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City Council Packet - 07/01/2021 71 4 City of Tigard Tigard Special Meeting - Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: July 1, 2021 - 5:30 p.m. MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212, this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: •Written public comment may be submitted electronically at www.tigard-or.gov/Comments. All comments must be submitted before noon the day of the meeting. SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php I/ IICity of Tigard Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL MEETING DATE AND TIME: July 1, 2021 - 5:30 p.m. MEETING LOCATION: Remote participation only. 5:30 PM 1. SPECIAL MEETING A. Call to Order B. Roll Call C. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Public Comment—Written 3. CONSIDER RESOLUTION RATIFYING AN EMERGENCY DECLARATION RELATED TO MITIGATING THE RISKS OF FIRE DANGER. 4. NON-AGENDA ITEMS 5. EXECUTIVE SESSION: The Tigard City Council 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. 6. ADJOURNMENT AIS-4682 3. Business Meeting Meeting Date: 07/01/2021 Length (in minutes): 30 Minutes Agenda Title: CONSIDER RESOLUTION RATIFYING AN EMERGENCY DECLARATION RELATED TO MITIGATING THE RISKS OF FIRE DANGER. Prepared For: Shelby Rihala, City Management Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution - Main Public Hearing: No Publication Date: Information ISSUE The City Council is being asked to consider a resolution ratifying the Mayor's emergency declaration related to extreme heat and dangers of fireworks. Additionally, the City Council is being asked to discuss potential actions, including a ban of all fireworks in Tigard, to mitigate fire risk. STAFF RECOMMENDATION / ACTION REQUEST 1. Ratify the emergency declaration. 2. Discuss actions that will effectively mitigate fire risk. 3. Provide direction as appropriate. KEY FACTS AND INFORMATION SUMMARY Recent weather patterns of extreme heat and dry conditions created by a lack of rainfall and reduced landscape watering have created unsafe conditions that are conducive to increased fire risk. Many public agencies are either urging residents to eliminate all fireworks from this year's Independence Day celebrations or have banned all fireworks. The city is receiving multiple requests from the public asking for a ban to be instituted. OTHER ALTERNATIVES Council could not approve the resolution. Council could choose to prohibit the use of fireworks to minimize the risk of fire. Council could choose to focus on messaging to encourage safe Independence Day celebrations without the use of fireworks or campfires. Council could support resident's use of legal fireworks during Independence Day celebrations. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution AgendaQuick©2005-2021 Destiny Software Inc.,All Rights Reserved CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION OF THE CITY OF TIGARD RATIFYING AN EMERGENCY DECLARATION TO TAKE STEPS DEEMED APPROPRIATE BY THE TIGARD CITY COUNCIL TO MITIGATE THE RISK OF FIRE DANGER. WHEREAS,Tigard Municipal Code (TMC) Chapter 7.74, the City's Emergency Management Code, as well as ORS 401.305, authorize the City to establish an emergency management agency, including the authority to establish policies and protocols for defining and directing responsibilities during a time of emergency;and WHEREAS,pursuant to TMC 7.74.040,a local emergency exists whenever the City or an area impacting part of the City is suffering, or in imminent danger of suffering, an incident that may cause injury or death to persons, including a disease or fire risk;and WHEREAS,TMC 7.74 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency;and WHEREAS, the City has been experiencing extreme heat for several days, including multiple days with temperatures above 105 degrees Fahrenheit;and WHEREAS, residents have been asked to reduce water usage during the recent regional chlorine shortage, adding to the dry conditions in landscaping; and WHEREAS,Mayor Jason Snider declared a local emergency at 2:38 p.m. on June 30,2021 and City Council will now consider ratifying that declaration,pursuant to TMC 7.74.070;and WHEREAS,TMC 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council declares the risk of fire danger constitutes a state of emergency. SECTION 2: The local emergency is declared to exist within the territorial limits of the City of Tigard. SECTION 3: There is a significant likelihood for fire damage and personal injury given the dangerous conditions created by extreme heat and lack of precipitation. The City of Tigard may take steps deemed appropriate by the Tigard City Council to mitigate the risk of fire danger. SECTION 4: A local emergency is declared to authorize City officials to take steps deemed appropriate by the Tigard City Council to mitigate the risk of fire danger.Use of fireworks that are illegal under state law continues to be prohibited at all times. SECTION 5: This declaration of emergency will remain in effect until 12:00 p.m. on July 9,2021. RESOLUTION NO. 21- Page 1 SECTION 6: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor-City of Tigard A'11EST: City Recorder-City of Tigard RESOLUTION NO. 21- Page 2 COMMUNITY INPUT ON FIREWORKS BAN SUPPLEMENTAL FOR Data from June _ July 1. 2021 CI99 mit/ f( d ei,,:a / sic- nf i ,k,' 1 ln ,i -.) 11 "." MEETING PACKET ITEM # 3 / • ,, DO PEOPLE SUPPORT A BAN Ali152 ON FIREWORKS ? communications Against 5.9% 11111" received COMMUNICATION TYPE 410 67 Social Media 49 Email 27 Webform 9 Phone In-Favor 94.1% THEMES IN FAVOR THEMES AGAINST High fire risk Overreacting iiimi People coming to Reactionary measure NW Tigard to light fireworks Late to implement 0 Air cuality effects 0 Freedom to celebrate SUPPLEMENTAL FOR M ETI ?aaf G PACKET OF o ITEM # zf4; � ** .* 1859 To: Washington County Commissioners CC: Washington County Mayors From: State Legislators of Washington County Date: June 30,2021 Subject: Washington County Fireworks Ban Request Dear Chair Harrington, Commissioner Treece, Commissioner Fai, Commissioner Rogers, and Commissioner Willey, As Washington county legislators, we are extremely concerned about the potential for fire in the coming weeks with extraordinarily hot, dry conditions and the severe impacts that a fire at this time could have on our communities. We have spent an entire legislative session trying to address the devastation of last year's fire season and we are committed to standing with you to do whatever we can to prevent further harm this season. Record-setting temperatures with extremely low humidity and high winds on their own are cause for concern, but the risk in light of the upcoming holiday, where fireworks are a central activity, is unacceptable. With our firefighters already strained under the weight of their critical responsibilities responding to fires at this point in time, and the extreme fire risk that is present currently, we are asking for you to stand together and take a strong position of leadership in calling for a ban on individual use of all fireworks in Washington County at this time. Tualatin Valley Fire and Rescue has already stated their position, asking people to not use fireworks and we hope you will support them with a county-wide ban on individual use as well as the sale of fireworks if feasible, effective immediately. We encourage our community to enjoy the lifted COVID restrictions together at the professional outdoor fireworks shows with appropriate fire prevention safety protocols in place, to celebrate July 4th, helping minimize the risk for fires.A ban on use may be difficult to enforce and yet it highlights for our community the safety risk and increases personal liability for any firework-related damage and has increased legal penalties that will help deter use. The impact on businesses who are selling fireworks is top of mind and yet we know, without hesitation, that the cost of inaction is much higher. We cannot afford to take any risks for additional harm and trauma for our state than it has already experienced in the last 18 months. We have confirmed with the Governor's team that banning the use of fireworks is a county authority and that they informed all Oregon counties on 6/28 that it was a local control issue to take action should they choose to. Please follow the lead of Portland Fire and Rescue and the Tualatin City Council to do all we can to protect our community. We commit to supporting your decision to ban the use, and preferably the sale as well, of fireworks in the public as well as private spheres of influence we have. We stand firmly with you and hope together we can keep our community safe. We ask you to consider taking action today. Sincerely, (-1144)11A71 -- 6)11 C a‘Lict' Representative Susan McLain Representative Maxine Dexter House District 29 House District 33 Senator Elizabeth Steiner Hayward 0 Senate District 17 Representative Rachel Prusak House District 37 Al---- )11(2117/ ./( Representative Dacia Graber House District 35 Representative Wlnsvey Campos House District 28 1di Representative Ron Noble House District 24 444 Representative Courtney Neron Representative Suzanne Weber House District 26 House District 32 Representative Sheri Schouten House District 27 9f4hgat t/OSILVAPIP% Senator Ginny Berdick Senate District 18 Representative Janeen Sollman House District 30 0144,001/40:14)/ Senator Chuck Riley Senate District 15 Senator Kate Lieber Senate District 14 SUPPLEMENTAL FOR STING PACKET AN _ ITEM # WASHINGTON COUNTY J�--� OREGON July 1, 2021 To our esteemed colleagues representing Washington County at the State Legislature: Thank you for your letter regarding the use of fireworks in Washington County. We are united with you in concerns that severe hot weather and drought conditions have created a serious risk of fire that we must address together.After consultation with our fire service and law enforcement partners, including Tualatin Valley Fire & Rescue, Washington County Sheriff's Office and Washington County Consolidated Communications Agency—and careful consideration—our Board issued a strong statement earlier today urging the public to refrain from the use of any fireworks, even those which are considered legal in the state of Oregon. We invite you to review this message and share, as we are, with constituents, community partners, allied agencies and on various social media platforms, over the next several days leading up to the Fourth of July weekend. Early on in our consideration of a ban on fireworks, we recognized (as you did in your letter), that an outright ban would be very difficult to enforce, especially given the available resources of our first responders during one of their busiest times of the year. We determined that time and resources would be better spent in a coordinated public information campaign that explains the extreme fire risk and the urgency of voluntary restriction of July 4th fireworks. We believe that by joining forces, we can all work together to raise community awareness of the serious safety risk we face and influence positive behavior that mitigates this risk. Board of County Commissioners 155 North First Avenue, Suite 300, MS 22, Hillsboro, OR 97124-3072 phone: (503) 846-8681•fax: (503) 846-4545 WASHINGTON COUNTY OREGON As we have all experienced over the last year and a half of the COVID-19 pandemic, all levels of government face extraordinary challenges when it comes to facilitating changes in human behavior. We know from our work together that even emergency policies do not automatically result in people complying with mask wearing, physical distancing or vaccinations. Getting the kind of change we are all in agreement about takes time, coordination among multiple partners and consistent messaging. We greatly appreciate your dedication and service to the community that we all serve and urge you to raise your voices, along with ours, to communicate an urgent message of caution and restraint to prevent a catastrophic outcome. In partnership, Kathryn Harrington, Chair Nafisa Fai, Commissioner Washington County Board of Commissioners Washington County Board of Commissioners Pamela Treece, Commissioner Jerry Willey, Commissioner Washington County Board of Commissioners Washington County Board of Commissioners / ` Roy Rogers, Commissioner Washington County Board of Commissioners Board of County Commissioners 155 North First Avenue,Suite 300,MS 22, Hillsboro,OR 97124-3072 phone: (503) 846-8681•fax: (503)846-4545