Loading...
02/13/2008 - Packet p Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Name of Board, Commission or Comnnittee FAD YUL r 2 W Date of Meeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting; I am simply the employee preparing the paper record for archiving.This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name Signature 312-7 /L3 Date Intergovernmental Water Board — Agenda SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, February 13, 2008, 5:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to conduct roll call. 2. Approval of Minutes —January 9, 2008 Action: Motion to approve the January 9, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Board Openings - Appoint an At-Large Member to a Two-Year Term - Dennis Koellermeier Action: Motion to appoint an at-large member to a two-year term. 5. Election of Chair and Vice-Chair - Dennis Koellermeier Action: Motion to appoint the Chair and Vice Chair. 6. Consider Making a Recommendation to the Tigard City Council Regarding a Resolution to Add a Section on "Disclosure of Sensitive Information" to the Regional Water Providers Consortium Intergovernmental Agreement - Dennis Koellermeier Action: Motion to recommend the Tigard City Council approve a resolution adding a section on "Disclosure of Sensitive Information" to the Regional Water Providers Consortium Intergovernmental Agreement. 7. Water Supply Update - Mr. Goodrich 8. Informational Items ■ Both Commissioner Buehner and Commissioner Scheiderich have indicated they will not be able to attend the March 12, 2008 IWB meeting. Would the Board like to hold, reschedule, or cancel this meeting? 9. Non-Agenda Items Call for non-agenda items from Board. INTERGOVERNMENTAL WATER BOARD AGENDA— FEBRUARY 13, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of2 10. Future Agenda Items ■ Update on water partnership negotiations with the City of Lake Oswego. ■ Update on the status of the Tualatin Basin Water Supply Project. ■ Review: - Proposed revisions to the credit for leak policy. - Proposed revisions to the Billing and Collection of Utility Charges section of the Tigard Municipal Code. - The billing insert policy. 11. Next Meetings: ■ March 12, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Meeting, April 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Joint Meeting with the Tigard City Council, April 8, 2008, 7:30 p.m. City of Tigard Town Hall, 13125 SW Hall Blvd., Tigard, Oregon ■ Special Joint Meeting with the Tigard and Lake Oswego City Councils, April 15, 2008, 7 p.m. Location to be announced 12. Adjournment Action: Motion for adjournment Executive Session The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. INTERGOVERNMENTAL WATER BOARD AGENDA— FEBRUARY 13, 2008 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2 Sign-in Sheet Intergovernmental Water Board Meeting Date: J--- 13- 06 Name Do you wish If yes, please give your address please print to speak to the Board? John Q. Public Yes 13125 SW Hall Blvd. Tigard OR 97223 A/0 Intergovernmental Water Board (IWB) Meeting Minutes February 13, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Bill Scheiderich Member At-Large Dick Winn Representing the City of King City Members Absent: None Staff Present: Public Works Director Dennis Koellermeier Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston Note: Agenda items are recorded in the minutes in the order they were considered. This order varies from the agenda, thus the discrepancy in numbering. 1. Call to Order, Roll Call and Introductions Commissioner Scheiderich called the meeting to order at 5:30 p.m. 2. Approval of Minutes —January 9, 2008 Commissioner Carroll motioned to approve the January 9, 2008 minutes; Commissioner Buehner seconded the motion. The minutes were approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 3. Public Comments: None 5. Election of Chair and Vice-Chair Commissioner Winn said he valued Commissioner Scheiderich's expertise and he thought it was important to maintain continuity. Commissioner Winn nominated Commissioner Scheiderich as IWB Chair; Commissioner Carroll seconded the nomination. Commissioner Buehner nominated Commissioner Carroll as IWB Chair. Commissioner Scheiderich seconded the nomination. Commissioner Scheiderich suggested the Chair position should rotate among the members and withdrew his name from consideration. Intergovernmental Water Board Minutes February 13,2008 1 Commissioner Carroll was appointed Chair by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. Commissioner Buehner nominated Commissioner Winn as IWB Vice-Chair; Commissioner Carroll seconded the nomination. Commissioner Winn was appointed Vice-Chair by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 4. Board Openings -Appoint an At-Large Member to a Two-Year Term Four applications were received for the at-large member position. Commissioner Scheiderich, who had applied for the position, did not participate in this agenda item. Mr. Koellermeier briefed the Board on the application process and advised it was the Board's decision about how it wanted to proceed. Commissioner Russell suggested the applicants be invited to an IWB meeting to explain their interest in the position. Commissioner Buehner motioned to nominate Commissioner Scheiderich to another term; Commissioner Carroll seconded the motion. Commissioner Scheiderich was nominated by majority vote, with Commissioners Buehner, Carroll, and Winn voting yes. Commissioner Russell abstained, saying she felt the other applicants should have an opportunity to come before the board. 6. Consider Making a Recommendation to the Tigard City Council Regarding a Resolution to Add a Section on "Disclosure of Sensitive Information" to the Regional Water Providers Consortium Intergovernmental Agreement Mr. Koellermeier provided background information on this item. He explained that for security reasons, water providers, such as Tigard, had become guarded about providing information on their water systems. Since confidential or sensitive information is shared with the Consortium, this resolution addresses the Consortium's disclosure of that information. The Consortium is staffed by the City of Portland. Commissioner Scheiderich moved that the IWB had considered the amendment; Commissioner Winn seconded the motion. Commissioner Carroll restated the motion which was to forward this recommendation to the Tigard City Council in the affirmative. The recommendation was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. 7. Water Supply Update Mr. Goodrich and Mr. Koellermeier reported: ■ The average demand is at 4 million gallons per day, which is normal for this time of year. ■ The agreements with two property owners to properly abandon their wells are progressing. ■ The aquifer storage and recovery (ASR) program is going well. To date, 241 million gallons have been stored. Injection is continuing. • The timelines for the construction of the reservoir and third ASR well were provided. Intergovernmental Water Board Minutes February 13,2008 2 8. Informational Items ■ Commissioner Buehner briefed the Board on the Lake Oswego water partnership. She advised staff-level meeting negotiations were going well. Mr. Koellermeier added that the first version of the intergovernmental agreement (IGA) had been developed and issues needing further refinement had been identified. The attorney working on the IGA will present staff and the elected officials' work group with an updated version at a meeting on Wednesday, March 20 in Lake Oswego. The Tigard and Lake Oswego City Councils, along with the IWB, will meet on April 15 to review the IGA. The document should be about 95 percent complete at that time. ■ Due to the anticipated absence of two Commissioners at the IWB's upcoming March 12 meeting, Commissioner Carroll wanted to reschedule. The Board decided to move the meeting to Thursday, March 20 at 5:30. ■ The effects of reservoir construction on Bull Mountain Road were discussed. 9. Non-Agenda Items ■ At the November 28, 2007 meeting, the IWB dedicated a twelve-foot strip of property along Burnham Street to the City of Tigard. At that time Commissioner Carroll asked if the City of Tigard was interested in purchasing the remainder of the property. Mr. Goodrich said the City was interested in purchasing the property in order to realign a driveway. Mr. Goodrich asked for the Board's permission to have the property appraised and said he would then bring the item back to the Board for action. At the request of Commissioner Winn, Mr. Koellermeier said he would provide the Board with a drawing of how the driveway might be realigned following the appraisal. ■ Mr. Koellermeier explained the annual conference of the Northwest Chapter of the American Water Works Association would be held in Vancouver, Washington. There will be a forum for elected officials as part of the conference. Mr. Koellermeier will provide the Commissioners with information on the conference and will make arrangements for those interested in attending. ■ Mr. Koellermeier announced effective next Monday, Mr. Goodrich will be promoted to Water Utility Manager. 10. Future Agenda Items ■ Update on water partnership negotiations with the City of Lake Oswego. ■ Update on the status of the Tualatin Basin Water Supply Project. ■ Review: - Proposed revisions to the credit for leak policy. - Proposed revisions to the Billing and Collection of Utility Charges section of the Tigard Municipal Code. - The billing insert policy. Future agenda items were not discussed. Intergovernmental Water Board Minutes February 13,2008 3 11. Next Meetings ■ March 20, 2008, 5:30 p.m. (See item#8 above.) Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Meeting, April 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Joint Meeting with the Tigard City Council, April 8, 2008, 7:30 p.m. City of Tigard Town Hall, 13125 SW Hall Blvd., Tigard, Oregon ■ Special Joint Meeting with Tigard and Lake Oswego City Councils, April 15, 2008, 7 p.m. - Location to be announced 12. Adjournment At 6:13 p.m. Commissioner Scheiderich motioned to adjourn the meeting; Commissioner Winn seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Russell, Scheiderich and Winn voting yes. IWB Chair Greer A. Gaston, IWB ecorder Date: / Intergovernmental Water Board Minutes February 13,2008 4 Agenda Item No.: 2 IWB Meeting Date: Intergovernmental Water Board (IWB) Meeting Minutes January 9, 2008 Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 Members Present: Gretchen Buehner Representing the City of Tigard Patrick Carroll Representing the City of Durham Julie Russell Representing the Tigard Water District Bill Scheiderich Member At-Large Members Absent: Dick Winn Representing the City of King City Staff Present: Public Works Assistant Director Brian Rager Water Quality & Supply Supervisor John Goodrich Accounting Supervisor Amanda Bewersdorff Financial Operations Manager Roger Dawes IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions Commissioner Carroll called the meeting to order at 5:35 p.m. 2. Approval of Minutes — December 12, 2007 Commissioner Buehner motioned to approve the December 12, 2007 minutes; Commissioner Russell seconded the motion. The minutes were approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, and Scheiderich voting yes. 3. Public Comments: None 4. Cedar Park Manor Appeal of Leak Credit Ms. Bewersdorff provided background information on this credit for leak appeal. Based upon past practice, Commissioner Carroll suggested the Board split the remaining balance with the property owner. This would result in an additional credit of about $1,130. He confirmed that the actual cost of the water would be recouped if this additional credit was approved. Commissioner Buehner motioned to split the remaining balance; Commissioner Russell seconded the motion. The credit was approved by unanimous vote, with Commissioners Buehner, Carroll, Russell, and Scheiderich voting yes. 5. Review Credit for Leak Policy Mr. Koellermeier described the materials in the Board's packet. He explained other local water providers allow for larger customer credits, so staff was not recommending any Intergovernmental Water Board Minutes January 9,2008 1 changes to this portion of the policy. He suggested some revisions the Board may wish to consider: • Increasing the $500 limit which requires staff to bring credits to the Board for approval. The $500 limit has been in place since at least 1993. Increasing the limit would mean fewer requests would come before the Board, and more requests would be handled at the staff level. ■ Altering shut off processing fees. Water service providers, including the City of Tigard, typically issue three notices prior to turning someone's water off for nonpayment. Most service providers assess a fee at the time each notice is issued. The City of Tigard only assesses fees at shut off. By assessing some of these fees when the first and second notices are issued, customers may be more motivated to bring their accounts into good standing prior to the third notice and subsequent shut off. Commissioner Scheiderich suggested requiring a deposit when a past-due accounts are paid. Mr. Koellermeier suggested staff could present the Board with a proposal that would implement the revisions described above. The Board discussed increasing the $500 limit to between $750 and $1,000. Commissioner Scheiderich proposed: ■ Calculating the credit based upon excess water use when compared to average usage during previous time period. ■ Capping the maximum credit issued to $1,000 or $2,000. Water customers should be aware of a leak of this magnitude. • Removing the Board appeal option from the process; all credits would be processed by staff. ■ Verifying the City of Tigard always recovers its water wholesale costs with regard to credit for leak requests. Board consensus was for staff to prepare the necessary documents to implement Commissioner Scheiderich's suggestions. Mr. Koellermeier said this would likely come before the Board as a policy and would then go before the Tigard City Council as an ordinance to amend Tigard's municipal code. Ms. Bewersdorff described the shut off process and timeline. Commissioner Buehner suggested a door hanger notice fee be instituted. Commissioner Russell expressed support for a deposit when past-due accounts are paid. 6. Renewable Energy Options At the Board's December 12, 2007 meeting, the Commissioners requested information on the actual cost of renewable energy options. Mr. Koellermeier introduced this item and summarized the packet materials. The Commissioners expressed concern that energy received through this program may not actually be from a renewable energy source. They questioned whether money for renewable energy could be better spent on something else. Commissioner Buehner said the Tigard City Council wanted to discuss the purchase of renewable energy and seek citizen input on the matter. Mr. Koellermeier said the Council's presentation would not focus on the use of renewable energy for the water Intergovernmental Water Board Minutes January 9,2008 2 I system. He will inform the Commissioners of the meeting in the event they wish to attend. Unless he receives further instruction from the Board, Mr. Koellermeier said he would not include the cost of renewable energy in the fiscal year 2008-2009 water budget. Commissioner Buehner confirmed the purchase of renewable energy could be addressed via a white paper to the City of Tigard's Budget Committee. 7. Briefing on City of Tigard and Tigard Water District Administrative Services Proposal Mr. Koellermeier noted this information was an update for the Board and no action was required. He explained the City of Tigard had been providing services to the Tigard Water District. These services had been under negotiation since July. The District rejected Tigard's recent proposal and has elected not to have Tigard provide services. Mr. Koellermeier reported: ■ District records, previously under Tigard's custodial control, have been turned over to the District. ■ District funds, previously managed by Tigard, have been turned over to District. ■ The auditorium of the Tigard Public Works Building will be made available to the District for their 2008 regularly scheduled meetings. ■ Tigard's web site has been modified to explain the change in the relationship between the District and the City. Tigard will provide a link to the District's web site when it is operational. 8. Water Supply Update Mr. Goodrich and Mr. Koellermeier reported: • Current water demand is about four million gallons per day. ■ Aquifer storage and recovery 2 (ASR2) is being injected at a rate of 1.67 million gallons per day. ■ 188 million gallons are in storage. ■ ASR 2 goals will be met in February or March, and then injection will begin at ASR 1. ■ On the City's progress to bring two private wells into compliance. The City has offered to pay to properly abandon the wells if the work can be completed by June 2008. Several Commissioners expressed urgency in getting the wells capped. The Board discussed the status of City wells and ASR. ■ Construction of the 550-foot Zone Reservoir #2 is on time. Piping from the new reservoir to the 10-million-gallon reservoir will require construction work on Bull Mountain Road in the near future. 9. Informational Items Automated Meter Reading Mr. Koellermeier informed the Board that Portland General Electric (PGE) has made the decision to automate their meter reading. Other jurisdictions may be able to take advantage of PGE's system; the City of Tigard and PGE have entered into preliminary discussions on the matter. The infrastructure for automated meter reading is expected to be operational in about three years. The Board discussed the costs associated with manual and automated meter reading. Intergovernmental Water Board Minutes January 9,2008 3 10. Non-Agenda Items IWB Term Expirations Ms. Gaston informed the Board that Commissioner Carroll's and Commissioner Scheiderich's terms expired as of December 31, 2007. According to IWB bylaws, Commissioners can serve on the Board until a successor is appointed. The City of Durham will consider an appointment to Commissioner Carroll's position on January 22. Commissioner Carroll motioned to elect Bill Scheiderich to fill the new term as the member-at-large representative to the IWB. There was no second and the motion was not placed before the Board for consideration. Commissioner Russell requested the member-at-large position be filled on a rotating basis by someone from each jurisdiction. It was noted such a change would require an amendment to the 1993 intergovernmental agreements. Joint Meeting with the Tigard City Council Based on anticipated timelines and availability of the Commissioners, the Board decided it would hold its regular April meeting on Tuesday, April 8 at 5:30 p,m., followed by a joint meeting with the Tigard City Council that same evening. 11. Future Agenda Items ■ Discussion of a potential water partnership with the City of Sherwood ■ Update on water partnership negotiations with the City of Lake Oswego ■ Update on the status of the Tualatin Basin Water Supply Project Future agenda items were not discussed. 12. Next Meetings ■ February 13, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon • Special Joint Meeting with the Tigard City Council (Note: See Joint Meeting with the Tigard City Council under agenda item #10) 13. Adjournment At 6:37 p.m. Commissioner Carroll motioned to adjourn the meeting; Commissioner Buehner seconded the motion. The meeting was adjourned by unanimous vote, with Commissioners Buehner, Carroll, Russell, and Scheiderich voting yes. IWB Chair Greer A. Gaston, IWB Recorder Date: Intergovernmental Water Board Minutes January 9,2008 4 Agenda Item No.: IWB Meeting Date: City of Tigard Memorandum x�u�a�.txraarstag-ac.:i�ta�r.'nx�xt4�ra�•s:�ttas�r:.ct�u.t�cn�+�.'.c:t,.+sst,m�'�,x,s���rst�eusat�a To: Intergovernmental Water Board Commissioners From: Executive Assistant to Public Works Greer Gaston Re: Board Openings City of Durham and At-Large Member IWB Positions Date: February 6, 2008 The City of Durham has reappointed Patrick Carroll to serve as its representative to the IWB. Based on the Board's direction, press releases were sent to various newspapers advertising the at- large member position. The position was advertised on the City of Tigard's web site and articles appeared in the Tigard Times, The Oregonian Southwest Weekly, and the Regal Courier. Four applications were received from the following individuals: ■ Dennis Goode ■ Marland Henderson • Marvin Kau • William Scheiderich According to the intergovernmental agreements, the at-large member is selected by a majority vote of the other members. City of Tigard Boards or Committees Applying For: IJJ 1_ CITY.1DMINIti'I'It 1TI()N Tn�I eflqoieRUMA6!]`27&J°)T e24rmt Citizen Committee Interest Application Name: c t7 a I S Goode J Date: Td n�l� a00 ? Address (Res.): l q11 I ( O 31A� M f R ��oTC1 Res. Phone: City: T 1 4d Rd Zip Code: Bus. Phone: Address Bus.):OM/ Irall y�Uq�A_O&!/I ' oe E-mail: Q o ode Ile QfiONc J, co ry) City: Zip Code: % Suggested by: Length of Residence in Tigard: Where did you live previously? 5�j e q R 5 1 rx —F0,9 c7'f 11 rL Educational Background: �- �. – �CDOO/�f/G 5�.l�/yi ✓el?,5 7u g2:E W I S SC3 RL° (– Occupational Status and Background: I e, `I 5erft' VIG�' /KPo�/C�'�°rl� �Uf�P/P/U/'llCc�/71f��/�y .7�,- . How long have you been employed with this firm: Previous Community Activity: / tea de �S - c 014(f`i6�S Y,RIO(4-& �'eRylc_e Organizations and Offices: o��L° c2��ac=�� 1 15 l Other Information ( eneral Remarks): /� ���.>7fPl� � l�[L (�9yi R e NIJ Any other pertinent information you want to share?e g&C, Lf-)Z X�m 4 it GD Al d�s//lP SS C-2!' Person to notify in case of emergency: lTl/�//� V 00 e Address: A'Z l �O��yY City: �i'dpp State: �/E G Oy Contact Phones: � ��• Y�ot7! . I acknowledge that any photograph or videotape taken of a participating in this activity may be used for outreach, education or documenta ' purposes,witho t mpe sation, by the City of Tigard. 1 Signature of Participant. Date: v v Please return this form to City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 i UdmvormsKibzen"eresl Goc­0711=7 ORGANIZATIONS & OFFICES: 1984-85: President/Board Member-Independent Insurance Agents of Oregon 1989-92: Board Member-Independent Insurance Agents of America 1994-99: Board of Directors-Columbia River Girl Scout Council 1988-89: Chairman-Planned Giving Committee-St. Mary's High School 1989-91: President's Advisory Council-Physicians Association of Clackamas County 1998-Present: Executive Committee and Board Member-Affiliated Insurance Service 1998-Present: Board of Directors-Oregon Surplus Lines Association 2000: President-Oregon Surplus Lines Association 2007-09: Treasurer-Oregon Surplus Lines Association(State Taxing Entity) M. Dennis Goode FULLERTON&COMPANY 2701 NW Vaughn St Suite 340 Office 503.790.9346 Portland, OR 97210 Cellular 503.789.6661 PO Box 29018 Facsimile 503.274.6524 97296.9018 dgoodeofullertonco.com 1 FULLERTON&COMPANY I N S U R A N C E 503.274.6511 1 800.344.5581 1 fullerlonco.com City of Tigard Boards or Committees Applying For: �_B rt #Q!;-4 0 yC�J- hLL CITY ADMINISTRATION !C Citizen Committee Interest Application Name: t�' \ `i! Cc rsL 4 Date: L)` _ l— b� �y Address(Res.): ( 06S lS S� C,-&—QA'�L P-C 11 t ST, Res. Phone: City: 7-1C-1Ne-`Q Zip Code: (OT 2 Bus. Phone: x-5'1 �J� ��� �- � �'ZZS E-mail: 1 ��L b /� Address(Bus.): � ) City: �1Q Zip Code: Suggested by: Where did you live previously? / I Educational Background: Occational Status and Background: u How long live you been employed with this firm: S)Q C­ _ 1 Previous Community Activity: L C A J0 P _-�> j • L ` ` � / t � LYiu l l 02 Or uzations an C `t.0 �I.fL , C9iSG r j Other Information(General Remarks): e i I �45 1p�c f Z G L Q n� c� G 2L'2Q ti y other pertinent infomnation you wa to share? ► l Q bt cLN-<< Person to notify in case of emergency: Address: �S�-� h� r City: + G A e-n State: Contact Phones: S�'�'- o` 2-39 4 I acknowledge that any photograph or videotape tak n me pard6 sting in this activity may be used for outreach,education or documenta ' s , out compensation,by the City Qof Tigard. Signature of P tciparit: Date: 1 VdMVWM5%W8n imKnLdee m0711Y07 City of Tigard Boards or.Committees ApplyingFor:....s W ....... .. __ . . j. MY rM Citizen Committee Interest Application a - �q M-ft, .111, Name: � (? L \3_` N U Date: 1�� ` 4� Address (Res.): rA\Y) 5\,.KJ 5y (\y(z Res.Phone: - )"A b 3 City: Zip Code: Bus,Phone: Sk)33' Address(Bus.): E-mail: fy'� �� Q x k ty�u r •C o t� City: Zip Code: Suggested by: Where did you live prc-viously? �01� po r��'`u,1�t o r H UN J a e it, Educational Background . Occupational Status and Background: How long have you been employed with tlus Grm: MuE V:) -L Previous Cointnucvty Activit},: Q 0 B( — r m b Zr Q krr J ' t 5 J�n,a Organizations and Offices: G ^� n� vt ur• Other Information(General Remarks): Any other pertinent information you want to share?- Person to notify in case of emergency: v--A Address: w,2 City: State: Contact Phones: — -1z) — 5 1 I acknowledge that any photograph or videotape taken of me participating in this activity may be used for outreach,education or documentation purposes,without compensation,by the City of Tigard. Signature of Participant:\�U.LNAL ,r-- Date: MjMV. Wu-41—adxrconMDQ Portland OR 97223 / 503-522-7433 / Marv1nKau@l4ohnail.com Marvin Kau Obiective To obtain a challenging position with a focus on the real estate industry. Professional Accomplishments Principal Broker/Sales Manager ❑ Recruit,train and supervise commercial brokers in the sale and leasing of commercial real estate. ❑ Review and approve of all listings and purchase and sale agreements. ❑ Manage functional operational issues and maintain compliance with state regulations. Investment Analysis ❑ Created proforma model to evaluate a variety of types of commercial property for sale looking at ROI's, CAP rates, NOI, square footage costs and pre-tax and after-tax cash flows. ❑ Developed analytical tools to help clients understand the components of wealth creation through real estate investing by looking at how cash flow, appreciation,depreciation,debt reduction and leverage all work together. Finance/Accounting ❑ Worked as CFO, Accounting Manager,Financial Analyst and Financial Consultant for small,medium and large companies,mostly in the real estate and financial services industries. ❑ Hired and managed a team of 9 consisting of loan processors, real estate coordinators, database and IT support,reception,accounts payable and executive assistant. ❑ Managed a professional staff of 5 in a construction accounting department handling construction draws and project accounting for 38 projects with construction costs in excess of$384 million. ❑ Managed a professional staff of 6 in accounting for a$2.3 billion bond portfolio, a$1.9 billion mortgage loan portfolio, a$130 million real estate portfolio, the creation of many SEC regulatory reports, capital budgets,industry specific regulatory reports and intercompany consolidations. ❑ Handled many month-end close cycles for small to large companies, developed strategic plans, annual plans and rolling forecasts for multiple companies with multi-site locations and numerous departments. Employment History fall in Portland OR) 2006 to Present Sales Manager/VP Bluestone&Hockley Real Estate Services 2004 to 2006 CFO/Sales Manager Northstar Realty Advisors, Great Northern Mortgage 2000 to 2004 Sr. Accounting Manager LNR Property Corporation 1999 to 2000 Investment Accounting Supervisor StanCorp Financial Group 1995 to 1999 Financial Consultant Kau Enterprises 1994 to 1995 Sr. Financial Analyst US Bancorp Mortgage Company 1984 to 1994 Various Financial Positions Bank of America 1983 to 1984 GL Accountant Colonial Pacific Leasing Education/ Licensing/ Volunteer BS in Accounting, Portland State University, 1982 / Passed CPA Exam 1983 Oregon RE Principal Broker License,2007 / Washington RE Salesperson License,2005 Finance Committee Member,REACH CDC,Portland(local provider of affordable housing) Treasurer, Grace Point Community Church,Tigard f 01/28/2008 11:05 FAX 5035262484 BEAVERTON CITY ATTORNEYS 4 001 I pli .tY"46M SMC(.,24MQVI Sao JAN zac?e �ccacc�rpn �?2Z3 �., So3 52b• ��S' .. 4 755 S W • r• tF .hQ gJ�112...COfJ t �' .JW 1 t>,N . • +ls . - JIM- � pQit�41.$(atz�s and Bac1�e . Q� t D1A2f}�}dN �k ..._ ._ 9�e�.+ -.Q► -�.- ` F-Ivwlangi�}� -�' �iisfns�; Z1 � �' � ['11.E�� �V�c., t er�.J�c.E �,o�w►.�s�� 0+�1..� Gm� � r N` MOLAL R2 CLS— :arr . Ze r Pc st4rFax�No/tte 7671 now a, 10 &WWI 1 .�iiiii�Uf� ���E G L� • ��.4�.rG�Crl f. C'OjDept ICG&V^/--1 Co. ! Fax r.5'0.3eq •88gf0 Fax 0 7. The Parties shall continue to prepare independent tax coordination plans. B. Tigard and the District acknowledge that they have authority to enter into this Intergovernmental Agreement pursuant to the powers contained in Tigard's Charter, ORS 264.210 and ORS 190.010, NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Parties hereto as follows: 1. Mission Statement. The Cities withdrew from the original District with intent to take a more active role in planning and operating a domestic water supply system for the Southeast Washington County area in order to provide the residents of that area with the highest quality water service at the lowest possible cost. In keeping with that intention, the Parties to this Intergovernmental Agreement commit to working together to provide all of the residents and undeveloped property in the original District with a clean, economical water supply. The Parties further commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future long term water supply needs of the area. 2. Term. This Agreement will be in full force and effect until December 31, 2018, unless sooner terminated by one or both of the Parties. Either party may terminate this Agreement by providing written notice to the other party a minimum of ten years prior to the effective date of termination. Tigard recognizes that by this Agreement, it is assuming the responsibility to provide water to the inhabitants of the District for the duration of this Agreement unless a reasonable alternative domestic water supply is available to the District and the Agreement is terminated. 3. Intergovernmental Water Board. A. Tigard will establish an Intergovernmental Water Board (IWB) . The Intergovernmental Water Board will consist of five members. Members of the Board will be appointed by the respective governing bodies as follows: INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL) Tigard - One Member King City - One Member Durham - One Member District/Unincorporated Area - One Member At Large - one Member selected by a majority vote of the Other Members B. Intergovernmental Water Board Terms. (1) Initially, three Board members shall be appointed for a term of three years (from January 1, 1994 to December 31, 1996) and two Board members shall be appointed for a term of two years (from January 1, 1994 to December 31, 1995) . There shall be a drawing of lots to determine which Board members will serve two years and which will serve three years. Thereafter, Board members shall have two year terms. (2) Board members shall be appointed in December for the following two year term. Each term will begin on January 1. Each term will end on December 31 and each Board member shall serve until a successor has been appointed. Members may be re--.appointed to succeeding terms. Vacancies may be filled in the same manner as a regular appointment. (3) Board members shall be an elected official serving on the respective governing body except for that member selected by a majority vote of the other members. Each respective governing body may appoint an alternate to attend meetings in the place of a regularly appointed Board member. The alternate shall be appointed in the same manner and must meet the same qualifications as the regularly appointed Board member. C. Tigard may appoint city off icials as ex officio members of the Intergovernmental Water Board to assist the Board in its duties. They shall serve at the pleasure of the Tigard City Council and shall have no voting privileges. D. A quorum of the Board shall be three (3) members. All actions of the Board shall require at least three (3) votes, excluding abstentions. E. The Intergovernmental Water Board will make recommendations to the Tigard City Council on water service issues and will have the following responsibilities: (1) to make a continuing study of the. rate structure of the water system. INTERGOVERNMENTAL AGREEMENT TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL) Agenda Item No.: S IWB Meeting Date: d_-13-os -64 City of Tigard TIGARD Memorandum To: Intergovernmental Water Board Commissioners From: Executive Assistant to Public Works Greer Gaston Re: Election of the IWB Chair and Vice-Chair Date: February 6, 2008 The IWB bylaws call for the election of a Chair and Vice-Chair during the Board's February meeting. The Chair and Vice-Chair serve one-year terms. Since this is the Board's February meeting, it is time to elect these individuals for the coming year. INTERGOVERNMENTAL WATER BOARD BYLAWS REVISED DECEMBER 14 , 1994 ARTICLE I: Name of Organization • Intergovernmental Water Board ARTICLE II: Mission • The Cities withdrew from the original District with intent to take a more active role in planning and operating a domestic water supply system for the Southeast Washington County area in order to provide the residents of that area with the highest quality water service at the lowest possible cost. In keeping with that intention, the Parties to this Intergovernmental Agreement commit to working together to provide all of the residents and undeveloped property in the original District with a clean, economical water supply. The Parties further commit to working together and with other agencies and jurisdictions in a cooperative effort to plan for the future long term water supply needs of the area. ARTICLE III: Members • The Intergovernmental Water Board (IWB) will consist of five members. Members of the Board will be appointed by the respective governing bodies as follows: Tigard - One Member Ring City - One Member Durham - One Member District/Unincorporated Area - One Member At Large - One Member selected by a majority vote of the Other Members. ARTICLE IV: Officers • The Intergovernmental Water Board shall elect a Chair and Vice-Chair from its' members . Election of the Chair and Vice-Chair shall be held the first meeting in February of each calendar year. In the event of a resignation of the Chair, the standing Vice•-Chair shall become Chair on the effective date of the resignation of the Chair. The new Chair shall serve the remainder of the vacating Chair's term. The new Chair's one year term shall commence at the first meeting of the next calendar year. Agenda Item No.: /y IWB Meeting Date: A-13-08 _ City of Tigard Memorandum To: Intergovernmental Water Board Commissioners From: Public Works Director Dennis Koellermeier Re: Regional Water Providers Consortium Intergovernmental Agreement (IGA) Amendment Date: February 6, 2008 The City of Tigard, representing the entire Tigard Water Service Area, has been a voting member of the Regional Water Providers Consortium since the Consortium's inception in 1996. Based on the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and for obvious security reasons, most Consortium member agencies take exception to public information requests related to their water systems. Recently the Consortium took action to align its confidentiality and security policies with that of its members by proposing a new section, entitled "Disclosure of Sensitive Information," be added to the IGA which established the Consortium. Each member agency needs to approve the amendment. As an advisory board, the IWB's role is to review the amendment and make a recommendation to the Tigard City Council. CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 08- A RESOLUTION AMENDING THE INTERGOVERNMENTAL AGREEMENT OF THE REGIONAL WATER PROVIDERS CONSORTIUM REGARDING THE DISCLOSURE OF SENSITIVE INFORMATION WHEREAS, the City of Tigard, representing the Tigard Water Service Area, has been a member of the Regional Water Providers Consortium since the Consortium's inception in 1996;and WHEREAS, the Consortium works to facilitate emergency coordination, planning and communication among water providers as directed in the June 2004 Strategic Plan;and WHEREAS, the Consortium may develop tools to help facilitate the development of regional interconnections that may contain sensitive information about individual water systems, including locations of transmission lines and interconnections;and WHEREAS, disclosure of sensitive information would make the region's water systems vulnerable to unauthorized disruption or interference;and WHEREAS, the Oregon Public Records Law (ORS 192) recognizes the importance of protecting against the unlawful disruption to or interference with public services;and WHEREAS, the Consortium has adopted a Resolution to establish practices and protocols to aid in the prevention of the release of sensitive and protected information;and WHEREAS, the Board of the Consortium is recommending its members approve an amendment to the Intergovernmental Agreement that established the Consortium;and WHEREAS, such an amendment requires the signature of all participating members of the Consortium; NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: A new section, entitled "Section 17. Disclosure of Sensitive Information," be added to the Regional Water Providers Consortium Intergovernmental Agreement. Section 17 will read as follows: Section 17. Disclosure of Sensitive Information To achieve the work of the Consortium its members need to share specific information regarding their respective water systems including but not limited to transmission and storage information. Some of that information is confidential because its disclosure would make the water systems vulnerable to unauthorized disruption or interference. RESOLUTION NO. 08 - Page 1 When sharing information, each Consortium member may identify that which it considers confidential. The Consortium, its members, and their officers, employees and agents shall protect as confidential any shared structural and operational system information identified by a member as confidential and shall not release such information unless ordered to do so by a court of law or upon written permission of the providing party. In the event that confidential information provided by one member is the subject of a Public Records Act request to the Consortium or a member, the Consortium or member holding the information, may tender to the member providing the information, the defense of any action brought to force disclosure of that information. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2008. Mayor-City of'Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 08- Page 2 INTER-GOVERNMENTAL AGREEMENT OF REGIONAL WATER PROVIDERS CONSORTIUM (AS AMENDED IN 2004-05) i TABLE OF CONTENTS Section1. Definitions .........................................................................................................2 Section2. Purposes ............................................................................................................2 Section 3. Endorsement of Regional Water Supply Plan .......................................3 Section 4. Cooperation and Participants' Retained Powers ...............................................3 Section 5. Consortium Authority .......................................................................................4 Section6. Participants ........................................................................................................5 Section7. Dues .......................................................................................6 Section 8. Work Plan and Budgeting .............................................................8 Section 9. Consortium Board ............................................................................................. 8 Section 10. Consortium Technical Committee .................................................................... 9 Section 11. Dispute Resolution .............................................................................................10 Section 12. Duration and Dissolution ...................................................................................10 Section 13. Legal Liability ...................................................................................................11 Section 14. Oregon Law and Forum......................................................................11 Section 15. Public Notification........................................................................ .. 11 Section 16. Agreement Amendment .................................................................................... 1 1 REGIONAL WATER PROVIDERS CONSORTIUM This Inter-Governmental Agreement is entered into by and among the under- signed municipalities and districts, hereinafter called "Participants," to establish and operate the Water Providers Consortium for the Portland Metropolitan Region. RECITALS WHEREAS, ORS Chapter 190 authorizes units of local government to enter into written agreements with any other unit or units of local government for the performance of any or all functions and activities that any of them has authority to provide; and WHEREAS,all the Participants of this Agreement are thus authorized to enter into an inter-governmental agreement;and WHEREAS,many of the water providers of the Portland metropolitan area have been meeting together since 1989 through an informal group called the Regional Providers Advisory Group to coordinate water supply planning efforts; and WHEREAS,twenty seven of the area's water providers agreed in May, 1993, through the Inter-Governmental Agreement to Fund Phase Two of the Regional Water Supply Plan jointly to fund an integrated Regional Water Supply Plan and have been meeting monthly since then as the Phase Two Participants Committee to manage the development of that Regional Water Supply Plan;and WHEREAS,a draft of the resulting Regional Water Supply Plan has been circulated for public review since September, 1995;and WHEREAS,a final Regional Water Supply Plan has now been completed;and WHEREAS,that Regional Water Supply Plan contains specific recommendations for future cooperation and coordination between the water providers in this region through the formation of a regional water providers consortium;and WHEREAS, as the Regional land use agency under state law and Regional charter, the Metropolitan Service District ("METRO") has responsibilities to plan and coordinate the provision of public facilities in the region,including responsibilities created by the Metro Charter requiring that Metro's Regional framework plan address water sources and water storage; and WHEREAS,Metro has adopted Regional goals and objectives to encourage coordinated planning and management of water resources to ensure a sufficient water supply for the region; and WHEREAS,Metro's participation in preparation of the Regional Water Supply Plan and this Agreement is consistent with its regional coordination functions and its Charter 1 responsibilities; and WHEREAS,Metro's adoption of the Regional Water Supply Plan and execution of this Agreement are important parts of Metro studies preliminary to adoption of a water supply component of its regional framework plan; and WHEREAS,the Participants desire to enter into an inter-governmental agreement in order to endorse the Regional Water Supply Plan and coordinate and cooperate in its implementation; NOW, THEREFORE,the Participants agree as follows: Section 1. Definitions For purposes of this Agreement the following terms shall be defined as follows: "Agreement" - This document and any authorized amendments thereto. "Consortium" - Shall mean all Participants to this Agreement acting pursuant to and under the terms of the Agreement. "Consortium Board" - Shall-mean the Board of Directors established by Section 9 of this Agreement,consisting of one representative from the governing board,commission or council of each Consortium Participant. "Consortium Funds" -Consortium funds shall consist of all dues,voluntary contributions,grant monies and funding from any other source provided to the Consortium to conduct the activities and business of the Consortium. "Consortium Technical Committee" - Shall mean the Committee established by Section 10 of this Agreement,consisting of one staff representative appointed by the governing board,commission,or council of each Participant. "Plan" - That document dated October 1996,entitled Regional Water Supply Plan for the Portland Metropolitan Area,and all subsequent amendments thereto,referred to herein as the "Plan." Section 2. Purposes The general purposes of the Consortium are as follows: A. To provide a collaborative clearinghouse function for water supply planning and development that fosters regional coordination. B. To serve as the central custodian for Plan documents,including computer 2 models and other local decision support functions; C. To review and recommend revisions to the Plan,as appropriate; D. To provide a forum for the study and discussion of water supply issues of mutual interest to Participants and to collate the responses of Participants to such issues; E. To provide a forum for review and discussion of water resource related issues that may relate to application of the statewide land use goals,comprehensive plans, regional plans,or land use regulations; F. To allow for public participation in Consortium activities; G. To conduct regional conservation programs; H. To facilitate emergency preparedness for water suppliers in the region. Section 3. Endorsement of Plan A. By entering into this Agreement, the individual Participants endorse the Plan,attached hereto as Exhibit A,and agree to cooperate among themselves in its implementation. B. Endorsement of the Regional Water Supply Plan (RWSP) and coordination and collaboration between the Consortium members that avoids duplicative efforts and cost are part of the ongoing commitment of the Participants to jointly study and create a Regional Water Supply Plan. The RWSP is intended to be a clearing house for local water supply planning and provides support for individual water supply planning and decision making. The Plan does not,however, require any mandatory action by any Participant. Each Participant jurisdiction remains responsible for determining and adopting appropriate comprehensive and functional plan provisions,including city and county public facility plans and special district capital improvement plans.The Plan is not any part of any Participant's comprehensive land use plan or framework plan or implementing regulations unless an individual participant takes such action.No part of the Plan or any coordinated activity of the Consortium constitutes a final land use decision by any Participant applying statewide or regional land use goals,comprehensive plans,functional plans, and/or land use regulations.For any part of the Plan to be applied to a Participant's land use actions,direct action to that effect is required by that Participant. Section 4. Cooperation and Participants'Retained Powers The Participants intend that the Consortium shall act through the processes laid out herein in the spirit of cooperation.Unless specifically provided for herein,by entering into this Agreement,no Participant has assigned or granted to any other or to the Consortium its water rights or the power to plan,construct,and operate its water system or perform any other obligation or duty assigned to it under law. 3 Section 5. Consortium Authority In accomplishing its purposes,and utilizing the organizational structure and decision-making processes contained herein,the Consortium is authorized to: A. Adopt by-laws and other operating procedures consistent with the terms of.this Agreement to govern Consortium operation and administration,including such things as meeting arrangements,voting procedures,election of officers of Consortium component boards or committees, notice procedures, procedures for execution of legal documents such as contracts, budgeting, and financial operations. B. Adopt and implement an annual work plan and issue annual reports and such supplementary reports as the Consortium may determine appropriate; C. Collect regular dues from Participants to support the routine business of the Consortium in amounts established as provided herein; D. Accept voluntary contributions from Participants in amounts higher than the regular dues for the purpose of conducting studies or engaging in other activities consistent with the Consortium purposes; E. Apply for and receive grants and accept other funds from any person or entity to carry on Consortium activities; F. Expend Consortium funds, however obtained, and establish accounts and accounting processes to manage Consortium funds or utilize the accounts and processes of Participants for such purposes under appropriate agreements; G. Execute contracts to obtain goods and services and to enter into arrangements whereby Participants may contract on behalf of the Consortium to obtain goods and services; H. Execute intergovernmental agreements; I. Establish procedures for the hiring and firing of its own staff; I Accept assignment of staff from individual Participants to conduct Consortium work and to reimburse the Participants for the salary and other costs associated with the assigned staff; K. Establish procedures and criteria whereby other units of government may enter into this Agreement subsequent to its initial creation by the execution of the Agreement by fifteen or more Participants,subject to the provisions herein enabling any Participant in the Inter- Governmental Agreement to Fund Phase Two of the Plan to join as a Participant of the Consortium at any time after the Consortium's creation; 4 L. Establish a process to coordinate Participant response to water policy issues of mutual concern; M. Establish procedures to solicit the views of the public on water supply and water resource issues within the Consortium's purview; N. Establish a process whereby water policy and water supply disputes or disagreements among Participants may be resolved; O. Protect Consortium rights and enforce obligations owed to the Consortium by third parties to the extent permitted by law; P. Take other action within the powers specifically granted the Consortium herein by the Participants to exercise the authority granted in subsections A.through O. above and to carry out the purposes stated in Section 2 above. Section 6. Participants A. Participants in General. Any Participant in the Inter-Governmental Agreement to Fund Phase Two of the Plan, as listed in Exhibit B to this Agreement, may, initially join the Consortium at any time.Any Participant which,having once joined,withdraws or is expelled from the Consortium for non- payment of dues,may only re-join as provided in Section 7F. Participants in Phase Two may join in their own name or in the name of a separate inter- governmental entity,but not both.(For example,the Cities of West Linn and Oregon City may join as two separate Participants or as"one, in the name of the South Fork Water Board.) B. Initial Creation By Fifteen Participants. The Consortium shall be created and this Agreement shall become effective upon its execution by fifteen or more Participants in the Inter-Governmental Agreement to Fund Phase Two of the Plan. This Agreement may be signed in counterparts. C. Additional Participants.The Consortium Board may accept additional governmental entities as Participants into the Consortium under terms and financial arrangements that the Board determines just and appropriate.The Board may establish standards for membership in its by-laws or may allow new members to join on a case by case basis. Provided, however, that in all cases,no new member may join the Consortium without the affirmative vote of a majority of the Board. D. Withdrawal. Any Participant may withdraw from the Consortium at any time by giving written notice to the Chair of the Consortium Board. Consortium dues already paid shall not be refunded to the withdrawing Participant.To the extent it is able to do so,any Participant intending to withdraw from the Consortium shall endeavor to advise the Chair of that fact prior to February 1 and the approval of the Consortium's next fiscal year's budget. 5 Section 7. Dues A. Each Participant of the Consortium shall pay annual dues no later than September 1 of each year sufficient to fund the approved annual budget of the Consortium, as established by the Board,provided,however,that the Board may establish a different payment amount and/or schedule for a Participant upon request from that Participant or upon the Board's own motion. B. The dues of each water provider Participant shall be determined annually as follows: 1. Total annual dues for all members shall be set to equal the annual budget for the Consortium,not counting budget items to be funded by fewer than all the Participants as provided in Section 8.C.,and taking into account any grants or non-dues monies available to fund the annual budget. 2. The total annual dues of Participants that are not water providers shall then be subtracted from the total annual dues-based budget,described in subsection 7.B.1.above,leaving a budget number to be funded by provider dues.Dues shall be set so that the dues of each water provider reflects its proportional share of that sum based on the following formula: (a) 50% of the total provider dues shall be allocated proportionally based on the individual provider's proportional share of the total number of all Participants'retail customer accounts for the prior year; (b) 50%of the total provider dues shall be allocated proportionally based on the individual provider's proportional share of total average daily retail water use(in million gallons a day) in the prior year of all Participants; (c) The changes made to the Consortium's dues formula in FY 2004/05 shall be phased in at 50%in FY 2005/06 and at 100%in FY 2006/07. C. The amount of Metro's dues shall be established each year in the Annual Work Plan and budget. Metro's dues may include in-kind contributions. D. The dues obligation of any additional Participant that is not a water provider shall be established by the Consortium Board at the time it approves an entity's membership. 6 E. A Participant that fails to pay its assigned dues by September 1 or a time otherwise established by the Board pursuant to Section 7.A. shall be automatically removed as a Consortium Participant. F. Upon a majority vote of the Board,a defaulting Participant(or a Participant that has previously withdrawn from membership)may be reinstated in the Consortium upon its agreement to pay its dues for the year during which it wishes to rejoin(calculated as if the entity had been a Participant at the time the budget was approved).Upon receipt of such dues by a rejoining member,the Board shall re-calculate the dues owed by other entities and provide a credit on the next year's dues to Participants who paid more than their total dues as recalculated. G. If a new entity joins the Consortium as a Participant during an annual dues cycle,its dues and those of the existing Participants shall be calculated as follows: 1. If a new Participant is a water provider,its dues requirement will be calculated pursuant to Section 7.B. above. 2. If a new member is not a water provider,its dues will be determined as provided in Section 7.D. above. 3. The initial year dues for a new Participant joining part way through a budget cycle will be pro-rated to reflect partial year membership. 4. Upon addition of a new Participant part way through a budget cycle, the current year dues for existing Participants will be re-calculated and re-assigned as follows: (a) The new Participant's initial year dues will be deducted from the total current dues-based budget. (b)The remaining budget amount will be allocated to existing members in accordance with the percentage of the budget each Participant was assigned in the current annual budget. (c) Existing members shall receive a credit on their next year's dues payment for any amounts they paid as dues that are greater than their revised dues obligation as determined herein. 5. New Participants joining at any time after September 1 shall pay their initial year dues by the following September or at a time otherwise established by the Board upon admission of the new Participant. Section 8. Work Plan and Budgeting A. By February 1 of each year,the Board shall adopt an annual work plan of Consortium activities for the upcoming fiscal year beginning on July 1. B. At the same time,the Board shall adopt a budget sufficient to conduct the Consortium's Annual Work Plan.The budget shall also include'a calculation of the dues . owed by each Participant to fund the budget as provided in Section 7,taking into account any grants or non-dues funds available to the Consortium,and a table apportioning the dues to each Participant. C. The budget may include special studies that will be funded by fewer than all of the Participants on a voluntary basis. D. The Board may amend the budget and the work plan at any time during the year as it deems appropriate except that dues may only be increased annually as provided for in Section 7. Additional expenditures may be permitted so long as there are identified sources of revenue, other than increased dues,for such expenditure(s). E. Participants are expected to provide to Consortium staff the data necessary to calculate the annual dues for budgeting and planning. Section 9. Consortium Board A. The Consortium Board shall be made up of one representative from the governing board,commission,or council of each Participant. Each Participant shall also name an alternate Board representative from its governing board, commission, or council to serve in case the primary representative cannot. Provided,however, that if the Board Chair does not attend a meeting,the Vice- Chair shall assume the Chair's duties rather than the Chair's alternate. B. The Board is authorized to: (1)approve the Consortium's annual work plan and budget;(2)set Consortium policy;(3)approve new Consortium Participants;(4) recommend water supply,water planning,and regional cooperation actions to Participant governing boards,commissions,or councils,especially,but not limited to,actions to implement the Plan;(5)approve minor amendments to the Plan;(6) recommend to the governing boards,commissions,or councils of the Consortium Participants major amendments to the Plan;(7)periodically review the Plan comprehensively,on a schedule providing for review at least every five to ten years as needed,commencing with the date upon which the Consortium is formed:(8) recommend to the governing boards,commissions,or councils of the Consortium Participants amendments to this Agreement;(9)adopt by-laws;(10)exercise any other powers and authority granted to the Consortium by this Agreement necessary 8 to accomplish the Consortium's purposes. C. The Board shall have the authority to designate which Plan Amendments are major and which are minor for purposes of determining the process for amendment consideration.Generally,major amendment to the Plan should include revisions to the Plan's policy objectives,resource strategies,or implementation actions which significantly alter Plan direction or would significantly change the implementation strategies.Minor amendments are all other changes to the Plan. D. Upon its first meeting,the Board shall elect a temporary Chair and Vice-Chair and shall proceed within three months thereafter to adopt such by-laws as it deems advisable,consistent with this Agreement. Consistent with the terms of this Agreement,the by-laws shall,at least, (1)establish the offices of Chair and Vice-Chair and determine their terms, their general duties, and the method for their election; (2) establish how the Participants'governing boards, commissions,or councils shall notify the Consortium of their appointment of Board members and alternates; (3) establish a method to allow additional entities to join the Consortium;(4)establish a method to determine timing of meetings,provided that the Board must meet at least once a year;(5)establish a process for resolution of disputes among Participants; and(6)establish a method whereby the Board can create subcommittees of itself and other advisory committees or bodies to assist the Board in conducting its business,including a standing"Executive Committee." In creating a Board Executive Committee,the Board shall endeavor to achieve geographic representation and representation from municipalities,districts, and other types of entities that form the Participants' group. E. Each year in the annual work plan or its amendments,the Board may assign such duties or delegate such Board authority as the Board deems advisable to any Board committee or to the Technical Committee,except that the Board may not delegate the authority(1)to execute inter-governmental agreements,(2)to designate Plan amendments as minor or major, (3)to recommend major Plan Amendments or amendments to this Agreement,(4)to approve the annual work plan and the budget,(5)to approve minor Plan amendments,(6)to approve the admission of Participants to the Consortium, or(7) to dissolve the Consortium. F. To be effective,Board actions must be approved by a vote of a majority of the Board at a meeting at which a simple majority_of the Board is present. Section 10. Consortium Technical Committee A. The Consortium Technical Committee shall be made up of one staff representative appointed by the governing board,commission,or council of each Participant. Each governing board,commission,or council shall also name a Technical 9 Committee representative alternate to serve when the primary representative cannot. Provided,however,that if the Technical Committee Chair does not attend a meeting,the Vice-Chair shall assume the Chair's duties rather than the Chair's alternate. B. The Technical Committee shall advise and provide assistance to the Board on any matters falling within the Consortium's purview under this Agreement, and may act upon Board delegation of authority as provided in Section 9.F. C. The Technical Committee shall, upon its first meeting, elect a temporary Chair and Vice-Chair and shall proceed within three months thereafter to adopt such bylaws for its operation as it deems advisable, consistent with this Agreement. The by-laws shall, at least, (a) establish the offices of Chair and Vice-Chair and determine their terms, their general duties, and the method for their election; (b) establish how the Participants' governing boards, commissions, or councils shall notify the Consortium of their appointment of Technical Committee members and alternates; (c)establish a method to determine timing of meetings,provided that the Technical Committee must meet at least three times a year,and(d)establish a method whereby the Technical Committee can create subcommittees of itself and other advisory committees or bodies to assist the Technical Committee in conducting its business. D. The Technical Committee under the provisions of any agreement or contract to provide staff shall supervise Consortium staff and assume the responsibility to draft proposed work plans,budgets, annual and other reports, plan amendments, and implementation proposals for submission to the Board or Executive Committee as appropriate. E. To be effective,Technical Committee actions must be approved by a vote of a majority of the Committee at a meeting at which a quorum of two-thirds of the Committee is present. Section 11. Dispute Resolution It is the intention of the Participants to limit the issues available for dispute resolution. The issues raised must be related to interpretation of the express terms of this Agreement. No issues related to water supply development or program development by individual members may be raised.Any such dispute shall,if possible,be resolved through the use of a mandatory,but non-binding dispute resolution mechanism established by the Board through its by-laws. Section 12. Duration and Dissolution This Agreement shall remain in effect,subject to the following: (1)any Participant may withdraw at any time as provided in this Agreement;(2)should all but one Participant withdraw,the Agreement shall end and the Consortium shall be dissolved;(3)the Agreement 10 may be ended and the Consortium dissolved by a vote of the Board. Section 13. Legal Liability Participants agree to share any costs or damages,including reasonable attorney's fees, from third party actions against the Consortium. The obligation shall apply to any entity that was a Participant in the Consortium at the time the liability arose or the cause of action accrued. Payment obligations shall be proportional to the dues of each entity. Participants agree to assist and cooperate in the defense of such an action. Settlement of any action that would impose an obligation to pay upon the Participants under this provision must be approved by a majority of the Board. Section 14. Oregon Law and Forum A. This Agreement shall be construed according to the law of the State of Oregon. B. Any litigation between the Participants under this Agreement or arising out of work performed under this Agreement shall occur,if in the state courts,in the Multnomah County Court having jurisdiction thereof,and if in the federal courts,in the United States District Court for the District of Oregon. Section 15. Public Notification Meetings of the Consortium Board,the Consortium Technical Committee,and any subcommittees of those bodies shall be considered open meetings as provided by law. Section 16. Agreement Amendment Amendments to this Agreement shall be recommended by the Board and shall be effective when authorized by the governing board, commission or council, as the case may be, of every Participant. 11 Exhibit B PHASE 2 of the REGIONAL WATER SUPPLY PLAN PARTICIPANTS: City of Beaverton Canby Utility Board Clackamas River Water City of Gladstone Damascus Water District City of Fairview City of Gresham City of Hillsboro Utilities Commission City of Forest Grove City of Lake Oswego Metro City of Milwaukie Mt. Scott Water District Oak Lodge Water District City of Portland Raleigh Hills Water District Rockwood Water City of Sandy City of Sherwood South Fork Water Board: City of Oregon City/City of West Linn City of Tigard Water Department City of Troutdale City of Tualatin Tualatin Valley Water District West Slope Water District City of Wilsonville City of Wood Village City of Tigard �1 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 TIGARD FAX TRANSMITTAL Date February 7, 2008 Number of pages including cover sheet 4 To: Or The City of King City (Fax No. 503-639-3771) M(The City of Durham (Fax No. 503-598-8595) From: Greer Gaston Co: City of Tigard Fax#: 503.684.8840 Ph#: 503.718.2595 SUBJECT: Intergovernmental Water Board Meeting Notice and Agenda MESSAGE: Please post the attached notice and agenda for the upcoming meeting of the Intergovernmental Water Board. Thank you. 11EMTAX.DOT Intergovernmental Water Board Serving Tigard, King City, Durham and Unincorporated Area MEETING NOTICE Wednesday, 13, 2008 5 :30p.m. Tigard Public Works Building 8777 SW Burnham Tigard, Oregon 97223 Questions? Contact the City of Tigard at 503.639.4171 Intergovernmental Water Board — Agenda SERVING TIGARD,KING CITY,DURHAM AND THE UNINCORPORATED AREA MEETING DATE: Wednesday, February 13, 2008, 5:30 p.m. MEETING LOCATION: Tigard Public Works Building 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Roll Call and Introductions Call the meeting to order, staff to conduct roll call. 2. Approval of Minutes —January 9, 2008 Action: Motion to approve the January 9, 2008 minutes. 3. Public Comments Call for comments from the public. 4. Board Openings - Appoint an At-Large Member to a Two-Year Term - Dennis Koellermeier Action: Motion to appoint an at-large member to a two-year term. 5. Election of Chair and Vice-Chair - Dennis Koellermeier Action: Motion to appoint the Chair and Vice Chair. 6. Consider Malring a Recommendation to the Tigard City Council Regarding a Resolution to Add a Section on "Disclosure of Sensitive Information" to the Regional Water Providers Consortium Intergovernmental Agreement - Dennis Koellermeier Action: Motion to recommend the Tigard City Council approve a resolution adding a section on "Disclosure of Sensitive Information" to the Regional Water Providers Consortium Intergovernmental Agreement. 7. Water Supply Update - Mr. Goodrich 8. Informational Items ■ Both Commissioner Buchner and Commissioner Scheiderich have indicated they will not be able to attend the March 12, 2008 IWB meeting. Would the Board like to hold, reschedule, or cancel this meeting? 9. Non-Agenda Items Call for non-agenda items from Board. INTERGOVERNMENTAL WATER BOARD AGENDA— FEBRUARY 13, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 oft 10. Future Agenda Items ■ Update on water partnership negotiations with the City of Lake Oswego. ■ Update on the status of the Tualatin Basin Water Supply Project. ■ Review: - Proposed revisions to the credit for leak policy. - Proposed revisions to the Billing and Collection of Utility Charges section of the Tigard Municipal Code. - The billing insert policy. 11. Next Meetings: ■ March 12, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Meeting, April 8, 2008, 5:30 p.m. Tigard Public Works Building, 8777 SW Burnham Street, Tigard, Oregon ■ Special Joint Meeting with the Tigard City Council, April 8, 2008, 7:30 p.m. City of Tigard Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon ■ Special Joint Meeting with the Tigard and Lake Oswego City Councils, April 15, 2008, 7 p.m. Location to be announced 12. Adjournment Action: Motion for adjournment Executive Session The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. INTERGOVERNMENTAL WATER BOARD AGENDA- FEBRUARY 13, 2008 Cityof Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of2 hp LaserJet 3380 HP LASERJET FAX i n v e n t Feb-7-2008 2:47PM Fax Activity Log Job Date Time Type Identification Duration Pages Result 1 1/14/2008 7:40:07AM Receive 0:38 0 No Fax Detected 2 1/14/2008 7:42:33AM Receive 0:39 0 No Fax Detected 3 1/14/2008 7:43:22AM Receive 0:39 0 No Fax Detected 4 1/14/2008 7:47:35AM Receive 0:37 0 No Fax Detected 5 1/14/2008 7:48:23AM Receive 0:38 0 No Fax Detected 6 1/18/2008 12:11:46PM Receive 5036848482 0:34 1 OK 7 2/ 5/2008 7:26:51AM Receive 5036848482 0:38 1 OK 8 2/ 5/2008 6:22:28AM Receive 5036848482 0:36 1 OK 9 2/ 5/2008 7:11:54AM Receive 0:32 1 OK 10 2/ 5/2008 7:59:04AM Receive 0:36 1 OK 11 2/ 5/2008 10:17:12AM Send 15035897828 1:23 1 OK 12 2/ 5/2008 10:25:05AM Receive 5036637096 0:32 1 OK 13 2/ 5/2008 10:48:56AM Receive 0:39 0 No Fax Detected 14 2/ 5/2008 11:00:40AM Send 9716730457 0:55 4 OK 15 2/ 5/2008 11:57:51AM Receive Fax 0:42 1 OK 16 2/ 6/2008 8:15:52AM Receive 0:27 1 OK 17 2/ 6/2008 9:53:49AM Send 15039862844 0:52 7 OK 18 2/ 6/2008 11:01:17AM Receive 0:38 1 OK 19 2/ 6/2008 11:17:09AM Receive 0:33 0 Comm Error 392 20 2/ 6/2008 11:23:58AM Receive 0:32 0 Comm Error 392 21 2/ 6/2008 11:50:28AM Send 5036935604 1:06 3 OK 22 2/ 6/2008 11:59:09AM Receive 0:31 3 OK 23 2/ 6/2008 12:02:41PM Send 5036242173 1:10 1 OK 24 2/ 6/2008 1:23:27PM Receive 0:39 1 OK 25 2/ 7/2008 7:58:15AM Send 5032857496 0:15 0 Stop 26 2/ 7/2008 7:59:08AM Send 5032857496 0:00 0 No Answer 27 2/ 7/2008 8:01:OOAM Send 95032857496 0:00 0 Busy 28 2/ 7/2008 8:02:48AM Send 95032857496 0:00 0 Busy 29 2/ 7/2008 8:08:30AM Send 95032857496 0:42 0 Comm Error 388 30 2/ 7/2008 8:10:19AM Send 95032857496 0:00 0 Busy 31 2/ 7/2008 8:15:44AM Receive 0:32 1 OK 32 2/ 7/2008 8:16:21AM Send 95032857496 0:00 0 Busy 33 2/ 7/2008 8:20:49AM Send 5032857496 0:00 0 No Answer 34 2/ 7/2008 8:22:22AM Send 95032857496 0:42 0 Comm Error 388 35 2/ 7/2008 8:36:OOAM Receive 8479638745 0:31 1 OK 36 2/ 7/2008 8:59:23AM Receive 8479638745 0:37 1 OK 37 2/ 7/2008 9:37:42AM Receive 360 256 9244 0:48 2 OK 38 2/ 7/2008 11:03:13AM Send 19139678842 1:17 1 OK 39 2/ 7/2008 2:42:19PM Send 5036393771 1:47 4 OK 40 2/ 7/2008 2:45:10PM Send 5035988595 2:42 4 OK