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06/13/2001 - Packet Intergovernmental Water Board Meeting Servin: Ti:ard, Kin: Ci , Durham and Uninco •orated Area AGENDA Wednesday, June 13, 2001 5:30 p.m. 1. Call to Order/Roll Call and Introductions Motion to call meeting to order, staff to take roll call 2. Approval of Minutes—May 23,2001 Motion from Board for minute approval 3. Aquifer Storage and Recovery—Dennis Koellermeier/Montgomery Watson (20 minutes) Update and status report on Phase I Feasibility Report and discussion on proceeding with Phase II 4. Long Term Water Update—Ed Wegner(10 minutes) a. Discussion on status of long term water options b. Integrated Water Resource Management Feasibility Study joint funding agreement S. Utility Manager Report—Dennis Koellermeier(15 minutes) • a. Summer supply b. Water ordinance with even/odd watering 6. Informational Items Items will be discussed briefly if time allows—otherwise printed info will be distributed • May 18,200I Portland Tribune"Bull Run may need a fix,especially if global temperatures rise" • Memorandum of Understanding—JWC • Bull Run Dispatch May 2001 7. Public Comments Call for any comments from public 8. Non Agenda Items Call for any non-agenda items from Board Members. Next meeting date July 11,2001 at Town Hall 9. Adjournment—Approximate time 7:00 p.m. Motion for adjournment Light dinner will be served at 5:15 p.m. Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS 192.660(1)(d), (e), (7)&(h)to discuss labor relations, real property transactions,current and pending litigation issues and to consider records that are exempt by law from public inspection. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session,but must not disclose any information discussed during this session. Intergovernmental Water Board Meeting Minutes May 23, 2001 Members Present: Joyce Patton, Jan Drangsholt, Bill Scheiderich, Norm Penner, and Patrick Carroll Staff Present: Ed Wegner, Dennis Koellermeier, Tom Imdieke, and Kathy Kaatz Visitors: Gary Bourque, Gary Parcher, and Roel Lundquist 1. Call to Order/Roll Call and Introductions Commissioner Bill Scheiderich called the meeting to order at 5:30 p.m. Ed Wegner introduced Dennis Koellermeier as the new Utility Manager to the members of the Intergovernmental Water Board. Dennis came to the City of Tigard from the City of West Linn where he was the Operations Manager for Public Works for over twenty years. 2. Approval of Minutes—April 11, 2001 Commissioner Joyce Patton motioned to approve the minutes of the April 11, 2001, meeting. Commissioner Jan Drangsholt seconded the motion. The Board voted unanimously to accept the minutes. 3. Credit for Leak Request— Gary Bourque Mr. Bourque summarized the circumstances pertaining to the leak. On March 29, 2001, a leak was discovered by the meter reader at 11455 SW 115th Avenue. The property was vacant. Mr. Bourque purchased the property in October and was waiting for funding before moving in. It is suspected that the leak began at an outside, galvanized water pipe probably with the earthquake. Tom Imdieke stated that the meter reader notified the Utility Billing staff who knew the property was vacant and they contacted Mr. Bourque about the problem. Mr. Bourque has disabled and disconnected the old galvanized pipe to make the repairs. Mr. Wegner stated that Utility Billing has given the credits they are authorized to give ($392.04). Any further action must be by the Intergovernmental Water Board. He added that he did not think anyone was at fault in this situation. Intergovernmental Water Board 1 May 23,2001 V • The reservoir site was purchased in 1980's. • Menlor Reservoir required additional access as the area quickly grew. ■ Easement to the area was to be acquired from Mrs. Clute's property. (Owner had rented out the house. Mrs. Clute became sick and her family persuaded her to sell the property instead of granting easement.) The Clute property is in the county. • Sale was negotiated. Plans were to use what land was needed for the reservoir, then sell remaining property. During this same time the City of Tigard was negotiating with Washington County for an Urban Services Agreement that would allow the planning area of interest (Bull Mountain and Beef Bend Road areas)to approve all building planning, development, permit reviews, and inspections. The premise was that those houses would someday become part of Tigard and the county wanted out of the residential urban business. A stipulation to the agreement was that the county wanted the change to be equal to or better than county zoning. The original zoning of the Clute property was R-15. Tigard does not have an R-15 rating. The closest was R-25 (multi-family, 25 units per acre). Therefore, the county chose the R-25 zoning. The county would have to approve any rezoning of the Clute property. Mr. Wegner said that a question asked several weeks ago by Mr. Ramsey was why the deed to the Clute property was in the name of the City of Tigard. The reason being that all the assets of the water system were pledged to the City of Tigard to operate and maintain for the entities involved (property manager concept). Commissioner Patton added that each of the entities has a prorated share of the assets. Mr. Parcher stated he and Mr. Ramsey attended numerous meetings of the City Council last summer and became very confused. They were told the City Council could not do anything because they did not own the property and told them to go to the Intergovernmental Water Board, which they did. Then they saw that the City was the one putting the property up for sale. Mr. Wegner again stated that the IWB entities have pledged their assets to Tigard. The IWB representatives recommended the sale of the property to their acting agent, the Tigard City Council. The City has had the property appraised. Metro was contacted, but was not interested in the property. When the property is sold, the money will go into the water fund, not into the general tax dollars of the City of Tigard. Mr. Wegner stated the contact with the neighbors had been Trish Farmer, who until recently had been interested in purchasing the property, and would pass the information on to other neighbors. The public hearing was not advertised properly for the City Council, therefore, there would be another public hearing held. Technically the property is not up for sale until after the public hearing. Intergovernmental Water Board 3 May 23,2001 J 5. Long Term Water Update— Ed Wegner Joint Water Commission Project—An Intergovernmental Agreement has been signed with the potential partners to do a feasibility study with the Bureau of Reclamation to raise Scoggins dam another 25-40 feet. (Beaverton has not yet signed.) It will cost $155,000 over a two-year period for the feasibility study. The Request for Proposal (RFP) is being written by the technical committee now and should go out to award a contract after July 1St. Unified Sewerage Agency (USA) will be the managing partner. Tigard Water System will have an 18.7% interest if the dam can be raised, which would provide 10,000 acre feet of water storage and meet our supply needs for the next fifty years. Portland— Commissioner Sten's proposed resolution for a regional water system passed on April 25th by the Portland City Council. The Resolution directs Commissioner Sten to work with the elected officials of the region to identify and analyze alternative institutional and governmental agreements for water utilities. An interim report is to be made by September 15, 2001. The first meeting of the new group will meet in Tualatin on May 31. The City of Portland has hired Economic and Engineering Services, Inc. (EES) of Seattle to facilitate Commissioner Sten. They are trying to promote the regional concept and have met with numerous entities. They appear to be sincere in their efforts to make it work. Commissioner Patton stated she thought they were earnest and sincere. Portland was not dictating what they want to see. In her testimony, she let Portland know the following issues: • An interest in the regional concept. • An interim contract, not an extension of the old contract, needs to happen at the same time. • No interest in the distribution system at this time, but interested rather in supply arrangements on a regional basis. Commissioner Drangsholt indicated she has had recent discussions with several mayors in the area and there appears to be a great deal of skepticism on their part. The Portland Water Bureau has been difficult to deal with in the past. It is feared that they will not actually support Commissioner Sten. Commissioner Patton asked Commissioner Sten, his staff and Ed Tenney (EES) if the staff and the Commission were really on board. Mr. Wegner interjected that he has had several opportunities to have frank and candid discussions with Ed Tenney (EES). Mr. Tenney stated Commissioner Sten hired him, not the Portland Water Bureau staff, to try to get this project off the ground this summer and produce a preliminary report by September. Mr. Wegner thinks they have seen the wave of the future with Wilsonville leaving and creating their own water supply, the possibility of Tigard going to the JWC in five years, and Rockwood going with Gresham. They see everyone leaving them. They have asked if they want to lose 40 all their users or create a partnership relationship. Intergovernmental Water Board 5 May 23,2001 CITY OF TIGARD, OREGON ORDINANCE NO. 01- AN ORDINANCE AMENDING SECTION 12.10.180 AND ADDING NEW SECTIONS 12.10.300, 12.10.310, 12.10.320,12.10.330 AND 12.10.340 OF THE TIGARD MUNICPAL CODE WHEREAS: 1. The public interest is served by the City's ability to limit water usage during an emergency: 2. Amendments to the Municipal Code would clarify the process to be used to curtail water usage when water shortages occur or are anticipated; THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 12.10.180 of the Tigard Municipal Code is amended to read as follows: Limitation on the Use of Water (a) Limitation on the use of water as to hours, purpose, or manner may be prescribed from time to time by order of the Public Works Director, based on a finding that the limitation is reasonable given the available and projected water supply and demand. Any order under this section shall be reviewed by the City Council at its next session following issuance of the order. The City Council may affirm, withdraw or amend the order. (b) The Public Works Director, the City Manager, or the City Council may call for voluntary reductions in water use, including but not limited to voluntary rotational watering plans. SECTION 2: Section 12.10.300 is added to the Tigard Municipal Code to read as follows: Findings and Declaration of a Water Emergency. Upon a finding that the municipal water supply system is incapable of providing an adequate water supply for normal usage due to a drought, system failure, or any other event, the City Council may declare a water emergency and require that water usage must be curtailed. The City Of Tigard—Ordinance No.01-_ Page 1 of 5 Owners/operators of these vehicles are encouraged to utilize establishments that recycle or reuse the water in their washing process. (e) Cleaning, filling or maintaining decorative water features, natural or manmade, including but not limited to, fountains, lakes, ponds and streams, unless the water is recirculated through the decorative water feature. Water features that do not include continuous or constant inflowing water are not included. (f) Wasting water by leaving unattended hoses running. (g) Water line testing and flushing in connection with construction projects; exception: (i) Testing and flushing of critical water facilities (h) Other actions that the City Council determines should be restricted, consistent with a Level I situation, including any restriction or curtailment imposed on the city by water suppliers or applicable law, regulation or order. (2) Level II — Moderate.The following activities or actions are prohibited under a Level II declaration. (a) Actions and activities prohibited in a Level I situation. (b) Watering of any lawn, grass or turf, regardless of age or usage. (c) Watering, sprinkling, or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation or trees. (d) Washing of vehicles other than in establishments that recycle. (e) Power washing of buildings, regardless of purpose, is prohibited. (f) Any additional actions that the City Council determines should be restricted consistent with a Level II situation. (3) Level III —Severe. In addition to the restrictions imposed under Level I and Level II, the City Council may impose any other restriction on water use or activities that may require the need for water supplies, consistent with the City water supply contracts. Activities that may require the need for water supplies include fireworks displays and other events that create a risk of fire. In imposing a Level III restriction, the City Council shall consider any restriction recommended by the Public Works Director or by any Fire District serving the City. SECTION 4: Section 12.10.320 is added to the Tigard Municipal Code to read as follows: Enforcement. (1) Warning. The City shall send a letter of warning for each violation of a curtailment restriction if no previous letter of warning has been sent to the person responsible for the violation. The letter of warning shall specify the violation, may require compliance measures, and shall be City Of Tigard—Ordinance No.01- Page 3 of 5 "Rotational watering plan" means a plan for watering lawns and/or gardens on specific days or at specific times and not on other days or times. A rotational watering plan may be voluntary or mandatory. PASSED: By votes of all Council members present after being read by number and title only, this day of , 2001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2001. James Griffith, Mayor Approved as to form: City Attorney Date G:\muni\Tigard\Waterord 051501 City Of Tigard—Ordinance No.O1-_ Page 5 of 5 y . MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made between the City of Tigard,an Oregon municipal corporation("Tigard"),and the Joint Water Commission("JWC"), an intergovernmental entity created pursuant to ORS Chapter 190. RECITALS A. JWC owns and operates a water storage facility,water treatment plant and water supply system("System")that provides treated water to the distribution systems of its members to-wit: the City of Beaverton, an Oregon municipal corporation("Beaverton)";the City of Hillsboro, an Oregon municipal corporation("Hillsboro");the City of Forest Grove, an Oregon municipal corporation("Forest Grove");and the Tualatin Valley Water-District,a domestic water supply district("TVWD"). B. Each Member of the JWC has made various and sundry capital contributions to the JWC System and has an acquired ownership interests in the various components. Each Member has acquired and retained ownership of water rights,which are made available to the JWC for usage in the System. C. Tigard owns and operates a municipal water supply system within its City limits and also provides water service to the Cities of King City and Durham, and certain unincorporated areas within Washington County within the boundaries of the Tigard Water District. D. The Parties agree that mutual cooperation relating to planning for the development or expansion of water sources in the Tualatin River Basin and treatment and supply facilities for such water should result in greater efficiency and security of the water supply system to the benefit of all. AGREEMENT 1. Tigard and the JWC agree to cooperate in the planning,research, analysis, and development for expansion of water sources in the Tualatin River Basin and water supply facilities therefore that will provide mutual benefits to the parties. Cooperation may include interties between distribution systems,joint development of facilities that could provide service to the parties,the provision of surplus water by one party to the other, and the provision of emergency water supplies by one party to the other. 2. Tigard will support efforts to expand the Scoggins Reservoir or other Tualatin River Basin sources as part of the Regional Water Supply Plan and cooperation in the studies to determine the feasibility of such expansion,such as the current Integrated Water Resource Management Study Memorandum of Understanding dated May 18, 200 J 3. Tigard may become a member.of JWC if Tigard applies for and obtains water rights for additional source water in the Tualatin River Basin and JWC,its Members,and Tigard are able to agree upon the terms of Tigard's membership in JWC. PAGE 1 —MEMORANDUM OF UNDERSTANDING CATEMou.aa r t IN WITNESS WHEREOF,the Parties hereto have caused this Memorandum of Understanding to be executed by their respectively authorized officers or representatives as of the day and year first above written. CITY OF TIGARD JOINT WATER COMMISSION B j I =' 4 't!/" By: VeZt1, a-/ ayor // General Manager PAGE 3—MEMORANDUM OF UNDERSTANDING CATEMP MOU.aoc u m m er Supply Plan ■ Commissioner Sten will decide when and if we pump groundwater,based on Council policy The Water Bureau annually prepares a Seasonal established last year.The Mayor and Council will be Water Supply Augmentation and Contingency Plan. apprised of any decision to use groundwater. City Council accepted the 2001 plan on May 16. The plan addresses multiple objectives:supply • The Bureau will provide updates to Council reliability,water quality,environmental stewardship, throughout the summer. Key milestones will be and cost management. A wide spectrum of reservoir drawdown,a decision to pump stakeholders reviews the plan. Highlights include groundwater,and forecasted refill. the following: • We have enough water available. Even though Rainwater Recycling winter 2000 2001 was unusually dry,the Bull Run Frequently Water Bureau employees are asked about reservoirs are full and are expected to stay full City policy concerning the use and reuse of rainwater through the spring. that falls on customers'properties.Untreated rainwater is not safe to use as drinking water. • We do not anticipate curtailment.We expect to have adequate supplies to meet water demand,even As of April, a code guide developed in the City's in a warm dry summer and despite regional drought Office of Planning and Development Review predictions.Spring rains will be important for (OPDR)in conjunction with the City's Green delaying the onset of most outdoor water uses as well Building Initiative provides detailed information as adding to Bull Run supplies. about collecting,storing,and distributing rainwater on a property.The code guide provides information Water conservation will be a key tool. for one and two-family residences on supplying rrogram components include water bill inserts,radio rainwater for use in flushing toilets,irrigating,or and television advertisements,landscape workshops, supplying hose bibbs.OPDR considers commercial bus-side signs,and billboards. Many of these applications for rainwater harvesting on a case-by- programs are in partnership with the Regional Water case basis. Providers Consortium. Information concerning rainwater harvesting systems • Our neighbors in the region might need help. is available on-line at www.opdr.ci.portland.or.us/ We are exploring these needs and developing whatsnew/whatsnew.htm The following FAQ's from strategies to help meet them. The City of Portland is this OPDR web site are provided to inform Water fortunate that reservoirs are full and we have Bureau employees.All questions concerning the relatively abundant supplemental supplies available. harvest of rainwater should be referred to OPDR. • More groundwater is available for 2001.The When questions concern stormwater management total available capacity in baseline groundwater issues,OPDR will refer citizens to BES as needed. resources is almost triple the amount available during What is harvested rainwater? summer 2000. Harvested rainwater is untreated rainwater collected • Flow will be released for fish,consistent with for limited use in specific plumbing systems.The federal law. Key factors in the release strategy rainwater may be collected in a variety of ways from include steelhead spawning in the spring,water roof surfaces,and is then stored in a cistern for use temperatures during the summer,and chinook on an as-need basis.Harvesting rainwater from wning in the fall. • vehicular or pedestrian areas,surface water run off, ■ Benson bubblers are equipped with timers, or bodies of standing water is not allowed. same as in 2000. This approach allows us to contribute to water conservation objectives while maintaining the aesthetic character of the fountains. • May 14,2001 JOINT FUNDING AGREEMENT IWRM WATER SUPPLY FEASIBILITY STUDY This agreement,dated --,2001,is between The Unified Sewerage Agency of Washington County,a county service district formed by authority of ORS 451, (Agency), The Tualatin Valley Water District,a domestic water district formed by authority of ORS 264(District)and the cities of Hillsboro,Beaverton,Forest Grove,Tigard,Sherwood, Tualatin,North Plains,Cornelius and Banks,all municipal corporations of the State of Oregon. RECITALS 1. The parties acknowledge that new sources of water will be necessary in order to meet the needs of domestic,commercial,industrial and agricultural users within the Tualatin Basin,as well as the water quality and quantity needs of the Tualatin River; 2. The parties wish to enter into an agreement under which the parties shall jointly fund a study of the feasibility of two alternative approaches to increasing the water supply, as well as the"no action" alternative. 3. The parties hereto have the authority to enter into this agreement pursuant to their applicable charters and Oregon Revised Statutes sections 190.003 through 190.030. TERMS AND CONDITIONS 1 Description of Project The project to be funded pursuant to this agreement shall be known as "The Integrated Water Resources Management Water Supply Feasibility Study" (the Study). The Study shall be conducted jointly by consultants hired by the parties to this agreement and the U.S.Bureau of Reclamation. The Study shall examine the feasibility of several water supply alternatives to increasing the water supply within the Tualatin Basin. The alternatives provided in the IWRM Strategy Plan included;expanding the Hagg Lake reservoir,and other potential new supply alternatives. The Study shall also examine the feasibility of not increasing the water supply within the Tualatin Basin. The Study shall recommend a preferred approach to meeting water needs within the Tualatin Basin and shall contain either a strategy or a draft strategy for obtaining an Environmental Impact Statement. In examining the alternative approaches to increasing the water supply,the Study shall assume that an additional 50,600 acre feet of supply will be needed on an Page 1- Joint Funding Agreement IWRM Water Supply Feasibility Study