Metro - Organization and Function of Tualatin Basin Natural Resources Coordinating Committee INTERGOVERNMENTAL AGREEMENT
ORGANIZATION AND FUNCTION OF THE TUALATIN BASIN NATURAL
RESOURCES COORDINATING COMMITTEE
This Agreement is entered into by the cities, county and special districts (collectively
"Basin governments'-)that are signatories to this Agreement.
WHEREAS, ORS 190.010 - .110 authorizes units of local government to enter into
agreements for the performance of any functions and activities that a party -to the
agreement, its officers or agencies have authority to perform;
WHEREAS, an agreement under. ORS 190.010 shall specify the functions or
activities to be performed and by what means they shall be performed;
WHEREAS, the Basin governments have responsibilities and authority under State
law and/or their local charters to conduct comprehensive planning and to administer
implementing land use regulations within their respective jurisdictions, or have
regulatory authority and provide services that are connected with these land use planning
responsibilities;
WHEREAS, the city Basin governments have entered into intergovernmental
agreements with Clean Water Services ("CWS"), a county service district that is also a
Basin government, concerning performance of local storm and sanitary sewer operations,
and concerning the authority and responsibility of CWS, as more fully described in
Exhibit A, attached hereto and incorporated herein by reference;
WHEREAS, the cities, ' County, and special districts. (collectively "Basin
governments") that are shown above the signature lines of this Agreement previously
entered into an intergovernmental agreement ("Formation Agreement") pursuant to ORS
190.010 - 190.110 forming the Tualatin Basin Natural Resources Coordinating
Committee("TBNRCC");
WHEREAS, the Portland Metropolitan Service District ("Metro") has undertaken the
responsibility to prepare and direct implementation of regional Goal 5 programs which
affect the Basin governments and which undertaking gave rise to the formation of the
TBNRCC;
WHEREAS,the.Basin governments have determined that it is in their best interests to
jointly prepare and' coordinate implementation of a program concerning Statewide
Planning Goal 5, Title 3, Section 5 of Metro's Urban Growth Management Functional
Plan, the Federal Clean Water Act and related state regulations, the Endangered Species
Act,and other regional natural resource related matters;
WHEREAS, Metro and TBNRCC entered into an intergovernmental agreement,
("Metro-TBNRCC IGA")approved by the TBNRCC on June 10,2002,and by the Metro
INTERGOVERNMENTAL AGREEMENT ONORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC action—July 11, 2005)
Page 1 of 8
Council by Resolution No. 02-3195 on May 16,2002 and amended by a First Addendum
approved by TBNRCC on May 5, 2003 and by the Metro.Council by Resolution 03-3332
on May 15, 2003, and by a Second Addendum approved by TBNRCC on April 4,2005
and by Metro Council by Resolution 05- on ,20.05;.'
WHEREAS, on April 4,2005,the TBNRCC adopted Resolution and Order No. 2005-
01 adopting Goal 5 program recommendations and supporting.ESEE analysis for
submittal to Metro, (hereinafter the"Tualatin Basin Fish and,Wildlife Habitat Protection
Program"attached hereto as Exhibit"B")and said resolution was adopted pursuant to the
Metro-TBNRCC IGA;
WHEREAS, on April 4,2005 the TBNRCC directed submittal of the"Tualatin Basin
Fish and Wildlife Habitat Protection Program to the Metro Council for inclusion in the
Metro Urban Growth Management Functional Plan as the regional resource program
addressing fish&wildlife habitat resources in the Tualatin Basin; and
WHEREAS, on May 12, 2005 the Metro Council adopted Resolution No. 05-3577A .
approving the TBNRCC's Fish and Wildlife Habitat Protection Program,with conditions;
and those conditions included two important elements:
1) that"The TBNRCC members agree to renew and extend their partnership to
implement the projects on the Healthy Streams Project List.and target projects
that protect and restore Class I and 1I Riparian Habitat; including habitat that
extends beyond.the Clean Water Services"vegetated corridors", and the
TBNRCC shall continue to coordinate its activities with Metro and cooperate with
Metro on the development of regional public information about the Nature in
Neighborhoods Initiative";and
2) "Provisions are adopted that facilitate and encourage the use of habitat-friendly
development practices,where technically feasible and appropriate, in all areas
identified as Class I and II riparian habitat areas on the Metro Regionally
Significant Fish and Wildlife Habitat Inventory Map."
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties to
this Agreement hereby agree to undertake the following actions:
1. Formation; Scope of Authority
The parties hereby reconfirm establishment,of the Tualatin Basin 'Natural Resources
Coordinating Committee ("TBNRCC"), and delegate to the TBNRCC the authority that
each party has within its jurisdictional territory to perform the following functions and
exercise the following powers for and on behalf of the parties and their jurisdictional
territories within the Tualatin Basin area to, achieve the purpose and objectives of this
Agreement:
1:1 Expend funds contributed by the parties to this joint Tualatin Basin response to
implement the Tualatin Basin Fish and Wildlife Habitat Protection Program or other
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC action-July 1.1,2005)
Page 2 of 8
intergovernmental natural resource related programs or projects deemed of mutual
interest and which would benefit from cooperative action by the respective parties to this
agreement.
1.2 Select and enter into contracts with consultants and other parties necessary to
implement the Tualatin Basin Fish and Wildlife Habitat Protection Program or other
intergovernmental natural resource related programs or projects deemed of mutual
interest and which would benefit from cooperative action by the respective.parties to this
agreement, subject to compliance with the Washington County public contracting rules
and regulations.
1.3 Further develop, refine and carry out the tasks and responsibilities of the Basin
governments described in the Tualatin Basin Fish and Wildlife Habitat Protection
Program.
1.4 Appear on behalf of the parties in Metro.Goal 5 legislative, administrative and other
proceedings and speak for the parties and their jurisdictional territories on matters that
concern potential effects of proposed Metro actions on implementation of the Tualatin
Basin Fish and Wildlife Habitat Protection Program or other intergovernmental natural.
resource related programs or projects deemed of mutual interest and which would-benefit
from cooperative action by the respective parties to this agreement.
1.5 Consider unique circumstances identified by Basin governments as they individually
determine how to implement the Tualatin Basin Fish and Wildlife Habitat Protection
Program.
1.6 Advise the Board of Directors of Clean Water Services on implementation of the
Healthy Streams Plan or other intergovernmental natural resource related programs or
projects deemed of mutual interest.and,which.would benefit from cooperative action by
the respective parties to this agreement.
1.7 Appoint TBNRCC subcommittees, task forces or other advisory groups as may be
needed or deemed appropriate by the TBNRCC.
1.8 Conduct public outreach relating to implementation of the Tualatin Basin Fish and
Wildlife Habitat Protection Program.
1.9 Undertake other actions needed to perform TBNRCC responsibilities to implement
the . Tualatin Basin Fish and Wildlife Habitat -Protection Program or other
intergovernmental natural resource related .programs or projects deemed of mutual
interest and which would benefit from cooperative action by the respective parties to this
agreement.,
Notwithstanding the provisions of this Agreement, CWS has certain unique
responsibilities and duties under the federal Clean Water Act that are detailed in Exhibit
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC action—July 11,2005)
Page 3 of 8
A that affect its relationship with the TBNRCC. Additionally, the TBNRCC shall not
have authority, delegated or otherwise, to adopt final land use decisions on behalf of, or
binding upon,any Basin government.
2. Governance
The TBNRCC shall consist of the chief elected,officer of the governing body of each
Basin government or his/her alternate from that governing body. Notwithstanding the
foregoing, the member and alternate from.Clean Water. Services shall be a person other
than. the chair and alternate representing the Washington County Board of
Commissioners on the TBNRCC. In addition, the Metro Council may appoint from
among its members two ex-officio non-voting members to the TBNRCC.
2.1 Each TBNRCC member except ex-officio members shall have one vote. A TBNRCC
meeting quorum shall consist of a majority of all voting members. The TBNRCC shall
establish bylaws setting forth meeting times and rules of procedure as it deems necessary.
to carry on its business.
2.2 Meetings of the TBNRCC and its subcommittees shall be open to the public, subject
to the provisions of the Oregon Public Meetings Law.
2.3 Washington County shall provide staff services to schedule-meetings, keep minutes
and meeting records, administer consultant contracts, pay approved expenses and such
other administrative matters necessary to conduct TBNRCC business.
3. Funding
3.1 The voting members of the TBNRCC agree to review the,costs of activities resulting
from decisions of the Committee and to provide funds adequate to meet expenses
incurred. Funding sources shall be determined in a fair and equitable manner on a case-
by-case basis.
3.2 Washington County shall separately account for the funds and provide appropriate
documentation as reasonably requested by the TBNRCC or any individual TBNRCC
member.
4. Other members
The TBNRCC may permit additional local governments from Washington County that ,
have.a role in natural resources planning or protection to join as full-members. The
TBNRCC may permit local governments from the Tualatin Basin but outside Washington
County that have a role in natural resources planning to join as non-voting associate
members.
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC(as approved by TBNRCC action—July 11, 2005)
Page 4 of 8
5. Responsibilities of Participating TBNRCC Members
5.1 Each Basin government member shall contribute, at its own reasonable expense, such
staff work; documents, and other resources as may reasonably be requested by the
TBNRCC ,in order to carry out the TBNRCC's responsibilities, and its own
responsibilities under this Agreement. Each Basin government shall cooperate fully with
the TBNRCC during the performance of these responsibilities.
5.2 The TBNRCC shall work, in cooperation with its member 'local governments, to
implement the "Tualatin Basin Fish and Wildlife Habitat Protection Program". TBNRCC
activities shall include but are not limited to:
• Coordination with Clean Water Services in reviewing, recommending and
funding projects designed to implement the Healthy Streams Plan;
■ Coordination with Metro in development of a Regional Bond Measure to fund
acquisition or protection of key habitat areas throughout the region;
• Review of and recommendations on habitat-friendly development standards
and removal of barriers to implementation of those standards, focusing on
facilitation and encouragement of their use in Metro-identified:Class I and II
riparian habitat areas;.
■ Review of and recommendations on alternative funding mechanisms.
(including grants, local bond measures; opportunities for park SDC's, or other
alternatives)to be utilized for acquisition,restoration or enhancement, or other
programs designed to improve or enhance fish and/or wildlife habitat in the
Tualatin Basin.,
• Re-evaluation of and application of the program to address regionally
significant fish and wildlife habitat in areas included within the UGB after the
effective date of this.agreement;
• Review of, recommendations on, and coordination of volunteer programs
designed to improve fish and wildlife habitat in the Tualatin Basin (e.g.
education and outreach, stewardship recognition,tax incentives ...etc.);
■ Coordination of habitat improvement activities with other organizations
(federal, state and local governments,private,.and non-profit organizations);
• Adaptive management activities including review of the effectiveness of the
Basin Program and development of Program adjustments if needed.
5.3 Within one year after the Metro Council's final decision to make the Tualatin Basin
Fish and Wildlife Habitat Protection 'Program part of.its regional Goal 5 program by
reference in the Urban Growth Management Functional Plan, or as, soon as possible
thereafter if its charter or other notice and hearing_requirements prevent final action
within one year, .each city and county Basin government shall adopt, :adopt with
amendments, or reject proposed ordinances amending their comprehensive plans, land
use regulations or any other program or.regulation necessary to implement the Tualatin .
Basin Fish and Wildlife Habitat Protection Program.Nothing in this Agreement or the
Metro-TBNRCC IGA shall obligate any Basin government to adopt the proposed
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC action—July 11, 2005)
Page 5 of 8
ordinances or other programs or regulations necessary to implement the adopted Metro
functional plan provisions. However, each Basin government shall adopt findings
explaining its decision too-reject or vary from the TualatinBasin Fish and Wildlife Habitat
Protection Program. Failure to adopt ordinances or other programs or actions necessary
to implement the Tualatin Basin Fish and Wildlife Habitat Protection Program may result
in a determination by Metro that plans or land use regulations do not substantially comply
with the Metro Urban Growth Management Functional Plan and Statewide Planning Goal
5.
6.Term
This Agreement shall not terminate except by action of the governing bodies of a 2/3
majority of Basin governments that are voting members at the time of proposed'
termination. Any Basin government may withdraw from the TBNRCC upon 60 days
written notice to the TBNRCC.
7. Amendment
Amendments to this Agreement may be proposed by any member of the TBNRCC and
shall be incorporated into the Agreement if approved by an affirmative vote of the
governing bodies of 2/3 of all the voting TBNRCC members.
8. Miscellaneous
8.1 The parties to this Agreement are the only entities or persons entitled to enforce its
terms. Nothing in this IGA gives or is intended to provide any benefit or right, whether
directly, indirectly, or otherwise, to third persons unless such third persons are individually
identified by name herein and expressly described as intended'beneficiaries'of the terms of
this Agreement.
8.2 No person shall be denied or subjected to discrimination by any Basin government in
receipt of the benefits of any services or activities made possible by or resulting from this
IGA on the grounds of race, color, religion, gender, sexual orientation, national origin,
disability,age,or marital status.
8.3 The TBNRCC has no employees. Each basin government shall be solely responsible
for its own employees, including but not limited to compensation for and supervision of
work performed by its employees in connection with any matter described in this
Agreement.
8.4 Subject to the limitations in the Oregon Tort Claims Act and the Oregon Constitution,
each party agrees to hold harmless, indemnify and defend each other, including each
other's officers, employees. and agents against all claims, demands, actions, suits and
appeals (including at fees and costs) arising from the indemnitor's acts or
omissions under this Agreement: In addition, each party shall be solely responsible for
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC action—July 11,2005)
Page 6 of 8
any contract claims, delay damages or similar monetary claims arising from or caused by
the action or inaction of the party in the administration of'this Agreement. - Each party
shall give the other immediate written notice of any action or suit filedor any claim made
against that party that may result in litigation in any way related to this Agreement.
However, each party shall be solely responsible for'the defense of any action, claim, suit,
or appeal (including land use appeal) arising out of that party's actions, pursuant to
Section 5.3 to implement adopted Metro functional plan provisions. Each party agrees to
maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of
this Agreement at levels necessary to protect against public body liability as specified in ORS
30.270.
8.5 If any claim, demand, action, suit or appeal is filed against the TBNRCC, the parties
agree to cooperate in good faith in defending or otherwise addressing it.
8.6 This Agreement is intended as the complete, exclusive and final expression of the
Agreement among the parties to this Agreement.
8.7 If any terms or provisions of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be determined by a court to be invalid or
unenforceable, the remainder of this Agreement and the application of those terms and
provisions shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
9. Effective Date
This Agreement shall be effective on the date it is executed by Washington County and
seven others of the following.Basin governments:
• Washington County
• Clean Water Services
• Tualatin Hills Parks and Recreation District
• City of Beaverton
• City of Hillsboro
• City of Tigard
• City of Tualatin
• City of Sherwood
•
City-of Cornelius
• City of Forest Grove
• City of Durham
• City of King City
• City of North Plains
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC action—July 11, 2005)
Page,7 of 8
This Agreement consists of eight pages (including this signature.page) plus Exhibits A
and B. A separate signature page is included for each participating ;government; the
compilation of all final (signed), signature pages with a single copy of the preceding 7
pages and Exhibits A sandB.shalt represent the final agreement.
Each participating government shall,provide a signed original of this page to Washington
County for compilation and recording of,the final agreement.
CITY OF TIGARD
By:
Title: y y
Date:
INTERGOVERNMENTAL AGREEMENT ON ORGANIZATION AND FUNCTION
OF THE TBNRCC (as approved by TBNRCC'action—.July 11,2005)
Page 8 of 8
EXHIBIT A t
AUTHORITY AND RESPONSIBLITY OF CLEAN WATER SERVICES
Notwithstanding any contrary provision of the Agreement,the following clarifications
of the roles and responsibilities of Clean Water Services("CWS")in the Tualatin Basin
are incorporated into this Agreement: ,
1. As a county service district organized under ORS 451, CWS has the legal authority for the
sanitary sewage and,storm water(surface water)management programs within the cities
and the urban unincorporated area of Washington County.. CWS develops standards and
work programs, isthe permit holder,,operates the sanitary sewage treatment plants and
implements the Storm Water Management Plan. CWS previously entered into operating
intergovernmental agreements-(operating agreements)with each of the cities and
Washington County listed herein as Basin governments. Under the operating agreements,
Cities perform a portion of the local sanitary sewer and storm water management programs.
2. CWS holds the'NPDES permit and meets the permit requirements through implementation
of its Stormwater Management Plan(SWMP) in cooperation and coordination with the
Cities and the County under the operating agreements..
3. The Cities and Washington County are responsible for adopting local land use regulations
that implement statewide planning goals. CWS, on the other hand,primarily addresses the
requirements,of the Federal Clean Water Act and the Endangered Species Act and does not
adopt land use regulations.
4. The Tualatin Basin Fish and Wildlife Habitat Protection Program (Basin Protection
Program) and CWS's NPDES permit compliance activities share the goal of environmental
improvement. These efforts may well overlap and often enhance and quicken the effort to
obtain healthier streams and fish and wildlife habitat: Where the CWS Board of Directors
(CWS Board)determines there is conflict between NPDES permit requirements(including
SWMP implementation)"and the Basin Protection Program and there is no way to resolve
the conflict,the permit requirements shall control. In the unlikely event such a situation
arises,the TBNRCC shall work with its member local governments including.CWS and
Metro to modify the Basin Protection Program as necessary so as to maintain compliance
with the Metro Urban Growth Management Functional Plan.
5. In the event of conflict between the operating agreements between CWS and the Cities,the
County and this Agreement,the operating agreements shall control.
6. As holder of the NPDES permit, CWS is required to exercise operational and budgetary
authority to meet the permit and comply with the Federal Clean Water Act. CWS's Board
therefore shall retain all authority to approve or disapprove projects or plans to implement
the Basin Protection Program that may affect CWS permits,budgets and its adopted
Capital Improvements Program. To the extent feasible and practicable,however,the CWS
Board shall exercise this authority in a manner consistent with applicable provisions in this
agreement. The CWS Board funther retains authority regarding the setting of CWS rates
and charges.
Exhibit A—TBNRCC IGA(Page.l of 1)
Attachment 2
FIRST ADDENDUM TO
INTERGOVERNMENTAL AGREEMENT
FORMATION OF TUALATIN BASIN NATURAL RESOURCES COORDINATING
COMMITTEE; METRO REGIONAL RESOURCE PLANNING PROJECT
WHEREAS, the 13 cities, counties, and special districts (collectively "Basin
governments") that are shown above the signature lines of this Addendum have entered
into an intergovernmental agreement ("Formation Agreement")pursuant to ORS 190.010
- 190.110 forming the Tualatin Basin Natural Resources Coordinating Committee
("TBNRCC");
WHEREAS, the Portland Metropolitan Service District ("Metro") has undertaken
the responsibility to prepare a regional Goal 5 program which would affect existing and
developing policies of the Basin governments, which undertaking gave rise to the
formation of the TBNRCC;
WHEREAS, Metro and TBNRCC have entered into an intergovernmental
agreement, ("Metro-TBNRCC IGA")approved by the TBNRCC on June 10, 2002, and
by the Metro Council by Resolution No. 02-3195 on May 16, 2002;
WHEREAS,the Metro-TBNRCC IGA established a schedule for certain actions
by TBNRCC based on Metro's schedule for its regional Goal 5 program, and Metro's
schedule has since changed;
WHEREAS,Metro and TBNRCC are amending the Metro-TBNRCC IGA by an
addendum to reflect dates consistent with Metro's revised schedule, including action by
TBNRCC by August 2004, and termination on December 31,2005;
WHEREAS, the Formation Agreement terminates on June 30, 2004, unless
extended by action of the governing bodies of a 2/3 majority of Basin governments that
are voting members;
NOW, THEREFORE, the parties to this Addendum to the Formation Agreement
hereby agree that the term established by Paragraph 6 of the Formation Agreement is
extended from June 30, 2004 to.December 31, 2005. This Addendum shall be effective
with respect to all the following Basin governments upon action by the governing bodies
of ten Basin governments approving this Addendum:
• Washington County
• Clean Water Services
• Tualatin Hills Parks and Recreation District
• City of Beaverton
® City of Hillsboro
• City of Tigard
e City of Tualatin
FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FORMING THE
TBNRCC
Page I of 2
• City of Sherwood
• City of Cornelius
• City of Forest Grove
• City of Durham
• City of King City
• City of North Plains
This Addendum Agreement consists of two pages including signature page. A separate
signature page is provided for each of the Basin governments, to be executed in
counterparts.
Each participating government shall provide a signed original of this page to Washington
County for compilation.
City of TIGARD
By:
Title:
a7•�,v3
Date:
FIRST ADDENDUM TO INTERGOVERNMENTAL AGREEMENT FORMING THE
TBNRCC
Page 2 of 2 J
INTERGOVERNMENTAL AGREEMENT
FORMATION OF TUALATIN BASIN NATURAL RESOURCES COORDINATING
COMMITTEE;METRO REGIONAL RESOURCE PLANNING PROJECT
This Agreement is entered into by the cities, counties and special districts (collectively
"Basin governments")that are signatories to this Agreement.
WHEREAS, ORS 190.010 - .110 authorizes units of local government to enter into
agreements for the performance of any functions and activities that a party to the
agreement, its officers or agencies have.authority to perform;
WHEREAS, an agreement under ORS 190.010 shall specify the functions or
activities to be performed and by what means they shall be performed;
WHEREAS, the Basin governments have responsibilities and authority under State
law and/or their local charters to conduct comprehensive planning and to administer
implementing land use regulations within their respective jurisdictions, or have
regulatory authority and provide services that are connected with these land use planning
responsibilities;
WHEREAS, the Portland Metropolitan Service District ("Metro") has undertaken the
responsibility to prepare a regional Goal 5 program which would affect existing and
developing policies of the Basin governments.
WHEREAS, the Basin governments have determined that it is in their best interests to
jointly prepare and coordinate planning and regulatory programs concerning State Goat 5,
Title 3, Section 5 of Metro's Urban Growth Management Functional Plan, the federal
Clean Water Act and related state regulations, the Endangered Species Act, and other
regional natural resource related matters,
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties to
this Agreement hereby agree to undertake the following actions:
1. Formation; Scope of Authority
The parties hereby establish the Tualatin Basin Natural Resources Coordinating
Committee ("TBNRCC"), and delegate to the TBNRCC the authority that each party has
within its jurisdictional territory to perform the following functions and exercise the
following powers for and on behalf of the parties and their jurisdictional territories within
the Tualatin Basin area to achieve the purpose and,objectives of this Agreement:
1.1 Expend funds contributed by the parties to this joint Tualatin Basin response to the
Metro regional Goal 5 project pursuant to Section 3 of'thisAgreement.
INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC
Page 1 of 7
1.2 Enter into contracts with consultants and other parties necessary to the completion of
this project, subject to compliance with the Washington County public contracting rules
and regulations.
1.3 Enter into an Intergovernmental Agreement with Metro ("Metro-TBNRCC IGA") to
perform and submit to the Metro Council the regional Goal 'S ESEE and Program
Development steps of the Metro Goal 5 Program for-the Goal 5 resources within the
jurisdictions of the Basin governments.
1.4 Further develop, refine and carry out the tasks and responsibilities of the Basin
governments described in the"Tualatin Basin Approach"attached hereto as Exhibit"A".
1.5 Appear on behalf of the parties in Metro Goal 5 legislative, administrative and other
proceedings and speak for the parties and their jurisdictional territories on matters that
concern potential effects of the Metro Goal 5 program on the parties.
1.6 Consider unique circumstances identified by Basin governments in developing Goal
5 ESEE and Program decisions and alternatives suggested by such governments to
address these circumstances in ways that conform with .the Basin ESEE and Program
decisions.
1.7 Review Healthy Streams Plan proposals and recommendations developed by Clean
Water Services in response. to the Clean Water Act and Endangered Species Act,
coordinate Goal 5 ESEE and Program decisions with the Healthy Streams plan, and
recommend actions to achieve such coordination to the Clean Water Services District.
1.8 Appoint TBNRCC subcommittees, task forces or other advisory groups as may be
required by the Metro-TBNRCC IGA or deemed appropriate by the TBNRCC.
1.9 Conduct public outreach required by the Metro-TBNRCC IGA or otherwise relating
to a proposed coordinated-Tualatin Basin Goal 5 program that would be adopted by
Metro as an element of its Urban Growth Management Functional Plan.
1.10 Undertake other actions needed to perform TBNRCC responsibilities under the
Metro-TBNRCC IGA or to formulate the coordinated Tualatin Basin Goal 5 program.
The TBNRCC shall not have authority, delegated or otherwise, to adopt final land use
decisions on behalf of,or binding upon, any Basin government.
2. Governance
The TBNRCC shall consist of the chief elected officer of the governing body of each
Basin government or his/her alternate from that governing body. Notwithstanding the
foregoing, the member and alternate from Clean Water Services shall bea person other
than the chair and . alternate representing the Washington County Board of
Commissioners on the TBNRCC. In addition, the Metro Council may appoint from
INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC
Page 2 of 7
among its members two ex-officio non-voting members to the TBNRCC. All these
appointments to the TBNRCC should be made within 30 days of the effective date of this
Agreement.
2.1 Each TBNRCC member except ex-officio members shall have one vote. A
TBNRCC meeting quorum shall consist of a majority of all voting members. The
TBNRCC shall establish bylaws setting forth meeting times and rules of procedure as it
deems necessary to carry on its business.
2.2 Meetings of the TBNRCC and its subcommittees shall be open to the public, subject
to the provisions of the Oregon Public Meetings Law.
2.3 Washington County shall provide staff services to schedule meetings, keep minutes,
administer consultant contracts, pay approved expenses and such other administrative
matters necessary to conduct TBNRCC business.
3. Funding
3.1 The estimated total cost for services needed to enable the TBNRCC and its.staff to
perform the work tasks and activities described in this Agreement will be $100;000.
There will be additional costs up to $50,000 for public notice and public outreach. The
total costs will be shared as set forth below. Upon execution of this Agreement, as.its pro
rata share contribution to this joint effort, each party to the Agreement shall pay to
Washington County an amount calculated as follows:
a. The percentage of the total current population (2000 U.S. Census) of Washington
County within incorporated and unincorporated areas shall be calculated.
b. Washington County, Clean Water Services and the Tualatin Hills Park and
Recreation District, individually, shall each pay 1/3 of the percentage of the cost
representing the total unincorporated population.
c. The percentage representing the total incorporated population shall be divided
among the signatory cities based on each respective city's population as a
percentage of the total incorporated population.
Based on the above, Exhibit B attached hereto specifies the amount each party is to
contribute for services and for public notice and outreach.
3.2 Washington County shall separately account for the funds and provide appropriate
documentation as reasonably requested by the TBNRCC or any individual TBNRCC
member.
3.3 If the initial $100,000 plus $50,000 for public notification and outreach costs is
insufficient to,complete the TBNRCC tasks described min this Agreement, the TBNRCC,
by 2/3 majority vote of the Committee members, may authorize additional expenditures
without action by the governing bodies of the members. If additional expenditures are
authorized, the TBNRCC shall calculate the additional amount of funds needed from
INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC
Page 3 of 7
each party to the Agreement, based on the formula in item 3.1 above, and request
payment of such additional amount from each party to complete the tasks. At that time a
party may elect to withdraw from the TBNRCC rather than contribute such additional
funds to the project. If a party withdraws pursuant to this Section or Section .6, any
excess funds already contributed by that party shall not be returned to the withdrawing
party unless the TBNRCC determines that such a refund is equitable and appropriate. If
unexpended funds remain after, completion of the TBNRCC tasks described in this
Agreement, each party shall receive a share of such unexpended funds proportional to its
contribution.
4. Other members
The TBNRCC may permit additional local governments to join as full-members or as
non-voting associate members. Additional full voting members shall make pro-rata
contributions as described in Paragraph 3, and the contributions of all full voting
members shall be.adjusted accordingly.
5. Responsibilities of Participating TBNRCC Members
5.1 Each Basin government member shall contribute,at its own reasonable expense, such
staff work, documents and other resources as may reasonably be requested by the
TBNRCC in order to carry out the TBNRCC's responsibilities, and its own
responsibilities under this Agreement. Each Basin government shall cooperate fully with
the TBNRCC during the performance of these responsibilities.
5.2 The TBNRCC shall work generally to implement the "Tualatin Basin Approach"
attached hereto as Exhibit A. The TBNRCC shall provide opportunities for public
involvement, conduct a Tualatin Basin Goal 5 ESEE analysis, and: formulate a
coordinated Goal 5 Program for regionally significant Goal 5 resources within the
jurisdictions of Basin governments for resources identified 'in the riparian corridor and
wildlife habitat inventories accepted by the Metro Council. It shall submit its analyses
and decisions on these matters to Metro for consideration.
5.3 If Metro includes these TBNRCC decisions in its adopted functional plan provisions
in substantially the same form as submitted by the TBNRCC, the city and county Basin
governments shall initiate, provide notice, and hold hearings on proposed ordinances
amending their comprehensive plans and land use regulations to implement the Metro
functional plan components submitted by the TBNRCC. Each city and county Basin
government will conclude hearings and adopt, .adopt with amendments, or reject the
proposed ordinances to amend comprehensive plans and land.use regulations within 180
days after the Metro Council's final decision adopting the TBNRCC:decisions as part of
the Metro functional plan. Each Basin government:shall take final action adopting,or
rejecting any other program=or.regulation necessaryto implement ,the adopted Metro
functional plan provisions submitted by the TBNRCC within 1;80 days after the Metro
Council's final decision,or as soon as possible thereafter if its charter or other notice and
hearing requirements,prevent final action within 18&days. Nothing in this Agreement or
INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC
Page 4 of 7
the Metro-TBNRCC IGA shall obligate any Basin government to adopt the"proposed
ordinances or other programs or regulations necessary to implement the adopted Metro
'functional plan provisions. However, each Basin government shall adopt findings
explaining its decision to reject or vary from ordinances, programs, or other actions
necessary to implement the adopted Metro functional plan provisions submitted by the
TBNRCC. Failure to adopt ordinances or other :programs or actions necessary to
implement the Metro functional plan provisions submitted by the TBNRCC may result in
a determination by Metro that plans or land use regulations do not substantially comply
with the Metro functional plan.
6. Term
The Agreement shall terminate on June 30, 2004, unless terminated earlier or extended
by action of the governing bodies of a 2/3 majority of Basin governments that are then
voting members. Any Basin government may withdraw from the TBNRCC upon 60 days
written notice to the TBNRCC. Within 30 days of withdrawal, the Basin government
may be refunded a prorated return of any remaining funds it contributed to this project in
accordance with Section 3.3 of this Agreement and provided_copies of any documents or
other resource materials prepared prior to withdrawal.
7. Amendment
Amendments to this Agreement may be proposed by any member of the TBNRCC and
shall be incorporated into the Agreement if approved by an affirmative vote of the
governing bodies of 2/3 of all the voting TBNRCC members.
8. Miscellaneous
8.1 The parties to this Agreement are the only entities or persons entitled to enforce its
terms. Nothing in this IGA gives or is intended to provide any benefit or right, whether
directly, indirectly, or otherwise,to third persons unless such third persons are individually
identified by name herein and expressly described as intended beneficiaries of the terms of
this Agreement.
8.2 No person shall be denied or subjected to discrimination by any Basin government in
receipt of the benefits of any services or activities made possible by or resulting from this
IGA on, the grounds of race, color, religion, gender,,sexual orientation, national origin,
disability,age,or marital status.
8.3 The TBNRCC has no employees. Each basin government shall be solely responsible
for its own employees, including but not limited to compensation for and supervision of
work performed by its employees in connection with any matter described.1 in this,
Agreement.
INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC
Page 5 of 7
8.4 Subject to the limitations in the Oregon Tort Claims Act and the Oregon Constitution,
each party agrees to hold harmless,indemnify and defend each other, including each other's
officers, employees and. agents against all claims, demands,'actions, suits and appeals
•(including attorney fees and costs)arising from the indemnitor's acts or on-fissions under this
Agreement. In addition, each party shall be solely responsible only for its proportional
share established in this Agreement of any contract claims, delay damages or similar
monetary claims arising from or causedby the action or inaction of the party or of any.
other party in the administration of this Agreement. Each party shall give the other
immediate written.notice of any action or suit filed or any claim made against that party
that may result in litigation in any way related to this Agreement. However, each party
shall be solely responsible for the defense of any action, claim, suit, or appeal (including
land use appeal) arising out of that party's actions pursuant to Section 5.3 to implement
adopted Metro functional plan provisions. Each party agrees to maintain insurance levels or
self-insurance in accordance with ORS 30.282, for the duration of this Agreement at: levels
necessary to protect against public body liability as specified in ORS 30.270.
8.5 If any claim, demand, action, suit or appeal is filed against the TBNRCC, the parties
agree to cooperate in good faith in defending or otherwise addressing it.
8.6 This Agreement is intended.as the complete, exclusive and final expression of the
Agreement among the parties to this-Agreement.
8.7 If any terms or provisions of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be determined by a court to be invalid or
unenforceable, the remainder of this Agreement and the application of those terms and
provisions shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
9. Effective Date
The TBNRCC shall be deemed formed, and this Agreement be effective, on the date it is
executed by Washington County and seven others of the following Basin governments:
• Washington County
o Clean Water Services
• Tualatin Hills Parks and Recreation District
• City of Beaverton
• City of Hillsboro
• City of Tigard
0 City of Tualatin
• City of Sherwood'
• City of Cornelius
• City of Forest Grove
• City of Durham
• City of King City
• City of North Plains
INTERGOVERNMENTAL AGREEMENT FORMING THE TBNRCC
Page 6 of 7
This Agreement consists of seven pages(including this signature page)plus Exhibits A and
B. A separate signature page is included for each participating government;the compilation
of all final(signed)signature pages with a single copy of the.preceding 6 pages and Exhibits
A and B shall represent the final agreement.
Each participating government shall provide a signed original of this.page to Washington
County for compilation and recording of the final agreement.
CITY OF TIGARD
By:
Title:
Date: � t.c
INTERGOVERNMENTAL AGREEMENT'FORMING'THE TBNRCC
Page 7 of 7
'- EXHIBIT `A'
Tualatin Basin Approach
1/30/02 Draft
What The basin approach is a proposal that local governments take responsibility as
described in Steps I and 2, below, within the greater part of the Tualatin River basin for
the next phases (ESEE and program development) of the region's fish and wildlife
habitat program, subject to coordination with, and final product approval by,the Metro
Council. Riparian corridors and wildlife habitat determined to be regionally significant
consistent with State Goal 5, and Clean Water Act requirements and Endangered Species
Act listings would all have to be addressed in a basin approach.
Where The basin proposal could apply to any large whole watershed within the region,
if approved by Metro. For the Tualatin Basin, the general geographic extent is that area
draining the Tualatin River. The basin consists of areas inside of the current Metro urban
growth boundary and Metro jurisdictional boundary,Metro UGB alternatives analysis
areas and rural,farm and forest lands beyond. Regional resources determined by Metro,
potential regional resources identified in areas studied by Metro in its UGB Alternatives
Analysis and the rural, farm and forest lands beyond identified by Washington County as
significant resources shall be addressed in the Tualatin Basin Approach.
Who Currently, a consortium of local governments including the cities of Beaverton,
Cornelius, Durham,Forest Grove, Hillsboro, King City, Sherwood,Tigard and Tualatin,
as well as Washington County, Clean Water Services and Tualatin Hills Parks and
Recreation District have expressed a willingness to address the Tualatin Basin. Inclusion
of, or coordination with, other jurisdictions with responsibilities within the Tualatin Basin
such as Clackamas County and the cities of Lake Oswego and Portland are underway.
Individual property owners, interest groups, local government advisory committees and
other interested parties would also be provided opportunities to participate during this
work effort. In addition,Metro would participate in the Basin Approach through Council
representation on the Tualatin Basin Coordinating Committee, through project updates
to, and feedback from the Natural Resource Committee,MPAC, MTAC, Goal 5 TAC,
WRPAC, and through the Metro staff. The Metro Council would make recommendations
about the ESEE decision to delineate areas to"prohibit"or"limit"conflicting uses and
make the final decision about whether a basin approach met regional standards after
consultation with its advisory committees.
Why The Basin Approach proposal has been made in part because of a concurrent,
joint efforts by the Tualatin Basin governments, the Washington County Clean Water
Services and others to address Federal Clean Water Act requirements and Endangered
Species Act listings that likely will affect the same areas as Metro's fish and wildlife
habitat protection plan. In addition to reducing" the number of times that the same areas
are analyzed and public outreach provided and applyingmore detailed information than is
readily available region-wide, this Basin Approach allows for coordination among
similar,but distinct Federal, State and regional requirements. The basin approach can
also provide local governments with an opportunity to shape a basin-wide program that is
tailored to local conditions within the Tualatin River basin while addressing regional
1
Goal 5 objectives. Because the Basin Approach is proposed as being completed
concurrently with Metro's regional tasks,the Tualatin Basin is most likely to be
implemented sooner than other portions of the region if the non-basin jurisdictions wait
for the Metro regional safe harbor to be completed and acknowledged by the state before
they begin local implementation tasks.
When The basin,proposal would complete this work parallel to the rest of Metro's fish
and wildlife habitat program region-wide: Both the region's work effort as welf as the
Basin Approach work products would be timed to allow for Metro Council consideration
of the data and likely capacity consequences of a regional fish and wildlife protection'
plan in order to make decisions about the region's urban growth boundary by December
31,2002. To:accomplish this, materials defining the impact on the UGB buildable land
inventory would need to be readied by Metro staff by August 1, 2002. The Tualatin
Basin Approach has proposed to meet Metro's decision timeline. The Tualatin Basin
Coordinating Committee would formally provide a Basin Approach timeline and work
completion schedule. .
How The basin approach will be accomplished by setting goals and standards',
providing legal structure for coordination, establishing a process and monitoring and
evaluation.
Goals. The adopted Regional Framework Plan statesthat the region shall manage
watersheds to protect, restore and ensure to the maximum extent practicable the integrity
of streams, wetlands and floodplains, and their multiple biological, physical and social
values. Metro's fish and wildlife vision articulates the overriding goal of the Basin
Approach:
"The overall goal is to conserve,-protect and restore a continuous ecologically
viable streamside corridor system, from the streams' headwaters,to their
confluence with other streams and rivers, and with their floodplains in a manner
that is integrated with the surrounding urban landscape. This system will be
achieved through conservation,protection and appropriate restoration of
streamsidecorridors through time."
Improvement of habitat health within each of the Region's 27 hydrologic units including
the eleven hydrologic units inside the Tualatin Basin shall be a primary objective of the
Basin Approach. The following objectives within Metro's Fish and Wildlife Habitat
Vision Statement shall be pursued by the Basin Approach: to sustain and enhance native
fish and wildlife species and their habitats; to mitigate high storm flows and maintain
adequate summer flows; to provide clean water; and to create communities:that fully
integrate the built and natural environment. The region wide system of linked,significant
fish and wildlife habitats will be achieved through,,preservation of existing resources and
restoration to recreate critical linkages, as appropriate and consistent with ESEE
conclusions about whether to prohibit, limit or allow conflicting uses within a regionally
significant resource site. Avoiding any future ESA listings is another primary Basin
2
Approach objective. The sentences quoted above from.the Vision Statement as the
overall goal shall be the goal against which the Tualatin Basin Approach will be
reviewed. Objectives cited above provide additional guidance as to how the.Tualatin
Basin Approach should be completed and an intergovernmental agreement between the
consortium and Metro will provide additional working details.
Legal Structure. Intergovernmental agreements will be used to ensure Basin Approach
coordination among the affected local governments,and Metro. In addition, staff level
memoranda of understanding will be used to assure coordination between consortium
members,Metro and those relevant jurisdictions not directly participating in the Tualatin
Basin Approach.
Process. The Metro-Tualatin Basin Approach coordination process would have two-
steps. The first step would be n check-in by the Tualatin Basin Approach with Metro
before making ESEE decisions for the Basin for Metro input and advice. The second step
would be Metro Council review of Basin Approach program recommendations and
determination of program conformance with the Basin Approach review criteria
described above. In addition, ongoing coordination between the Tualatin Basin
Approach staff and Metro staff would'occur as work on the Basin Approach.proceeds. A
public involvement plan meeting'the region's goals for providing substantial
opportunities for participation by the public would be completed-for the region (including
how the Tualatin Basin would be addressed) after coordination with the Metro
Committee on Citizen Involvement.
Step 1.The ESEE Decision. Metro, local governments and other interested parties will
work to establish a regional ESEE method. One possible method would be to design
regional ESEE parameters for application within 27 hydrologic units throughout.the
Region. The Tualatin Basin would develop basin-wide and local ESEE parameters for
the Tualatin Basin. Both sets of ESEE parameters shall guide the identification.of'areas
for prohibiting, limiting;or allowing conflicting uses withini the Tualatin Basin. The
results of applying these parameters within the Basin would.be mapped.
This map could be constructed for the entire region,using the.selected regional ESEE
parameters and the mapped results of the Tualatin Basin Approach ESEE analysis,
further informed by any other local considerations. This information would be used for
two purposes. First, it would provide the foundation of the ESEE decision. Second, the
map could also be used to estimate the influence of the region's fish,and wildlife habitat
program on the housing and job capacity calculations for the region's periodic review'of
its urban growth boundary. The Tualatin Basin ESEE decision about which areas to
prohibit, limit.or allow conflicting uses within the Tualatin Basin would be made by the
local participating governments,through the Tualatin Basin Natural Resource
Coordinating-Committee,,after consideratiomof public comments,,including Metro
Council input and recommendations.
3
Step 2 Program Design and Adoption. Region-wide,Metro will prepare a regional
Goal 5 program (regional safe harbor, riparian district plan and local discretionary review
options)for the entire region which, for the Tualatin Basin, would reflect the program
developed through the Basin Approach. Regional and Basin program elements, including
incentives, acquisition,education and regulatory tools would then be prepared. The
region would prepare its regional safe harbor, riparian district.planspecifications and'the
local discretionary review options. The Tualatin Basin would design its program. For
example, the Tualatin Basin Approach could include, but would not be limited,to the
following kinds of program elements:
• Revised and new land use "goal 5 overlay" mapped areas and new regulatory
language for all land use authorities within the Basin;
• Clean Water Services (CWS)Design &Construction standards (possible revisions);
• Review and possible revisions to CWS maintenance programs (possibly maintenance
programs for all jurisdictions including park district);
• Identification and prioritization of restoration sites and financial plan
("Environmental CIP");
• Coordination with Metro Greenspaces program for targeted acquisitions; and
• Possible incorporation of"green street"optional.standards into all local codes
(project currently underway being funded by Tualatin.valley Water Quality,
Endowment Fund)
After taking public testimony, the Tualatin Basin would forward a recommended
program to Metro. After its own review process using'agreed upon review standards, the
Metro Council would determine whether the Basin Approach substantially complies and
whether to approve the Tualatin Basin Approach.
Monitoring and Evaluation. Metro Code requires that performance measures be used to
evaluate the success and effectiveness of its functional plan to realize regional policies.
In addition,the National Marine Fisheries Service 4(d) rule calls for monitoring and
evaluation. After local programs have been enacted and some time period passes to allow
for programs to take hold,Metro should evaluate its policies and their implementation to
compare goals with actual outcomes. If a basin approach significantly lagged region-wide
efforts, as a last resort, regional safe harbor provisions could be applied to the basin area
until a basin approach is completed and approved by the Metro Council.
4
EXHIBIT 'B' _
W-cOMHARE z002xts March 16,2002
COLLABORATIVE GOAL 5 RESPONSE
COST SHARING DISTRIBUTION BY JURISDICTION
CURRENTLY ESTIMATED COSTS BASIS: $1005000.00 $50,000.00
Services Public Outreach
2000 Percent of
mcorporatea
JURISDICTION: Population Population: Costs: Costs: TOTAL COSTS
(source:2000 Census)
Beaverton 76,129 29.92% $17,139.25 $8,569.63 $25,708.88
Comelius 9,652 :3.79% $2,173.00 $1,086.50 $3,259.49
Durham 1,382 0.54% $311.14 $155.57 $466.70
Forest Grove 17,708. 6.96% $3,986.68 $1,993.34 $5,980.02
Hillsboro 70,186 27.59% $15,801.28 $7,900.64 $23,701.92
King City 1,949 0.77% $438.79 $219.39 $658.18
North Plains 1,605 0.63% $361.34 $180.67 $542.01
Sherwood 11,791 4.63% $2,654.56 $1,327.28 $3,981.84
Tigard 41,223 16.20% $9,280.71 $4,640.36 $13,921.07
Tualatin 22,791 8:96% $5,131.04 $2,565.52 $7,696.56
Totals: 254,416 100% $57,277.78 $28,638.89 $85,916.67
Total County Pop: 445,342 100.00%
Total Incorporated: 255,082 57.28%
Total Unincorporated:
190,260 42.72% $42,722.22 $21,361.11 $64,083.33
COUNTY $14,240.74 $7,120.37 $21,361.11
CWS $14,240.74 $7,120.37 $21,361.11
THPRD $14,240.74 $7,120.37 $21,361.11
TOTALS: $100,000.00 $50,000.00 $150,000.00