed agenda nor otherwise describe any topic to be discussed at the 20 June 25th meeting. 21 13. 22 On June 25,2007, at 7 p.m., the Former Board of the District held its regular 23 monthly meeting. Four members of the Board were in attendance. One Board position 24 had been vacant since February 2007. 25 26 4-COMPLAINT MEAD SMITH,P.C. Atlwner at Law 1672 Willuneae Fella Drive,Suite D Wert Lino OR 97068 (50))636.3660 Fax'(503)63&2797 Email-info®meadsmidh.com i 1 14. 2 Upon information and belief, The City of Tigard failed to deliver any notice to the 3 Oregonian or any other newspaper, as required by the IGA. At the June 25 meeting, a 4 member of the City staff responsible for sending such notices stated that meeting notices 5 for the District are"never" sent to the newspaper. 6 15. 7 s The Southwest Weekly portion of The Oregonian, noted above, covers the cities 9 of Tigard,Tualatin, and Sherwood, and is not delivered to all residents served by the 10 District, who are in unincorporated Washington County. It also is not distributed within 11 the Beaverton School District, where approximately 1,000 of District's residents reside. 12 The June 21 notice published in The Oregonian included no reference to the website 13 maintained by the City of Tigard or the District. 14 16. 15 On or about June 20,2007, a proposed agenda for the June 25, 2007 meeting was 16 posted on the City of Tigard's website. There is no direct link from the City of Tigard 17 18 website to the District's meeting information. Thus, any notices published on the City of 19 Tigard website did not reasonably give actual notice to interested persons including news 20 media which have requested notice, of the time and place for holding regular meetings. 21 17. 22 Defendant City of Tigard failed to give adequate notice in one or more the 23 following particulars: 24 • The City of Tigard did not"provide for or give" any notice at all to any 25 publication(ORS 192.640). 26 5-COMPLAINT MEAD SMITH,P.C. Attormgr at Lar 1672 Willamene Falls Drive,Suite D West Lam,OR 97068 (503)636-3660 Fax:(503)636.2797 F.md:infb@n=smith.c= i 1 • The Oregonian notice comes under the heading"CITIES," and is not 2 "reasonably calculated to give actual notice to interested persons including 3 news media which have requested notice" of meetings of the Tigard Water 4 District. Further, due to its vagueness, it gives no "general notice to the 5 public at large." 6 7 • The notice fails to specify whether the meeting is that of the Tigard City 8 Council, the Tigard Water District,the Intergovernmental Water Board; or 9 some other water board. 10 . The notice fails to specify an agenda, and thus does not"include a list of 11 the principal subjects anticipated to be considered at the meeting," (ORS 12 192.640). 13 • The notice appeared in a newspaper that is not distributed to all District 14 15 residents. Such residents are both the public at large, and, potentially, 16 "specifically interested persons,"and thus the June 21 notice was not 17 "reasonably calculated"to reach the District's constituency. 18 18. 19 At the June 25th meeting, the Former Board,entertained three material agenda 20 items, which agenda items had not been publicly disseminated prior to the meeting: 21 • It approved the District's budget for fiscal year 2007-08; 22 • It approved a change in the ownership of two parcels of real property; 23 24 previously belonging to the District; and 25 • It approved a resolution amending the 1994 Agreement to substantially 26 modify the voting procedure for all future decisions relating to the 6-COMPLAINT MEAD SMITH,P.C. Atmmer of Law 1672 Willamette Falls Drive,Suite D West Linn,OR 97068 (503)676-3660 Fax:(503)636.2797 Snail:info@meadsmith.com 1 disposition of such properties, from unanimous approval to approval by 2 three out of four of the governmental entities on the Intergovernmental 3 Water Board. This change to the Agreement essentially deprived any 4 one member of the Intergovernmental Water Board, including the 5 District, of its right to veto such disposition. 6 7 19. 8 At the June 25th meeting, Former Board members Rhine,Froude, and Zeider 9 were informed by Clark Balfour, an attorney hired by the District, that the meeting might 10 not be proper due to failure to provide proper notice. Regardless,the Former Board 11 continued to take action on the matters before them. 12 20. 13 Pursuant to ORS 192.695, when a Plaintiff presents prima facie evidence of a 14 violation of the open meetings law, the burden to prove that the provisions of ORS 15 192.610 to 192.690 were complied with shall be on the governing body. Because the 16 17 City of Tigard is contractually responsible for publishing meeting notices for the District, 18 the City of Tigard has the burden to prove that notice requirements of ORS 192.640 were 19 satisfied. 20 WHEREFORE,Tigard Water District, and Plaintiffs Radley, Russell, Comick, 21 Henschel and Fowler, as individuals and acting in their official capacities as members of the 22 Current Board of Commissioners of the Tigard Water District, demand as follows: 23 (1) That this Court find that the meeting of the Former Board of the Tigard Water 24 District held June 25, 2007,was an improper public meeting due to failure of the 25 City of Tigard to comply with meeting notice requirements of ORS 192.640, and 26 7-COMPLAINT MEAD SMITH,P.C. Aaomeyt at Law 1672 Wiftmene His Drive,Suite D West Lino.OR 97066 (503)636.3660 Fu:(503)636.2797 Email:infa@meadsmidi.com I that any decisions made at such meeting were in violation of ORS 192.610 to 2 192.690. 3 (2) That any decisions made by the Former Board be declared voidable under ORS 4 198.680(1), and thus be subject to reconsideration and reinstatement by the 5 Current Board. 6 (3) That if this Court finds a violation of ORS 192.680(3),that the Court require the 8 Defendant City of Tigard,as the party responsible for failing to publish required 9 meeting notices,to pay reasonable attorney fees at trial and on appeal,pursuant to 10 ORS 192.680(3). 11 DATED this 13''day of March, 2008. 12 ME TH, P.C. 13 14f An eorge W. Mead, OB 49239d3 15 Mead Smith P.C. 16 Trial Attorney 17 Eileen G. Eakins#944612 Law Offices of Eileen Eakins, LLC 18 Attorneys for Plaintiff, 19 Tigard Water District 20 21 22 23 24 25 26 8-COMPLAINT MEAD SMITH,P.C. Amorneys d Law 1672 Wdlametre Falls Drive,Suite D Wert Linn.OR 97068 (503)6363660 Fu:(503)6362797 Email:info@meadsmilh.com TIGARD WATER DISTRICT STATEMENT REGARDING LITIGATION As you may be aware,there have been recent news reports that the lawsuit filed by the Tigard Water District against the City of Tigard, leading to an improper board meeting which occurred on June 25,2007,was recently dismissed. There have been reports by the City of Tigard that this dismissal"was with prejudice,"and was the result of the failure by the District to make a timely appearance. For purposes of correcting the record,the dismissal was a result of Tigard's failure to file it motions against the Complaint,as it had represented it would for several weeks, resulting in an administrative dismissal. Although the court declined to allow reinstatement,the District filed within two days and has already served the City of Tigard's counsel. Moving forward,it is the District's intent to rigorously pursue its legal remedies in resolving the issue regarding the improper meeting of June 25, 2007. Nothing about the dismissal in any way effects the District's membership,or participation in IWB meetings. If you have any additional questions,you can address them to the District Commissioner Chair, Ken Henschel at(503) 579-8375 Submitted at the IWB Meeting By: C 6-M/n i s s;6-k-c-/-- �it ss LL(— Date: J-.26-D g Agenda Item No.: Distributed hn |VVBMembers Via: E-mail Mail X|D-p9[S0D at meeting Potential Reclaimed Water Use For Downtown Tigard Improvements Statement of our Request Current Examples of Reclaimed Water Use Potential /ssues Alternative Ideas/Options Further DiscussionlQuestions Potential Reclaimed Water Use For Downtown Tigard Improvements INTRODUCTION Need to use Reclaimed Water from Clean Water Services (CWS) Durham Treatment Plant in the City of Tigard. Describe the various applications of Reclaimed Water from Durham Treatment Plant as related the" Downtown Tigard redevelopment. Discuss the impact of a "Green Downtown Tigard, the potential cost reduction for citizens and extreme need as our water supply vanishes. Provide a concept of how to redirect the existing Reclaimed Water from the Durham Treatment Plant to Fanno Creek and Downtown Tigard. � Potential Reclaimed Water Use For Downtown Tigard Improvements Examples of Reclaimed Water Use "The(CWS)facility provides the most advanced level of treatment in the nation—higher than 98 Clean Water Services percent of the facilities in the nation—and includes preliminary screening, prima3y,,,§econdary and tertiary treatment, and biosollft processing." x, 1 � "The (CWS) facility cle pre than 20 million gallons of wastewater , `y to among the hig�rest , safety and quality standards in the nation" MOST OF IT, ItARGES INTO THE H. Potential Reclaimed Water Use For Downtown Tigard Improvements Examples of Reclaimed Water Use Many Uses of Reclaimed Water 3 , For Example i } Fire Fighting M. i� Street Cleaning and Car Washing' ,fff ,€t ,, Augmenting the Flow of Fanno Creek ' ' f,€ € ;M$ . €if x *fl!" Any use that does not require Potable Water M.i -€i emonncgs** AA t,$I 2 Ageda Ilem l.Infermatiomal Item: Recycled Watt the Proposed Rule Febmry 21-22__#W EQf Meeting ;em •d Water Use Projects in Oregon SW--A 0-can mow"wi or Irrigation-Golf(otrr.w and Plant f•idds oucey Nw)Twest Region Clean A,ater Sen•ices-Durham lSummcrfieWRolfcou Kin lfcnuand'1"unlatin ; �,KingCity!fi roe Country Club golfcotrse) Clean Water Services-Durham (Tigwd high school and Durham dtmetrtan•sch vi plavnrc hello) Western Rtsim City afBandon 4 Bandon Dunes gn tf course) City orfCave Junctim(Illinois Valley golf course) City of Cottage Grove Middlefield gr if course) City of Myrtle Creek 1 WTtk Creek golf course) City of Newberg IChehalem Glenn golfcots —planmrrg agree City of Salem lWillow Lake Golf Center and Dri%inc Rangel City of5rahQlin10ak Knoll gnlfcoume) _ North Valley High School.Grants Pa_s<(playmg field) Eactctrr Region City of Heppner(Willow Creek Country C hrb) City of Madras(Desert Peaks golf course-cin•owned) City of Prineville(Meadow L-rkes gnif course-city,owned) Srmrr yr Utilities(Suwwcr golfcourse) s's r Irrigation-Landscape(inn-re-sddential) Northwest Remon a r�na v g a? u City of Molalls Western Reim City of l-Acnide Delphian School.Sheridan Eastern Region ---- Brasada Ranch Recon.Redmond Iplam inc stagcl City of Hernnstan City ofRedinmd City of Union ConAgta FoodsIformerly Lamb Vvcstonl.Helltristm(suhsurface drip) :.....:............,........,, a Crrecn Acres RV Park,Irngon Istrbswfa¢drip) Remington Ranch Destnatt n Resort-PrincOlklplantung stare) Thornburgh Resort.Redmond(planning stage) �0 Attadtment A Page 1 ofd ............ .. .. ....... .. u� .Mit•sra�� .� Agenda Item L Infornu6«a1 kem: Recycled Water Use Proposed Rules Febttury 21-221 2008 EQC Meeting Rev,cled%N Mer Uw Pro ects in Oregon /rrization-Pauurr Nmtfm,cst Region Carp Riles,Warearton City ofMolalla• Cassclmmn's Cos Marina,Portland NOrd-m Bay Wastewater Agency H`estetn Region Butlards Beach State Pads.Bandon(Oregon Parks and Recreation Department) City of Adair Village City o(Cteswell City d'Drain City of Dundee City ofHnrrishurg City ofJurctm City City of Medford City ofMorancuth City afOaklaad City ofShady Cove City of Sheridan Emerald Valley Resort,Creswell Enngrant LakeRecreutim Arca Fleming Middle School.Malin Hidden Valley High SchonL Giants Pass I Teri of school ctarmculuml Hyatt Lake Recrmtion Site(US BLb4) Oakland Depot R V Park.Oakland X15: Pacific High Sclwol.Port Orford . . u r� Rogue Riser Sts ePail L.L.'Stub'Stewart Memonal State Park,Buxtm Eatem Region City of Athena(pknrmmg stage-expect completion in 2(1)91 City of$omArnan .,:.�......:.........:..::... :. City of SmarQa City of Btatu .: 2222 City ofCcindon ::..........::..:.::.....:.....:.. ..:ii City ofCavc City of Culver City ofDaysille(ptxrnitted.norcurrently acing} City ofDufur City ofElgin City of Few I City of Haines City of Halfway City afHeppncr" City of Hermi sten City of Hmex Attsdnnsnr A ?age 2 of4 Agenda Itm 1.Inkanatioml Item: Recycled Water Use Proposed Rules FtbnnTy 21-22.200&EQC Meetin c City ofbrrdan Valley City afJczocph City of Lakeview City of Long Creek(permitted notcurrontly ming) City of Madms' City of Malin City of Merrill City ofMctolius +:wrww�wns City of Milton-Freewater City of Momrmem City of Moro City of North Powder City of Nyasa(project to be canVk-wd in 28118) City ofOntano City of Princrillc' City ofRcdn and' City of Spray(planning tm-el City of Ukiah City of Vale City ofWasco City of Weston tproject to be completed in 2809) Eagle Crest Master Association,Redmond La Pine Sanitary District Omgcn Watcr Wondcrdm Unit 11,Bend River Meadow-,Lit PIM lrriRadoa—Tre^lirther Northwest Rcon Arch Cape Sanitary District Clean W atcr Services-Rock Cmek(Dams Tool pmpctty) PGE Ptnmotitor} Pads.Estacada(cantrogtd access) Silver Fox RV Pack.Estacada(controlled access) Western Reg ion � 1 City of Butte Falls Cin'afOakndcc AMR k�f City of W(x)dbnan ti! gg 7 , Metropolitan Wastewater Management Cortanicsion(MWMQ,Eugeowspnngfield Stmsct Bay State Park.Coat Bay flkegon Parke and Recam ion.DepmInwnt) � Estero Reeion ald�HE" City of Echo 7(i" N. City of Entetprise(permitted notyet deticlopad) : City ofirrigon t City of Prairie City City of Sisters(also aMm%cd for pnsnac in the future) City ofStanfidd Attachment A Psge 3 ofd ' � Agenda Item 1,kdbrmntonalitem RecydedWater Use Proposed Rules F+beua y 21-22,2M EQC hfeetiag City of Stmtpter Dale Work Center,Dale(USFS-Umatilla National Forest) MOT-Deadmmt's Pass Rad Ama Orgm Trail loteslrretive Cavw,Baker City(US BLK Oregon Youth Challenge Program,Berl Stanfield Hutteri m Brethren.`t.anfield(permitbad,not ttrrestly using) �� liideitdv !� i t rr u sr �ttuai t l G Ch tr Northwest Rerion Clean W ater Sertiices-Durham(Cook Park wetland maitrtcuance)s sea G rF Clan Water Smices-Rock Creek(Jackson Bottom wildlife ponds)* h G Easfrxn Remon ,l 9' a5ri1k, sus i h , rr City of La Grande - Y �.GtkkG n 4 k kk4L�r d G n�rr4rnk 'y � N. i, a 7aa k /syxratrdanerrat ah a rl a G F a.ar N i" rN r r r rx x 4,I.1 'Nra �a}� ,� l�l�n x sl " rr HuR u y3�al 2 x uU�py��l Northwest Remnn Cit} of uet7Qfna( lartugAlSgt) GGnfk;,; x,;iy:i,N.a:yG.G lGtny: c"'„pR�k!•:'"Gv C:h+aC":+SIGGw"i; ibC.c:Gc:4C a3 L:a�.x !' ...' kv % :ti"iGlase" .z.NiEasten ReQot i 9 Uvy, r4N i r 1 i* K4a N iC HIM ,(a a .. City of Beth!—Pronghorn Resort G 4 a u k u Mf0.a, u C 1 b4,s V Savb6 4 CnMrtrema41 r4,1 a Northwest Rcaion �1��1 MyaN�ll6 1�P2N�h�Gk �pr�b. off'•a•7) 1„� City of Sandy(container nursery ini0io3) a, l o)r��)ib. C In 8 i9b= i».)..y»;.-.,x. Clean 1AraEa Services-Rock Cnrk(CWS plant nursery)) �H c�I H Nkx v��+.t G n ria, Greg tY_ g, ao-potable vac Snr � a,N�6h.?4q t r1M�ri� y,b G x on Health Sciences Universi South Waterfront build n Portland(.n �� �� ";°' Mimitoi bot flushing) "Q b S aaak1 eSG GUC C hi1Gi�14�'C Va C C 4 a°GJ tin Spun C.x A n C �HE!C Eastern ReQ own ak� City of Klamath Falls(cooling water at the deetrical co-generating facitity) M , G 'Hui ri rr ' «�k(«"Ai _ Now'Facilities using recycled water for mote than one bentfncial purpose. a:gilxCGC�NG�"i1��iC «GV.0 �i 1M - m'.:' a tl�.a a a( Attxhmrzt A Popp of4 hx7url - iIIG vu x "n s Potential Reclaimed Water Use For Downtown Tigard Improvements Potential Issues STIGMAI M r.. Perception of"drinking dirty water" Lack of public knowledge of the source -- - - - _- - and condition of reclaimed water. Fear of CHANGE!!!! For both the.pubhc-and indu*try. Perceived Cos Let's Talk COS6 = Potential Reclaimed Water Use For Downtown Tigard Improvements Potential Issues Lack of pre-planning before scheduling on-site work in a development project. :. Installation during project development is ��.�... cost-effective over retro-fitting existing infrastructure. Currently,the proposed water for Tigard may be over 10-miles away depending on the future water source. - 07.��_- ri�i`#� ws l tti OST to that tie ti tatei �# the CWS Durham Facility has already been paid and it is only 3-miles away from Ti gardlll` 1 f Potential Reclaimed Water Use For Downtown Tigard Improvements Alternative Ideas/Options 9 Let's bring a 3-foot PURPLE PIPE � rd ®sf Me From Point A— CWS Durham Treatment Plant KIng C1.Y , CF To Point B — Proposed Fanno Creek Park This will only happen as a joint effort which requires vital community education, open communication and responsive cooperation. Potential Reclaimed Water Use For Downtown Tigard Improvements Further Discussion/Questions i Marland Henderson 503-639-5537 or mhcon@aol.com r Distributed to IWB Members iA- 3 .0 OS Via: DE-mail kMail Oln-pe son at meeting National Park Service Office of Communications NATIONAL U.S.Department of the Interior &Public Affairs PARK SERVICE 1849 C Street,N.W Washington,DC 20240 -= 202-208-6843 phone 202-219-0910 fax National Park Service News Release FOR IMMEDIATE RELEASE—FEBRUARY 26,2008 David Barna:(202)208-6843 Colleen Flanagan:(303)969-2011 Airborne Contaminants Study Released Measurable Levels Detected in Twenty Western U.S. and Alaska National Parks WASHINGTON,DC—According to a study released by the Western Airborne Contaminants Assessment Project(WACAP),numerous airborne contaminants, including heavy metals and both current-use and North American historic-use pesticides,have been detected at measurable levels in ecosystems at twenty western U.S.and Alaska national parks from the Arctic to the Mexican border. The eight core national park areas studied were Glacier,Mount Rainier, Olympic,Rocky Mountain,Sequoia&Kings Canyon,Denali,Gates of the Arctic,and Noatak. The study was funded primarily by the National Park Service(NPS)to evaluate the potential threats to park ecosystems and likely sources of these contaminants. While the extent of the effects on wildlife depending upon fish for survival is unknown,the risk to people is considered low and varies given location,frequency and type of fish consumption. How scientific data are used to make recommendations for people's diets varies between states, as health risks associated with exposure to contaminants in select fish may be outweighed by the benefits of continued consumption of traditional foods. Most people are not likely to eat enough of the contaminated fish to be at risk. Key findings from the six-year,multi-agency study,which can be accessed at: htip:(/www.iiatLire.tips.gov/air/Studies/air toxics/wacap.cfin indicate that out of over 100 organic contaminants tested,70 were found at detectable levels in snow,water,vegetation, lake sediment, and fish. While concentrations of most of these contaminants were below levels of concern, others appear to be accumulating in sensitive resources such as fish.For some contaminants,high concentrations in fish have exceeded fish-eating wildlife and/or human health consumption thresholds in many of the eight core parks studied. Results from this project add considerably to the state of the science concerning contaminant transport and subsequent biological and ecological effects in remote ecosystems in the western U.S. "These well-documented and carefully analyzed data will provide a basis for evaluating future changes in the status of these ecosystems,"said Dr. Dixon Landers of the U.S. Environmental Protection Agency(EPA)and the project's Science Lead. The analysis of fish tissue provided a window into the contaminant situation in various parks, regardless of what fish species were sampled,said Landers.Given that the knowledge of contaminant concentrations in particular species may aid members of the public when making personal health decisions,the list of fish species sampled in lakes at the eight core parks follows: lake trout from Noatak,Gates of the Arctic,and Wonder Lake at Denali;burbot and whitefish -more- Airbome Contaminants Study Released—Page 2 of 3 from McLeod Lake at Denali;cutthroat trout from Glacier;brook trout from Olympic,Mount Rainier, Sequoia,and Lone Pine Lake at Rocky Mountain;and rainbow trout from Mills Lake at Rocky Mountain.Nevertheless,any one fish species,or lake,excluded from the above list is not necessarily exempt from contaminant concentrations of concern. Evidence suggests that the contaminants found in this study are carried in air masses from sources as far away as Europe and Asia,and as near as the local county.According to Landers,the presence of contaminants in snow is well-correlated with the proximity of each park to agricultural areas,pointing to these areas as probable major sources of these contaminants. In Alaska parks,with little nearby agriculture in the region,there are very low concentrations of most current-use compounds. However,concentrations of historic-use chemicals in Alaska systems are similar to those in the other parks sampled,suggesting greater influence from global atmospheric transport. The three contaminants of highest concern for human and wildlife health included: 1)Mercury— a heavy metal emitted through processes such as burning coal for electricity that causes neurological and reproductive impairment; 2)Dieldrin—an acutely toxic insecticide banned from use in the U.S. since 1987 that decreases the effectiveness of the immune system; and 3)DDT— an insecticide banned in the U.S. since 1972 that reduces reproductive success. Average mercury concentrations in fish from Alaska's Noatak National Preserve were above the EPA human health threshold for consumption(i.e.,adults eating 2.3 meals of these fish per month),while mercury concentrations in some fish exceeded the threshold at Gates of the Arctic, Olympic,Mount Rainier,and Sequoia&Kings Canyon National Parks. Dieldrin concentrations in fish from Rocky Mountain, Sequoia&Kings Canyon,and Glacier National Parks exceeded the health threshold for recreational fishermen(i.e.,adults eating 2.3 meals of these fish per month). Dieldrin concentrations also exceeded health thresholds for subsistence fish consumption(i.e., adults eating 19 meals of these fish per month)at all national parks,except Olympic. Average DDT concentrations in fish exceeded the human risk threshold for subsistence fishers at Sequoia &Kings Canyon and in Oldman Lake at Glacier National Park. Concentrations of contaminants in fish were also compared to health thresholds for fish-eating wildlife. Mercury concentrations in fish at all eight parks exceeded health thresholds suggested for birds,and were above mammal health thresholds at some parks. DDT concentrations in fish exceeded the fish-eating bird health threshold in Glacier and Sequoia&Kings Canyon National Parks. In Rocky Mountain and Glacier National Parks,some individual trout were"intersex"(i.e.,male and female reproductive structures in the same fish). This condition is commonly associated with exposure to certain contaminants(e.g.,dieldrin and DDT)that mimic the hormone estrogen. Because the sample size was small,however,the extent of the problem and correlation between fish reproductive effects and contaminant concentrations has not been established for parks in the study. Concentrations of current-use pesticides and other compounds,such as the commonly used flame-retardant,PBDE,were detected at Rocky Mountain and Mount Rainier National Parks,but concentrations in fish did not exceed human or wildlife health consumption thresholds. Exposure to PBDEs affects liver,thyroid and neurobehavioral development. Other participating institutions included the U.S. Environmental Protection Agency,the U.S. Geological Survey,the U.S.Forest Service,Oregon State University and the University of Washington.National park resource managers worked with scientists from the collaborating agencies to plan and conduct the WACAP study. -more- Airborne Contaminants Study Released—Page 3 of 3 For additional information on WACAP findings and implications,contact Dr. Dixon Landers at 541-754-4427 or e-mail Landers.Dixon Qepamail.epa.gov(USEPA,National Health and Environmental Effects Research Laboratory,Western Ecology Division,Corvallis,OR). -NPS- EXPERIENCE YOUR AMERICATM The National Park Service cares for special places saved by the American people so that all may experience our heritage. NPS: Nature & Science» Air Resources Division-Studies:WACAP Page I of 2 National Park Service National Park Service Nature &Science U.S. Department of the Interior It] Input search search EXPLORE AIR Nature&Science NPS*Nature&Science»Air»Studies»WACAP '•.' NPS.gov WACAP - Western Airborne Contaminants Assessment Project Overview The Western Airborne Contaminants Assessment Project Nature&Science (WACAP)was initiated to determine the risk to Air ecosystems and food webs in western national parks from Biology the long-range transport of airborne contaminants. It was Geology designed and Implemented by the National Park Service's Natural Sounds Air Resources Division in cooperation with many western Water national parks, the Environmental Protection Agency,the US Geological Survey, the US Forest Service, Oregon State University, and University of Washington. Explore Air Quality: ARIS " The project objectives were: Y Basics » Law&Policy " ■ Determine if contaminants are present in western Monitoring&Data » national parks ' Natural Lightscapes " ■ If present,determine where contaminants are Park&Refuge Maps » accumulating(geographically and by elevation) Permit Applications » ■ If present,determine which contaminants pose a � - Publications potential ecological threat Site Map ■ Determine which Indicators appear to be the most Studies » useful to address contamination Students&Teachers ■ Determine the sources for contaminants measured Sampling for Contaminants Web Cameras at the national park sites Who We Are » PDF files require the Adobe Acrobat reader to view and print. Download a FREE copy of the reader here. Parks: Nature&Science ANNOUNCEMENT: FINAL REPORT RELEASED- 26 FEB 2008 WACAP Documents Site Index Contact Nature&Science ■ Western Airborne Contaminants Assessment Project(WACAP) Fact Sheet-]an. 2008 • PDF printer(letter)version(8.5x11 pages) 50mb • PDF printer(tabloid)version(11x17 pages) 50mb • PDF screen (letter)version(8.5x11 pages)6mb ■ WACAP Final Report-]an. 2008 • Entire Report Volume I-Report(pdf, 25mb) Volume II- Appendices(pdf, 4mb) • Individual Chapters Volume I Main Report Front Cover(pdf, .3mb) Table of Contents, Abbreviations, Acknowledgements(pdf, .4mb) Executive Summary(pdf, Imb) Chapter 1 - Introduction (pdf, .8mb) Chapter 2 - Park Summaries(pdf, 10.8mb) Chapter 3- Contaminants&Methods(pdf, 1.6mb) Chapter 4 - Contaminant Distribution(pdf, 5m b) Chapter 5 - Biological& Ecological Effects(pdf, 3.8mb) Chapter 6-Conclusions(pdf, 2.9mb) References(pdf, .15mb) Back Cover(pdf, .18mb) Volume II Appendices Front Cover(pdf, .27mb) Chapter 1a(pdf, .38mb) Chapter 3a(pdf, .14mb) http://www.nature.nps.gov/air/Studies/air—toxics/wacap.cfm 2/29/2008 NPS: Nature & Science» Air Resources Division-Studies:WACAP Page 2 of 2 Chapter 3b(pdf, .6mb) Chapter 4a(pdf, 2mb) Chapter Sa(pdf, .18mb) Chapter Sb(pdf, .07mb) Chapter Sc(pdf, .14mb) Back Cover(pdf, .16mb) ■ Western Airborne Contaminants Assessment Project(WACAP) Fact Sheet-Jan. 2005 • PDF letter version (8.5x11 pages)345kb • PDF tabloid version(11x17 pages)427kb ■ Western Airborne Contaminants Assessment Project(WACAP)Fact Sheet- Feb. 2004 • PDF screen version 286kb • PDF printer version 3.1mb ■ Western Airborne Contaminants Assessment Project(WACAP) Research Plan -June 2003 • PDF printer version 7.2mb WACAP Research Results ■ Articles • Natural Resource Year in Review— 2005, Determining risk of airborne contaminants to western national parks(pdf, 294kb) • Natural Resource Year In Review— 2003, Winter sampling of snowpack in eight western parks to assess deposition of toxic compounds(pdf, 67kb) • PNWCV Pacific Northwest Cooperative Ecosystem Studies Unit, Fall 2006(PDF, 555kb) ■ Posters&Presentations ■ Publications NPS Air Toxics Workshop (Seattle,WA June 2001) ■ Proceedings(PDF, 141kb) ■ Presentations&Handouts WACAP Photos • Denali NP ■ Gates of the Arctic NP ■ Glacier NP ■ Mount Rainier NP ■ Noatak NP ■ Olympic NP ■ Rocky Mountain NP ■ Sequoia NP WACAP Research in progress(password required) TOP Or PAGE U.S.Department of the Interior Accessibility Freedom of Information Act Privacy Policy Disclaimer USA.gov NPS Home updated on 02126/2008 1 hftp://www.nature-nps.gov/air/Studies/air_toxics/wacap.cfm I Email:Vwn)aste+ Please davnload the latest version of Adobe Reader .Free Download This site is best viewed in Internet Explorer 6.0 or Netscape 7.0 http://www.nattire.nps.gov/air/Studies/air—toxics/wacap.cftn 2/29/2008 N.Itional Park Service Western f the Interior Air Resources ivision Assessment Project , - Results , . rr: PROJECT OBJECTIVES •Determine If contaminants are present in western national parks •If present,determine where contaminants are accumulating(geographically and by elevation) 1 •If present,determine which contaminants pose a potential ecological threat •Determine which Indicators appear to be the most useful to address contamination s •If contaminants are present,determine the source of air masses most likely to have transported contaminants to national park sites. INTRODUCTION The Western Airborne Contaminants Assess- Ecosystem contaminants data were examined ment Project(WACAP)was initiated to in combination with other data to determine Fish samples were important ecological indicators determine the risk from airborne contaminants the probable sources of contaminants(i.e., of contaminant effects. to ecosystems and food webs in western local,regional,or global).In order to identify national parks.Analysis of the concentration potential sources of contaminants to parks,air and biological effects of airborne contami- flow patterns to parks were assessed through a nants in air,snow,water,sediment,lichen, process known as back-trajectory analysis. conifer needles,and fish was conducted from The U.S.Environmental Protection Agency, 2002 through 2007 in eight core parks in the In addition to the eight"core"parks sampled, U.S.Geological Survey,U.S.Forest Service, West and Alaska. Researchers selected six researchers identified twelve"secondary" Oregon State University,and University of west coast and Alaska parks(Noatak,Gates of parks/monuments/preserves/wildemess areas Washington worked in partnership with the the Arctic,Denali,Olympic,Mount Rainier, for more limited assessment(Bandelier,Big National Park Service on this project.The and Sequoia)and two parks in the Rocky Bend,Crater Lake,Glacier Bay,Grand Teton, information acquired will be used to enhance Mountains(Rocky Mountain and Glacier; Great Sand Dunes,Katmai,Lassen Volcanic, scientific understanding of the global fate, Figure 1).Two sites/lakes were selected for North Cascades,Stikine-Leconte Wilderness, transport,and associated ecological impacts sampling in each park,with the exception of Wrangell-St.Elias,and Yosemite). In these on sensitive ecosystems of airborne contami- Noatak and Gates of the Arctic where one site areas,vegetation samples were collected over nants in western parks. It will also help the was sampled in each,as the parks are an elevational gradient,and passive air National Park Service determine what actions adjacent, for a total of fourteen sites. sampling devices(PASDs)were deployed for may be needed to further understand,mitigate, one year for SOC analyses as a means of or communicate impacts of potential effects of Semi-volatile organic compounds(SOCs)and further enhancing spatial interpretations. contaminants in national parks. metals were the primary focus of the study. The SOCs fall into four general classes, WV a current-use pesticides(CUPS),North Ameri- , # can historic-use pesticides(HUPs), GAAR® Secondary Parks industrial/urban-use compounds(IUCs),and BAND Bandelier National Monument combustion byproducts.The rima metal of ®DEKA BIDE Biq Bend National Park YP primary CRLA Crater Lake National Park concern was mercury. �- KATU GLBA GtecW Bay National Park and Preserve -�O O g GRTE Grand Teton National Park Seven ecosystem components(air,snow, GRSA Great Sand Dunes National Pik and Preserve water,sediment, lichen,conifer needles,and KATM Katmai National Park and Preserve fish)were selected for sampling.Concentra- LAvo Lassen Volume National Pok tions of contaminants in air can be readil NOCA North Caaudes National Park Y STLE Stikine-LeConts Wilderness, compared between sites both within this study Tongess National Forest and with other studies. In many of the W"' 247r-SteEkss National Park high-altitude and/or high-latitude sites studied, Primary Parks r YOSE Yosemite National Park snow can represent a potentially major DENA Denali National Park and Preserve — pathway for input of contaminants to ecosys- GAAR Gates of the Arctic National Park >;r' and Preserve tems.Lake water samples provide an GLAC Glacier National Park OILVM� i overview of watershed chemical and physical MORA Mart Rainier National Pa,i characteristics that can help in interpreting the NOAT Nootak National Preserve no contaminants data.Lake bottom sediments OLYM Olympic National ParkROMO Rocky Mountain Nation,'P-ITk C)CRLA show historical patterns of change over time in SEKI Sequoia and Kings contaminant deposition.Vegetation samples N.nonal Parks o can be used to determine spatial gradients of contaminants,and also to provide information o (ISE about contaminants that may accumulate in O K o ecosystems through litterfall.Fish can o biomagnify contaminants in their tissues ° Wo 1000 zoo: which can result in toxic effects in the fish k'011p1Q'a themselves,and in birds,animals,and humans who consume the fish. Figura 1.WACAP sampling locations. l KEY FINDINGS Are contaminants present in western national parks? What are the contaminants, and where do they come from? Out of over 100 SOCs tested(excluding MERCURY PAHS PBDEs measured in sediments and fish),70 Mercury is a naturally occurring element,but it is also Polycyclic Aromatic Hydrocarbons(PAH)are combustion emitted from the combustion of fossil fuels(coal)and the products formed by industrial processes,wildfire, were found at detectable levels in snow, burning of hazardous wastes.Humans are primarily vehicles,and even from grilling meats.PAHs are rapidly water,vegetation,sediment,and/or fish. exposed to methylmercury which impairs neurological transformed to other chemicals in fish,wildlife,and Based on high concentrations detected, development in fetuses,infants,and children.The various humans.Some PAHS are PBT chemicals and cause bioaccumulation documented,and/or their forms of mercury are considered to be persistent. cancer and developmental and reproductive effects. toxic persistent characteristics in the bioaccumulative,and toxic(PBT)pollutants by USEPA. PBDEs DIELDRIN Polybrominated diphenyl ethers(PBDEs)are flame environment,six contaminants of highest From 1950 to 1974,dieldrin was used to control insects on retardant additives in plastics,textiles,and other materials. concern were identified for the eight core citrus,corncotton,and as a wood preservative and termite Production began in the 1970s and continues to date. park ecosystems.These are mercury, control.Most uses of dieldrin were banned in 1987 in the PBDEs are found at low levels all over the environment, U.S.and it is a PBT pollutant.Dieldrin decreases the including in biota,human tissues,and breast milk.Exposure dieldrin,DDT,PCBs,chlordane,and PAHS. effectiveness of the immune system,decreases reproduc- affects liver,thyroid,and neurobehavioral development. Other contaminants identified as a future tive success,and may cause cancer or birth defects. potential concern because they are inDDT ENDOSULFANS Endosulfan is a contact poison used to control insects current use,are present at comparatively The insecticide DDT was banned in the U.S.in 1972,and on food crops such as fruits,vegetables,and grains.It is high concentrations in vegetation,and/or along with its byproducts,is considered a probable human also a wood preservative.Endosulfan causes neurotoxic they are increasing over time in sediment carcinogen and a PBT chemical by USEPA.DDT,and its effects and is an endocrine disruptor.It is a current-use most common byproduct.p,p'-DDE,reduces reproductive pesticide in the U.S.and is persistent in the environment. cores are:PBDEs,endosulfans,chlorpyri- success. fos,and HCH. PCBs CHLORPYROFOS PCBs were used in the U.S.as hydraulic fluids, This is a broad-spectrum current-use pesticide used on plasticizers,adhesives,and fire retardants and most uses cockroaches,grubs,flies,termites,fire ants,lice, were banned in the U.S.in 1979.PCBs are PBT cutworms,etc.It is toxic to the nervous system,but it is chemicals and potential health effects include changes in unknown whether it is a carcinogen in humans. liver function and cancer. HCHs CHLORDANE Lindane(gHCH)is a pesticide that is currently used as a Chlordane was an insecticide that was used on corn, pre-planting seed treatment in the U.S.,after most other citrus,and vegetables and as a termiticide in homes.In agricultural uses were restricted in 1983.allCH is no 1988,all commercial uses of chlordane were cancelled in longer used as a pesticide in the U.S.Potential health the U.S.Chlordane is a PBT chemical and potential effects of lindane include effects on the liver and the health effects include damage to liver and cancer. nervous,cardiovascular,and immune systems. A passive air sampling device(PASD)coltects data about aftome contaminants. Where are contaminants accumulating 400 Mean Pesticide Concentration (geographically and by elevation)? in Conifer rleedles ®Histonc-Use 350 Cunent-Use Contaminants were higher near individual p Total sources or source areas.Pesticide concen- raa Detected trations for both historical and current-use compounds were highest in parks and park a 300 watersheds closest to agricultural areas. o, Concentrations of industrial contaminants c F,o (e.g.,mercury and PAHS)were highest in r parks where local/regional point sources 20 produce these contaminants. 9 Zoo The study found evidence that contaminants tended to accumulate at higher elevation t0 l^0 areas of the parks.This finding is consistent d with the concept of"cold fractionation," where some compounds move up to colder loo and colder elevations over time.This a information may help researchers select future sites in parks where higher concen- 50 t trations of contaminants may be found. Contaminants were found to differentially 0 bioaccumulate in ecosystems(higherO��aP�AS�A��SS G`gP S�L��GP O�t��O0P G���JO HOSE 5�'�- 01 '00 G�9P' concentrations in older compared to younger conifer needles and fish;3-7x Park higher concentrations in conifer needles, lichens,and fish compared to snow or Figure 2.Mean concentrations of historic-use(HCB,HCHs,chlordanes,DDT, dieldrin)and current-use water).Bioaccumulation of contaminants in (trifluralin,triallate,chlorpyrifos,dacthal,endosulfans)pesticides in two-year-old conifer needles from ecosystems has been shown in other studies, WA CAP parks. Parks are ordered,Def to right, from north to south along the Pacific Coast(DENA— SEK!),and from north to south in the Rocky Mountains(GLAC—BIBE). Current-use pesticides were not but not at these regional scales in remote detected in Alaska parks,comprised about one-third to one-half the total pesticide concentrations in ecosystems in the western U.S.Figure 2 northern Washington,and most of the pesticide burden elsewhere. Total pesticide burdens(current-use+ illustrates the geographic distribution of historic-use)were highest in national parks of Washington, Oregon, California,and Montana. pesticide concentrations in needles. 2— Which contaminants pose a potential loQO sp a• Lake tal ecological threat? 80Fish Fish Cootemlfrnt H"Ith Thfeats" for Humans and Fish-Eat.q Wildlife Lake Trout • — Human.185 rbWO Mercury,dieldrin,and DDT are the contami- 600BrabetWWWhAeflah o O _ RiwOtar 100 11109 nants found in western park ecosystems that CAW*Trout • —V"'70 rVii are likely to pose the greatest ecological _400 • BrookTreul • _ Bc#edKYgliMrar 30rgp ® threat. When mercury is biologically m app Reffbow Trout • converted to its toxic form(methylmercury), ; • it can readily bioaccumulate and biomagnify ; 200- in 00 in food chains,causing detrimental effects A on humans, fish,and other organisms.The average mercury concentration in fish too exceeded the health threshold for human z • consumption at Burial Lake in Noatak,and g some individual fish exceeded the human 1 health threshold at an additional five lakes, including Matcharak Lake at Gates of the 4 Arctic(Figure 3).Although mercury30- O deposition was relatively low in the Arctic parks(MOAT and GAAR), in-lake biological 2 processes which vary among lakes likely contributed to higher rates of mercury bioaccumulation.Mercury concentrations in t fish exceeded contaminant health thresholds 0.O ���y�.�` yea` O'A`` �t'P� ep° �Q�e ' s �' p� for fish-eating wildlife at various parks,also �pP� ��map' Gip �G'GAG' Ory �,y e �' 01C CX ,- evident in Figure 3. csr v O" R Lake Figure 3.Whole-body total mercury averages(bars)and individual fish(circles)based on wet weight from all WACAP park lakes and contaminant health thresholds for human and piscivorous wildlife fish consumption. �y The average mercury concentration in fish at NOAT exceeded the human consumption threshold,while some w� yrs fish at GAAR,OLYM,MORA-LP19,and SEKt-Pear also exceeded the human consumption threshold. The average mercury concentration in fish in all lakes at alt parks exceeded the kingfisher health threshold,and the average mercury concentration at NOAT-Burial, GAAR-Matcharak,DENA-Wonder,OL YM-PJ, OLYM-Hoh,MORA-LP19, and SEKi-Pear exceeded all wildlife thresholds.Data are plotted on a logto scale. Lake Irx ividual Thresholds,Average Fish ossa:Set*d@W*W snst vakm,"MMe as•b Ow Dbldm == asnmarw'wet tont ———— ® - M as lad a 116M D of lopft of a W.los lnilyN wet orwo4d n m kysr 7t1%a Ilw sampkts. « tat p,p'� • a.ayst was dNedsd in W70%d Ow sample. lana*was dslegsd in Mss*W W%of dw UP" _ Raatakmal kbit idmised trek snasiskwt fahkV isaYdlnsi L C Im �1 • .S r 10- • _ .• • Scientists prepare a sediment core for analysis. 1 C Figure 4 illustrates that concentrations of 3 dieldrin found in fish from some parks 1 exceeded USEPA recreational and subsis- tence fishing cancer risks for humans,and a 0.1- DDT .tDDT concentrations in fish(i.e.,p,p'-DDE) 2 exceeded human health thresholds for u subsistence fishing.Additionally,while dieldrin concentrations in fish did not exceed wildlife health thresholds,DDT concentra- 0.01 tions in fish exceeded the risk to kingfishers �*� � CO •Q� 'e �pNS "�W`0 Qas` at Sequoia&Kings Canyon and in Oldman NOPE �p�aP'��P' " �O' a" 0:'trP- 0&)- �,p Lake at Glacier National Parks. Dieldrin and r� 8 DDT are both historically-used insecticides Lake that are potentially carcinogenic,and both Figure 4.Concentrations of historic-use pesticides(dieldrin and p,p'-DDE,a byproduct of DDT most are endocrine-disrupting compounds that commonly found in fish)in individual fish(symbols)and lake averages(bars)compared to human health may have also contributed to intersex thresholds for fish consumption(USEPA,2000)for recreational and subsistence fishing.Some fish from symptoms evident in a few fish from Rocky SSKI,ROMO,and GLAC exceeded contaminant health thresholds for dieldrin for recreational fishing. The Mountain and Glacier National Parks. average concentration offish from SSKI,ROMO,DENA,NOAT,MORA-Golden and GLAC-Oldman,and some fish from MORA-LP19 and GAAR,exceeded contaminant health thresholds for dieldrin for subsis- Dieldrin and DDT are persistent in the tence fishing. The average concentration of fish from SEK/and Oldman Lake in GLAC exceeded contami- environment and continue to re-volatilize nant health thresholds for p,p'-DDE for subsistence fishing.Exceedences imply that a lifetime consumption from historically contaminated soils. may increase risk of developing cancer by more than 1 in 100,000.Data are plotted on a logfo scale. 3— Which indicators appear to be the most useful to assess contamination in western national parks? The ecological indicators found to be most Conifer Pesticides useful in assessing contamination in this NOCA study were fish,sediments,and conifer 100 nglg lipid OLYM �GLAC needles.Fish were important as an indicator : of biomagnification of contaminants and - ENDCIs - aHCH MORA potential impacts to food webs.Sediments provided a historical context,documenting ® CLPYR ® HCB r` - changes in contaminants over time and 0 DCPA CLDNs retaining clues about contaminant sources. _ gHCH X No Data /' f Second-year conifer needles proved to be + CRL/,, an effective measure of current contaminant ORTE ( } concentrations over large spatial scales, providing a basis for comparison between lAVO many sites concurrently. XNOAT Y06E f 1 OR DENA / ` 1 \ R1 SEK dANDO KAM t. ST %Agriculture < 5 <50 1 61 BE STLE < 30 - < too Figure 5.Pesticide concentrations(ng/g lipid)in conifer needles from corn and secondary WACAP parks A researcher collects snowpack samples from the overlaid on a map of agricultural intensity(US Department of Agriculture,National Agriculture Statistics sides of the snow pit, avoiding contamination. Service,2002).Circle area is proportional to total pesticide concentration.Light to dark green shading indicates increasing agricultural intensity. White shading indicates national forests or parks. Current-use pesticides endosulfan and dacthal dominate pesticide concentrations in parks in the conterminous United What are the likely sources of States,where most agriculture occurs.Historic-use pesticides are relatively more important in Alaska, contaminants? although total contaminant concentrations are lower. Conifers were not present in NOAT and GAAR. Circles The sources of contaminants in western outlined in black represent the core parks.Pesticide groups are endosulfans(ENDOs),chlorpyrifos national parks are from as far away as (CLPYR),dacthal(DCPA),g-HCH and a-HCH(gHCH and allCH),HCB,and chlordanes(CLDNs). Europe and Asia,and as near as the local county.Agricultural areas are probable major sources of current-use and historical-use contaminants in parks located To Find Out More...WACAP Team Contact Information in close proximity(within 150 km)to these areas(Figure 5),such as Sequoia,Rocky Colleen Flanagan Don Campbell Point of Contact Snow Principal Investigator _ Mountain,and Glacier.In Alaska,there are Air Resources Division dhcampbe@usgs.gov i. National Park Service few local/re ional sources of contaminants, Linda Geiser g Denver,Colorado and deposition of contaminants is primarily Colleen_Flanagan@nps.gov Vegetation Principal Investigator influenced by global atmospheric transport. sos-sss- 2011 Igeiser@fs.fed.us i Chris Shaver Daniel Jaffe WHAT IS NEXT? Chief Atmospheric Pnncopallnvestgator Air Resources Division djaffe@u.washinglon.edu J' The results from this project should add National Park Service considerably to the state of the science Denver.Colorado Michael Kent and Carl Schreck Chris _Shaver@nps.gov Fish co-Principal Investigators about contaminant transport,flux,and Tamara Bleri Michael.Ken1(Moregonstate.edu biological and ecological effects in remote WACAP Project Manager Carl.Schreck@oregonstate.edu Members of the WACAP learn on site in ecosystems in the western U.S.However,it Air Resources Division Staci Simonlch Alaska. National Park Servce also serves to raise many additional Denver.Colorado SOC Principal Investigator The final questions.Future potential work may help Tamara_Blett@nps.gov Staci.Simonich@oregonstate.edu on the w bsille; report with greater detail,Is now available identify contaminant pathways and Dixon H.Landers Howard Taylor http.-#www.natute.rrps.gov/airlStudieslair_toxlcsAvacap.chn document the extent and magnitude of WACAP Scientific Dlrectorand Metals Principal Investigator g Sediment Principal Investigator hetaylor@usgs.gov This webalte will also provide a link to the complete WACAP specific ecological effects. database with all raw data collected for the project. P g Landers, - - - — - -4- City of Tigard 13129 SW Haft Blvd. - Tigard, OR 97223 M Phone: 903-639-4171 FAX TRANSMITTAL Date March 4, 2008 Number of pages including cover sheet 2 To: ,83"The City of King City (Fax No. 503-639-3771) ;"'The City of Durham (Fax No. 503-598-8595) From: Greer Gaston Co: City of Tigard Fax#: 503.684.8840 Ph#: 503.718.2592 SUBJECT: Intergovernmental Water Board Meeting Cancellation and Special Meeting Notice MESSAGE: Please post the attached cancellation/special meeting notice.An agenda for the March 20 meeting will follow in the next week or so. Thank you. I:%ENG1FAx.DOT Intergovernmental Water Board SerUin,g Tigard, Kin ,g City, Durham and Unincorporated Area MEETING NOTICE Notice of Cancellation of March 12, 2008 Regular Meeting Notice of March 20, 2008 Special Meeting 0 Newsroom,Tigard Times (Fax No. 503-546-0724) 0 Newsroom, The Oregonian (Fax No. 503-968-6061) 0 Editor,The Regal Courier (Fax No. 503-968-7397) 0 The City of King City (Fax No. 503-639-3771 0 The City of Durham (Fax No. 503-598-8595) Notice is hereby given that the regularly scheduled March 12, 2008, Intergovernmental Water Board meeting has been canceled. This meeting has been rescheduled to March 20, 2008, as an Intergovernmental Water Board Special Meeting. The March 20 special meeting will take place at 5:30 p.m. in the Red Rock Creek Conference Room of Tigard City Hall, 13125 SW Hall Blvd.,Tigard, Oregon. For more information, please contact Intergovernmental Water Board Recorder Greer Gaston at 503.718.2595 or greerntaig_ o_ d oror.gov. hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 3/4/2008 3 : 08PM Last Transaction Date Time Type Identification Duration Pages Result 03/04 03 : 08p Fax Sent 5036393771 0 : 36 2 OK hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 3/4/2008 3: 10PM Last Transaction Date Time Type Identification Duration Pages Result 03/04 03: 09p Fax Sent 5035988595 0: 45 2 OK City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 903-639-4171 i FAX TRANSMITTAL ' Date: March 14, 2008 Number of pages including cover sheet 4 To: The City of King City (Fax No. 503-639-3771) , The City of Durham(Fax No. 503-598-8595) From: Greer Gaston,Executive Assistant Co: City of Tigard,Public Works Department Fax: 503-684-8840 Phone: 503-639-4171,ext. 2595 SUBJECT: Intergovernmental Water Board Special Meeting Notice and Agenda MESSAGE: Please post the attached special meeting notice and agenda for the Intergovernmental Water Board meeting. Thank you. -ttd in WRY . 4 au 3 -/4-D Intergovernmental Water Board Serving Tigard, King City, Durham and Unincorporated Area MEETING NOTICE Thursday, March 20, 2008 5 : 30p.m. Tigard Hall Red Rock Conference Room 13125 SW Hall Blvd. Tigard, OR 97223 Questions? Contact the City of Tigard at 503.639.4171 I - hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 3/ 14/2008 4 : 05PM Last Transaction Date Time Type Identification Duration Pages Result 03/14 04: 03p Fax Sent 5035988595 1 : 18 4 OK hp officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 3/14/2008 4 : 02PM Last Transaction Date Time Type Identification Duration Pages Result 03/14 04: 01p Fax Sent 5036393771 1 : 01 4 OK