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07/08/2009 - Packet Completeness Review ■ for Boards Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee Ivy 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 Z�r��- Signature -�(/Z/� 3 Date Intergovernmental Water Board — Agenda SERVING TIGARD, KING CITY, DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday,July 8, 2009 5:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street 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 — May 13, 2009 Action: Motion to approve the May 13, 2009 minutes. 3. Public Comments Call for comments from the public. 4. Water Supply Update -John Goodrich 5. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard - Continued- Commissioner Carroll Action: No action required. 6. Discussion on Having Commissioner Scheiderich Prepare an Initial Draft of the 1993 IGA Rewrite - Brian Rager Motion to: • Authorize the City of Durham to furnish the IWB with limited legal services in the form of Commissioner Scheiderich preparing an initial draft IGA based on minutes from the IWB's review of the 1993 IGA for delivery of water service to Durham, King City and the Tigard Water District. • Authorize the City of Tigard, acting on behalf of the IWB, to pay for these legal services when invoice by the City of Durham at a price not to exceed $2,000. 7. Discussion on the Frequency of Ownership Interest Calculations and Deed Execution as Specified in the Tenancy In Common Agreements — Brian Rager Action: No action required. 8. Informational Items Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. 9. Non-Agenda Items Call for non-agenda items from the Board. INTERGOVERNMENTAL WATER BOARD AGENDA—JULY 8, 2009 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page I oft 10. Future Agenda Items Schedule Date Item August 12, 2009 Discuss Changing the Tenancy in Common Population Model to a Meter Equivalency Model. To Be Announced Consider an Anchor Easement with PGE Company on the Public Works Building Property To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area. To Be Announced Review the Billing Insert Policy. 11. Next Meeting: ■August 12, 2009 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. 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-JULY 81, 2009 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 oft r ` Intergovernmental Water Board (IWB) Meeting Minutes July 8, 2009 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 Ken Henschel Representing the Tigard Water District Dick Winn Representing the City of King City Members Absent: Bill Scheiderich Member At-Large Staff Present: Assistant Public Works Director Brian Rager Utility Division Manager John Goodrich IWB Recorder Greer Gaston Executive Assistant Kathy Mollusky 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:31 p.m. 2. Approval of Minutes—May 13, 2009 Commissioner Buehner motioned to approve the May 13, 2009 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel and Winn voting yes. 3. Public Comments: None 4. Water Supply Update Mr. Goodrich reported: • Current average water usage is 7.55 million gallons per day. This is about half-a-million gallons less per day than our 10-year average, the same as last year. • ASR 2 has pumped 39 million gallons for the season. There are 257 million gallons in storage. We currently have a 119 day supply. There was a drop in water sold with the economic downturn. Currently we are using two wells for normal supply. We use ASR 2 for peak times; this allows us to keep water stored in ASR 2 for emergencies. • We purchased half-a-million gallons per day for a two-month period from Portland at 60% of wholesale cost. This makes up the supply we are not getting from the Joint Water Commission (JWC). It is a summer interruptible supply. Intergovernmental Water Board Minutes July 8,2009 1 • Consumer Confidence Report (CCR) 2009 water quality report. John recognized the letter from Commissioner Henschel. TWD's service area was referred to as unincorporated Bull Mountain. This will be properly identified in future correspondence. Commissioner Buehner inquired as to the estimated timeline for the ASR 3 well. Mr. Rager replied that the well improvement design will begin in FY 10-11 and construction will be finished in FY 11-12. The well has been drilled, capped and tested for capacity. The other reservoir at the 550' level on the north side of Bull Mountain is five years or more from design. 6. Discussion on Having Commissioner Scheiderich Prepare an Initial Draft of the 1993 IGA Rewrite Mr. Rager summarized a memo from Dennis Koellermeier dated July 8, 2009 discussing Commissioner Scheiderich preparing a first draft of the new IGA. Commissioner Carroll expressed his support for this approach and spoke about Commissioner Scheiderich's competence and knowledge of the material. Commissioner Scheiderich understands IWB's goals. It will save time and money with him preparing the draft. Commissioner Buehner spoke about Commissioner Scheiderich's experience in writing IGAs and complying with state law. Commissioner Winn supports. Commissioner Scheiderich has been a participant in the IWB rewrite. Each member's individual attorney will still have to review it. Commissioner Winn motioned to authorize the City of Durham to furnish the IWB with limited legal services in the form of Commissioner Scheiderich preparing an initial draft IGA. Commissioner Buehner second. The motion was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, and Winn voting yes. Commissioner Henschel abstained. Commissioner Buehner motioned to authorize the City of Tigard, acting on behalf of the IWB, to pay for these legal services when invoiced by the City of Durham at a price not to exceed $2,000. Commissioner Winn second. The motion was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll and Winn voting yes. Commissioner Henschel abstained. 5. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs) between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District (TWD) and the City of Tigard This item was continued from the Board's April 8, 2009 meeting. Page 12, Item 7.C. Services Provided by Tigard • Commissioner Scheiderich and TWD asked Commissioner Carroll if the right of condemnation can be given away from one district to another. The condemnation would have to come from each individual city for their city. • Commissioner Buehner states the intent is for each city to contractually agree to perform condemnation, if required, for the operation of the water system. Commissioner Scheiderich has already written proposed language. Intergovernmental Water Board Minutes July 8,2009 2 1 Page 13, Item 7.E. • This item is in the TWD agreement only. TWD would like to eliminate the line: "To the extent that Tigard charges other governmental entities for the use of the building, the District agrees to compensate Tigard a reasonable amount for use of the building." They would like the new sentence to read: "Tigard agrees to allow the District use of the Richard Brown Auditorium at no cost to the district and such consent for use of space shall not be withheld if space is available and the District provides at least 24-hour notice." Commissioner Carroll suggested making it a generic statement for all agreements that states consent to use the room will not be unreasonably withheld to any signees with reasonable notice (City standard of 5 days notice), if room is available. Commissioner Henschel concurs. Item 7.17 • This item is in the TWD agreement only. Delete current Item F. TWD wants new Item F to state: "Tigard will respond within 5 business days to requests for public and financial records relating to services provided and expenditures made to and on behalf of TWD at no charge to TWD." COT holds the records for TWD customers. • The release of records depends on what records are requested. The City of Tigard has record request procedures in place already. • Commissioner Carroll defers to Commissioner Scheiderich. Commissioner Scheiderich should read F out of TWD district and make it generic to all agreements. • Commissioner Buehner inquired about annual reports given to each district. All districts receive a 1% check once per year from the City of Tigard based on water usage, there is no report with it. • Mr. Goodrich questioned TWD having access to billing records from a privacy standpoint. All customers are treated the same. Jurisdictions are required to guard this information by law. • Commissioner Buehner asked if TWD is asking generically how many gallons are sold to their district or if by individual customer. Sold to individual customer is a violation of H I PPA laws. • TWD only wants what can be delivered to them legally. For instance, they might need a mailing list of customers. Tigard provided this list to them recently. The list has address, not names, attached to it. Page 12, Item 8. Rules and Regulations • Mr. Goodrich proposed deleting Item 8. It was carried over from TWD. Tigard adopted into the Tigard Municipal Code (TMC). • Commissioner Buehner agreed with deleting section. Add reference that states the TMC governs the rules and regulations. • Commissioner's Henschel and Carroll suggested keeping: "The IWB is empowered to make a continuing review of any and all rules and regulations regarding the water system which may be adopted by the Council and periodically to make recommendations to the Council for additions or amendments of such rules and regulations." If this language is in the TMC, it is not needed in this IGA. Commissioner Buehner added: "Parties agree to comply with rules and regulations as adopted by Council." Commissioner Scheiderich should read and sort through Item 8.B. Intergovernmental Water Board Minutes July 8,2009 3 Page 13, Item 9. Extension of Service. • Commissioner Carroll proposed leaving exactly as is and making this the last issue discussed after agreeing to everything else so as to not derail other aspects of agreement. • Commissioner Henschel would like to see Item 9 A & B enforced. Commissioner Carroll does not think it is germane to Durham. Mr. Rager states that the land use process drives Tigard Water Service Area (TWSA) to provide water. Commissioner Scheiderich can rewrite and make it a generic statement. Item 9.0 • Replace "Residents located within the District shall not be responsible..." with "TWSA shall not be responsible for any expenses..." • Commissioner Buehner wants Tualatin Valley Water District (TVWD) boundary adjustment included in agreement. There is an area TVWD does not serve even though it is in TVWD area. TWSA is providing water. Page 13, Item 10. Employee Benefits/Personnel. • Commissioner Buehner proposed deleting. It is irrelevant. Commissioner Carroll concurred. Page 14. Item 11. Annual Meeting. • Commissioner Winn questioned if an annual meeting should be held. Delete the paragraph, it is not necessary. • Commissioner Carroll acknowledged the difficulty in getting this scheduled. The governing bodies could schedule the meeting and those able to attend shall attend. • Commissioner Buehner states having an annual meeting with COT City Council and the IWB is the best we could ask for. • Commissioner Henschel suggested it does not have to be one meeting. COT could go to TWD, then to Durham, etc. Page 14 Item 12. Attorneys Fees. Item 13. Applicable Law. Item 15. Amendments. Item 16. Effective Date. • Commissioner Buehner states these are standard in agreements. They should be left as is. Done. 7. Discussion on the Frequency of Ownership Interest Calculations and Deed Execution as Specified in the Tenancy in Common Agreements Mr. Rager reported there is a provision to recalculate percentage ownership every two years in the Tenancy In Common (TIC) agreements. In the IGA, if one member wants to pull out of the agreement with Tigard it needs to be redone. In light of the IGA being rewritten and the potential of different methodology, the City is not going to recalculate percentage ownership at this time. Technically, this puts the COT in violation of the TIC agreements; however, COT's Intergovernmental Water Board Minutes July 8,2009 4 attorney is comfortable with this as long as the IWB Board concurs. Mr. Koellermeier is bringing alternate method of calculation to be discussed at next meeting. Commissioner Carroll suggested looking at total gallons sold and number of connections. Mr. Koellermeier is going to inform us of current methodology and other methods that might work. For instance, if we did (1) water sold only or (2) water sold and number of connections with water sold. IWB will be able to see where the slope falls and decide the fairest method to write into the new IGA. Tabled until next meeting. 8. Informational Items: Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. The Oversight Committee reviewed the status of the plan. COT wrote a $2 million check the third week of June for our buy-in to the Lake Oswego infrastructure. COT paid early so Lake Oswego is refiguring the interest owed. This will save a couple thousand dollars. The technical committee forwarded to Lake Oswego Council a recommendation to hire a consultant to act as project/construction manager. There will be city liaison and an (1) Assistant Director of engineering to work on the water side and supervise sewer project and (2) consultant who should be online in September to look at the plan. Update on water watch litigation. Settlement conference held in June. Administrative law judge (ALJ) from the state had not read all briefs and was not ready to handle settlement conference. Hopefully issues will be resolved with South Fork Water Board and they will withdraw their issues. This group will meet once per quarter until things really get going. 9. Non-Agenda Items: None 10. Future Agenda Items Future agenda items were not discussed. 11. Next Meeting: • August 12, 2009 at 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment At 6:35 p.m. Commissioner Winn motioned to adjourn the meeting; Commissioner Henschel seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Henschel and Winn voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: 9- q_o` Intergovernmental Water Board Minutes July 8,2009 5 Agenda Item No.: c IWB Meeting Date: Intergovernmental Water Board (IWB) Meeting Minutes May 13, 2009 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 Dick Winn Representing the City of King City Members Absent: Bill Scheiderich Member At-Large Staff Present: Public Works Director Dennis Koellermeier Utility Division Manager John Goodrich IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:35 p.m. 2. Approval of Minutes —April 8, 2009 Commissioner Buehner motioned to approve the April 8, 2009 minutes; Commissioner Winn seconded the motion. The minutes were approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting yes. 3. Public Comments: None 4. Water Supply Update Mr. Goodrich reported: ■ Current average water usage is between 4.4 to 4.6 million gallons per day. Tigard expects and is prepared for increased water demand given the prediction for rising temperatures. • 288.7 million gallons of water are stored in aquifer storage and recovery well 2. Native groundwater is being pumped out of aquifer storage and recovery well 1. ■ In terms of supply from the Portland Water Bureau, snow pack has been average (90 to 95 percent of normal). Gradually warming temperatures are predicted, meaning the snow pack should melt slowly and issues such with turbidity will be avoided. This summer's supply from the Portland Water Bureau looks good. Intergovernmental Water Board Minutes May 13,2009 1 5. Consider Making a Recommendation to the City of Tigard on the Utility Services Delinquent Account Policy Mr. Koellermeier said the Board had worked on this policy over the past two meetings. He advised the door hanger would be around $35 and would be placed in the City of Tigard's fee schedule effective July 1, 2009. Commissioner Buehner made a motion to adopt the delinquent account fee policy; Commissioner Winn seconded the motion. Commissioner Carroll confirmed the only significant change to the policy was that a water customer with a delinquent account would be charged a $35 fee to cover the cost of letter and door hanger notices. Mr. Koellermeier advised fees such as this one are reviewed regularly to be sure the City of Tigard is recouping its cost. The Commissioners suggested the City of Tigard notify the public about the policy change. The Board discussed having the City send a press release to local papers and include the information in the new water newsletter. Commissioner Carroll restated the motion to recommend passage of the Single Family Dwelling and Metered Business Utility Services Delinquent Account Policy. The motion was approved by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting yes. Note: The Board considered Items 6 and item 7 together. 6. Consider Making a Recommendation on the City of Tigard's Proposed Water Division Budget 7. Consider Making a Recommendation on the City of Tigard's Proposed Water Capital Improvement Program Mr. Koellermeier summarized the documents related to the FY '09-10 budget included in the Board's packet. ■ Entire Public Works Department proposed FY '09-10 budget is approximately $14.6 million. • The Water Division portion of the proposed budget is $6.6 million. This number includes capital projects and the cost to purchase water (approximately $3 million). ■ Significant FY '09-10 goals and objectives from page 138 were summarized. ■ The per capita numbers show water usage is decreasing (page 139). Revenues are down because the City is selling less water. The Board discussed possible reasons for this trend. ■ Commissioner Russell inquired about unaccounted water; this is water that the City purchases, but is "lost," or not sold to customers. Meter inaccuracies, fire use, reservoir cleaning, and leaks result in unaccounted water. Tigard's numbers compare favorably with other communities. ■ Rate setting methodology was discussed. A commodity-based rate structure incorporates operational costs (like buying, producing, delivering water) into water rates. Intergovernmental Water Board Minutes May 13,2009 2 ■ The proposed FY '09-'10 water fund is down 12.4 percent when compared to last year. ■ The Commissioners questioned some of the percentage changes on page 141, including salaries and risk management. ■ To ensure water customers receive consistent information, the proposed FY '09- '10 budget includes the cost of three issues of a water newsletter. The newsletter would be mailed with water bills. The Board pointed out customers are on a two- month billing cycle, so they would not receive the newsletter at the same time. ■ The Board discussed enterprise funds and the fact that the budget must be self- supporting when selling a commodity (water). ■ The Board briefly discussed how Tigard allocates citywide costs for human resources, fleet, City management, administration, etc. ■ Significant FY '09-'10 capital improvements were summarized. These include: - $4.6 million for 550-zone improvements to the pump station - $1.2 million for the Lake Oswego water - $1 million for Sherwood partnership Commissioner Carroll motioned to approve the FY '09-'10 budget; Commissioner Buehner seconded the motion. Commissioner Russell expressed concern over approving the budget given the pending union negotiations. The Commissioners expressed concern over the budget presentation and said that changing methodologies made oversight difficult. Board consensus was not to make any recommendation regarding the proposed FY '09-'10 Water Division budget and Capital Improvement Program. A vote on the motion was not taken. 8. Discussion on Rewriting/Revising 1993 Intergovernmental Agreements (IGAs) between Durham and the City of Tigard, King City and the City of Tigard, and the Tigard Water District and the City of Tigard This item was continued from the Board's April 8, 2009 meeting. The Board tabled further review of the intergovernmental agreement to its next meeting. 9. Informational Items: None 10. Non-Agenda Items: None 11. Future Agenda Items Future agenda items were not discussed. 12. Next Meeting: ■ June 10, 2009, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon Intergovernmental Water Board Minutes May 13,2009 3 13.Adjournment At 6:49 p.m. Commissioner Russell motioned to adjourn the meeting; Commissioner Winn seconded the motion. The meeting was adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Carroll, Russell and Winn voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes May 13,2009 4 Sign-in Sheet Intergovernmental Water Board Meeting Date: LV E A 0 C) G 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 Agenda Item No.: C-0 IWB Meeting Date: ,\ _ ■ City of Tigard Memorandum To: Intergovernmental Water Board From: Dennis Koellermeier Re: IGA Legal Services Date: July 8, 2009 The Board is nearing completion of its comprehensive review of the original 1994 Intergovernmental Agreement (IGA). As discussed previously, the next phase of the work will include preparing a draft of the new document by legal and city staff and developing the supporting asset information via the City's master planning consultant. The IWB Chair has suggested that Board member,Bill Scheiderich,prepare the first draft of the new IGA. Bill has participated in most of the discussions and should be able to fill in any missing information due to his familiarity with the subject. Each member of the IWB will ultimately have their own legal staff review the new IGA prior to adoption. Since Bill currently has a contractual relationship with the City of Durham, staff would propose that IWB partner Durham supply limited legal services to the Board and that the Board would agree to reimburse the City of Durham for its costs to do so. Bill has stated he would be comfortable with a not to exceed cost of$2,000. Suggested Motion: • Authorize the City of Durham to furnish the IWB with limited legal services in the form of Commissioner Scheiderich preparing an initial draft IGA based on minutes from the IWB's review of the 1993 IGA for delivery of water service to Durham, King City and the Tigard Water District. • Authorize the City of Tigard, acting on behalf of the IWB, to pay for these legal services when invoice by the City of Durham at a price not to exceed $2,000. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 i Phone: 503-639-4171 TIGARD FAX TRANSMITTAL Date July 1, 2009 Number of pages including cover sheet 3 To: E)/the City of King City (Fax No. 503-639-3771) 11 The City of Durham(Fax No. 503-598-8595) From: Kathy Mollusky Co: City of Tigard Fax #: 503.684.8840 Ph#: 503.718.2594 SUBJECT: Intergovernmental Water Board Meeting Agenda MESSAGE: Please post the attached agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. IAENGTAKDOT hp , officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner - r Log for City of Tigard PW 5036848840 7/1 /2009 2 : 01PM Last Transaction Date Time Type Identification Duration Pages Result 07!01 02 : 01p Fax Sent 5035988595 0: 35 3 OK hp . officejet 4200 series 4215 Personal Printer/Fax/Copier/Scanner Log for City of Tigard PW 5036848840 7/1/2009 2: OOPM Last Transaction Date Time Type Identification Duration Pages Result 07/01 01 : 59p Fax Sent 5036393771 0: 54 3 OK