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City Council Packet - 01/11/2010 Joint Meeting at LO OE LAKE 0S11,4.0 i wf� Joint meeting of the . �► Lake Oswego and Tigard City Councils AGENDA okEGON Monday, January 11, 2010 Lake Oswego City Council 6:00 p.m. Jack Hoffman, Mayor Kristin Johnson, Council President West End Building, Willamette Room Donna Jordan Roger Hennagin 4101 Kruse Way Mary Olson Sally Moncrieff Also published on the internet at: ci.oswego.or.us Bill Tierney Contact: Robyn Christie, City Recorder E -Mail: rhristie@ci.oswego.or.us Tigard City Council Phone: 503 - 675 -3984 Craig Dirksen, Mayor Nick Wilson, Council President Gretchen Buehner Marland Henderson Sydney Webb The meeting location is accessible to persons with disabilities. To request accommodations, please contact Public Affairs at 503 - 635 -0236, 48 hours before the meeting. 1. CALL TO ORDER 2. WELCOME AND INTRODUCTIONS 3. GB Arrington presentation on Transit Oriented Development — 6 p.m. 4. Water Project Update — 7 p.m. 5. ADJOURNMENT 01 LARE Osk �► CITY OF LAKE OSWEGO COUNCIL REPORT OREGON TO: Mayors Jack D. Hoffman and Craig Dirksen Members of the Lake Oswego and Tigard City Councils City Managers Alex D. McIntyre and Craig Prosser FROM: Joel B. Komarek, P.E., Project Director SUBJECT: Lake Oswego/Tigard Water Supply Expansion Project — Implementation Update. DATE: January 7, 2010 ACTION This study session provides an opportunity for staff from the partner cities to update the Joint Councils on the status of Project' activities that have occurred since the Intergovernmental Agreement (IGA) was signed by the two cities in August 2008. In addition, staff seeks the Joint Councils' concurrence with proposed early implementation activities related to the initial expansion of Lake Oswego's water supply system. INTRODUCTION /BACKGROUND For over two decades, the cities of Lake Oswego and Tigard have shared the use of water from the Clackamas River with Lake Oswego being the supplier of surplus water to Tigard and Tigard being the purchaser of that water. It has been a mutually beneficial relationship. Beginning in 2005, the two cities joined together to fund a comprehensive analysis of the opportunities and costs of jointly planning, funding, constructing and operating an expanded water supply system for the benefit of their citizens and wholesale customers. The analysis concluded that significant benefits would accrue to both cities under a partnership approach relative to an approach that would have each pursue separate paths to achieve their water supply goals. On August 6, 2008 the Mayors of Tigard and Lake Oswego memorialized their commitment to each other to undertake significant efforts to achieve these goals by ' The "Project" (initial expansion) is defined in the IGA as "The design, permitting and construction of new and expanded Supply Facilities, as generally described in the City of Lake Oswego and Tigard Water Service Area Joint Water Supply System Analysis date July, 2007 by Carollo Engineers ( "Carollo Report") to provide 32 million gallons per day capacity by 2016..." Council Report 01/07/2010 Page 2 signing an IGA. The IGA establishes the respective roles and responsibilities of the partner cities and schedule for undertaking and achieving the initial expansion. DISCUSSION Since the signing of the IGA, the partner cities have undertaken and completed a number of IGA- required actions including: • Appointment of two members from the city councils of each partner city to comprise an Oversight Committee ( "OVC "); • Designation of two staff members from the partner cities to comprise a Technical Committee ( "TC "); • Authorizing a first amendment to the IGA establishing the value of assets owned by Lake Oswego that could be used and useful to Tigard during the period prior to completion of the initial expansion and which Tigard purchased in June 2009 for approximately $2.8M dollars; • Conducting several meetings of the OVC and TC to discuss matters related to delivery of the initial expansion; • Developing and jointly approving an operating budget for FY 2009/10; • Recruiting and hiring additional staff for the managing partner to ensure the obligations of the managing agency to deliver the initial expansion are achieved; • Undertaking and completing a qualifications -based competitive procurement process to select and contract with an engineering firm to provide program management, permitting and construction management services to the managing partner; and • Embarking on efforts to develop a Capital Facilities Plan and budget for approval of the partner cities for FY 2010/11. Through the use of a PowerPoint presentation, staff wishes to engage the Joint Councils in a discussion of near term implementation actions staff believes are crucial to execution of efforts necessary to achieve the initial expansion. These crucial, early implementation actions consist of: • Development and execution of a comprehensive communications strategy that is easily adaptable to be effective at informing the broad spectrum of stakeholders the Program Team (the "Team ") anticipates will be engaged in the delivery of the initial expansion; • Soliciting the involvement of interested citizens from the partner cities to comprise a "citizen's sounding board ". The primary objective of the board would be to provide a broad - based, grass roots perspective on issues presented to them by the Team during the design phase of the initial expansion; and 2 "Program Team" includes members of the Technical Committee and partner agency staff and the Program Management Team from Brown and Caldwell. Council Report 01/07/2010 Page 3 • Assembling a panel of experts to provide alternatives evaluation and decision support to the Team specific to the evaluation of various water treatment technologies that could be used at Lake Oswego's Water Treatment Plant ( "WTP "). Staff will seek concurrence from the Joint Councils that the reasoning and rationale behind the above proposals is sound. In addition, staff seeks direction to move ahead with efforts necessary to complete these tasks. ALTERNATIVES 1. The Joint Councils could disagree with staff's suggested need to assemble a citizen's sounding board and WTP expert panel. 2. The Joint Councils could also disagree with staffs proposed communications strategy. RECOMMENDATION Staff believe that at the close of their presentation to the Joint Councils, selection of Alternative 1 will be deemed contrary to the public's interests on such critical matters as public health and the quality of their drinking water. Staff is eager to hear from the Joint Councils ideas for improving on the initial proposals for the communications strategies. Therefore, staff recommend Joint Council concurrence with staff proposals regarding the above early implementation actions. ATTACHMENTS 1. PowerPoint Presentation Reviewed by: Alex D. McIntyre City Manager Joint Water Supply Project Program Status City of Lake Oswego - City of Tigard Joint Councils Meeting January 11, 2010 Th " (9-- usm rt YXARD UNTREATED WATER PIMIN Z• TREATED WATER PIPELINE 6 WATER FACILITY 8 PARK LNQ'OSWEGO , - 7: \ A \ G[AO)Tp,l MST MN Lake Or g Water W M r tawny COMM*. Agenda Preview • Introductions • Program overview • Permitting overview * Communications strategy • WTP process selection • Action items for Councils • Discussion of action items 1 Program Overview — Background and Purpose Lake Oswego • Peak season demands are approaching treatment capacity • Respond to new contaminants of concern, e.g., PCP's & EDC's Beneficial use of existing water rights Tigard • Become an owner of water supply assets • More control over customer costs of water ' • Owning assets allows cost recovery through SDC's i`;nku • x Program Overview — Background and Purpose (Cont.) Lake Oswego - Tigard • Expanded water system to serve both communities • Sharing capital and operating costs to reduce rate impacts • Rate stability Region • Improved water emergency response capabilities • Reliability through interconnection of multiple sources • Partnership sets example of benefits of regional cooperation • Improved opportunity to access multiple sources for environmental and economic benefits . 2 Program Overview — Program Organization c itizens City Councils r Technical CommMee WM. Program Blatt Cloven Sounding Board 1 Design Program Mattagat ... Contractors Engineers •••••• •••••• 1 i sa� sa� Public Outreach Program Permtts Prof eel Construction _ information Definition Management ff 5 `; . Program Overview — Action Items Next 6 Months • Begin permits process • Develop communications strategy • Select WTP process . Determine conveyance alignments * Continue water rights process • �rw doer 3 Waluoa Reservoir SHPO Clearance ODEQ NPDES Required Permits & Clearances Es Lake Osweswego go Permits Easements ents • _ I . r • Bonita Pump Station Lake Oswego Water Treatment Plant SHPO Clearance ODES DWP Design Cenl /ication ODEQ NPDES 1200 -C OO NPDES 00- • City Tigard Parmlls 0000 E0 NPDES 12 1200 -C Easements r Finished Water Pipeline SHPO Clearance USAGE Section 404/10 & ODSL Removal Fill ,f f 4 City of West Linn Permit Federal Endangered Species Act Consultation . NMFS Magnuson Stevens Act 4y • ODEQ 401 Certification ODEQ NPDES 1200E ODFW Mitigation Policy ODOT Clearance ar SHPO Clearancanc e + ABEES Cities of pore Oswego. Tigard & West Linn Pennlls _ - Lake Corporation Easement ncroacr000hmeent t Permit Ease Encroachment Easements Raw Water Pipeline USAGE Section 404/10 & ODSL Removal Fill State & Federal Endangered Species Act Consultation USFWS Migratory Blvd Treaty Act NMFS Magnuson Stevens Act Legend e OR State Parks Clackamas River Intake b ODEQ 401 Certification USFWS Migratory Bird Treaty Act t;%IStltl d Proposed ODEQ NPOES 1200.0 USAGE Section 404110 & ODSL Removal Fill g an `�""�"' ODFW Mitigation Policy Federal Endangered Species Act Consultation Parallel Pipeline ODOT X- Permit NMFS Magnuson Stevens Act SHPO Clearance OWRD Water Rights 0 2 Gilles of Gladstone & West Linn Permits ODEQ 401 Gratification Kra. Clackamas County Permits 00E0 NPDES 1200 -C Easements ODFW Mitigation Policy SHPO Clearance City of Gladstone & Clackamas County Permits Easements Traditional Permit Acquisition Process it 1 TA Environmental Contact 4 0 rar , -- -- -- - - - to, 10 4 , riterreitto. .,. . _,.. 4 ,.. ,, .., . 4 Collaborative Environmental Process (CEP) • Based on a strategy developed by the Partnership • Uses frequent and early communication with regulatory agencies and the public 0 Uses scientifically sound, unbiased data with agency and community input to make decisions • Accommodates broad advisory agency input • i N e . . Collaborative Environmental Process (CEP) (Cont.) • Limits concurrence to each agency's legal authority 0 Built on 10 years of regulatory agency collaborative process, but uses an agreement • Successful on -going implementation for Columbia River Crossing (1 -5) and Tualatin Basin Water Supply Project ;077;-; .0" 5 Permit Acquisition Schedule _ 2010 2011 2012 2013 a2 ro.m• s2.4 finish 0110210104 0110216 „ ,33 11.32101104 01102103104 1 D.9W1sp Peni Aa61166166$6a1s07 121712009 6190/2610 Mit 2 •c.611..•AW 97•1 1116/x69 6,9090,0 nut 3 — 1 66AN lalPe1.i1060 7619611 61761112 • w ' 1 7/1665 116610 • 6 NOV 11•16. 1212•1 •11 POO 6 NWeaneWa °ahem 1WM112011 61t20g12 limo r 711 Partners 6..611661.1 111612112 W161'12 S En iamrMd Pante. Ao119•d 01119012 61179012 1 9 W919 Rgna Secured 126179000 9 11I)pW ■ 19 Land use Approvals 1019010 111411012 t 1 R1gION Secured 7119010 10112012 -1 - ,2 Desgn Approve'• 701/2010 1•100019 ,9 perm". c'.+rancn 6 Approv.N f6179N2 10179012 ImMend 11 Communications Strategy - Foundations • Includes outreach, public ` Technically Feasible involvement, media 1 -` relations, public relations, facilitation, mediation • • Why public involvement? Environmentally t„ Publicly Supports Councils' Compatible f Acceptable ultimate sustainable f = decisions Source. I ^P2 "usta6i6sable Decisions 12 6 Communications Strategy - Six -Month Goals (Jan. 2010 — June 2010 • Create communications materials and tools • Develop clear information on the project and key issues • Re- engage and inform Lake Oswego and Tigard policymakers • Community education process underway • Inform news media f 13 1- "' --�,, , 3'�s Communications Strategy - Six -Month Goals (Jan. 2010 — June 2010) Cont. • Identify key stakeholders; make initial contacts • Update /validate community values and principles • Support: — Business Case Evaluation — Collaborative environmental process and permitting • Develop plan for next phases Alfor 14 �llk ra ;o, 7 Proposed Early Implementation Actions Communications Strategy Jan — Feb Develop Citizen Sounding Board Jan — Feb Citizen Sounding Board Facilitation Feb — ongoing Project Website (in progress) Dec — Jan Public Opinion Research Jan — Feb Stakeholder Interviews Jan — Feb Materials and Tools Jan — Feb ,,...o 15 Proposed Citizen Sounding Board • Eight to twelve community members from the Partner jurisdictions • Members assembled by agency staff * Reports to Program Director • Drawn from related fields of expertise / experience ✓ Engineering ✓ Sustainability ✓ Finance ✓ Government v Environment ✓ Communications 8 Proposed Citizen Sounding Board (Cont. Purpose • Identify important issues early on • Provide balanced review of problems /opportunities • Improve outcomes by bringing more perspectives to the table Assignment • Begin in February 2010 • Meet bi- monthly over the first year • Topics: water treatment technology, facilities design, conservation measures and public outreach 17 Draft Project Website ....a.�.•�....•a.. 4 ••■■•••■•••rrr lMy�rlls •ngarr•ralr, n aw d aw 18 http://www.lotigardWater.Org/DRAFT44 9 Goals for Water Treatment Decision • Inclusive, transparent, repeatable — Offers more holistic approach to major program decisions — Incorporates community values — Gives full consideration to Economic, Environmental, and Social /Community factors (the Triple Bottom Line) ■ — Withstands future scrutiny • Assesses potential risks & mitigation '� °~ strategies c """" ' • Monetizes evaluation factors a • Engages experts for broadest perspective �` E / • Seeks Council input at key steps W ,, • Recent success for Victoria, BC sow 19 ,0 ,c+ 4. t ,r - 0 ikt Business Case Evaluation Process Supports Sustainable Decision on WTP Upgrade Alternative' 1 form Expert Team . Your Staff ♦ ,`b' 2 Document Problem Linked to Level of Service Define Evaluation Boundaries - Workshop 1 3 Link to Level of Service / Community Values 4 Brainstorm Alternatives and Screen Fatal Flaws Collect Data on Costs and Benefits 5 Economic, Environmental, and w0 2 Community Risks and Opportun `� f Monetize Environmental Community Critena Undertake Net Present ,? 20 8 Determine Preferred Sol 10 ii s:Mu Lo aAOW J Sho11Y I19 d 4 nue * lenowa� aleRonied p3 ue4u wnmpwdsoldArD %Anapin ienowaa saucquian ;NIA ZZ ftpx..9 LuiQAIOJ k11Pl9Jel amivas sale Pied J IaAal SNOILVVI0411 uoPer11II p J!a AoIouap L ivaunea j lsoo Ja11 !H = apueua.lopad `algeliend sanReuiaTiv luaw eau 4o aSueb ap!M e!Jami3 DDIAJDS 40 lanai pue saiaepuno9 uopenlen3 auiwiaiaa same/\ A iunwwop Water Treatment Plant BCE Panel dB • Membership — Agency staff — Process experts from several design firms — Public health and regulatory expert — Oversight Committee and Citizen Sounding Board representation • Mechanics for engaging outside experts — Stipend for participation — Design firms still allowed to pursue WTP design contract * Benefit of BCE process: a recommendation the Councils can support 23 . Action Items for Councils • Endorse communications strategy * Endorse expert panel for WTP process decision support * Endorse Citizen Sounding Board 24 12 1 Discussion of Action Items e Joint Councils and program management team 25 `'" A.-.„ t Closing Remarks of Councils • Tigard * Lake Oswego 26 i► s , C 13 Contact the Water Team Hot Line: (503) 697 -6502 http: / /www.lotigardwater.org /DRAFT (active in late January) Joel B. Komarek, P. E. David A. Prock, P.F. Jane Heisler Project Director Deputy Director Communications Director (503) 697 -6588 (503) 697 -7417 (503) 697 -6573 jkomarek @ci.oswego.or.us dprock @ci.oswego.or.us jheisler @ci.oswego.or.us Dennis Koellermeier Laura Barrie Public Works Director Associate Planner Administrative Support City of Tigard (503) 534 -4238 (503) 534 -4239 (503) 718 -2596 eday @ci.oswego.or.us lbarrie@ci.oswego.or.us Dennis @tigard- or.gov oteap I OW 4's 41PIP Glossary of Terms PCP — Personal Care Products EDC — Endocrine Disruptor Chemicals SDC — Systems Development Charge CEP — Collaborative Environmental Process LOS — Level of Service WTP — Water Treatment Plant 28 14