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06/08/2011 - Minutes Intergovernmental Water Board (IWB) Meeting Minutes June 8, 2411 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Ken Henschel Representing the Tigard Water District Keith Jehnke Representing the City of Durham Dick Winn Representing the City of King City Mike Stone Member At-Large Members Absent: None Staff Present: Dennis Koellermeier Director of Public Works John Goodrich Utility Division Manager Greer Gaston IWB Recorder Jane Heisler Lake Oswego Communications Director Visitors: None 1. Call to Order, Roll Call and Introductions Commissioner Winn called the meeting to order at 5.31 p.m. 2. Approval of Minutes —April 13, 2011 Commissioner Buehner moved to approve the April 13, 2011 minutes. Commissioner Henschel seconded the motion. The motion passed by unanimous vote of the Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone and Winn voting yes. 3. Public Comments There were no comments from the public. 4. Water Supply Update Mr. Goodrich reported: • Average water usage is about 4.6 million gallons per day. ■ Approximately 329 million gallons of water are stored in aquifer storage and recovery (ASR) wells. Water from ASR wells is not being used at this time. • The next edition of KnowH20 was distributed to the Board members and is on file in the IWB record. The publication contains the annual Consumer Confidence Report and will soon be delivered to water customers. Intergovernmental Water Board Minutes June 8,2411 1 Commissioner Henschel noted updates he had requested to the service area map were not made. Mr. Goodrich said the change would be made in next year's publication. ■ The new 10-million-gallon terminal reservoir is in service. The pump station associated with the reservoir is still under construction; it was not expected to be online this summer. Commissioner Buehner requested a tour of the pump station when construction is completed. ■ Portland's water supply should be sufficient for the summer season. 5. Lake Oswego-Tigard Water Partnership Communications, Including the Beat the Peak Campaign Lake Oswego Communications Director Jane Heisler distributed folders containing several publications related to the Lake Oswego-Tigard Water Partnership. These publications are on file in the IWB record. Ms. Heisler briefed the Board on the "Beat the Peak" water conservation campaign. Promotional materials related to the campaign included bill inserts, a press release, newspaper ads, daily web site updates, and flyers. The Board discussed the Beat the Peak billboard at the Public Works Building which shows water usage for the Tigard Water Service Area. The Commissioners inquired about the placement of additional billboards throughout the water service area. Commissioner Buehner asked Ms. Heisler for information on Lake Oswego's water conservation program. 6. Consider Making a Recommendation for the City of Tigard to Submit a Five-Year Non-Renewal Notice Regarding the Regional Water Sales Agreement with the City of Portland Mr. Koellermeier briefed the Board on a draft letter that would terminate Tigard's water sales agreement with the City of Portland in 2016. Tigard is slated to shift from the Portland Supply to the Lake Oswego-Tigard supply in 2016. The Tigard City Council is scheduled to take action on the letter on June 28, and the letter must be submitted to Portland on July 1, 2011. If the letter is not submitted, Tigard's water contract with Portland will be extended for at least another year, to 2017, and Tigard will be required to pay for water it does not expect to use. Once the termination letter is submitted, Mr. Koellermeier said Tigard would begin working with Portland on a replacement contract. Some of the items that might be addressed include: ■ A bridge contract, should the Lake Oswego-Tigard supply not come online when expected. ■ Emergency water supplies. ■ The purchase of surplus water. Commissioner Winn questioned the language in the third paragraph of the letter dated June 28, 2011. Ms. Gaston reported the Board did not have the most current version of the letter. She provided the Board with the latest version, dated July 1, 2011. This letter is on file in the IWB record. Intergovernmental Water Board Minutes June 8,2011 2 Mr. Koellermeler discussed risk and the impact of the termination letter on the Lake Oswego-Tigard Water Partnership. He said the current Lake Oswego City Council has expressed concern over some of the provisions contained in the water partnership agreement. Terminating the Portland contract reinforces Tigard's commitment to the partnership. Commissioner Henschel requested a copy of the final letter when signed. The Commissioners expressed support for the wording in the July 1, 2011, version of the letter. Commissioner Henschel moved to recommend the City of Tigard submit a five-year non-renewal notice regarding the Regional Water Sales Agreement with the City of Portland. Commissioner Buehner seconded the motion. Commissioner Winn requested a "friendly amendment" to Commissioner Henschel's motion. Commissioner Winn wanted the motion to refer specifically to the latest version of the letter dated July 1, 2011. Commissioner Henschel revised his original motion to include a specific reference to the letter dated July 1, 2011. Commissioner Buehner seconded the motion as amended. The motion passed by unanimous vote of the Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone and Winn voting yes. 7. Briefing on the City of Tigard's Disposal of the Remnant Parcel Mr. Koellermeier updated the Board on a small triangular parcel it had sold to the City of Tigard for the Burnham Street reconstruction project. Tigard used some of the property for right-of-way. The remaining portion of the property will be transferred to an adjacent private property owner. S. Informational Items ■ Update from Commissioner Buehner on Lake Oswego/City of Tigard Oversight Committee activities. Commissioner Buehner reported: - The Oversight Committee has not met over the past few months partly due to concerns raised by some Lake Oswego City Councilors regarding the terms of the water partnership agreement. - It is anticipated WaterWatch will appeal Oregon Water Resources' water rights decision to the Court of Appeals by June 27, 2011. Commissioner Buehner summarized the Court of Appeals' process and possible timelines. Appeals were anticipated in the project schedule. In response to a question from Commissioner Winn, Mr. Koellermeier said should the water rights extension not be successful: Lake Oswego and Tigard would separate their finances. Tigard would divest itself from water partnership real estate holdings. Tigard would look for another water source. 9. Non-Agenda Items Commissioner Henschel had three items: 1. Update on the Robinwood Neighborhood Ms. Heisler responded that the Robinwood neighborhood (with representatives from Mapleton Avenue and Kenthorpe Way) formed a committee to make recommendations on the neighborhood plan. Some representatives have already Intergovernmental Water Board Minutes June 8,2011 3 resigned from the committee. The neighborhood association is having a meeting next Tuesday. 2. Status of the IWB Intergovernmental Agreement (IGA) Mr. Koellermeler said Tigard is continuing to work on the IGA. New issues arise as other issues are resolved. He inquired if the Tigard Water District had any input. Mr. Koellermeier said he and Commissioner Winn met to discuss the agreement. If the Board wished, Mr. Koellermeier said he would share the current version of the IGA containing the unresolved issues, or he could continue working with individual Commissioners. Commissioner Winn reported the parties may not be able to reach a consensus on some aspects of the IGA. Commissioner Henschel said the District is in the process of reviewing the IGA and would like to continue negotiations. Commissioner Winn said the IGA had already undergone several reviews and encouraged the District to submit its final comments. 3. Tigard Petition to Annex Area 64 Mr. Koellermeier said he had no solid information to report at this time; any discussion of the matter would be premature. A developer may have submitted a petition to annex some portion of Area 64 into the City of Tigard. He said the Tigard city manager would like to brief the District on the matter at its July meeting. Mr. Goodrich said he was following-up with the District to get this scheduled. Commissioner Stone reported the Wilsonville Water Treatment Plant is supplying some water to the City of Sherwood. Sherwood is testing its water system. 10. Future Agenda Items Schedule Date Item To Be Announced Additional Tenancy in Common Agreements for Properties within the Tigard Water Service Area 11. Next Meeting ■ July 13, 2011 at 5:30 p.m. Public Works Auditorium, 8777 SW Burnham Street, Tigard, Oregon 12. Adjournment At 6:33 p.m. Commissioner Buehner moved to adjourn the meeting. Commissioner Henschel seconded the motion. The meeting adjourned by unanimous vote of the Commissioners present, with Commissioners Buehner, Henschel, Jehnke, Stone Viand Winn voting yes. Dick Winn, IWB Chair Greer Gaston, IWB Recorder Date: �� Date: 7all I Intergovernmental Water Board Minutes June 8,2011 4