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11/28/2007 - Packet n Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Committee hn J e , &,r 2 ' X 022-7 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 Signature 0/17 /1-3 Date Revised 11 /28/07 Intergovernmental Water Board — Agenda SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, November 28, 2007, 5:30 p.m. MEETING LOCATION: Tigard Public Library 2nd Floor Conference Room 13500 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. Receive and File Minutes from the July 17, 2007,Joint Meeting with Lake Oswego and Tigard City Councils Action: Motion to receive and file the July 17, 2007, minutes. 3. Approval of Minutes — October 10,2007 Action: Motion to approve the October 10, 2007, minutes. 4. Public Comments Call for comments from the public. 5. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Continued - Dennis Koellermeier Action: Direction regarding additional tenancy in common agreements. 6. Discuss Disposition of Property for Burnham Street Improvements- Continued - Dennis Koellermeier Action: Motion to donate a portion of the triangular piece of property (Tax Lot 2S102AD03451) to the City of Tigard for right-of-way associated with the Burnham Street Improvement Project. 7. Revised- Elect an IWB Representative to the Washington County Technical Advisory Committee - Continued - Dennis Koellermeier Action: Motion to elect Commissioner as the IWB representative to the Washington County 'Technical Advisory Committee. 8. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement - Dennis Koellermeier Action: Motion to recommend approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement to the Tigard City Council. 9. Water Supply Options - Dennis Koellermeier INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 28, 2007 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2 10. Informational Items 11. Non-Agenda Items Call for non-agenda items from Board. 12. Next Meeting- December 12, 2007, 5:30 p.m. Public Works Building, 8777 SW Burnham Street,Tigard, Oregon 13. Executive Session The Intergovernmental Water Board will go into Executive Session to discuss real property transaction negotiations under ORS 192.660 (2)(e). 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. 14. Adjournment Action: Motion for adjournment. INTERGOVERNMENTAL WATER BOARD AGENDA- NOVEMBER 28, 2007 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 oft Intergovernmental Water Board — Agenda SERVING TIGARD, KING CITY, DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, November 28, 2007, 5:30 p.m. MEETING LOCATION: Tigard Public Library 2nd Floor Conference Room 13500 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. Receive and File Minutes from the July 17, 2007,Joint Meeting with Lake Oswego and Tigard City Councils Action: Motion to receive and file the July 17, 2007, minutes. 3. Approval of Minutes — October 10, 2007 Action: Motion to approve the October 10, 2007, minutes. 4. Public Comments Call for comments from the public. 5. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Continued - Dennis Koellermeier Action: Direction regarding additional tenancy in common agreements. 6. Discuss Disposition of Property for Burnham Street Improvements- Continued - Dennis Koellermeier Action: Motion to donate a portion of the triangular piece of property (Tax Lot 2S102AD03451) to the City of Tigard for right-of-way associated with the Burnham Street Improvement Project, 7. Representation on the Washington County Technical Advisory Committee - Continued - Dennis Koellermeier Action: Direction regarding representation on the Washington County Technical Advisory Committee. 8. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement - Dennis Koellermeier Action: Motion to recommend approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement to the Tigard City Council. 9. Water Supply Options - Dennis Koellermeier INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 28, 2007 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2 10. Informational Items 11. Non-Agenda Items Call for non-agenda items from Board. 12. Next Meeting- December 12, 2007, 5:30 p.m. Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 13. Executive Session The Intergovernmental Water Board will go into Executive Session to discuss real property transaction negotiations under ORS 192.660 (2)(e). 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. 14. Adjournment Action: Motion for adjournment. INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 28, 2007 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov Page 2 of2 Sign-in Sheet Intergovernmental Water Board Meeting Date: Alme-m ,b ./- a2 8 - .2-4o 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 S �12rx-� a �� Intergovernmental Water Board (IWB) Meeting Minutes November 28, 2007 Tigard Public Library 2nd Floor Conference Room 13500 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 Assistant Director Brian Rager Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:36 p.m. 2. Receive and File Minutes from the July 17, 2007, Joint Meeting with Lake Oswego and Tigard City Councils Commissioner Buehner motioned to approve the July 17, 2005 minutes; Commissioner Winn seconded the motion. The minutes were approved by a majority vote, with Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes. Commissioner Russell was not at the July 17 meeting and abstained. 3. Approval of Minutes — October 10, 2007 Commissioner Carroll motioned to approve the October 10, 2007 minutes; Commissioner Winn seconded the motion. The minutes were approved by majority vote, with Commissioners Carroll, Russell, Scheiderich, and Winn voting yes. Commissioner Buehner was not at the October 10 meeting and abstained. 4. Public Comments: None 5. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Continued This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier summarized the Potential Properties for Tenancy in Common Agreements handout. The handout included information on annexation and the owner of record for the properties and is on file in the IWB record. Intergovernmental Water Board Minutes November 28,2007 1 Commissioner Buehner pointed out that all the annexed properties in which the TWD is listed as the owner of record, were annexed prior to the 1993 intergovernmental agreements (IGAs). Commissioner Russell reported she has been reviewing past TWD minutes. She said, when the IGAs were being created in 1993, the TWD Board was under the impression the assets would be frozen and would remain in the ownership of the jurisdiction on the deed. Commissioners Carroll and Buehner asserted this was contrary to IGAs. The Commissioners discussed various legal opinions on the matter. Commissioner Winn added that the IGAs should govern ownership. Commissioner Scheiderich inquired about the TWD's opinion regarding TWD owner of record properties within the City of Tigard. Commissioner Russell responded that the TWD should remain the owner of record, especially given the pending litigation. She presented a letter requesting the IWB not consider additional tenancy in common agreements until the litigation is resolved. The letter is on file in the IWB record. Commissioner Carroll asserted that the properties in question were purchased from water revenues, and the majority of these revenues were generated from water customers the TWD does not currently represent. If the TWD represented 20 percent of the district, then it only paid for 20 percent of the assets. City of Tigard ratepayers would have paid for the largest share of each of the properties. Commissioner Scheiderich verified that all of the properties in question are dedicated to the use of the water system. Commissioner Scheiderich said that since the additional tenancy in common agreements were not time sensitive, the matter should be tabled until the pending litigation is resolved. He asked for IWB consensus on the matter. Commissioner Winn stated he did not wish to table the issue and said the TWD's actions were disrupting the IWB's business. The Commissioners discussed how long it may take to resolve the pending litigation. Commissioner Buehner said she would agree to set the matter aside as long as it was acted on within six months. Commissioner Scheiderich asked for consensus to table the matter for six months or until the litigation was resolved. Commissioner Carroll concurred with Commissioner Winn's comments, but said he would go along with Commissioner Scheiderich's proposal. Commissioner Russell supported tabling the issue until the litigation is settled. The majority consensus (Commissioners Carroll, Russell and Scheiderich)was to table consideration of additional tenancy in common agreements for six months or until the current litigation between the City of Tigard and the TWD was resolved. Intergovernmental Water Board Minutes November 28,2007 2 6. Discuss Disposition of Property for Burnham Street Improvements- Continued This item was continued from the Board's October 10, 2007 meeting. Mr. Koellermeier advised the Board of new information: the parcel under consideration is actually part of the water building property and as such falls under the tenancy in common agreement. The entire parcel is approximately 5,560 square feet, with about 2,000 square feet needed for right-of-way. The Board discussed dedicating or selling all or part of the parcel to the City of Tigard. It was not known if the City had any interest in purchasing the property. The Board also discussed how the value of the property might be determined. Commissioner Winn motioned to dedicate the entire parcel as right-of-way. There was no second and the motion was not placed before the Board for consideration. Commissioner Buehner motioned to dedicate the twelve-foot strip and leave the remaining 3,000 square feet in joint ownership; Commissioner Carroll seconded the motion. Commissioner Carroll requested staff investigate whether the City of Tigard was interested in purchasing the remaining portion of the parcel. Commissioner Scheiderich termed this request as a "friendly amendment." The motion passed by a majority vote with Commissioners Buehner, Carroll, Scheiderich, and Winn voting yes, and Commissioner Russell voting no. 7. Revised - Elect an IWB Representative to the Washington County Technical Advisory Committee - Continued This item was continued from the Board's October 10, 2007 meeting. Commissioner Scheiderich referred to letter from Washington County Principal Planner Joanne Rice and summarized various newspaper articles. These items are on file in the IWB record. Commissioner Buehner motioned to appoint Commissioner Scheiderich; Commissioner Carroll seconded the motion. Commissioner Scheiderich was appointed to the Washington County Technical Advisory Committee by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes. 8. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement (MOA) Mr. Koellermeier explained supporting the MOA will demonstrate to the federal government that the partnership continues to support the Title Transfer Project. The MOA does not require any additional financial commitment. Mr. Koellermeier reported the cost estimate for the project has been updated and the IWB's share of the dam raise and plant expansion is now $87 million. This amount does not include transmission costs which will probably double this estimate. The IWB has between an 11 and 17 percent share in various project components. The share of the water produced would be about 13 or 14 million gallons per day. Commissioner Buehner expressed concern about spending money on this project when the project does not seem to be in the best interest of the ratepayers. Mr. Koellermeier Intergovernmental Water Board Minutes November 28,2007 3 said if the IWB/City of Tigard decide to back out of the project, there may be a way to recoup previous investments. There is a tentative meeting scheduled with the Tigard City Council in February. The goal will be to have information available on all the long-term water options currently under consideration. The Board and the Council may decide to eliminate or sell their interest in some options. Commissioner Russell requested the Board hold off on taking action on the MOA until she shared the document with the TW D's legal counsel. The Board discussed the timeline for considering the MOA and continued the matter to the December 12, 2007 meeting. Mr. Koellermeier explained that there would be a similar timeline issue with the Lake Oswego MOU. It was decided he would furnish this MOU to the TWD Board, so the TWD's representative to the IWB would be ready to take action at the December 12 meeting. 9. Water Supply Options Mr. Goodrich reported the following on aquifer storage and recovery (ASR): ■ Injection started yesterday into ASR 2 ■ Winter interruptible water was available as of November 1 ■ The City of Tigard has 2 1/2 months of injection to reach capacity Mr. Koellermeier: ■ reported on the construction of Reservoir No. 2 ■ summarized the Lake Oswego MOU. The timeline is to create a final agreement within six months. ■ advised the IWB and Tigard City Council may need to disengage from some long-term water options before other options are finalized. 10. Informational Items: None 11. Non-Agenda Items: None 12. Next Meeting - December 12, 2007, 5:30 p.m. Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 13. Executive Session At 6:28 p.m. Commissioner Scheiderich announced there was a request to go into executive session to discuss real property transaction negotiations under ORS 192.660(2)(e). Commissioner Carroll motioned for the Board to go into executive session; Commissioner Winn seconded the motion. The motion was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes. The Board came out of executive session at 6:34 p.m. Intergovernmental Water Board Minutes November 28,2007 4 14. Adjournment Commissioner Winn motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The motion was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich, and Winn voting yes. The meeting was adjourned at 6:34 p.m. �Z' 4 -/K eer A. Gaston, IWB Recorder Date: Aly Y. 26, 2'a7y- Intergovernmental Water Board Minutes November 28,2007 5 Agenda Item No.: Z IWB Meeting Date: TIGARD CITY COUNCIL MEETING Meeting Minutes July 17,2007 Mayor Dirksen called the meeting to order at 7:09 p.m. Roll Call Tigard City Council present: Naive Present Absent Mayor Dirksen ✓ Council President Shevvood ✓ ,,Councilor Buchner ✓ Councilor Wilson ✓ Councilor Woodruff ✓ Lake Oswego City Council present: Name Present Absent Mayor Hauunerstad ✓ Council President McPeak ✓ Councilor Groznik ✓ Councilor Hennagin ✓ Councilor Jordan ✓ Councilor Johnson ✓ Councilor Turchi ✓ Tigard Intergovernmental Water Board present: Nene Present Absent Chair Scheiderich ✓ Vice Chair Carroll ✓ Board Member Winn ✓ Board Alternate Henschel ✓ Tigard staff present: City Manager Prosser,Public Works Director Koellenneier, Water Quality Super6sor Goodrich, City Recorder Wheadcy. Lake Oswego staff present: City Manager Schmitz,City Engineer Komarek,Community Development Director Lashbook, City Attorney Powell. i Special City Council Meeting Minutes—July 97,2007 page 1 Also present: Consultant Knudson of Carollo Engineers Staff introduction: Public Works Director Koellermeier overviewed the purpose of this special meeting, which was to hear a presentation from Consultant Knudson regarding the Lake Oswego Expansion and Water Partnership. The staff report outlining key facts and an information summary is on file in die City Recorder's office. In June 2006, the Cities of Tigard and Lake Oswego funded a study to determine the technical, financial, and political feasibility of a water partnership. The focus of the discussion at this special meeting was on the Lake Oswego Expansion and Water Partnership. However, the City of Tigard and the Intergoveintnental Water Board ue also evaluating other potential water supplies including the Tualatin Basin Water Supply Project and development of Tigard-owned water rights associated with the Willamette River Treatment and Transmission Improvement Project. City Engineer Komarek also made some introductory remarks and advised that Consultant I .nudson would be reviewing the project objectives for the study. Consultant Kntldson re-6ewed a PowerPoint presentation; copies of die slides are on file in the City Recorder's office. Consultant Knudson, in response to an observation and inquiry from Council President McPeak during a review of capital costs and timing of the initial supply scenarios, explained how financial estimates were calculated to reflect future cost escalation and the resultant affect to water rates. Duiing the review of the influence of conservation on cost and tinning of a Lake Oswego only expansion Consultant I<nudson responded to a question from Councilor Johnson and advised conservation measures must be ramped up over time. Other points reviewed included: - How the study considered population growth. - The study did not consider the possibility of adjusting die Tigard Water District or the Tualatin Valley Water District boundaries - The study pointed to the importance of determining the timing of when and how much improvements should be made to the water system - Consultant Knudson affirmed that conservation does help delay the need for expansion, but there is a need to start conservation efforts now. There is the potential to "buy about an extra eight years" to plan and snake financial decisions on a system expansion. - The overall cost scenarios axe based on the amount of water used over the course of a year (not just peak water use time periods). - A review of water rights shows that Lake Oswego is ranked 6"' among jurisdictions for senior water rights of 32 mgd since 1967. Lake Oswego also is ranked 12" for 6 Special City Council Meeting Minutes—July 17,2007 page 2 ingd in a.junior water right. Water rights under House Bill 3038 shifted significantly. This Bill sets a new standard requiring"persistence" of fish species and applies to undeveloped portions of existing permits to satisfy new instream flows. Extensions of water rights must satisfy new criteria. The City of Lake Oswego along with other Clackamas Basin Water users contracted with Portland State University to create an extensive modeling to estimate what would happen under different demand and supply scenarios. Lake Os-,vego's existing water rights are of relatively high priority as compared to other municipal users. - Financial questions were reviewed. Consultant Knudson,in response to the question of"What is the best deal for Lake Oswego?" concluded it would be a partnership with Tigard for 38 mgd. The best deal for Tigard is dependant on how the Portland and Willamette options proceed;however,a partnership with Lake Oswego would result in lower future rates as compared to any other option. - Financial benefits were reviewed: Lake Oswego would realize reduced capital cost, reduced equivalent annual cost, lower future rate increases,and reduced financial risk from consideration. Tigard would gain ownership of a long-term water supply and realize lower rates. - The next steps recommended were to: o Proceed wide development of the draft partnership agreement for the Joint 'Water Supply project. o Initiate a public outreach program. After the PowerPoint presentation by the consultant,Tigard Mayor Dirksen opened the floor to discussion. Lake Oswego Mayor Hammerstad posed the question that based on the information available at this time,are we comfortable in tal6ng the next step? Or, should the assumptions be questioned to the point where the process should be started again? Lake Oswego Council President McPeak responded that a fair amount of study has been done on this issue and she hoped to keep moving. The assumptions have brought her to a fairly clear choice among the alternatives;however, this is not the whole story. She pointed out there is a tuning issue as well a lot of things that need to be discussed in a smaller sub- group. Lake Oswego Councilor Johnson noted her concerns with regard to population projections including unincorporated areas. Lake Oswego City Engineer Komarek clarified assumptions for this study,which includes property in Lake Oswego's southern service area boundary. If, in die future, this area is served by another water provider, then there would be additional water for other uses in the region. A partnership would provide a Iarger rate base to share capital costs. Lake Oswego Councilor Hennagin noted earlier discussion about the benefit of an alternate water supply. He asked if this meant there would be a second line from the pump station to the water treatment or a second line parallel with the existing line. Lake Oswego City Special City Council Meeting Minutes—July 17,2007 page 3 Engineer Komarek replied: In this partnership scenario there is an opportunity to look at regional 'utter-connections not only between Lake Oswego and Tigard but for Lake Oswego and the Clackamas system, the Portland system,and the Willamette system—all of these sources could potentially be accessed through a transmission connection between Lake Oswego and Tigard. Therefore, those sources would literally be connected depending on other institutional arrangements or other interested parties who might be willing to participate in costs and even larger transinission mains could serve to bring water from alternate sources. Lake Oswego Councilor Hennagin said he had already sat through the essence of tonight's presentation and based on the assumptions presented by Consultant Knudson, the clear-cut financial choice was to proceed with the partnership. He said lie had not changed his mind; however, he agreed with Lake Oswego Mayor Harrnnerstad's statement that we are not in die position to challenge Consultant Knudson's assumptions. To challenge die assumptions would necessitate hiring another consultant to go through another year of study,which might reveal a different opinion. However,he doesn't dunk"we can afford the time." He said he came to this meeting with questions that were different than financial and some of diose questions have been allayed with reference to water rights and whether other agencies (i.e.,Damascus and Boring) have prior rights. In the future,water will become an increasingly nut resource accompanied by moral and philosophical implications, but these cannot be addressed at this point. Based on the presentation of the situation to date, he advised he would be shirking his responsibility as an elected official if he didn't agree to move ahead with the next steps based on what he has seen so far. Lake Oswego Councilor Jordan noted there has been discussion that perhaps Lake Oswego's needs are not as urgent as Tigard's and to find ways to mitigate the need for Lake Oswego. It was also questioned whether we are pushing ahead just because Tigard's timeline is so tight. She said she thought there are definitely enough benefits for both cities, given die assumptions (if tie assumptions are correct) that we need to explore this further. We want to put into effect conservation measures,which may actually impact the size of the system or tie way that the system can affect Tigard. We won't know how much that conservation effort will reap for Lake Oswego until we get into it. There are definite reasons to move forward;it is a very positive step to share the water rights Lake Oswego has. She said she thinks they can do a good job in managing their current rights and while slharing with others responsibly. Lake Oswego Councilor Turchi said an economy of scale has been demonstrated as well as an economy of sharing,which would be beneficial for both communities. He noted wi obligation to continue to explore the partnership. He added he would be interested to find out how costs would be covered for additional capacity. Intergovernmental Water Board Member Henschel advised he has been on the Tigard Water District Board for only two weeks. IIe said he would need a lot more background information. He has looked at the study and said it was interesting. He advised that many Special City Council Meeting Minutes—July 17,2007 page 4 of the other Tigard Water District board members are new and will need to be trained very quickly. Tigard Public Works Director Koellermeier responded that conservation in the Tigard water service area would not impact the Tualatin River flows in Lake Oswego. Intergovernmental Water Board Member Winn said lie was very interested in retaining a relationship avid•►Lake Oswego and the studies have confirmed his feelings. Intergovcrnmental Water Board Member Carroll noted we are at the same point we were at ten years ago with the difference being that we now have the opportunity for an economically and politically feasible partnership. He said he supported continuing the process, noting that this is the closest we've gotten for a water source. Intergovernmental Water Board Chau Scheiderich referred to a govermnent study about to be undertaken for the future of Hagg Lake as well as the Wilsonville/Tualatin Valley Water District water situation. He said he thought the ti neline for the Lake Oswego/Tigard option was too aggressive. Tigard Councilor Wilson said he was uncomfortable with attempting to precisely predict demand 40 yeas from now. He said it was safe to say that Tigard and Lake Oswego will need more capacity fairly soon. He said he was also uncomfortable with attempting to predict capital improvements precisely since costs always seem to be higher than estimated. In response to his question about whether some of the capital construction could be done incrementally as needed, Consultant Knudson said some construction (i.e., underground pipes) cannot be done incrementally,but the treatment plant could be constructed in a modular fashion. Tigard Councilor Woodruff said he has been a fan of this option since it first came on the table. While Tigard won't run out of water next year (we have a contract with Portland until 2016),he would feel better if additional water sources were identified. He said he was pleased that, so far,Lake Oswego in interested in proceeding with the next steps on this 'option. Tigard Council President Sherwood noted this is the same option that was on the table 16 years ago and then it fell apart. She noted concern about legislative changes widh reference to water rights that are not used. She supported coining together with work groups and establishing a tiineline. Tigard Councilor Buchner referred to her service on the Tigard Water Board and reviewed options that had been explored in the past. She urged addressing this issue as quickly as possible with a final decision made within the next 1$ months on die Tigard/Lake Oswego partnership. She stated it would be foolish for either city not to go ahead as this is a good proposal. She said that Tigard needs to make a decision on Hagg Lake. Tigard cannot wait. Special City Council Meeting Minutes—July 17,2007 page 5 Lake Oswego Mayor Hammerstad suggested the formation of a subcommittee to look ata number of things including governance structure. She said she was uncomfortable with the timeline because the City of Lake Oswego has issues on an upcoming election that are unfriendly to tze city. The tuneline is almost overwhelming for Lake Oswego because of other issues they are addressing. She said it appears that this partnership would not be controversial since it looks as if it could be of benefit in the long tun and represents a rational way to move forward. She said Lake Oswego would like more time to digest die material presented. Tigard Mayor Dirksen said he was encouraged by what he heard tonight from the consultants, staff, and the representatives of the other jurisdictions. He said there is time to wort: through the issues and advised that additional time would give the opportunity to work some more on conservation efforts. Tigard does not need to have a water resource until 2016; therefore,the only thing that needs to move forward quickly is the political decision to commit to tliis path and then develop the partnership agreement. He agreed a task force should be appointed to discuss any"sticking points." The task force will report its findings to the City Councils. Tigard Public Works Director Koellermeier said the working group needs to address decisions abou?how to guide the public outreach process. In response to a question from Tigard Public Works Director Koellermeier,Lake Oswego Councilor Hennagin and Tigard Mayor Dirksen agreed it would be a good idea for each City Council to jointly form the "charge" statement for die task force. There was agreement to create a task force with membership as follows: Lake Oswego Councilor Turchi Lake Oswego Council President McPeak Tigard Councilor Woodruff *Tigard Councilor Sherwood Intergovernmental Water Board Chair Scheiderich *Intergovernmental Water Board Member Buchner *Recorder's Nole: A/the P61,24, 2007, Tigard City Council»reeling,Mayor Dirkseu noted Thal/hive of the uGor+e indinidira/r an Tigard City Coirncil urenlGers.• I f/oodrn , Shenvood and Bnehuer. This irpreseuls a quonau of the Tigard GO Council and ryould also need to be noticed also as a Tigard City Council nreeling. Councilor Shenuood has aSired/hal she trronld not serve on this Task Foire. Councilor Woodruff requested that staff review the timeline to determine if there is some flexibility to move the deadline out a few months. Public Works Director Koellermeier advised that die staff members would review the timeline as requested. Special City Council Meeting Minutes—July 17,2007 page 6 Meeting adjourned at 9:12 p.m. Oat 60 i'-e� Catherine Wheatley, City Recorder Attest: Mayor, /hof Tigard Date: Special City Council Meeting Minutes—July 17,2007 page 7 Agenda Item No.: 13 IWB Meeting Date: // is-C4- Intergovernmental Water Board (IWB) Meeting Minutes October 10, 2007 City of Tigard Water Auditorium 8777 SW Burnham Street Tigard, OR 97223 Members Present: 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: Gretchen Buehner * Representing the City of Tigard " Attempted but was unable to join the meeting by speakerphone due to technical difficulties. Staff Present: Public Works Assistant Director Brian Rager Water Quality & Supply Supervisor John Goodrich Accounting Supervisor Amanda Bewersdorff 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 5:33 p.m. 2. Approval of Minutes – September 12, 2007 Commissioner Carroll motioned to approve the September 12, 2007, minutes; Commissioner Russell seconded the motion. The minutes were approved by unanimous vote, with Commissioners Carroll, Russell, Scheiderich, and Winn voting yes. 3. Public Comments Marland Henderson, 11795 SW Katherine Street, Tigard, referred to a letter he had sent to the Board. This letter is on file in the IWB record. Mr. Henderson thanked the Board for considering his suggestions on the use of reclaimed water in downtown Tigard. He indicated the matter would also be discussed at an upcoming Tigard City Council meeting. Commissioner Scheiderich pointed out that the water requirements of the area would need to be identified in order to determine if using reclaimed water was feasible. Mr. Henderson said he would provide the Board with information on the pros and cons of using reclaimed water in downtown Tigard. Intergovernmental Water Board Minutes October 10, 2007 1 Ken Henschel, 14530 SW 144" Avenue, unincorporated Washington County, inquired about a water line break located on Bull Mountain Road. Commissioner Scheiderich responded this would be taken up as an informational item later in the meeting. 4. Accent Residential Homes Credit for Leak Request - Continued Ms. Bewersdorff summarized her memo which is on file in the IWB record. Mr. Sean Foushee of Accent Residential Homes said he did not agree with some of the information provided to the Board. He explained that initially he didn't know the irrigation system had been leaking, but ultimately the system was repaired. If approved, a credit of$1,817 would be issued against the bill which totals $4,378. Commissioner Winn asserted no credit was warranted due to the delay in repairing the leak and, based on the record, the applicant's unwillingness to work with the City of Tigard to resolve the problem. Commissioner Russell motioned that the IWB issue a credit for the cost., Commissioner Carroll seconded the motion. Commissioner Scheiderich clarified this was a credit equal to the mark-up, or difference between the wholesale and retail water costs. The motion was approved by a 3 to 1 vote with Commissioners Carroll, Russell, Scheiderich voting yes, and Commissioner Winn voting no. Note: The meeting recessed at 5:47 p.m. while staff tried to contact Commissioner Buehner by phone. The meeting reconvened at 5.59 p.m. Staff was unsuccessful in connecting with Commissioner Buehner. 8. Informational Items Representation on County Technical Advisory Committee Mr. Rager reported the Tigard Water District (TWD) was listed as the water service provider on the county's Technical Advisory Committee. The committee is tasked with planning areas 63 and 64. The TWD appointed Commissioner Russell to the committee. Mr. Rager suggested the IWB would be the appropriate body to determine who represents the water service provider on this committee and recommended the IWB become involved in selecting a representative. If the number of committee members is not limited, Commissioner Scheiderich suggested the IWB be represented on the committee in addition to the TWD. Commissioner Scheiderich added that technically, the City of Tigard is the water service provider. Commissioner Scheiderich stated the consensus of the Board was to direct staff to inform the county that the IWB would like a representative on the committee. Staff was asked to report back to the committee. If an appointment was needed immediately, the Board agreed Commissioner Scheiderich could appoint a representative. Mr. Goodrich pointed out that it would be difficult to forecast future water demand without participating in the planning process. Commissioner Carroll proposed a City of Tigard staff member serve as the IWB's representative on the committee. He asserted a staff member would have the level of Intergovernmental Water Board Minutes October 10,2007 2 knowledge and expertise needed to plan areas 63 and 64. Commissioner Winn concurred, saying the advisory committee was composed of staff and technical people. Commissioner Scheiderich asked for clarification on the committee's assignment. Water Line Break on Bull Mountain Road In response to an inquiry from Mr. Henschel (see Public Comments), Mr. Goodrich told the Board about a water main break that occurred in front of Alberta Rider School. The water line has been repaired. 5. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Continued This item was continued from the Board's September 12, 2007, meeting. Mr. Rager referred to an updated memo which is on file in the IWB record. For properties within the City of Tigard, Commissioners Russell and Scheiderich wanted to know when the properties were annexed into the city. Commissioner Scheiderich asked for this information so he could determine if the annexation preceded the withdraw of territory from the Tigard Water District (TWD). He explained that there was a time, prior to the 1993 intergovernmental agreements, when TWD and City of Tigard boundaries overlapped. Following the 1993 agreements, state law dictated that when the City of Tigard withdrew from the TWD, certain assets would be transferred from the TWD to the city. Commissioner Winn said he favored treating these properties in the same manner as other properties by supported tenancy in common agreements. The Board agreed that the properties in question were dedicated for use as part of the water supply system. This item was tabled and will be reconsidered when the annexation information is available. 6. Discuss Disposition of Property for Burnham Street Improvements Mr. Goodrich referred to a memo requesting the IWB donate a piece of property for right- of-way. The property is needed for street widening as part of the City of Tigard Burnham Street Improvement Project. Mr. Goodrich's memo is on file in the IWB record. Commissioner Russell indicated she would discuss the issue at the next Tigard Water District (TWD) meeting and report back to the IWB. Commissioners Scheiderich, Carroll and Winn said they had no concerns over the right- of-way donation. Commissioner Russell asked if the City of Tigard should pay for the right-of-way and the money be placed in the water fund. Mr. Goodrich pointed out that compensation would only be for the portion of the property being used as right-of-way. Commissioner Scheiderich added there would be costs associated with doing an appraisal and the property may be unbuildable. Commissioner Scheiderich said the Board would make a decision after the TWD has considered the matter. 7. Water Supply Options ■ There is an upcoming meeting with Lake Oswego on November 17 at 9 a.m. Intergovernmental Water Board Minutes October 10,2007 3 ■ Mr. Rager reported the partners of the Tualatin Basin Water Supply Project have developed a memorandum of agreement (MOA) regarding the title transfer and possible governance structure. There is a meeting on Friday for final review of the MOA. The next step will be for the various governing boards to consider the agreement. 9. Non-Agenda Items Commissioner Carroll inquired about the status of aquifer storage and recovery (ASR). Mr. Goodrich and Mr. Rager reported recharge typically begins in December or January when turbidity issues have abated. Preliminary reports on ASR 3 are positive. Commissioner Russell inquired about a memo regarding water building signage. Mr. Rager summarized the memo which is on file in the IWB record. 10. Next Meeting- November 14, 2007, 5:30 p.m. Tigard Water Building, 8777 SW Burnham Street, Tigard, Oregon 11. Adjournment Commissioner Scheiderich adjourned the meeting at 6:28 p.m. Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes October 10,2007 4 Agenda Item No.: 5 IWB Meeting Date: Potential Properties for Tenancy in Common Agreements Site Jurisdiction Owner of Effective Record Date of Annexation High Tor Reservoirs and Unincorporated Tigard Water District N/A Pump Stations Reservoir No. 4 and Well Unincorporated Tigard Water District N/A No. 4 150th Avenue Well Site Unincorporated Tigard Water District N/A Bonita Pump Station City of Tigard N/A N/A 10 Million Gallon City of Tigard Tigard Water District Pre-1984 Reservoir,ASR 2 Well and Transfer Pump Station Site Baylor Reservoirs City of Tigard Tigard Water District Pre-1984 Reservoir No. 2 City of Tigard Tigard Water District Pre-1984 Reservoir No. 3 and Well City of Tigard Tigard Water District Dec. 3, 1988 No. 3 132°d Avenue Pump Station City of Tigard Tigard Water District Dec. 3, 1988 Price Property (550 City of Tigard City of Tigard July 9, 1991 Reservoir No. 2 Under Construction Menlor Reservoir City of Tigard Tigard Water District Nov. 9,2006 Cach Property (Future 550 City of Tigard City of Tigard Nov. 9,2006 Reservoir No. 1) Submitted at the IWB Meeting By: /eusSe_LL Date: Agenda Item No.: November 28, 2007 Members of the Intergovernmental Water Board This is a formal request by the Tigard Water District("District") Board of Commissioners to the other members of the IWB to postpone any additional reconveyances of District-owned properties. As you may know,a legal action is already pending in Washington County Circuit Court, challenging the validity of the June 25,2007,public meeting of the former District board. If the challenge is upheld,the validity of at least two decisions made at the June 25 meeting—(1) the reconveyance of the water building and the Canterbury property from the District to ownership in co-tenancy, and (2)the amendment of the District's intergovernmental agreement with the City of Tigard allowing only three votes when deciding disposition of real property—will be in question. The District has filed notices of lis pendens in the Washington property records,clouding the title to these properties pending resolution of the legal challenge. You also may be aware that the District is in discussions with the City of Tigard regarding the City's apparent breach of its intergovernmental agreement with the District. The breach of that agreement brings into question the effectiveness of the June 25 amendment to the agreement,which modified the process for reconveying District-owned properties. While these legal issues are currently between the District and the City of Tigard,the outcome of the legal actions will have a direct impact on the other members of the IWB, The current Board of the Tigard Water District is committed to being an active partner in the IWB, while seeking to protect the interests of its water customers in the unincorporated areas. The Board is deeply concerned about the potential for more District-owned properties to be reconveyed without the District's consent—actions that, if taken, could subject the other members of the IWB to further legal action. We ask for your help in avoiding this outcome. The Board respectfully requests that the other members of the IWB postpone any further decisions relating to reconveyance of District-owned property at least until the current legal actions are resolved. Then,as always,the Board remains open and willing to discuss construgtivo ways to address these issues short of taking legal action. Yours very sincerely, �& /-�q Oaw Julie Russell, Commissioner Tigard Water District Representative Intergovernmental Water Board Agenda Item No.: to IWB Meeting Date: //-"ZIP,-1J-7-- _ City of Tigard Memorandum To: Intergovernmental Water Board Commissioners From: John Goodrich,Water Quality/Supply Supervisor Re: Request regarding Right of Way Date: October 3, 2007 The City of Tigard is requesting that the Intergovernmental Water Board grant the donation of Tax Lot 03451 (Tax Map 2S1 02AD), deemed an "Other Asset" under the Intergovernmental Agreement (12/23/93) Section 4. A(2)b. as "Public Right of Way"as part of the City of Tigard Burnham Street Improvement Project. This asset under the current agreement falls within the boundaries of the City of Tigard and has no structure or improvements associated with it. The City proposes that it is not a system asset as described in the IGA. The current Water Hydraulic Study Master Plan does not identify this property for any future water system distribution projects. The property described is a triangle shaped property adjacent to Burnham Street, and is 0.13 acres (5,563 sq. ft.) (See Attached Map). As a courtesy to its intergovernmental partners, the City is requesting consideration for action on this matter through the IWB boardmembers for final approval. Water Division Staff recommends the IWB Board approve the donation of the subject property as right-of-way. Time is of the essence for this proposal regarding construction on Burnham Street improvements. Therefore, staff requests that a final decision be made regarding this request no later than the scheduled November 14th IWB meeting. 10186 SW Laurel Street Beaverton, OR 97005 Ph 503.644.3436 ROWAask' Fax 503.644.7400 RIGHT-OF-WAY ASSOCIATES,INC.. www.rowainc.com September 12, 2007 Index t 06-041-013 Tigard Water District PO Box 23000 Tigard OR 97223 Subject: Burnham Street Improvements File No. 0353 Re: Tax Assessor's I.D. 2S102AD03451 Introductory Letter Dear Property Owner: The City of Tigard plans to improve Burnham Street between SW Main Street and SW Hall Blvd. Between Main Street and Ash Avenue, the project will construct a 2-lane street section with water quality treatment planters, 18-foot wide sidewalks, parallel parking on both sides of the street, landscaping, and new street lights. Between Ash and Hall Boulevard, the project will build a 3-lane street section from Ash Avenue to Hall Blvd with 12-foot wide sidewalks, parallel parking on both sides, median where feasible, landscaping, new street lights, and gateway treatments at the northwest and southwest corners of its intersection with Hall Blvd. Our information shows that your properties identified as 2S102AD03451, located at No Site Address will be affected by the project. I am an agent with the firm of Right-of-Way Associates, Inc. which has been hired by the City to assist with the project. I am acting as an exclusive agent for the City of Tigard in negotiations to acquire the property rights needed for the project. We are required to provide the City with an estimate of the value of the property rights which are needed for the project. During the following weeks you will be contacted by an appraiser to arrange for an inspection of your property. The appraiser will be prepared to answer questions you may have relating to the appraisal process and the property rights needed by the project and will be interested in obtaining information about the property from you. As part of the appraisal process and to assist in the property inspection, surveyors will be staking or marking the proposed right-of-way and easement lines. Please do not remove any stakes placed on your property. They will be very useful to the appraiser and for our discussions with you after the appraisal is completed. Page 2 of 2 It is my responsibility to conduct discussions with you for the purchase of the property rights needed by the project when the appraisal is completed and just compensation has been established by the City. I can be reached at 503-644-3436, toll-free at 1-800-944-3436, by fax at 503-644-7400 or by email at: david(a�rowainc.com. The City's Project Manager is Vannie Nguyen, P.E., she can be reached at 503-718-2460 or by email at: vannie tigard-or.gov. We would be pleased to provide information or answer any questions you may have about the project prior to the completion of the appraisal. Sincerely, R. David Feinauer, Agent c: Vannie Nguyen M ' y a v- R J hem' 4 04, • V! 4WLV `. Odin" Id IM i 1 �e. a �•'` I o ill fill 111111111k! , J Job imp TV Aawr s d '• •�. ' I �, '! Amt ' I: f' 'r.r{y" •M� .5 p1a } r. ... F a t J 3 cr City of 7)prd's -MAGIC GIs Project File Edit Views Themes Area of Interest Tools Menu Preferences Help and Info. 000AIC Y]r®r ©ID + - - Scale 4.800City of 7 649.676.76_ TigardSearch For: x _ x Patel by Owner Name Taxlot identify Results Subdivis v _Shape......._.............._Pg.1Y.9o�!.._..._._._..._........._. sessor R ....._.__._..._._._._..-._..._._.__._..._.___......_....__._. ...Tld._._.__.........._.._2S1.02ADU3451.--_-.---.-.-•-....... .--.--_-.--.{.--.----- TIGAR__._.__._..--•--_..._..._._._._�. - --- ................ ._---------.----.--.-.--.-.---____— _Ownerl .--_.-TIGARD�CITYOF&._.__._._.___._ ___.__---._._._._.__._.___-_.__._.__._.____.________....__._. Owner2.-•.._.__.!._ GARD WATER_DISTRI(;T,ETA�.'__.___._._.. Wa Oyvriera........._....._...1.3125_SVJ HALL_BLVD............._....__....... ;._................ 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The ;re that.that's who we "To me it's about giving bark fn ;.We help others." our country," said Laeser, a �f The medical mission tered nurse who graduated Agenda Item No.: ted for February 2008 school in the Philippine IWB Meeting Date: 11-116 191- 11 be the second mission moved to the United local chapter has partici- in 1978. In 1988 she `You're getting the bargain ed in. In January, the became an active mem- B See SEWER, -up traveled to the Bicol ber of the Philippine ion'of the Philippines toNurses Association p render aid to residents of America. She who had lost now serves as pres- their homes ident of the Countyo S during a vol- Oregon and f canic eruption Washington f f y� {} ', and typhoon. chapter. o11 on water The second T h e Nw! mission coin- P N A O W 3 ! Cid es with plans to dis- 1 reAf, board an inter- tribute sup- p t �. national plies like l;Siit c on f e r- toothbrushes, ence for toothpaste appointment 41, ' . F i l i p i no and school nurses in g and health lila, the Capital JENNIFER CLAMP " imes supplies to They state a preference for Etre Philippines. HIGHLAND TRADITIONS — Bogs about 200 an Intergovernmental !r attending the Nabehet, of Portland beats on a gong mountain vil- Water Board member Over Terence, meta- during rehearsals at theTualatin a see of the Heritage Center for Saturday'$1'aste of RLIPINO, a second Tigard employee .OW will trav- the Philippines event. Ag By BARBARA SHERMAN OfTheTimes ed with Spanish sounds HIngton C u — The Washington County Board of Commissioners on Nov. 6 SOUNDING that by teaching students in their native agreed to postpone appointing Tigard Public Works Director � OUT SUCCESS languages, students can learn a second Dennis Koellermeier as an — Instructional language more easily. Spanish native- Intergovernmental Water assistant Kerry language instruction continues until the Board representative to the Gavett focuses fourth grade when students begin a West Bull Mountain Technical on pronuncing transition into English. Advisory Committee. Spanish sounds However, a lack of intervention Ken Henschel, chairman of with a group of sources and material has been frustrat- the Tigard Water Board, and kindergartners in ing to educators who watch as Spanish- Kinton Fowler, another water the "El Camino al speaking students snuggle, said board member, appeared at the exi#o`' SpanishMetzger Elementary School Principal meeting to aik the county com- intervention pro- Karen Twain. ram at Metzger missioners to take the item off g 9 "These kids are hungry for instruc- the consent agenda before vot- Elementary. tion," Twain said. "And this (program) ing on it,which they did. JENNIFER CLAMPET/ just reminds us that these kids can defi- itel keep u Later in the meeting, n TheTimes y P P Henschel asked the commis- Already, said Gavett, some of the sioners not to appoint i the Tigard-Tualatin School first wave of"El Camino al exito" stu- 0 S",WATER BOARD,A2 ict,students who are determined to dents are testing out of first-grade 1 tronger in the Spanish language Spanish reading. FOR HOM DELVE 1YC./ut5oM24W 1 they first enter school 'are Last year,Gavett and Burnett imple- led in a Spanish native-language mented the new program.They worked lction program. Some educators, 1111111111111111111111111 those in Tigard-Tualatin, believe ■See SPANISH,A3 7 12506 0010 9 7 Ilrte 7/ KP n o move IP"_ TOM with the sewer project. The WORM 546-0733 . only question was wh'6 Water board. Commissioners vote 4-0 would pay for it. About 70 percent of the design work has already, e Valdez ■Continued from Al Intergovemmental Water Board member ize exactly who this person was who was been completed on the sewer 546-0732 Koellermeier,who provides staff support to Jurisdictions are already represented on the being appointed,being that there is already project, which will serve 37 P9.." the Intergovernmental Water Board, for advisory committee. a member of the city of Tigard staff on the of the homes with a gravj'tj+ several reasons, including: ■ Julie Russell is a Tigard Water committee.The idea was to get representa- sewer system. d=House ■ The Technical Advisory Committee District commissioner as well as its repre- tion from everyone but not over-representa- The city is offering to will be advising the county on issues sentative on the Intergovernmental Water tion necessarily." pay for all the costs of the 546-0746 lated to Areas 63 and 64 on Bull Board,so she"is in an excellent position to Rogers added that he still believedthat, project and hook-ups if " " 've regular _! updates. �'I�olxntain, nand the dvernmental .,!� g P : 'to . ., the...;the�, Intergovernmer�tal Water.., Board. ,,,hogaeow.p,ers.,a,de�ide ..,ro ersovernnientaIs Watev.13oar& on -the. should' have a representative on the hook up during protect Committee's discus- Technical Advisory.,Committee,,. Ybu>t it.,, ..,,wnstrucOoa, h is slat- graphic area outlined in a 1994 intergov- sions,"Henschel said. probably should be someone who was ed for the summer of 2008. ernmental agreement. County Board of Commissioners Vice elected" If residents decide to hook 49865 ■ Koellermeier should not represent Chairman Roy Rogers,who led last week's During the commissioners' discussion, up to the sewer line within the Intergovernmental Water Board meeting in the absence of Chairman Tom Commissioner Andy Duyck noted, "I'm three years after that, the A1AMnU vae because he is neither its employee nor a Brian, asked if Tigard already had a repre- sensitive to the issue of double-dipping or homeowners would be commissioner. sentative on the Technical Advisory stacking. I want to get as broad of repre- responsible for paying for ■ The Intergovernmental Water Board Committee. sentation as we can. I tend to agree with everything but the mai!a seine Moore did not discuss `the appointment of Its representative is Ron Bunch, the you" line construction, and the 546-0771 Koellermeier to the advisory committee in city's long-range planning manager, Commissioner Desari Strader added, "I city would contribulk open public session, not did it vote on the Henschel replied. think the position needs to be filled. I want $2,000 toward septic abaw- issue. "When the matter came before Tom and to see (the Technical Advisory Committee donment. After the three- 61 The jurisdictions represented on the I, I insisted that the Tigard Water District have)an even broader representation." year mark, the city would 546-0781 Intergovernmental Water Board are the be represented on (the advisory commit- Duyck said that "I have no problem no longer offer the $2,004) cities of Tigard, King City and Durham, tee)," Rogers said. "At the same time, we appointing someone from an advisory incentive for tank decom- plus the Tigard Water Board, which serves said that it would be appropriate to have a board," and he made a motion to wait two missioning. Pettill the unincorporated area within the Tigard representative from the Intergovernmental weeks before voting on a representative According to staff en water-service area. With the exception of Water Board because it represents a much from the Intergovernmental Water Board. reports, two residents s .5464777 Durham,which is not geographically close more broad area. The commissioners voted 4 to 0 on the "no"to the project even to Areas 63 and 64, all the other "What is resonating is that I didn't real- motion. the low-cost options. •Brallier nc sus 5782 . ' PLEASE — «�-- Meeting Saturday Nights , feel 1111k e a, s i..t 1.:)car g e n��.i s! i :.,W,, 1. gIM&I, LOCALLY OWNED BY PAM PLIN MEDIA GROUP • TIGARD I TUALATIN I SHERWOOD TheT,i, mesr RE Hews '� Opinion `\ Features ti Sports Sustainable Life US& World News Classifieds Contac Find a story West Bull Mountain planning groups named Tic Advanced search The stakeholder work group, technical advisory committee will start planning Areas 63 and 64 t BY BARBARA SHERMAN Keywords The Times, Oct 11. 2007 Any Two large swaths of land Writer on the west slope of Bull = T. Mountain that were added fflu�affi Any to the Urban Growth Month Boundary in 2002 and dubbed Areas 63 and 64 are Any now poised to be studied $ 5 OFf Year and planned for future development. Search The Washington County Store Pickup --- Board of Commissioners recently appointed members to Buying online Browse archive the West Bull Mountain Browse news archive Planning Stakeholder Work Group and the West Bull - Mountain Planning Technical Th •««w�••"»- Advisory Committee with the Buy + * OFF S goal of adopting the � Find a paper implementing ordinances to ' D B Enter a street name govern development by the end or a 5 digit zip code of 2009. W I The stakeholder group is composed of interested citizens and representatives of involved Al governments working closely with consultants and staff on the planning process. Search The technical committee is composed of representatives of affected jurisdictions and service providers who will work with consultants,the stakeholder group and staff to advise the commissioners on the process. r The process is in man),ways similar to the North Bethany process,according to county Principal Planner,Joanne Rice,"although we'll bring in the environmental perspective outside of Clean Water Services and also affordable housing,"she said."They will meet as needed." She added,"The intent of the stakeholder work group is to give immediate feedback to what the staff and consultants come up with.We wanted a balanced representation of different Breaking News groups and interests." Email Alerts As compared to North Bethany,where much of the land was already purchased or under option,"it's really different on Bull Mountain," Rice said."Only a few developers have The Times purchased land or options." News feed The stakeholder group has two members who each own property in one of the areas, plus there are a couple of representatives from subdivisions in the area,two citizen participation - organizations and Friends of Bull Mountain,according to Rice. "We want to get all those broad perspectives,"she added. ull Mountain planning groups named Page 2 of 2 I . 1 The two areas comprise 48o acres,and although planning is now starting,there is no water provider or park provider,according to Rice. d 4eWSDIy "Those will be handled concurrently but separately,"she said. If all goes according to schedule and the implementing ordinances are adopted by the end of next year,after a 30-day waiting period,development applications could then be submitted, l ribune Rice said. "People can submit applications,but the infrastructure must be in place first,"she added. DMMB "Such issues as storm water and sewer must be addressed.There are already some stubbed streets to the areas.The next major step after the planning is putting in the infrastructure." 0 U1 Group members i' Members of the West Bull Mountain Stakeholder Work Group include Mark Ferris,vice k"00 president of land development with Zimmler Development, Dan Grimberg,director of land development with West Hills Development,Steve Jacobson,a property owner in Area 63, - r Joanne Criscione,a property owner in Area 64,Yolanda McVicker representing Citizen Participation Organization 4B(Bull Mountain/Tigard)and Art Rutkin representing CPO 4K (King City). )U,NTI' NEIVS Other members are Lisa Hamilton-Treick of Friends of Bull Mountain,nearby residents Michael Freudenthal and LaVelle Haas,Rob Saxton,superintendent of the Tigard-Tualatin ]� School District,and Nora Curtis,conveyance department director vvith Clean Water Services. �U An environmental representative is expected to be appointed from the Friends of the Tualatin River National Wildlife Refuge. i The West Bull Mountain Technical Advisory Committee is made up of Richard Steinbrugge, executive administrator for facilities for the Beaverton School District, Kelly Hossaini,legal ��'I,()OK counsel for the Tigard-Tualatin School District,Julie Russell,a Tigard Water District board member,Carrie Pak,engineering division manager with the Conveyance Department for CWS, Mike Duyck,division chief with Tualatin Valley Fire&Rescue,and Tom Mills,senior planner �T��1�3'��j for TriMet. / n L yY i Other members are Steve Gulgren,planning/development superintendent,and Keith ., . Hobson,assistant general manager,both with Tualatin Hills Park and Recreation District,Tim YY G+l O'Brien,senior regional planner with Metro,Ron Bunch,long-range planning manager with the city of Tigard, David Wells,the city manager of King City,Marah Danielson,senior CERplanned with ODOT and Meg Fernekes,senior planner with the Department of Land OURIConservation and Development. Finally,other members are Paul Whitney with Tualatin Riverkeepers, Robin Smith with WPM HDC Housing Corp,and Greg Miller,county engineer,Tom Tushner,principal engineer .r (traffic)and Rick Reatz,principal engineer(drainage)with the county Department of Land use %Oftsr 1,0. and Transportation,Susan Wilson,director of Housing Services, David Hepp,undersheriff with the sheriff's office,and Candi Paradis,facilities manager with Facilities and Parks Services. 1119 "OTLIGH"I Y'+ yam..{c Itt t�.t 114w-t/' ' n ba Copyright 2007 Pamplin Media Group,6605 S.E. Lake Road, Portland, OR 97222 • 503-226-6397 Pamplin Media Group Privacy Policy City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 October 19, 2007 �1 �i Tom Brian, Chairman Washington County Board of Commissioners 155 N. First Avenue, Suite 300 MS 22 Hillsboro, OR 97124 Re: West Bull Mountain Planning area, Technical Advisory Committee Dear Chair Brian, I am writing on behalf of the Intergovernmental Water Board(IWB), which is comprised of the cities of Durham, King City, and Tigard, as well as the Tigard Water District. The IWB has had a discussion of the current planning effort that the County is starting for this area and is concerned that confusion exists regarding the roles and responsibilities of the IWB and the Tigard Water District. The IWB offers the following information for the Commissioners to consider. Technically, the state of Oregon recognizes the City of Tigard as the water provider for the Bull Mountain area represented within the unincorporated Washington County by the Tigard Water District.. This recognition is managed by the Department of Human Services, Drinking Water Division, and is based on technical competency and public reporting requirements for public water systems throughout the state. The City of Tigard provides certified operators and other mandatory technical requirements for the entire Tigard water service area, including the area described as the Tigard Water District. The City of Tigard is obligated to do so until 2018. Due to that obligation,the master planning for water service in the areas now known as 63 and 64 was completed in 2000 under the "Water Distribution Hydraulic Study." Tigard staff has made this information available to your planning staff. The IWB also is concerned that a technical water staff member is not currently assigned to the technical group assisting the planning process. To that end the IWB chair has asked that I be assigned to that group. I have discussed this with Joanne Rice and she suggested I address this letter to you. Thank you for your consideration of this appointment. Soe ermeier City of Tigard Public Works Director cc: IWB, TWD, Craig Prosser, Tim Ramis Phone: 503.639.4171 Fax: 503.684.7297 • www.tigard-or.gov TTY Relay: 503.684.2772 WASHINGTON COUNTY OREGON November 20. 2007 Submitted at the IWB Meeting Bill Scheiderich By: Chair, Intergovernmental Waver Board CSO City of Tigard Date: Agenda Item No.: 12800 13125 SW Hall Blvd. Tigard, OR 97223 Subject: Technical Advisory Committee for the Pltuming of West Bull Mountain Dear Bill, "1•his letter Follows up on our telephone conversation yesterday about representation on the West Bull Mountalli TAC by the intergovernmental Water Board (1Wf3). As wu discussed yesterday, the Washington County Boyd of Coinniissioners requests that the 1WB nominate a member of the 1WB to be its representative on the TAC. Please scud me a copy of the 1WB's action. Once written notice of the nomination is received, we will chcdulc the mattcr for action by the Board of C:ommissioncrs. Thant: you For yuur assistanec with this matter. Please call me if you leave any questions at 503- 846-3965. Sinccrcly, J)anne Rice Principal Planner Washington County Dept of Ltuld Use &Transportation Planninb Division I C. Board ul•Cummissialus Bob Davis,Counly Administrator 13rcnl C7urlis, Planniot;Mai,ager Kathy Lchioln•Directur, DLUT Department of Land Use &Transportation Planning Division 155 N First Avenue, Ste. 350 MS 14 - Hillsboro, OR 97124-3072 phone: (503) 846-3519 • fax: 15031 896.4412 www.eo.washiniton.or.us Greer Gaston From: Bill Scheiderich [bscheiderich@ci.beaverton.or.us] Sent: Wednesday, November 28, 2007 11:45 AM To: Greer Gaston Cc: Dennis Koellermeier Subject: RE: Letter from J Rice I'm going to apply it literally and not infer that County wants an elected official who happens to be on the IWB, just an IWB-"elected" representative. Please prepare a revised agenda for distribution tonight, revising Item 7 to read "Elect IWB representative to WaCo TAC" and do attach a copy of that letter from Joanne Rice, thanks. From: Greer Gaston [m iIto:GREER tigard- r.gov Sent: Wednesday, November 28, 2007 11:39 AM To: Bill Scheiderich Cc: Dennis Koellermeier Subject: Letter from J Rice Bill, Joanne did fax a letter to us last week. It's attached. I will have copies available to handout at tonight's meeting if you so choose. (Remember the meeting is at the library.) Greer Gaston Executive Assistant City of Tigard Public Works Dept. 503.718.2595 Rreer@tigard-or.gov 1 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 Submitted at the IWB Meeting By. a.t Cmr mi-plox u- . hezdeilchs r ` lios� November 30, 2007 Date: 12- /2 - Q Agenda Item No.. -Aloxt_ Ms.Joanne Rice Principal Planner Washington County Department of Land Use&Transportation 155 N First Avenue, Ste. 350 MS 14 Hillsboro OR 97124-3072 Subject: Technical Advisory Committee for the Planning of West Bull Mountain Dear Joanne, Thank you for your November 20 letter on this subject.The Tigard Intergovernmental Water Board (IWB) met on November 28 and elected yours truly as its representative to this Technical Advisory Committee (TAC) by unanimous vote. I presently serve as Chair of that Board and as the "member at large" (i.e., the public member, not acting as representative of any other party on that Board). I reside in Tigard and I am employed as a city attorney in Beaverton and Durham. I have been involved in water supply planning for over 20 years. Please contact me regarding TAC meeting schedules either by mail addressed to the IWB at the City of Tigard or by email to my office in Beaverton: bscheiderich@ci.beaverton.or.us. Finally,having read news accounts of the County Commission's action that prompted your November 20 letter,please advise the Commission,on behalf of the IWB, that we had appointed Dennis Koellermeier to this TAC with the belief that, first,our Board's bylaws allow us to delegate Tigard staff to Board functions and, second,Dennis is quite well versed in regional water supply issues in his capacity as Tigard's Public Works Director.The City of Tigard manages the water supply for all IWB participants -Durham,King City, the City of Tigard and the Tigard Water District.That being said, I will be pleased to represent the IWB on this TAC. Thank you again for your assistance with this matter. Sincerely, C t Bill Scheiderich v Chairperson, Intergovernmental Water Board c: Intergovernmental Water Board Commissioners Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov TTY Relay: 503.684.2772 Distributed to IWB Members /-9 -413 AGENDA Via: IE-mail Ci Mail Xln-person at meeting WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent-Land Use&Transportation (CPOs 4B&4K) Agenda Title: APPOINT MEMBER TO THE WEST BULL MOUNTAIN TECHNICAL ADVISORY COMMITTEE Presented by: Brent Curtis, Planning Manager SUMMARY: On November 6 and November 20,2007,the Board considered an appointment to the West Bull Mountain Technical Advisory Committee(TAC)to represent the Intergovernmental Water Board (IWB). The IWB is made up of the Tigard Water District and the cities of Durham, King City and Tigard. On November 20,the Board requested that the IWB nominate a member of the IWB to be its representative on the TAC. At its meeting on November 28, 2007,the IWB requested that it be represented by Bill Scheiderich(see attached letter). Mr. Scheiderich is Chairman of the IWB and serves as Member at Large. FIs was a.p JO rb►�eC� . Z,eee atbehi J adra fZ Mil Ulu-, . S:IPLNGIWPSHAPMUOB_MmwuroW a1_BW-WTAC%12.16 07_AWrACAM DEPARTMENT'S REOUESTED ACTION: Appoint Bill Scheiderich to represent the Intergovernmental Water Board on the West Bull Mountain Technical Advisory Committee. COUNTY ADMIMSTRATOR'S RECOMMENDATION: I concur with the requested action. Agenda Item No. LE 100-601000 Date: 12/18/07 City of Tigard, Oregon • 13125 SWHall Blvd. • Tigard, OR 97223 IN November 30,2007 ' Ms.Joanne Rice Principal Planner Washington County Department of Land Use&Transportation 155 N First Avenue,Ste.350 MS 14 Hillsboro OR 97124-3072 Subject:Technical Advisory Committee for the Planning of West Bull Mountain Dear)oanne, Thank you for your November 20 letter on this subject.The Tigard Intergovernmental Water Board (IWB) met on November 28 and elected yours truly as its representative to this Technical Advisory Committee (TAC) by unanimous vote. I presently serve as Chair of that Board and as the"member at Large" (i.e.,the public member,not acting as representative of any other party on d-iat Board). I reside in Tigard and I am employed as a city attorney in Beaverton and Durham. I have been involved in water supply planning for over 20 years. Please contact me regarding TAC meeting schedules either by mail addressed to the IWB at the City of Tigard or by email to my office in Beaverton: bscheiderich@ci.beaverton.or.us. Finally,having read news accounts of the County Commission's action that prompted your November 20 letter,please advise the Commission,on behalf of the IWB, that we had appointed Dennis Koellermeier to this TAC with the belief that, first,our Board's bylaws allow us to delegate Tigard staff to Board functions and,second,Dennis is quite well versed in regional water supply issues in his capacity as Tip,rd's Public Works Director.The City of Tigard manages the water supply for all IWB participants- Durham, King City, the City of Tigard and the Tigard Water District. That being said, I will be pleased to represent the IWB on this TAC. Thank you again for your assistance with this matter. Sincerely, ,- 2 \� Bill Scheiderich Chairperson, Intergovernmental Water Board c: Intergovernmental Water Board Commissioners Pbone: 503.639.4171 Fax: 503.684.7297 e www.tigard-ot-.gov . =Relay: 503.684.2772 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS DECEMBER 18,2007 CONVENED: 6:30 p.m. BOARD OF COMMISSIONERS: Chairman Tom Brian Vice Chair Roy Rogers Commissioner Dick Schouten Commissioner Desari Strader Commissioner Andy Duyck STAFF: Robert Davis, County Administrator Dan Olsen, County Counsel Kathy Lehtola, Director, LUT Bob Cruz, General Manager, CWS Mark Brown, LUT Joanne Rice, LUT Paul Schaefer, LUT Patt Opdyke, CPO Coordinator Jeff Friend, Audiovisual Specialist Marian Larkin, Recording Secretary PRESS: Kathy Gorman, The Oregonian APPROVAL OF MINUTES: 1. CONSENT AGENDA Chairman Brian announced that Clean Water Services' item W. was revised and the purchase agreement was available. Item 11 was removed from the agenda and would be continued 1/15/08. A replacement item for I.k. was provided clarifying the installation of this project was requested by the City of Hillsboro. It was moved to adopt the Consent Agenda as modified. Motion—Rogers 2"d—Strader Vote—5-0 CLEAN WATER SERVICES La. CWS RO 07-56 Acquire Easements for Sanitary Sewer(Approved Under Consent Agenda) Lb. CWS MO 07-122 Approve Intergovernmental Agreement Between Washington County Land Use and Transportation and Clean Water Services for Improvements to River Road(CPO 9) (Approved Under Consent Agenda) I.C. CWS MO 07-123 Approve Modification of Amendment 12 to Master Agreement for Engineering Services with MWH Americas, Inc., for the Lower Tualatin Pump Station and Force Main Project (Approved Under Consent Agenda) Ld. CWS MO 07-124 Approve the Purchase of Real Property and Authorize General Manager or His Designee to Sign Appropriate Documents (CPO 11) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION Le. RO 07-204 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Marcus Glen (CPO 6) (Approved Under Consent Agenda) —� l.f. MO 07-400 Appoint Member to the West Bull Mountain Technical Advisory Committee (CPOs 4B &4K) (Approved Under Consent A_ends) l.g. MO 07-401 Appoint CPO 4B Representative to West Bull Mountain Stakeholder Work Group(CPOs 413 & 4K) (Approved Under Consent Agenda) l.h. RO 07-205 Approve Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for River Road/Rood Bridge Road-Davis Road Project (CPO 9) (Approved Under Consent Agenda) �- C1 -08 AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Consent-Land Use&Transportation (CPOs 4B&4K) Agenda Title: APPOINT MEMBER TO THE WEST BULL MOUNTAIN TECHNICAL ADVISORY COMMITTEE Presented by: Brent Curtis, Planning Manager SUMMARY: On November 6 and November 20, 2007,the Board considered an appointment to the West Bull Mountain Technical Advisory Committee(TAC)to represent the Intergovernmental Water Board (IWB). The IWB is made up of the Tigard Water District and the cities of Durham, King City and Tigard. On November 20,the Board requested that the IWB nominate a member of the IWB to be its representative on the TAC. At its meeting on November 28, 2007,the IWB requested that it be represented by Bill Scheiderich(see attached letter). Mr. Scheiderich is Chairman of the IWB and serves as Member at Large. �s was a�fo16►-eco. . S,ee atb-inkwJ arra fZ ml*ntc.lzLx, . S:IPLNG\WPSHAREIUGB PlsnoineWen_B _.WTACU2.1807_AppiTAC.doc DEPARTMENT'S REQUESTED ACTION: Appoint Bill Scheiderich to represent the Intergovernmental Water Board on the West Bull Mountain Technical Advisory Committee. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested action. Agenda Item No. )<.f 100-601000 Date: 12/18/07 City of Tigard, Oregon 13125 SW Hall Blvd. Tigard, OR 97223 November 30, 2007 Ms.Joanne Rice Principal Planner Washington County Department of Land Use&Transportation 155 N First Avenue,Ste. 350 MS 14 Hillsboro OR 97124-3072 Subject:Technical Advisory Committee for die Planning of West Bull Mountain Dear Joanne, Thank you for your November 20 letter on this subject.The Tigard Intergovernmental Water Board (IWB) met on November 28 and elected yours truly as its representative to this Technical Advisory Committee (TAC) by unanimous vote. I presently serve as Chair of that Board and as the"member at large" (i.e., the public member,not acting as representative of any other party on that Board). I reside in Tigard and I am employed as a city attorney in Beaverton and Durham. I have been involved in water supply planning for over 20 years. Please contact me regarding TAC meeting schedules either by mail addressed to the IWB at the City of Tigard or by email to my office in Beaverton:bscheiderich@ci.beaverton.or.us. Finally,having read news accounts of the County Commission's action that prompted your November 20 letter, please advise the Commission,on behalf of die IWB, that we had appointed Dennis Koellermeier to this TAC with the belief that, first,our Board's bylaws allow us to delegate Tigard staff to Board functions and,second,Dennis is quite well versed in regional water supply issues in his capacity as Tigard's Public Works Director.The City of Tigard manages the water supply for all IWB participants - Durham, King City, the City of Tigard and die Tigard Water District.That being said, I will be pleased to represent the IWB on this TAC. Thank you again for your assistance with this matter. Sincerely, A C Bill Scheiderich Chairperson, Intergovernmental Water Board c: Intergovernmental Water Board Commissioners Phone: 503.639.4171 9 Fax: 503.684.7297 9 www.tigard-or.gov o TTY Relay: 503.684.2772 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS DECEMBER 18,2007 CONVENED: 6:30 p.m. BOARD OF COMMISSIONERS: Chairman Tom Brian Vice Chair Roy Rogers Commissioner Dick Schouten Commissioner Desari Strader Commissioner Andy Duyck STAFF: Robert Davis, County Administrator Dan Olsen, County Counsel Kathy Lehtola, Director, LUT Bob Cruz, General Manager, CWS Mark Brown, LUT Joanne Rice, LUT Paul Schaefer, LUT Patt Opdyke, CPO Coordinator Jeff Friend, Audiovisual Specialist Marian Larkin, Recording Secretary PRESS: Kathy Gorman, The Oregonian APPROVAL OF MINUTES: 1. CONSENT AGENDA Chairman Brian announced that Clean Water Services' item W. was revised and the purchase agreement was available. Item 11 was removed from the agenda and would be continued 1/15/08. A replacement item for Lk. was provided clarifying the installation of this project was requested by the City of Hillsboro. It was moved to adopt the Consent Agenda as modified. Motion—Rogers 2"d—Strader Vote—5-0 CLEAN WATER SERVICES La. CWS RO 07-56 Acquire Easements for Sanitary Sewer(Approved Under Consent Agenda) l.b. CWS MO 07-122 Approve Intergovernmental Agreement Between Washington County Land Use and Transportation and Clean Water Services for Improvements to River Road (CPO 9) (Approved Under Consent Agenda) I.C. CWS MO 07-123 Approve Modification of Amendment 12 to Master Agreement for Engineering Services with MWH Americas, Inc., for the Lower Tualatin Pump Station and Force Main Project (Approved Under Consent Agenda) l.d. CWS MO 07-124 Approve the Purchase of Real Property and Authorize General Manager or His Designee to Sign Appropriate Documents (CPO 1 1) (Approved Under Consent Agenda) LAND USE AND TRANSPORTATION Le. RO 07-204 Approve Establishment of a Road Maintenance Local Improvement District (MLID) for Marcus Glen (CPO 6) (Approved Under Consent Agenda) -� Lf. MO 07-400 Appoint Member to the West Bull Mountain Technical Advisory Committee (CPOs 4B & 4K) (Approved Under Consent Agenda) l.g. MO 07-401 Appoint CPO 4B Representative to West Bull Mountain Stakeholder Work Group (CPOs 4B & 4K) (Approved Under Consent Agenda) l.h. RO 07-205 Approve Declaration of Necessity and Protective Rent Payments for Right-of-Way Acquisition for River Road/Rood Bridge Road-Davis Road Project(CPO 9) (Approved Under Consent Agenda) Agenda Item No.: IWB Meeting Date: TUALATIN BASIN WATER SUPPLY PARTNERSHIP MEMORANDUM OF AGREEMENT OCTOBER 31 , 2007 k wr A r A Table of Contents 1) Introduction..............................................................................................................1 2)Areas of Agreement ...................................................................................................2 3) Principles of Agreement..............................................................................................4 Backgroundon the Project.............................................................................................................4 BenefitStatements and Principles of Agreement......................................................................5 TenPrinciples of Agreement for the Title Transfer...................................................................7 Four Additional Principles of Agreement for the Water Supply Project........................... 10 4) Governance Structure and Operating Framework..........................................................12 SectionOne: Management and Operations...........................................................................12 SectionTwo: Allocation of Water and Water Rights........................................................... 17 SectionThree: Ownership of Assets..........................................................................................17 SectionFour: Project Funding..................................................................................................... 18 Section Five: Assumption of Liability........................................................................................20 SectionSix: Sales of Excess WaterSupply............................................................................20 SectionSeven: Provisions for Drought Management.............................................................22 Section Eight: Addition and Withdrawal of Partners............................................................23 SectionNine: Dispute Resolution...............................................................................................23 5) Signatures..............................................................................................................25 Appendix: Statement of Proposed Action 1 ) INTRODUCTION After several months of preliminary discussions,representatives of the Tualatin Basin Water Supply Partners began meeting as a "Governance Task Group."The Task Group was responsible for selecting a governance structure and framework that would serve to cohesively bind the group together in a manner that will allow for efficient and effective ownership and management of the Tualatin Project. The Task Group met ten times between June and October 2007. The final product of the Task Group is this Memorandum of Agreement(MOA). The group began its work by clarifying the goals, perceptions,issues, and concerns of each of the represented organizations. This led to the completion, in July 2007, of the Task Group's Principles of Agreement, which are part of this MOA. The Task Group reviewed and evaluated a number of potential governance models as part of its work, and after significant discussion and debate,determined that a structure similar in form and function to the area's Joint Water Commission would be a governance structure most suited to, and politically accepted by,the partnering agencies. This Governance Structure and Operating Framework is also included in this MOA.The participating agencies selected the Tualatin Basin Water Supply Partnership as the title for their new, collaborative management structure. This Memorandum of Agreement, which has been signed by all of the represented organizations,is meant to serve as the basis for a more legalistic Intergovernmental Agreement,which will follow. This memorandum contains five agreements among the Tualatin Partners: 1. An agreement to continue to pursue title transfer of the Tualatin Project. 2. An agreement to continue to pursue the potential expansion of the Tualatin Project. 3. An agreement to abide by the Principles of Agreement as developed by the Governance Task Group. 4. An agreement to abide by the Governance Structure and Operating Framework as developed by the Governance Task Group. 5. An agreement to continue to work collaboratively on the"next steps" required to enact this MOA. Memorandum of Agreement 1 Tualatin Basin Wafer Supply Partnership October 31, 2007 2) AREAS OF AGREEMENT We, the undersigned, as Partners in the Tualatin Basin Water Supply Partnership, agree to the following: AGREEMENT ONE:THE PARTNERS WILL CONTINUE TO PURSUE TITLE TRANSFER OF THE TUALATIN PROJECT. The Partners recognize the benefits of local ownership and control of the Tualatin Project,which includes Scoggins Dam and its associated facilities. The Partners will continue to work together to foster the successful transfer of the project from the U.S. Bureau of Reclamation to the Tualatin Partnership. This will include participation in meetings and discussions, review of evaluative information as it becomes available, and general good will and political support for the transfer of title. The Partners agree to work actively to ensure that title transfer is successfully completed by March 2008. The Partners recognize that final decisions on title transfer cannot be made until additional assessments have been completed. These include an assessment of the potential environmental impacts and benefits of the transfer, the costs associated with the transfer, and the liabilities the Tualatin Partnership will assume as a result of title transfer. These evaluations are due to be completed in December 2007. Upon their completion, the Partners will meet to review the data and make the decisions necessary and appropriate regarding the transfer of title. AGREEMENT TWO: THE PARTNERS WILL CONTINUE TO PURSUE THE TUALATIN WATER BASIN SUPPLY PROJECT. The Partners recognize that there could be significant benefits in increasing the amount of water stored behind Scoggins Dam, and in improving the infrastructure necessary to supply that water to the entities that make up the Tualatin Partnership. The Partners recognize there are a number of unknowns associated with the supply project,including cost, potential environmental impacts and benefits,water allocations, pricing, and numerous other issues. Nonetheless, the Partners agree that the project is a worthwhile pursuit.The Partners pledge that they will continue to work in good faith with one another to pursue the project to a successful conclusion. Memorandum of Agreement 2 Tualatin Basin Water Supply Partnership October 31, 2007 AGREEMENT THREE: THE PARTNERS WILL ABIDE BY THE PRINCIPLES OF AGREEMENT THEY HAVE CRAFTED TOGETHER. The Partners acknowledge that they worked in a collaborative, open, and participative manner to develop the Principles of Agreement included in this MOA. The Partners acknowledge that the Principles were written to address the numerous issues, concerns, and priorities of the various Partners. The Partners pledge that they will uphold these Principles as title transfer and the water supply project continue to be pursued. AGREEMENT FOUR: THE PARTNERS WILL ABIDE BY THE GOVERNANCE STRUCTURE AND OPERATING FRAMEWORK THEY HAVE CRAFTED TOGETHER. The Partners acknowledge that they worked in a collaborative,open, and participative manner to select a governance model that best serves the needs of the entire Partnership. Discussions on that model led to the development of the Governance Structure and Operating Framework included in this MOA. The Partners pledge that they will uphold the decisions that led to the development of this Governance Structure, and further pledge that the Intergovernmental Agreement will incorporate the precepts included in the Governance Structure. AGREEMENT FIVE: THE PARTNERS WILL ACTIVELY PARTICIPATE IN THE "NEXT STEPS" REQUIRED FOR IMPLEMENTATION OF THE ELEMENTS OUTLINED IN THIS MOA. Those action items include: ➢ The formation of an intergovernmental agreement that will incorporate the precepts provided by this Memorandum of Agreement. Review of, and decisions related to the environmental,cost, and liability impacts associated with title transfer. ➢ Continued meetings among the Partners to review new information, developments,outstanding issues, and activities associated with title transfer and the supply project. ➢ Continued willingness to meet with and brief policy makers at all levels regarding the Tualatin Project and Partnership. Memorandum of Agreement 3 Tualatin Basin Water Supply Partnership October 31, 2007 3) PRINCIPLES OF AGREEMENT BACKGROUND ON THE PROJECT The Tualatin Partnership is currently comprised of the cities of Beaverton, Forest Grove, Hillsboro and Tigard,Clean Water Services,the Tualatin Valley Water District (TVID), the Tualatin Valley Irrigation District, Washington County,and the Lake Oswego Corporation.These nine Partners have worked together over the past year to develop a governance agreement that will enable them to assume ownership of the Tualatin Project - Scoggins Dam and its associated facilities- from the U.S. Bureau of Reclamation. While numerous benefits will be achieved through title transfer alone, a number of the Partners are actively pursuing, and hope to invest in, the Tualatin Water Supply Project, which would raise the level of Scoggins Dam, and would provide a substantial new source of water supply. Each of the Partners appointed representatives to the Tualatin Partners Governance Task Group,which began working together in June 2007 to collaborate, and agree on, a new governance structure. The Task Group developed these draft Principles of Agreement during July 2007. These Principles were followed,in turn by the development of a Governance Structure and Operating Framework,which is also included in this Memorandum of Agreement. As background on the overall effort,it is helpful to first understand the interests of the various parties involved. Currently, The Tualatin Valley Irrigation District is contracted to use 27,022 acre/feet of the stored water in Hagg Lake(the water reservoir behind Scoggins Dam). TVID is satisfied with its existing contracts with the Bureau of Reclamation. TVID does not need additional water and has no plans to invest in the new water supply project. Likewise, the Lake Oswego Corporation,which has an existing contract with the Bureau for 500 acre/feet of the stored water volume, has not committed funding toward the new water supply project at this point. Memorandum of Agreement 4 Tualatin Basin Water Supply Partnership October 3), 2007 Washington County does not have contracts for any of the stored water in Hagg Lake,but it does lease property from the Bureau of Reclamation for County park facilities. It does not plan to invest in the water supply project, and will want assurances from the Partnership that the original project purpose of recreation continues to be recognized, and that those park facilities will be replaced if the dam is raised. These three entities are commonly referred to as"repayment contractors," since they have remaining loan payments to, and existing contracts with, the Bureau of Reclamation. The other Partners plan to invest in the new water supply project, which is currently estimated to cost between $3004400 million. The Tualatin Valley Water District (TVWD) proposes to invest the most money; current plans are for the TVWD to own up to 44%. of the new water supply project. The other investors in the new water supply project include the cities of Hillsboro, Beaverton, Tigard and Forest Grove, as well as Clean Water Services. With the exception of Tigard and TVWD, all of these entities also have existing water supply contracts with the Bureau of Reclamation for water stored in Hagg Lake. The proposed percentage of their new investments in the water supply project varies from 1-50%, based on the volume of water that will be available once the dam is raised. TVWD, Hillsboro, Beaverton, and Tigard are in need of new water supplies in the immediate future, ranging from 2016 to 2020. Forest Grove will not need additional water for an estimated 30-35 years. Clean Water Services (CWS) is a public utility committed to protecting water resources in the Tualatin Watershed. In order to protect watershed health, CWS releases water from Hagg Lake to enhance the ecological functions of the Tualatin River and its tributaries. It requires that there be adequate storage capacity in Hagg Lake to ensure sufficient ecological stream flows throughout the basin during critical periods of the year. CWS is currently under contract with the Bureau for 12,618 acre/feet of the stored water at Hagg Lake. In a sense, then;it is useful to view the Partners through two different lenses—those with existing contracts and no immediate need for additional supplies—the "repayment contractors" and those we might term"new investors," which are the entities that are actively pursuing both the title transfer and the water supply project. BENEFIT STATEMENTS AND PRINCIPLES OF AGREEMENT These Principles of Agreement will serve as a framework for how the nine Partners will work together over the long term to manage the water supply provided by the Tualatin Project. These Principles also served as the starting point for the Task Group's Governance Structure and Operating Framework, which was completed in Memorandum of Agreement 5 Tualatin Basin Water Supply Partnership October 31, 2007 September 2007. As it initiated its work, the Task Group also developed a number of benefit statements associated with the title transfer and the water supply project. Benefit Statement: What will the Tualatin Basin pain throygh title transfer? Even without the new water supply project,title transfer of the Tualatin Project will be beneficial: A It will provide the participating entities with local control over the source of supply. ➢ It will build ownership equity in the Scoggins Dam system. The local Partners will own the system,rather than lease water from the Bureau of Reclamation. It allows for the entities with existing contracts, and some amount of excess water, to buy,sell, lease, and/or trade that water directly to the other Partners. ➢ Title transfer enables the participating Partners to greatly increase the flexibility with which they can manage their water resources, enabling them to move water where and when it is needed the most for a wide variety of needs, ranging from drinking water to irrigation to the improvement of water quality in the Tualatin River. ➢ Local ownership will allow the Tualatin Partners to integrate the operation of Scoggins Dam with other water supply resources for enhanced efficiency. ➢ Title transfer allows the Partners to obtain ownership of a water supply system at a very low relative cost. It is also likely to allow those Partners to make structural and other improvements to the existing dam more quickly, efficiently and inexpensively than could be achieved through the current arrangement with the federal government. ➢ In general,title transfer will enable the Partners to manage the dam and its associated facilities with greater cost and operational efficiency. Local ownership will enable the Partners to significantly increase their ability to share and trade staff resources,expertise, and technological capabilities among all of the entities involved. Benefit Statement: What will the Tualatin Basin gain through the new water supply project? If the new water supply project is built, all of the benefits associated with title transfer will continue to remain in effect. In addition, the water supply project will benefit the Partners by: ➢ It will significantly increase the volume of water available to the entities which need that water. The project will enhance the overall reliability of the water supply, and will greatly increase operational flexibility—there will be more supply to meet the growing needs of the region. Memorandum of Agreement 6 Tualatin Basin Water Supply Partnership October 31, 2007 ➢ Design and construction of the new dam can be achieved at a substantial cost and time savings if it is accomplished through a locally-controlled management authority. Current estimates are that the project can be designed and built within six years,which is estimated to be three years shorter in duration than the construction time required with the federal government in control. Current estimates of the potential cost savings achievable through local control range from$30440 million. TEN PRINCIPLES OF AGREEMENT FOR THE TITLE TRANSFER The nine participating Partners have agreed to the following ten principles related to title transfer: 1) All Partners will be made whole, The benefits and costs of each Partner's participation in the long-term water supply Partnership will be thoroughly evaluated. All Partners will be made whole—that is, no Partner will be asked to sacrifice an existing water supply, pay a disproportionate share for their water, or otherwise "lose" any existing benefit by participating in the Partnership. By joining the Partnership for the long term, no single entity is going to be worse off than they are today, and the ultimate goal of the Partnership is to ensure that those entities enjoy substantial benefits. This is a bottom-line criterion for the entire Tualatin Basin Water Supply Partnership. The Partnership will continually question and check itself: Have all of the Partners been made whole as we are moving ahead? 2) The Tualatin Partnership will provide liability protection. Existing repayment contractors will be protected against liability to the same degree they are currently protected through the Bureau of Reclamation. For example, all entities with current'contracts are protected from lawsuits that could occur related to earthquake or flood damage. Protection against those disasters, as well as any other risk protection currently provided by the Bureau,will be maintained by the Tualatin Partnership. Some risks are not currently protected by the Bureau, and those risks will continue to remain unprotected. For example, if drought conditions prohibit the dam from being filled, neither the Bureau nor the Tualatin Valley Irrigation District can be held liable for the financial losses that might be associated with crop failure. Likewise, the Tualatin Partnership will not provide any type of liability protection that is currently not provided by the Bureau of Reclamation. Existing responsibilities will also remain in force and will not,be covered by the Tualatin Partnership. For example, Washington County is responsible for Memorandum of Agreement 7 Tualatin Basin Water Supply Partnership October 31, 2007 insuring itself against any lawsuits that could arise if park users are injured. The County's risk responsibilities, as well as the current risk responsibilities of any of the other entities, will not change under the title transfer. Bottom line: Liability risks that are currently protected by the Bureau of Reclamation will continue to be covered by the Tualatin Partnership. Liability risks that are currently the responsibility of the individual partner entities will remain the responsibility of those entities. This Principle has also been included in the Governance Structure and Operating Framework. Work will continue between October-December 2007 to further define the risks,liabilities,and insurance necessary to manage the liability associated with title transfer. 3) Power costs will remain stable. Federal law allows the Tualatin Valley Irrigation District access to power from the Bonneville Power Administration at cost,plus a fee for wheeling the power to the TVID by a local utility. This is a significant cost benefit for the TVID, and one that will continue to be maintained in the future. The Tualatin Partnership will work closely with the Bureau of Reclamation to understand the options related to power supply costs as the title transfer transaction is developed. Through these negotiations,the Tualatin Partnership will find a way to assure the TVID of its current power rate,plus or minus any normal changes to the BPA and wheeling costs. This is implicit through Principle #1, which is to make all of the Partners whole. Investigations will continue throughout 2007 to determine whether the SPA subsidy will be available after title transfer. If the subsidy will not be available, the Partnership will work to determine how those power costs can be assumed as part of overall project costs. 4) Access to fundamental water supplies will be protected. Every participating entity will have guaranteed access to the same proportion of water it now has under contract with the Bureau. Furthermore, that access will be guaranteed in the same priority order currently in place through the Bureau of Reclamation contracts. Details of these water allocations are included in the Governance Structure and Operating Framework. 5) Regulatory and other obligations will be fulfilled. The Bureau of Reclamation currently abides by a number of regulatory mandates that govern how the dam is managed and operated. These include federal and state statutes, as well as environmental obligations, for example habitat mitigation and the protection of fish species and elk herds. Any and all regulatory obligations currently fulfilled by the Bureau of Reclamation will Memorandum of Agreement 8 Tualatin Basin Water Supply Partnership October 31, 2007 continue to be fulfilled by the Tualatin Partnership. These obligations are identified in the Governance Structure and Operating Framework. 6) Washington County's recreational resources will be maintained. Currently, the public has access to recreational resources around Hagg Lake, which Washington County maintains. Under title transfer, the Tualatin Partnership will support access to these existing recreational resources. Likewise, the Partners have committed to a strong, ongoing communication effort with homeowners in close proximity to the lake. The communication program will be instrumental in sustaining positive relationships with the public. The details of public access to the park and recreational facilities at Hagg Lake are included in the Governance Structure and Operating Framework. 7) Drought plans will be established. A central question for the Partnership is what happens if and when Scoggins Dam cannot be completely filled due to drought conditions. Which of the Partners will take cuts in their water allocations, and how will those decisions be made?The principles for a drought management plan are included in the Governance Structure and Operating Framework. As the Partners continue to work together in managing and operating the Tualatin Project, they will further refine this drought management plan. 8) Water sales and transfers will be facilitated through the Partnership, One of the major benefits of the Partnership is to share and transfer water to where it is needed the most. The Partnership agreement has been structured in a way that allows for the sale, transfer, and wheeling of water from one Partner to another. With local control and collaboration, it is anticipated that the Partners will be able to more readily move water to accommodate the needs of the region as a whole—whether it be for drinking water, other municipal water uses, irrigation, or water quality. Core elements of water leasing, sales, and transfers are included in the Governance Structure and Operating Framework. As the Partners continue to work together in managing and operating the Tualatin Project, they will further refine the details of these agreements. 9) Partners can enter and exit as necessary. Although the title transfer is being accomplished through the Partners currently at the table, it is anticipated that other entities may be added to the Tualatin Partnership as time passes,and especially if the water supply project is pursued. The governance agreement agreed to by the Partnership includes Memorandum of Agreement 9 Tualatin Basin Wafer Supply Partnership October 31, 2007 the flexibility for new entities to join, and for existing Partners to exit should they find it necessary to do so. Basic principles related to new and/or exiting members of the Partnership are included in the Governance Structure and Operating Framework. 10)Partners will have the first right of refusal. This will occur on two different levels. First,if any of the Partners have water available to lease or sell, the governance agreement requires them to offer the water first to the other Partners,before pursuing outside buyers. Secondly,if an entity wishes to exit the Partnership altogether, the governance agreement requires that entity to offer its ownership shares first to other Partners,before pursuing an outside buyer. This Principle is included in the Governance Structure and Operating Framework. FOUR ADDITIONAL PRINCIPLES OF AGREEMENT FOR THE WATER SUPPLY PROJECT The Partners have agreed to the following four principles related to the water supply project: 1)Title Transfer principles will remain in force. All of the principles that have been agreed to for the title transfer will be adhered to for any new projects or other improvements associated with Scoggins Dam. 2)Park reconstruction costs will he paid for by the new entity. If the dam is raised, the ability of Washington County to provide access to park facilities at Hagg Lake will be impacted. The Partnership agrees that it will pay for the design and construction costs to replace these park facilities. The Partnership will also compensate the County for any revenue losses it experiences during construction of the new darn and new park facilities. Details of the financing, design, and construction required for park replacement will be determined as part of the overall cost estimating for the dam raise. 3)Other water rights will he protected. The Tualatin Partnership recognizes that some of the individual Partners may have existing or pending water rights in the region. The Partners will work in collaboration with one another to address issues and opportunities related to these water rights. One example of this is the pending Gales Creek water right certification currently being pursued by the City of Forest Grove. Forest Grove and Clean Water Services will work together to find a mutually i Memorandum of Agreement 10 Tuolatin Basin Water Supply Partnership October 31, 2007 beneficial arrangement that meets Forest Grove's future water supply needs, as well as Clean Water Services'environmental goals. Other such water right decisions are likely to arise from time to time throughout the life of the Partnership, and will continue to be addressed on a case-by-base basis. 4) "New water/old water"agreements will be forged in advance of the dam raise. If the dam is raised,there will be a significant new amount of"new water" available to the Partners. A primary concern among the Partners has been the way in which water rates for the existing entities vs. the new investors would be determined. Another concern has been the overall reliability of the new supply—what happens in those years when we cannot completely fill the dam? Would those entities with existing contracts be fully guaranteed their supplies, and would the supply for new investors be interrupted as a result? Conversely, how will overuse be monitored and enforced? To answer these concerns,the Partners will continue to explore various mechanisms for how to identify and allocate the water that will be available once the dam is raised. During their August 2007 meetings, the Partners determined that the final details of these allocations can be worked out after title transfer has been completed, especially with the reassurance provided by Agreement Two, that the Partnership would continue to act in good faith to pursue the water supply project together. Memorandum of Agreement 1 1 Tualatin Basin Wafer Supply Partnership October 31, 2007 4) GOVERNANCE STRUCTURE AND OPERATING FRAMEWORK SECTION ONE: MANAGEMENT AND OPERATIONS 1) Purpose The Tualatin Basin Water Supply Partnership has been formed for the following purposes: Assume ownership of the Tualatin Project(Scoggins Dam and its associated facilities) from the U.S. Bureau of Reclamation. ➢ Manage and operate Scoggins Dam according to the best interests of all of the Partners. At a minimum,this means that the Partners will have the right to continue to receive the amount of water they are currently allocated from Hagg Lake, and that they will be able to continue to lease any excess water for their own financial benefit. ➢ Comply with the regulatory,mitigation, and operational responsibilities as detailed in the Statement of Proposed Action between the Partnership and the Bureau of Reclamation. The Proposed Action is attached as an appendix to the Memorandum of Agreement. ➢ Establish a drought management plan. It will be a primary responsibility of the Partnership to develop and implement a drought management plan that will guide water distribution in years of short supply. ➢ Conduct all operations according to the Principles of Agreement that have been developed by the Partnership. The Principles of Agreement are included in this Memorandum of Agreement. ➢ Pursue additional water supplies in the future to meet the economic and ecological needs of the Tualatin Watershed. One option under consideration is the expansion of Scoggins Dam/Hagg Lake. 2) Partner Signatories to the Intergovernmental Agreement The Tualatin Basin Water Supply Partnership is comprised of the following Partners: Tualatin Valley Irrigation District ➢ Tualatin Valley Water District City of Hillsboro City of Beaverton ➢ City of Tigard ➢ City of Forest Grove Clean Water Services ➢ Washington County Memorandum of Agreement 72 Tualatin Basin Water Supply Partnership October 31, 2007 Under this governance structure,all of the Partners will work collaboratively to manage the water supply stored in Hagg Lake,including distribution and leasing for municipal water supplies, for irrigation, and for ecological instream flows that support the health of the Tualatin Watershed. Lake Oswego Corporation will have a seat on the board as a non-voting representative,not counted for quorum purposes. 3) Structure for Shared Ownership The Tualatin Partnership has entered into a"shared ownership agreement"that is structured according to the following: ➢ A governing body consisting of appointed representatives of each Governing member agency to provide broad policy oversight and to provide a Body public forum for discussion of issues. ➢ A management committee with general manager level Management representatives from each agency to negotiate policy and to establish Committee planning priorities. ➢ A technical/operations committee with representatives of each Operations agency to develop the implementation details of budgets, operations Committee and projects; and with management provided by a managing agency, _- selected from among the member agencies. Each of the Partners will hold an interest in the Tualatin Project's facilities and land once title transfer has been completed. 4) Continued Exploration of Regional Ownership Although the governance structure outlined in this document has been agreed to by the Tualatin Partnership,the Partners also recognize the potential for possible benefits through the establishment of a separate"supply agency" governance structure. In acknowledgement of these possible benefits,the Partners will continue to explore the financial and management feasibility of such a supply agency, or of any other governance structure that can best meet the long-term water management interests and demands throughout the region. Work to evaluate the potential benefits and costs of such a structure will commence in 2008. .2) Functions of the Governing Body The governing body for the Tualatin Basin Water Supply Partnership will consist of one voting member and no more than two alternates from each of the participating Partners. These members must be appointed by each of the Partners. Members of the governing body must have the authority from their appointing agencies to approve the highest-level policy and financial decisions that may be made by the Partnership. At least one representative from each of the Partners must be in attendance at meetings of the governing body in order to constitute a quorum of the Memorandum of Agreement 13 Tualatin Basin Wafer Supply Partnership October 31, 2007 governing body. The governing body will meet as needed; at a minimum on a quarterly basis. Although many decisions from the governing body will be determined through a simple majority vote,some of the group's decisions must have unanimous approval in order to be enacted. The Partners have tentatively identified the following list of those items that will require unanimous approval. This list will continue to be refined throughout the development of the Intergovernmental Agreement. ➢ The annual budget of the Partnership ➢ Annual work plan and capital improvement plan Selection of the managing agency for the Partnership Recommendations for changes to the Partnership's Intergovernmental Agreement Changes to contracts let by the Partnership to various parties Sales of real estate or other Partnership assets ➢ Changes to the members of the Partnership Permanent changes to the water allocations for various Partners Drought management plan Policies related to, and leases of,excess water It is recognized that new,major capital investments will be necessary should the Partnership decide to expand the capacity of Scoggins Dam and/or its related facilities. If these capital investments are pursued,only those Partners that will invest in and benefit from the improvements will vote on those capital expenditures. As noted in the "made whole" concept embedded in the Partnership's Principles of Agreement, any new facilities cannot be built or operated to the detriment of any of the Partners associated with this agreement. There can be no future impairments to the assets and rights that are guaranteed under current contractual agreements with the Bureau of Reclamation. The Partnership may find that, as Scoggins Dam is being expanded, and after the improvements have been made, further refinements to the voting procedures of the Partnership's governing body are required. If needed, and by mutual consent, the Partnership will review the role of the governing body and make these adjustments. 6) Functions of the Managing Agency The governing body of the Tualatin Partnership may appoint a Managing Agency from among the Partners, or may elect to hire a General Manager and associated staff to serve in the management role. The Managing Agency/General Manager will have the power to approve contracts and change orders consistent with adopted purchasing rules, take actions that are reasonable and necessary during an emergency, and assume any other powers the Tualatin Partnership may grant. Memorandum of Agreement 14 Tualatin Basin Water Supply Partnership October 31, 2007 7) Functions of the Management Committee Each of the Partners will appoint its Chief Executive Officer or their designee to serve on the Management Committee. The Management Committee will review the business operations of the Tualatin Partnership, such as planning and operations, and will make recommendations to the General Manager. The Management Committee will meet as needed; at a minimum on a quarterly basis. Lake Oswego Corporation will have a seat on the Management Committee as a non- voting representative, not counted for quorum purposes. 8) Functions of the Operations Committee Each of the Partners will appoint at least one person to the Operations Committee. Each Partner will have one vote in making a recommendation to the Management Committee. Lake Oswego Corporation will appoint a non-voting member to the Operations Committee. The Operations Committee will meet as needed; at a minimum on a quarterly basis. 9) Asset Management Program The Partnership will thoroughly inventory all of the assets associated with the Tualatin Project,including physical facilities and real estate holdings. The Partnership will create an asset management program that describes the current conditions of these facilities, their current value, and repairs and replacements that may be necessary. The program will include a schedule for repairs and replacement of the project's facilities. The Partnership will create policies that guide this repair and replacement as part of the asset management program. 10) Operations Manual The Partners will write and agree on an Operations Manual for the System, which will include protocols and methodology to provide for the equitable, effective, and efficient operation of the Tualatin Project. The existing Bureau of Reclamation manual will be modified as necessary and adopted within two months of the assumption of title transfer, and will be updated periodically thereafter as needed, with not less than two years between updates. 11 Contract with Washington County The Partnership will maintain a contract with Washington County for the ongoing maintenance of the recreational facilities at Scoggins Valley Park. The Partnership and Washington County may elect to adopt the existing contract as established between Washington County and the Bureau of Reclamation, or to negotiate a new contract. Either way,the County's role in managing the facilities and park areas will Memorandurn of Agreement 15 Tualatin Basin Water Supply Partnership October 31, 2007 not be diminished. If Scoggins Dam is raised and the recreational facilities need to be replaced, the Tualatin Partnership will pay for this replacement. 12) Interests of the Lake Oswego Corporation The Partnership will continue discussions about the appropriate structure for its relationship with the Lake Oswego Corporation. In addition to the options of assigning to the Partnership the existing contract between the Lake Oswego Corporation and the Bureau of Reclamation or of creating a new contract with the Partnership,other options for the involvement of the Lake Oswego Corporation in the governance structure will be discussed. 13) Agreement to Abide by all Other Existing Contracts and/or Obligations The U.S. Bureau of Reclamation currently maintains operational and other contractual obligations with a variety of agencies, including,but not limited to, the following: Dam Operations contract with TVID Water Service contracts- Pumpkin Ridge,The Reserve Golf Course and Stimson Lumber License Agreement for Soil Disposal with Washington County ➢ Flood Control Agreement- Army Corps of Engineers ➢ Electrical Power- wheeling contract with PGE and TVID ➢ Existing Operations Mitigation contract with Tualatin Basin Watershed Council and Washington County ➢ Existing Elk Mitigation Contract ➢ National Historic Preservation Act; National Environmental Protection Act, Endangered Species Act, Indian Trust Resources; Safe Drinking Water Act. The rights and obligations inherent in these contracts will continue to be fulfilled by the Partnership. The Partnership will work with the Bureau of Reclamation to determine how to best assume these obligations, either through the assignment of existing contracts, or through the creation of new contracts with the various entities involved. Memorandum of Agreement 16 Tualatin Basin Wafer Supply Partnership October 31, 2007 SECTION TWO: ALLOCATION OF WATER AND WATER RIGHTS 1) Allocation of Water Under this agreement, all of the Tualatin Partners currently receiving water from Scoggins Dam will continue to have the right to receive that water in the allocations they are currently contracted for with the Bureau of Reclamation. These Hagg Lake "stored water" allocations—out of a total of 53,640 acre/feet -- include: ➢ Tualatin Valley Irrigation District 27,022 acre/feet ➢ Clean Water Services: 12,618 acre/feet ➢ City of Hillsboro: 5,000 acre/feet ➢ City of Forest Grove: 4,500 acre/feet ➢ City of Beaverton: 4,000 acre/feet ➢ Lake Oswego Corporation: 500 acre/feet These numbers do not account for the natural and return flows allocated to TVID and CWS,which contribute to the total allocated stored water amount of 53,640 acre/feet. The current allocations of natural flows to CWS and TVID will not change. 2) Water Rights The primary natural flow and stored water rights currently owned by the Bureau of Reclamation will be assigned to the Tualatin Partnership. The Partnership will continue to own these water rights in perpetuity. SECTION THREE: OWNERSHIP OF ASSETS 1 ) Owned Assets The Tualatin Project consists of three tangible assets for the Partnership. 1) a block of stored water in Hagg Lake (as described in Section Two); 2) a number of physical facilities (listed below); and 3) Hagg Lake and the adjacent property (also described below). Ownership of Scoggins Dam and Henry Hagg Lake will need to be negotiated before title transfer. As identified below,the Patton Valley and Spring Hill plants are single-purpose facilities whose ownership will,most likely,remain the same after title transfer. The assets known at this time include: ➢ Patton Valley Pumping Plant(single purpose): Real estate parcels,five vertical shaft turbine pumps, fish screens, a steel discharge line, regulating tank, and a 3.5-mile gravity-fed distribution pipeline. Memorandum of Agreement 17 Tualatin Basin Water Supply Partnership October 31, 2007 ➢ Spring Hill Pumping Plant(single purpose): Real estate parcels,nine irrigation pumps, four municipal/industrial pumps (currently owned by JWC); fish screens, a discharge line, regulating tank, and a 95-mile buried pressure pipeline distribution system. ➢ Scoggins Dam (multiple purpose):a 151-foot-high zoned earthfill structure,its spillway, intake structure and outlet works. A fish collection facility at the dam has been partially removed and is not currently in use. ➢ Henry Hagg Lake and its adjacent property: A 1,182-acre water reservoir, surrounding lands in Federal ownership,including elk mitigation lands; recreational facilities and a perimeter road (currently operated and maintained by Washington County). As noted in Section One of this agreement, an Asset Management Program will be established to inventory and quantify the value of these, and any other assets that are included in the Tualatin Project.These assets will be jointly owned by the Partnership. SECTION FOUR: PROJECT FUNDING 1 ) Background The Partners endeavor to develop an equitable method to allocate the costs of title transfer. In order for the benefits of title transfer to outweigh the costs in the long run,including costs of financial resources, risks and new assumed liabilities, the Partners agree the method of allocating costs for title transfer must also give consideration to raising Scoggins Dam. While there are potential benefits to title transfer without raising Scoggins Dam,the principal benefits accrue in terms of the cost savings of raising Scoggins Dam. Recognizing that one shared pool is more advantageous to the Partners acquiring water or significantly increasing their current water allocation, the parties agree that some form of compensation for the current municipal water right holders is appropriate. Therefore, the two projects of transferring title and raising Scoggins Dam are combined in the discussion of a cost allocation methodology. There are four foundational components to consider in developing a cost allocation methodology: 1) the amount paid by Partners for their contracted water allocations; 2) the debt outstanding by Partners for their contracted water allocations; 3) the percent of water held by each Partner behind the current dam;4) the percent of water that will potentially be held by the Partners who invest in the raising of Scoggins dam. Memorandum of Agreement is Tualatin Basin Water Supply Partnership October 31, 2007 The costs to be allocated can be broken down into the following categories: ➢ Debt outstanding from the existing water allocation contracts; ➢ Costs for refinancing this debt to pay the Bureau of Reclamation; ➢ Potential costs for capital improvements on the current dam; ➢ Other costs associated with title transfer(e.g. environmental review, legal costs,etc); ➢ Payment to the Bureau of Reclamation for revenue foregone on contracts; ➢ Estimated cost to raise Scoggins Dam. 2) Funding Principles The Tualatin Partners have established the following principles related to funding: 1) The Partnership recognizes that repayment contractors have already made investments in Scoggins Dam. For those repayment contractors that are participating in the dam raise project, some amount of credit toward the construction of the dam raise will be allocated to those repayment contractors. The credit will be funded by the "new partners" in the dam raise project(partners who are not currently repayment contractors). For example, as a new partner, TVWD will pay $2.7 million toward this credit. If the members of the Partnership change, or if water allocations between Partners change, the manner in which the credits are funded may also be subject to change. 2) Repayment contractors will be required to continue payments according to the amount they currently owe to the U.S. Bureau of Reclamation. While the Partnership will be paying off all remaining debt to the Bureau, the Partnership,in effect, becomes the "bank" that is loaning the money to the repayment contractors. The new bank will expect to be repaid for this loan;repayment contractors will make their payments to a new, single entity, which is the Partnership. 3) Repayment contractors will continue to pay on these loans at the same interest rate, and on the same payment schedule, as they are currently paying. The Partnership will not raise the interest rate, even though, as it assumes the remaining debt to the Bureau, it is likely to do so at a higher interest rate than what is currently being paid. 4) The money that is collected as a result of these loans will be paid back to those who invest in the title transfer in proportion to their investments. That is, the "cash flow" resulting from loan repayments will be allocated to each entity in proportion to what they have paid for title transfer. S) Those who are investing for the first time in Scoggins Dam (the new Partners) do not want to move forward with their investment unless they can be assured that,once the dam is raised, all water from the expansion reservoir volume and from the original Memorandum of Agreement 19 Tualatin Basin Water Supply Partnership October 31, 2007 reservoir volume held by those original repayment contractors who share in the credit payment will be available as a"single pool". This means that all participating entities Will share the "gain"of the additional water supply, as well as the"pain"should any curtailments be necessary in the future due to drought conditions. While the single pool remains the ultimate goal of the Partnership,it is recognized that several issues must be resolved before a single pool can be agreed to by all of the Partners. One example of this is the pending Gales Creek water right certification currently being pursued by the City of Forest Grove. Forest Grove and Clean Water Services will work together to find a mutually beneficial arrangement that meets Forest Grove's future water supply needs, as well as Clean Water Services' environmental goals. Those discussions are underway now, and a final resolution to this issue will be achieved between Forest Grove and CWS by January 31, 2008. Likewise, other Partners have questions about how a "single pool" will be defined, particularly in relation to the pumpback water, flood control releases, and curtailments. For example,what will "share the pain" mean,and how will curtailments in response to drought conditions be determined? These and other questions are all important, and must be addressed prior to title transfer. All Partners will continue to work on resolution to these and any additional issues related to a single pool, and are committed to having final solutions to these issues in place by January 31,2008. SECTION FIVE: ASSUMPTION OF LIABILITY Existing repayment contractors will be protected against liability to the same degree they are currently protected through the Bureau of Reclamation. For example, all entities with current contracts are protected from lawsuits that could occur related to earthquake or flood damage. Protection against those disasters, as well as any other risk protection currently provided by the Bureau, will be maintained by the Tualatin Partnership. Some risks are not currently protected by the Bureau, and those risks will continue to remain unprotected. For example, if drought conditions prohibit the dam from being filled, neither the Bureau nor the Tualatin Valley Irrigation District can be held liable for the financial losses that might be associated with crop failure. Likewise, the Tualatin Partnership will not provide any type of liability protection that is currently not provided by the Bureau of Reclamation. Existing responsibilities will also remain in force and will not be covered by the Tualatin Partnership. For example,Washington County is responsible for insuring itself against any lawsuits that could arise if park users are injured. The County's risk responsibilities, as well as the current risk responsibilities of any of the other entities, will not change under the title transfer. Memorandum of Agreement 20 Tualatin Basin Water Supply Partnership October 31, 2007 Bottom line: Liability risks that are currently protected by the Bureau of Reclamation will continue to be covered by the Tualatin Partnership. Liability risks that are currently the responsibility of the individual partner entities will remain the responsibility of those entities. This Principle has also been included in the Governance Structure and Operating Framework. Work will continue between October-December 2007 to further define the risks,liabilities, and insurance necessary to manage the liability associated with title transfer. SECTION SIX: SALES OF EXCESS WATER SUPPLY 1) Long-Term Leases The Partners agree that mandatory leasing between Partners of excess stored water capacity allows the Partners to defer expansion or construction of new facilities. Each Partner will have the right to lease its unused capacity above the Partner's stored water requirements for the term of the lease. If more than one Partner has excess capacity available to lease, those Partners will combine their excess water into a single pool. Through a unanimous vote of the governing body, the Partnership will determine the leasing rate for this water, which will generally be based on the cost of producing that water. Individual Partners will then receive revenue for these leases based on the amount of water they contributed to the pool. Example: TVID desires to lease 5,000 acre/feet of excess water capacity. The Cities of Hillsboro and Forest Grove each desire to lease 2,500 acre/feet. This excess water is combined for an available leasing pool of 10,000 acre/feet. 8,000 out of this 10,000 acre/feet is actually leased, and becomes a source of revenue for the Partnership. After overhead and distribution costs are subtracted, the net proceeds from the leased water are divided among TVID, Hillsboro, and Forest Grove. TVID receives % of these net proceeds, with Hillsboro and Forest Grove each receiving %4 of these net proceeds, commensurate with the volume of water they initially contributed to the leasing pool. The Tualatin Partners will have first right of refusal for any leasing agreement; that is, Partners with excess capacity must offer that water first to other Partners before going outside of the Partnership. And, as noted previously in this document, leases by any Partner to entities outside of the Partnership must be approved by a unanimous vote of the governing body. The maximum lease term is 10 years. The lease rate will be calculated every 5 years for leases with terms exceeding 5 years. Memorandum of Agreement 21 Tualatin Basin Wafer Supply Partnership October 31, 2007 2) Spot-Market Sales The Partnership recognizes that there may be opportunities to sell excess water through a "spot market" system that will be shorter in duration than the lease arrangements described above. This system will be designed to respond to short-term, immediate needs. Example: There may be a period of particularly serious low flows in the Tualatin River which could be ameliorated through the infusion of more water into the river system. In this case, Clean Water Services may ask to purchase water from the Partnership in order to improve these stream flows. As with leasing, the Partnership will act collectively to determine which of the Partners may have excess capacity to sell on a spot market,how much water is available, and what the rate for that water should be. Similar to the leasing arrangements described above, the net proceeds from this water will be proportionally divided among those Partners that initially contributed to the spot-market pool, SECTION SEVEN: PROVISIONS FOR DROUGHT MANAGEMENT 1) Curtailment Plan with Existing Scoggins Dam Facilities The potential curtailment of water supplies during hot, dry conditions will be planned for and enacted according to three different stages: Stage One:Water Shortage Potential. A water shortage potential is identified when storage supplies begin to drop and weather forecasts predict hot,dry weather over a period of several days. At this stage, the goal is to reduce overall demand on the system by 5%. This will be achieved by alerting the public of the need to cut back on water use. Stage Two:Serious Water Shortage.Storage level drops to 60% of normal. Weather forecast is hot, dry. By May 1, Hagg Lake is not filled to capacity. At this stage, the Tualatin Valley Irrigation District and Clean Water Services curtail not more than 15% of their total contracted amount. Stage Three:Critical Water Shortage. Storage level drops below 60% of normal, and further curtailments are necessary.All of the Partners would then share equally in these additional curtailments. 2) Curtailment Plan with Expanded Scoggins Dam Facilities If and when Scoggins Dam is expanded, the Partnership will work in collaboration to craft a new curtailment plan that incorporates the new water supply and associated Partner needs and interests. Memorandum of Agreement 22 Tualatin Basin Wafer Supply Partnership October 31, 2007 SECTION EIGHT: ADDITION AND WITHDRAWAL OF PARTNERS Addition of Partners: Entities interested in joining the Tualatin Basin Water Supply Partnership may do so by application in writing to the Partnership. New members must agree to abide by the overall governance framework,management and operational requirements of the Partnership. Potential new members must be able to demonstrate their financial stability,willingness and ability to invest in the water supply facilities, and must have a proven track record of safe and legal operations. New members must be able to demonstrate the benefits of their participation in the Partnership from both an individual and basin-wide perspective. Applications for new membership must be received a minimum of three years prior to the time at which those prospective members hope to receive water supply from the Tualatin Project. Withdrawal of Partners: Entities wishing to withdraw from the Partnership may do so voluntarily. However, as a general principle,it is the intent of the Partnership that withdrawal be difficult. In order to withdraw, a Partner must notify the Partnership two years prior to the termination of membership. Terminating members must notify all of the other participating Partners of their intent to terminate. In order to prevent a fiscal crisis, any Partner with a 25% or greater ownership share in the system must remain a Partner until that ownership share can be reduced to at least 15%. Or, the Partnership may agree to buy that ownership share in a more expedient manner from the withdrawing Partner. Any outstanding debt on the project owed by the withdrawing partner must be entirely defeased or assumed voluntarily by another partner(s) in exchange for the project assets of the withdrawing partner. Existing Partners have the right of first refusal to purchase the shares of withdrawing Partners. SECTION NINE: DISPUTE RESOLUTION The Partners agree to abide by the following dispute resolution process: Step One:Negotiation. The Partners who are party to the dispute will appoint a representative to negotiate on behalf of each Partner in an attempt to resolve the issue. Step Two:Mediation. If the dispute cannot be resolved within 30 days through negotiation, the disputing Partners will submit the matter to non-binding mediation. The disputing Partners will mutually agree on a mediator, and all costs of mediation will be borne equally by those Partners. Step Three: Non-Binding Arbitration. If mediation is not successful, the disputes will be submitted to non-binding arbitration under the rules and processes of U.S. Arbitration and Mediation of Portland, Oregon. All costs of arbitration will be borne equally among the disputing Partners. Memorandum of Agreement 23 Tualatin Basin Wafer Supply Partnership October 31, 2007 Step Four: Legal Action. After exhaustion of the preceding processes, the disputing Partners may initiate litigation in the Circuit Court of the State of Oregon for Washington County. Each Partner will bear its own legal and expert witness fees. Memorandum of Agreement 24 Tualatin Basin Water Supply Partnership October 31, 2007 5) SIGNATURES We, the undersigned, are in full accord with the precepts as they are detailed in this Memorandum of Agreement. For the City of Beaverton For the City of Tigard Rob Drake Craig Prosser Mayor City Manager For Clean Water Services For the Tualatin Valley Irrigation District Bill Gaffi Jim Love General Manager President, Board of Directors For the City of Forest Grove For the Tualatin Valley Water District Michael Sykes CGreg DiLoreto City Manager General Manager For the City of Hillsboro For Washington County Will Crandall, Chair Robert Davis Utilities Commission County Administrator For the Lake Oswego orporation Mark Eves Board Member Memorandum of Agreement 25 Tualatin Basin Water Supply Partnership October 31, 2007 TIGARD WATER PROPERTY MATTHEW LARRABEE, MARCH, MAI EXECUTIVE SUMMARY Effective Date: September 22, 2007 Date of Inspection: June 19 & September 22, 2007 Date of Report: September 24, 2007 Property Rights Appraised: Fee Simple IDENTIFICATION OF SUBJECT PROPERTY Name/Location: Tigard Water Surplus Property 10310 SW Canterbury Tigard, Oregon 97224 Map & Tag Lot: An undivided portion of 2S 1W Section I IBC Tax lot 2600 Owner of Record: Tigard Water District Site Size: Subject portion of tax lot is an estimated 2.75 acres. Improvements: Historical John Tigard House Zoning: R-3.5 Residential by the City of Tigard; HD Historic District overlay on entire parcel. Highest & Best Use: Residential development and retention of the existing historical house. MARKET VALUE CONCLUSION Market Value as of 9/22/2007 Market Value in Fee Simple: $605,000 AssumptionslHypotheticals—The subject is part of an undivided tax lot and is analyzed as if it were a freestanding parcel. At the instruction of the client, the property is being analyzed under the assumption that the proposed conservation easement that would restrict the lot under the John Tigard house to the use and maintenance of the historical house will be recorded prior to transfer of title.The analysis also incorporates my estimates as to the number of lots that could be developed on the subject in accordance with the zoning code, and extraordinary and offsite development costs. If these assumptions are not the case,the value opinion could be different. REAL ESTATE SERVICES GROUP, INC. ] i IV If 3joopjnW awv 4uawaSV3 C Deco C e C eco C ° C ,. C' oC aC eC oC` cC et` o � aC• o� o a` a cC ° cC a CC a cC a CCG o`., e CC o oCe CC a °` c Ct. eCC° oCOCCe oCoCce ° �`oCCe oCoCce oCeCca .er J Co °e[� °�`n oo-G` eCe eeC eCe eetere oeO eco ce0 0 ecc` CC OC a CC e ` L c- & a CeCC° a CeCCo a Ce G°C a a aoC e c oeC o C GC` Ce C Gce Ca C eco Ca C Gc eoCG CCecC ° CCea` a CCS IC= o cc c a Q a CaC eeC a Coc e C e c Ce C e Co C e Co C e ` CC° Coe CCe Coe CCa Cee a c C a c C c o eoco CCe °Ce �+Cc^°Ce Ct` CoC V L Ainq.jajuvo j i i City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 i FAX TRANSMITTAL ' Date: November 13, 2007 Number of pages including cover sheet 2 To: The City of King City (Fax No. 503-639-3771) oeThe 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 Meeting Cancellation and Special Meeting Notice MESSAGE: Please post the attached meeting cancellation and special meeting notice for the Intergovernmental Water Board meeting. An agenda for the 28t1i will be sent to you sometime next week. Thank you. Intergovernmental Water Board Serving Tigard, King City, Durham and Unincorporated Area MEETING NOTICE Notice of Cancellation of November 14, 2007 Regular Meeting Notice of November 28, 2007 Special Meeting 0 Barbara Sherman, Newsroom,Tigard Times (Fax No. 503-546-0724) Q Newsroom,The Oregonian (Fax No. 503-968-6061) Q Editor, The Regal Courier (Fax No. 503-968-7397) R1 The City of King City (Fax No. 503-639-3771 Q The City of Durham (Fax No. 503-598-8595) Notice is hereby given that the regularly scheduled November 14, 2007, Intergovernmental Water Board meeting has been canceled. This meeting has been rescheduled to November 28, 2007, as an Intergovernmental Water Board Special Meeting. The November 28`" special meeting will take place at 5:30 p.m. in the 2"d Floor Conference Room of the Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon. For more information, please contact Intergovernmental Water Board Recorder Greer Gaston at 53.718.2595 or ager 4,tigard-or.gov. hp LaserJet 3380 �! Tigard PW Annex i n v e n t 5037182401 Nov-13-2007 14:55 Fax Activity Log Job Date Time Type Identification Duration Pages Result 365 11/ 5/2007 11:07:12 Receive 5035375013 0:36 1 OK 366 11/ 5/2007 11:26:26 Send 5036014402 1:05 2 OK 367 11/ 5/2007 12:13:45 Receive 8882712819 0:36 1 OK 368 11/ 5/2007 13:10:43 Send 5032276948 3:21 2 OK 369 11/ 5/2007 13:31:29 Receive 5036504828 0:22 2 OK 370 11/ 5/2007 17:44:29 Receive 480-346-5598 0:34 1 OK 371 11/ 6/2007 09:22:05 Receive 0:26 1 OK 372 11/ 6/2007 11:52:46 Receive 5032590444 0:59 3 OK 373 11/ 6/2007 14:46:04 Receive 503 639 1232 0:52 3 OK 374 11/ 7/2007 09:21:56 Receive 0:26 1 OK 375 11/ 7/2007 11:00:16 Send 5035460724 0:34 1 OK 376 11/ 7/2007 14:26:12 Receive 1:09 0 No Fax Detected 377 11/ 7/2007 14:29:26 Receive 503 692 2024 0:23 2 OK 378 11/ 7/2007 17:15:23 Send 5036396994 0:59 2 OK 379 11/ 8/2007 09:21:49 Receive 0:25 1 OK 380 11/ 8/2007 09:31:26 Receive 7012529213 0:34 2 OK 381 11/ 8/2007 10:42:54 Receive Via Fax 1:03 1 OK 382 11/ 8/2007 12:21:52 Receive 0:38 1 OK 383 11/ 8/2007 15:04:19 Receive 1:18 2 OK 384 11/ 8/2007 15:05:56 Send 5032398940 5:28 11 OK 385 11/ 8/2007 15:20:15 Receive 503 581 7863 0:50 2 OK 386 11/ 8/2007 16:10:56 Receive 0:39 0 No Fax Detected 387 11/ 9/2007 07:53:56 Receive 816-595-5357 2:10 1 Comm Error 232 388 11/ 9/2007 09:22:25 Receive 0:25 1 OK 389 11/ 9/2007 11:20:03 Receive 0:41 1 OK 390 11/ 9/2007 13:39:29 Receive 5036391271 0:40 2 OK 391 11/ 9/2007 17:02:35 Receive 503 598 7373 8:07 10 OK 392 11/11/2007 09:22:07 Receive 0:25 1 OK 393 11/12/2007 09:21:59 Receive 0:27 1 OK 394 11/12/2007 10:40:15 Receive VORTEX 1:02 3 OK 395 11/12/2007 10:45:31 Receive 0:25 1 OK 396 11/13/2007 09:28:55 Receive 1:00 2 OK 397 11/13/2007 10:48:02 Receive 503 624 0239 2:20 6 OK 398 11/13/2007 12:27:34 Send 5036847297 1:30 6 OK 399 11/13/2007 14:46:19 Monitor Dial 0:00 0 Stop 400 11/13/2007 14:46:55 Send 5036393771 1:22 2 OK 401 11/13/2007 14:49:55 Send 5035988595 1:52 2 OK 402 11/13/2007 14:52:09 Send 5035460724 0:49 1 OK 403 11/13/2007 14:53:14 Send 5039686061 0:57 1 OK 404 11/13/2007 14:54:28 Send 5039687397 0:58 1 OK City of Tigard 13125 SW Nall Blvd. 41 Tigard, OR 97223 Phone. 503-639-4171 FAx TRANSMITTAL Date: November 21,2007 Number of pages including cover sheet 3 To: f(The City of King City (Fax No. 503-639-3771) P(-Me 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 Agenda MESSAGE: Please post the attached special meeting agenda for the Intergovernmental Water Board meeting. Thank you. Intergovernmental Water Board — Agenda SERVING TIGARD, KING CITY, DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, November 28, 2007, 5:30 p.m. MEETING LOCATION: Tigard Public Library 21-id Floor Conference Room 13500 SW Hall Blvd. `Figard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to conduct roll call. 2. Receive and File Minutes from the July 17, 2007,Joint Meeting with Lake Oswego and Tigard City Councils Action: Motion to receive and file the July 17, 2007, minutes. 3. Approval of Minutes — October 10, 2007 Action: Motion to approve the October 10, 2007, minutes. 4. Public Comments Call for comments from the public. 5. Discussion of Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area - Continued - Dennis Koellermeier Action: Direction regarding additional tenancy in common agreements. 6. Discuss Disposition of Property for Burnham Street Improvements- Continued - Dennis Koellermeier Action: Motion to donate a portion of the triangular piece of property (Tax Lot 2S102AD03451) to the City of Tigard for right-of-way associated with the Burnham Street Improvement Project. 7. Representation on the Washington County Technical Advisory Committee - Continued - Dennis Koellermeier Action: Direction regarding representation on the Washington County Technical Advisory Committee. 8. Consider Making a Recommendation to the Tigard City Council Regarding Approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement - Dennis Koellermeier Action: Motion to recommend approval of the Tualatin Basin Water Supply Partnership Memorandum of Agreement to the Tigard City Council. 9. Water Supply Options - Dennis Koellermeier INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 28, 2007 City of Tigard 1 13125 SW Hall Bbd.,Tigard,OR 97223 1 503-639-4171 1 xvww.tigard-or.gov I Page 1 off 10. Informational Items 11. Non-Agenda Items Call for non-agenda items from Board. 12. Next Meeting - December 12, 2007, 5:30 p.m. Public Works Building, 8777 SW Burnham Street, Tigard, Oregon 13. Executive Session The Intergovernmental Water Board will go into Executive Session to discuss real property transaction negotiations under ORS 192.660 (2)(e). 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. 14. Adjournment Action: Motion for adjournment. INTERGOVERNMENTAL WATER BOARD AGENDA—NOVEMBER 28, 2007 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2 hp LaserJet 3380 Tigard PW Annex i n v e n t 5037182401 Nov-21-2007 13:12 Fax Activity Log Job Date Time Type Identification Duration Pages Result 417 11/15/2007 08:25:20 Monitor Dial 0:00 0 Stop 418 11/15/2007 08:25:56 Send 18008807244 1:02 1 OK 419 11/15/2007 09:22:19 Receive 0:26 1 OK 420 11/15/2007 09:27:02 Send 17935531905 0:27 0 Stop 421 11/15/2007 09:28:19 Send 17635531905 0:38 2 OK 422 11/15/2007 14:09:41 Send 5036246327 7:13 9 Comm Error 390 423 11/15/2007 14:18:04 Send 5036246327 2:07 8 OK 424 11/15/2007 14:23:05 Send 5036246327 3:42 18 OK 425 11/15/2007 15:05:41 Receive 5036844191 0:30 1 OK 426 11/15/2007 15:27:49 Send 5032562821 1:20 3 OK 427 11/15/2007 16:18:32 Send 5036246327 1:17 4 OK 428 11/15/2007 17:28:19 Receive 5032398940 2:44 9 OK 429 11/15/2007 17:40:23 Receive 1:03 2 OK 430 11/15/2007 21:09:02 Receive 0:57 1 OK 431 11/16/2007 09:11:52 Receive 0:54 2 OK 432 11/16/2007 09:13:55 Receive 0:28 1 OK 433 11/16/2007 09:22:11 Receive 0:31 1 OK 434 11/16/2007 10:06:56 Send 17603437359 0:57 2 OK 435 11/16/2007 11:55:27 Receive 908 236 0554 0:41 2 OK 436 11/16/2007 12:06:09 Receive Five Star Funding 0:29 1 OK 437 11/16/2007 13:52:39 Send 5035901818 0:35 2 OK 438 11/16/2007 15:00:06 Receive 5036445375 0:18 1 OK 439 11/18/2007 23:53:57 Receive 0:49 1 OK 440 11/19/2007 08:54:29 Receive 0:52 1 OK 441 11/19/2007 10:26:08 Send 5032858738 2:37 1 OK 442 11/19/2007 13:18:00 Send 5034189112 1:20 5 OK 443 11/20/2007 08:08:57 Receive 0:38 0 No Fax Detected 444 11/20/2007 09:56:07 Receive 5036249783 0:24 2 OK 445 11/20/2007 11:35:49 Send 19139678847 0:00 0 No Answer 446 11/20/2007 11:37:23 Receive 866) 789-4757 1:42 1 OK 447 11/20/2007 12:49:11 Receive 866) 789-4757 0:35 1 OK 448 11/20/2007 16:33:52 Receive 5038463588 0:31 2 OK 449 11/21/2007 06:09:41 Receive king marketing 0:47 1 OK 450 11/21/2007 08:18:42 Receive 2022238546 0:48 1 OK 451 11/21/2007 09:22:13 Receive 0:25 1 OK 452 11/21/2007 09:59:45 Receive 0:40 0 No Fax Detected 453 11/21/2007 13:06:14 Monitor Dial 0:00 0 Stop 454 11/21/2007 13:06:34 Send 5036393771 1:44 3 OK 455 11/21/2007 13:09:02 Monitor Dial 0:00 0 Stop 456 11/21/2007 13:09:49 Send 5035988595 2:20 3 OK