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City Council Packet - 04/26/2022 4 City of Tigard'PI it Tigard Business Meeting —Agenda TIGARD TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: APRIL 26,2022- 6:30 p.m. Business Meeting 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. •If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: https://www.tigard-or.gov/boxcast CABLE VIEWERS:The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard Tigard Business Meeting—Agenda TIGARD: TIGARD CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: APRIL 26,2022- 6:30 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS AND RECOGNITION A. PROCLAIM MAY 1 - 7,2022 AS SMALL BUSINESS WEEK B. AWARD 2022 IF I WERE MAYOR STUDENT CONTEST PRIZE 3. PUBLIC COMMENT A. Follow-up to Previous Public Comment B. Public Comment—Written C. Public Comment—Phone-In 4. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board)The Consent Agenda is used for routine items including approval of meeting minutes, contracts or intergovernmental agreements.Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action.Motion to: A. MEMORANDUM OF UNDERSTANDING FOR JOINT OPERATION AND USE OF SPORTS AND ATHLETIC FIELDS B. LOCAL CONTRACT REVIEW BOARD: PIPELINE RENEWAL AND REPLACEMENT ENGINEERING SERVICES CONTRACT • Consent Agenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 5. PUBLIC SAFETY ADVISORY BOARD (PSAB) QUARTERLY UPDATE 6:50 p.m. estimated time 6. AMERICAN RESCUE PLAN ACT(ARPA) RESOLUTION 7:15 p.m. estimated time 7. UPDATE ON TIGARD CITY COUNCIL GOALS 7:35 p.m. estimated time 8. FIREWORKS DISCUSSION 8:20 p.m. estimated time 9. NON-AGENDA ITEMS 10. ADMINISTRATIVE REPORT 11. 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. 12. ADJOURNMENT 8:50 p.m. estimated time AIS-4933 2.A. Business Meeting Meeting Date: 04/26/2022 Length (in minutes): Consent Item Agenda Title: PROCLAIM MAY 1 -7,2022 AS SMALL BUSINESS WEEK Authored By: Joanne Bengtson Presented By: Lloyd Purdy or Emily Tritsch Item Type: Proclamation Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE For more than 50 years,the U.S. Small Business Administration (SBA)has celebrated National Small Business Week, which recognizes the critical contributions of America's entrepreneurs and small business owners. The SBA and League of Oregon Cities are asking cities to consider joining in celebrating this year's event,which is set for May 1-7. There are 32 million American small businesses and almost 397,000 in Oregon. ACTION REQUESTED Teammates would like Mayor Snider and City Council to issue this proclamation in support of Tigard's small business community. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The City Council issued this proclamation in 2017,and since that time,our economic development division has increased the number of ways they support and connect the city's small business community with agencies who can mentor and augment their success. Tigard is home to more than 3,400 businesses from a variety of industries,employing around 45,000 workers from around the region. The city's ongoing support for local businesses is flourishing through partnerships with programs that help entrepreneurs,micro-enterprises, and small businesses with technical assistance,training programs,workforce development programs,and financial aid.This work is supported through our Strategic Plan and Strategic Priority#3 to Ensure Development and Growth Support the Vision To be an equitable community that is walkable,healthy and accessible for everyone.) and Tigard's community promise: 1. EQUITY:WE will ensure just and fair inclusion where all can participate,prosper, and reach their full potential. 2. ENVIRONMENT:WE will embrace sustainability to improve our natural resources and the livability of our community. 3. ECONOMY:WE will be responsible stewards of the community's financial resources entrusted to us. 4. ENGAGEMENT:WE will involve all voices in our community while building trusting relationships. 5. EXCELLENCE:WE will set high standards and strive to exceed community expectations. ALTERNATIVES&RECOMMENDATION City teammates recommend supporting the Proclamation as written,but City Council could also choose not to issue to the proclamation. ADDITIONAL RESOURCES N jA Attachments Small Business Week • 1 !t I ensard SMALL BUSINESS WEEK May 1-7, 2022 Whereas,America's strongest economic growth in almost 40 years has been driven by the resilience of our small businesses who,despite a global pandemic,continue to pioneer innovative solutions to meet our country's greatest challenges and create opportunities for s families and workers;and t_ Whereas,from the storefront shops that anchor Main Street to the high-tech startups and small manufacturers driving our competitiveness on the global stage,small businesses are • the backbone of our economy and a cornerstone of our nation's promise;and Whereas,when we support small business,jobs are created and local communities preserve their unique culture;and Whereas,America's 32.5 million small business entrepreneurs create nearly two out of three jobs in our economy,and spur economic growth across the nation;and Whereas,since 1963 every U.S.President has proclaimed National Small Business Week to highlight the programs and services available to entrepreneurs through the U.S.Small Business Administration and other government agencies;and I' Whereas,the Tigard community supports more than 3,500 local businesses and joins in this national effort to help America's small businesses do what they do best—grow their business,create jobs,and ensure that our local community remains vibrant;and Whereas,the City of Tigard supports local businesses through a range of programs that help entrepreneurs,microenterprises,and small businesses through technical assistance, training programs,workforce development programs,and financial aid;and Whereas,the city recognizes that small business is the backbone of our economic engine and works with an ecosystem of business support partners including the Tigard Area Chamber of Commerce, Micro Enterprise Services of Oregon(MESO),Professional Development Business Group(PBDG),Adelante Mujeres, Immigrant Refugee Community Organization(IRCO),the Small Business Development Center(SBDC),SCORE, Xxcelerate,Livelihood NW, MercyCorps NW,and Craft3 to ensure Tigard's small business community has equitable access to resources to help entrepreneurs grow their businesses in Tigard. NOW THEREFORE BE IT RESOLVED that the City of Tigard City Council does hereby proclaim May 1 —7,2022 as Small Business Week and encourage residents to shop and celebrate the small businesses that flourish in our city. Dated this day of ,2022. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Tigard to be affixed. Jason B.Snider,Mayor City of Tigard Attest: Carol A.Krager,City Recorder AIS-4924 2. B. Business Meeting Meeting Date: 04/26/2022 Length (in minutes): 10 Minutes Agenda Title: AWARD 2022 IF I WERE MAYOR STUDENT CONTEST PRIZE Authored By: Joanne Bengtson Presented By: City Manager Steve Rymer Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Mayor Snider participated in this year's "If I Were Mayor" student contest with the Oregon Mayors Association and this item recognizes the student's achievement and presents them with their prize. ACTION REQUESTED Teammates would like Mayor Snider to award a$50 prize to 4th grade Poster Winner Katharine Beckley.No other categories received a student submission. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations Tigard has participated in this student contest since it was created. This year,the Mayor received applications for the elementary school contest.The local winner in this category receives a$50 Visa prize. In the statewide contest, first place winners in each of the three categories will win $500. These students will receive their prizes at the award luncheon held during the OMA Summer Conference in Newport at the Best Western,August 11-14,2022.Winners will be contacted in June for travel arrangements. Second and third place winners win$300 and $100 respectively and will receive their prizes at local city presentations. The prizes are made possible with generous donations from Oregon Mayors Association sponsors. Public Involvement Mayor Snider promoted our local contest to public and private schools,media contacts,on the city's website and social media platforms and his Fireside Listening sessions.There are three categories: Elementary School(grade 4-5) - Poster Contest , Middle School(grade 6-8) - Essay Contest , High School (grades 9-12) - Digital Media Presentations (Videos only) and Mayor Snider choose our local winners from student applications received by March 17.These student's artwork will represent Tigard in the statewide contest. Impacts (Community,Budget, Policies and Plans/Strategic Connection) The fiscal impact is $50 for each local winner's prize. ALTERNATIVES& RECOMMENDATION Mayor Snider could choose not to award a prize to the contest winner. City Management recommends recognizing and awarding a $50 Visa Gift Card to our local contest winner. ADDITIONAL RESOURCES Fiscal Impact Cost: $55 Budgeted (yes or no): yes Where Budgeted (department/program): 100-0500 Additional Fiscal Notes: Although each prize is valued at$50,part of the purchase price includes a$5 processing fee. • Attachments If I Were Mayor Poster Winner .... . *11/4 \ki.%.%?(),,es: ' 0 th 414 t1w�Jt li � fid r 14* Di., • w M.L = to vtio Gill. i t ` �Saito �- . ' ��7 'Far + y ye g4494 Ply o A. sUal 41y4, s14444-1 �.. � 8 _ °�= c . ." .YQ3 ..rad p Yt.{'. ,�ye 4 ; k 4oke i � : � 4 P t € - AIS-4921 4.A. Business Meeting Meeting Date: 04/26/2022 Length(in minutes): Consent Item Agenda Title: MEMORANDUM OF UNDERSTANDING FOR JOINT OPERATION AND USE OF SPORTS AND ATHLETIC FIELDS Authored By: Rick Gruen Presented By: Parks Infrastructure Manager Rick Gruen Item Type: Motion Requested Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE In 2020, staff from Tigard-Tualatin School District, City of Tualatin,and City of Tigard,recognizing that they shared a common mission and were serving similar youth-based user groups on their sports and athletic fields,began meeting regularly to discuss potential improvements to the use these fields and how they were being managed by each agency. This led to developing a set of recommendations. On January 31,2022, the elected representatives from each agency met in a joint work session to consider the proposed recommendations and to provide direction for staff from their respective organizations. Staff was directed to develop an Intergovernmental Agreement(IGA) for future consideration by each Agency.The future IGA will define a new model for partnership and cooperation between the three agencies. It was further directed as the first step that an MOU between the Tigard-Tualatin School District,the City of Tualatin, and the City of Tigard be adopted to document the intent of each agency to work in good faith to develop an amenable, long-term strategy via the IGA for the increased public use and stewardship of sports and athletic fields within the respective service areas of the three agencies. ACTION REQUESTED Staff recommendations adoption of this joint operations and use of sports and athletic fields MOU between the Tigard- Tualatin School District,the City of Tualatin,and the City of Tigard. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations January 31,2022 Public Involvement Joint meeting between the Tigard-Tualatin School District Board,Tualatin City Council,and Tigard City Council; outreach to our mutual youth sports field users Impacts (Community, Budget,Policies and Plans/Strategic Connection) No immediate impacts upon approval of the MOU. Impacts will be determined with the development of the IGA. ALTERNATIVES & RECOMMENDATION Council could decline to adopt this MOU or could amend the content. Staff recommendations adoption of this joint operations and use of sports and athletic fields MOU. ADDITIONAL RESOURCES N/A Attachments MOU_Joint Ops and Field Use MEMORANDUM OF UNDERSTANDING Between Tigard-Tualatin School District,City of Tualatin and City of Tigard For the joint operations and use of sports and athletic fields In 2020, Tigard-Tualatin School District, City of Tualatin and City of Tigard began a series of meetings to discuss potential improvements to the use of sports fields managed by each agency. A set of recommendations were developed as an end product of these meetings. In January of 2022,the Elected Representatives from each agency held a work session to consider the proposed recommendations and to provide direction for staff of each organization. Direction was provided to staff to develop an Intergovernmental Agreement(IGA)for consideration by each Board or Council.This future IGA will define a new model of partnership and cooperation between the three organizations. As a first step,this Memorandum of Understanding("MOU"),between the Tigard-Tualatin School District,City of Tualatin,and City of Tigard documents the intent of each partner to work in good faith to develop an amenable, long-term strategy for the increased public use and stewardship of sports and athletic fields within their service areas and are referred to herein as "the Parties." The Parties have a strong shared commitment to the community they serve. Based on this commitment, the Parties resolve to develop an IGA that is focused the following shared goals: 1. To increase opportunities for physical, mental, and emotional wellness 2. To ensure equity and access for all 3. To efficiently use and steward publicly owned spaces 4. To reduce barriers for participation in activities These shared goals shall be achieved through the following areas of work to be defined within the IGA: 1. Dedicate staff resources to attend meetings, perform outreach, and develop recommendations for adoption by the Parties. 2. Develop shared reservation practices and policies that: a. Include a shared fee schedule b. Define priority user groups c. Provide an equity/needs based allocation model 3. Define how and when a shared common field and facility scheduler would be created,for the purposes of field scheduling between Parties. 4. Identify school sites for future shared investment in high-quality fields. 5. Identify funding opportunities that will support a future partnership. Upon approval of this MOU,staff from each of the Parties will work cooperatively to develop an IGA,to incorporate the work areas and shared goals defined in this MOU.The IGA will be brought before each organization's Board or Council for consideration for adoption. This MOU expires at midnight on ,OR at such time that any Party,in their sole discretion, deem the proposed concepts to be unachievable;or,determine that sufficient progress toward achieving the goals is not being met for any reason.The Parties may agree in writing to amend or renew this MOU to extend its duration.The Parties, by and through their undersigned representatives, understand,acknowledge and agree that this MOU creates an agreement to continue to negotiate in good faith; PROVIDED THAT the Parties also understand,acknowledge and agree that this MOU creates no other legal right,obligation or cause of action in the Parties. Nothing in this Memorandum shall create any legal right,obligation or cause of action in any person or entity not a party to it. IN WITNESS WHEREOF,the Parties have executed this Memorandum of Understanding.The parties attest that the signatories to this MOU have the authority to enter into this agreement on behalf of their respective agencies. City of Tigard Tualatin-Tigard School District Signature: Signature: t: ` ' i�}� {. f 1.•/. ,. Print Name: Print Name: Dr.Sue Rieke-Smith Title: Title: Superintendent Date: Date: 02/28/2022 City of Tualatin Signature: ert4 14411... Print Name: 5WtotAiv... LC)A405 Title: G 1\f"\,�,�'1N\ lth Date: 5/'Zg7-1 AIS-4929 4. B. Business Meeting Meeting Date: 04/26/2022 Length(in minutes): Consent Item Agenda Title: LOCAL CONTRACT REVIEW BOARD:PIPELINE RENEWAL AND REPLACEMENT ENGINEERING SERVICES CONTRACT Authored By: Toni Riccardi Presented By: Senior Project Engineer Ross Horton Item Type: Motion Requested Local Contract Review Board Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE Pipeline Renewal and Replacement Engineering Services Contract ACTION REQUESTED It is recommended that the Local Contract Review Board award the contract to Kennedy Jenks Consultants,Inc. for the Pipeline Renewal and Replacement Program Engineering Services in the amount of$907,242.00 and direct the City Manager to take the steps necessary to execute the contract. BACKGROUND INFORMATION As recommended in the 2020 Water System Master Plan and identified in the Capital Improvement Plan,the City is implementing a Pipeline Renewal and Replacement Program (PRRP),the purpose of which is to proactively identify and replace aging water pipe.The City of Tigard's water distribution system consists of approximately 260 miles of pipe, some of which is approaching 70 years old.The goal of the PRRP is to prevent failures in this aging pipe,which lead to expensive repairs,property damage,disruptions in service,water loss,and introduce the potential for water quality emergencies.The City intends to replace one mile of pipe in FY 2024,with the project scope growing to replace three miles of pipe per year by FY 2028. On January 24,2022,the City issued a Qualification-Based RFP seeking services of consulting firms with demonstrated success in project management,concept planning and engineering,preliminary and final design,and construction engineering and field services for public infrastructure.On February 22,2022,three(3)proposals were received.A selection committee reviewed and scored the proposals and after careful consideration,staff recommends that the City award the contract to Kennedy Jenks Consultants,Inc.The main objectives to be completed under this contract for PRRP Engineering Services are as follows: •Perform a comprehensive evaluation of the City's existing water distribution system. •Input the resulting data into a predictive model to identify which water pipes are most at risk for failure and identify pipes whose failure would have the greatest consequences for the community. •Use the results from this model to prioritize what pipe segments require replacement and provide a roadmap of pipe replacement projects for the next 15 years. •Prepare an engineering design package to replace one (1)mile of water pipe that is of the highest risk and consequence of failure,with construction activities to commence in FY 2024. •Provide construction administration services for FY 2024 construction activities. •Update and maintain the predictive model based on findings from pipe replacement projects and current water distribution system conditions. The PRRP addresses the council community promises of"Excellence"and "Economy"by first ensuring the continued supply of clean drinking water to the community members without unnecessary,unplanned,or prolonged interruption, as well as reducing the amount of costly unplanned and emergency repairs due to failed water pipe. Dates of Previous and Potential Future Considerations None Impacts (Community, Budget, Policies and Plans/Strategic Connection) Project budgeted through CIP 96058.This program will result in a net decrease in operation and maintenance costs over time as older,leak-prone waterlines are replaced. ALTERNATIVES& RECOMMENDATION The Local Contract Review Board may choose to not enter into this contract and provide other direction.This would extend the project timeframe and delay the project. ADDITIONAL RESOURCES N/A Fiscal Impact Cost: $907,242.00 Budgeted (yes or no): Yes Where Budgeted (department/program): 530 Water Fund Additional Fiscal Notes: The cost of the proposed contract would be spread across FY 2022 through FY 2024. Attachments No file(s)attached. AIS-4927 5. Business Meeting Meeting Date: 04/26/2022 Length (in minutes): 25 Minutes Agenda Title: PUBLIC SAFETY ADVISORY BOARD (PSAB) QUARTERLY UPDATE Authored By: Kathy Nyland Presented By: Assistant City Manager Kathy Nyland Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The Public Safety Advisory Board (PSAB) reports to Council on a quarterly basis.The last update was given on December 7,2021.This update will cover PSAB's work that took place from December 2021 through March 2022. ACTION REQUESTED This is PSAB's quarterly update to Council.It is informational in nature and PSAB seeks feedback and guidance as they continue progressing toward their June 2022 deadline. BACKGROUND INFORMATION Dates of Previous and Potential Future Considerations The Public Safety Advisory Board was convened in December 2020.The charge for the PSAB is to address public safety,including but not limited to police reform:The need is unique compared to other existing boards and commissions in relation to the topic,the membership and the agenda development. The PSAB's adopted work plan and timeline was co-designed by the group. Based on the established timeline,we anticipate that the PSAB will complete their work and meet their charge by the end of June 2022. As mentioned,we have scheduled quarterly updates to come before Council.The last update was given on December 7,2021.This update will cover issues discussed from December 13,2021 through March 28,2022.The primary unit covered during this timeframe was "Discipline and Complaints".Below is a list of some agenda topics that were discussed. Meeting#24-Dec. 13,2021 •Laser shot training debrief •Professional Standards Sergeant Meeting#25-Jan.10,2022 •Professional Standards Sergeant •Complaints and discipline overview Meeting#26-Jan.24,2022 •Use of force •Collective bargaining Meeting#27-Feb. 14,2022 •Professional Standards Sergeant •Ombudsmen discussion Meeting#28-Feb. 28,2022 •Professional Standards Sergeant and Community-Centered City-Wide Role recommendations •School Resource Officers Meeting#29-March 14,2022 •Mental Health Response Team •School Resource Officers discussion Meeting#30-March 28,2022 •Traffic Stop Police Process •Judicial Process overview Highlighted accomplishments include:laser shot training and the recommendations for a Professional Standards Sergeant and a Community Navigator,formerly referred to as an Ombudsman. In the remaining meetings,PSAB will likely continue learning more about the judicial process and have an opportunity to bring forth additional recommendations. Public Involvement The community has been a valued partner with PSAB,from the creation of the PSAB to helping nominate the members who represent the community. PSAB meets every other Monday,from 5:00 pm to 7:00 pm and those meetings are promoted through the city's communication channels.Lastly,the group does take public comment. Impacts (Community, Budget,Policies and Plans/Strategic Connection) The PSAB provides a valuable voice and perspective that does inform and influence the city.The group provides quarterly updates to City Council.The group develops and makes recommendations such as the Professional Standards Sergeant and the Community Navigator position.Though the PSAB will sunset in June 2022,we are exploring ways to continue these conversations and connections. ALTERNATIVES&RECOMMENDATION Option 1:Provide feedback and guidance to the PSAB for continued progress toward their June 2022 deadline. Option 2: Request additional information on accomplishments and schedule another discussion to follow-up. Option 3:: Recommend work on a specific issue or topic that has not yet been discussed. ADDITIONAL RESOURCES The work of PSAB aligns with the following goals,policies and priorities: MIssion: Tigard:An equitable community that is walkable,healthy, and accessible for everyone. Strategic Plan, Goal 1,Objective 1.1,Action C-Promote a values-driven organizational culture that reinforces inclusion and ethical behavior,exercises transparency and maintains the public trust. Goal 1,Objective 1.4,Action A-Intentionally create an environment that fosters participation from all members of our community Goal 1,Objective 1.4,Action C-Build authentic relationships and partnerships through city initiatives. Community Promise Equity:WE will ensure just and fair inclusion where all can participate,prosper,and reach their full potential Engagement:WE will involve all voices in our community while building trusting relationships Attachments No file(s)attached. SUPPLEMENTAL PACKET 4/25/2022 FOR Arr- 0. c2O- (DATE OF MEETING) Public Safety Advisory Board Quarterly Update City Council April 26, 2022 443 Tigard 1 Public Safety Advisory Board Agenda • Introductions • December 2021- March 2022 • Accomplishments • Discussion e, Tigard 2 1 4/25/2022 Public Safety Advisory Board Introductions • Patty Lofgren, Community Representative, Chair • Jeff Mott, Community Representative, Vice-Chair • Unit: Complaints and Discipline Mission Statement: Improve the lived experience of all people in Tigard so that everyone enjoys the same safety and privilege through a comprehensive review of the practices and procedures in the City police department, municipal court, and social justice initiatives. Tigard 3 Public Safety Advisory Board December 2021: Laser shot training debrief Professional Standards Sergeant January 2022: Professional Standards Sergeant Complaints and discipline overview Use of force Collective bargaining Tigard 4 2 4/25/2022 Public Safety Advisory Board February 2022: Professional Standards Sergeant Ombudsmen discussion School Resource Officers March 2022: Mental Health Response Team School Resource Officers discussion Traffic Stop Police Process Judicial Process overview Tig'ar`d 5 Public Safety Advisory Board Accomplishments Laser Shot Training Professional Standards Sergeant Recommendation Ombudsman/Community Navigator Recommendation Members continue bringing diverse perspectives and build consensus PSAB has met more than 30 times! or Tiga°rd 6 3 4/25/2022 0 40:0000101:wootolsossomo., ,_ ,_ _ ,. __ _ ..... ,, , , _. . . , . . , Th • .N it til 43,4,i It Flu a Discussion, Questions and Answer* ! -_ ... - el Tigard I i _, _r_ .. , • L . . • _.,... • 7 4 AIS-4919 6. Business Meeting Meeting Date: 04/26/2022 Length (in minutes): 20 Minutes Agenda Title: AMERICAN RESCUE PLAN ACT (ARPA) RESOLUTION Authored By: Nicole Hendrix Presented By: Nicole Hendrix,Senior Management Analyst Item Type: Resolution Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The American Rescue Plan Act's (ARPA) State and Local Fiscal Recovery Fund provides flexible funds to governments to meet local needs for recovery from the pandemic,of which Tigard will receive$7,499,726. Under the Treasury's Final Rule (FR),which became effective April 1,2022,the"Revenue Replacement"category allows each agency to stipulate $10 million in revenue loss and claim up to that amount based on the funds they received. In practice,agencies are allowed to claim this revenue loss to streamline reporting of the use of the funds to Treasury. Claiming the one-time replenishment of lost revenues in the General Fund will allow the City Council greater flexibility in how to invest funds—including such uses as pandemic assistance to the community,infrastructure investment,or for other uses as identified by the City Council at its sole discretion. ACTION REQUESTED Discuss and consider a resolution approving the use of ARPA funds to be reported in the Revenue Replacement category. BACKGROUND INFORMATION Background The US Treasury Depatunent(Treasury)is responsible for administering the provisions of the State and Local Fiscal Recovery Funds (SLFRF).They issued an Interim Final Rule (IFR) on the use and reporting of SLFRF funds in May 2021,and issued their Final Ruling(FR) on January 6,2022,the latter of which became effective April 1,2022. One of the key changes that occurred in the FR is that Treasury stipulated to a minimum revenue loss allowance for each agency of$10 million. Under this category known as the"Revenue Replacement",each agency can stipulate to this $10 million revenue loss amount and claim up to that amount based on the funds they received.In practice, agencies that received less than$10 million,like Tigard,are allowed to claim this revenue loss to streamline reporting of the use of the funds to Treasury. By claiming the use of ARPA funds for Treasury reporting purposes under this category,the City may demonstrate use of those funds through the provision of"general government services",which the FR defines as any service normally provided by the local government.As such,the City would be able to report all of its ARPA funds under this category based on the expenditures incurred in the City's General Fund. Impacts (Community,Budget,Policies and Plans/Strategic Connection) The benefits of claiming ARPA funds in the Revenue Replacement category are that the reporting of the use of those funds to Treasury is simplified and would only require limited reporting to Treasury. Other expenditure categories come with significant reporting requirements such as how and to whom the funds were distributed, detailed information about the capital projects where the funds were expended, and the use of "evidence-based"research to demonstrate the before-and-after effects of the use of those funds.The Single Audit reporting requirements also become significantly more burdensome in other expenditure categories which would require many hours of Finance and operating department time to track,report,and comply with the audit requirements. Adoption of the attached resolution will allow the City Manager or designee to take all actions necessary to comply with the Treasury's rules and regulations. Past ARPA investment decisions that have been made by City Council are unaffected by this resolution and continue to be implemented. Public Involvement Our community engagement process has been ongoing and is unaffected by this proposed resolution.Tigard will continue to identify opportunities for the investment of these funds to assist the community in recovering from the pandemic faced since 2020. Dates of Previous and Potential Future Considerations This is the first time this Resolution is being considered by City Council. ALTERNATIVES& RECOMMENDATION Alternatives Council may defer action until they determine how to use and report on the ARPA funds received and determine the incremental costs associated with administration and financial reporting of the use of those funds. Recommendation The Tigard team recommends City Council adopt a resolution approving the use of ARPA funds to be reported in the Revenue Replacement category. Under the Treasury's Final Rule, the"Revenue Replacement"category allows Tigard to claim the full$7,499,726 as revenue replacement. ADDITIONAL RESOURCES Attachments Resolution-ARPA Revenue Replacement Presentation-ARPA Revenue Replacement CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 22- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD APPROVING THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR FISCAL YEAR 2022. WHEREAS, on March 11, 2021, President Biden signed into law HR 1319, the American Rescue Plan Act of 2021 ("ARPA"),which provides financial assistance to individuals, businesses, and state and local government agencies to assist in the economic recovery from the COVID-19 pandemic; and WHEREAS, ARPA includes a provision entitled "Coronavirus State and Local Fiscal Recovery Funds" ("SLFRF') that includes $350 billion in funding for state and local governments of which $65 billion is dedicated to local government agencies; and WHEREAS,the provisions in SLFRF provide flexibility for each government to meet local needs in four areas: 1) supporting public health response to and economic impacts from the pandemic;2) provide premium pay for essential workers; 3) replace lost public sector revenues; and 4) invest in water, wastewater and broadband infrastructure;and WHEREAS, the City of Tigard is classified as a metropolitan agency within the provisions of SLFRF and will receive $7,499,726 in federal relief funds divided in two equal payments of $3,749,863 the first payment of which was received in June 2021 and the second payment will be received in June 2022;and WHEREAS, the US Treasury Department ("Treasury") is responsible for administration and distribution of SLFRF funds and issued its Interim Final Rule ("IFR") on May 10, 2021, its Final Rule ("FR") on January 6, 2022,and its Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds ("CRG") version 3.0 on February 28, 2022,that establishes the provisions and reporting requirements for the use of the SLFRF funds;and WHEREAS, the FR specifies that every local agency is eligible to claim a minimum allowance of Ten Million Dollars ($10,000,000) for revenue replacement resulting from revenue losses incurred during the pandemic, without regard to actual revenue losses so incurred,that reduces the reporting and compliance requirements on the local agency;and WHEREAS, it is in the City's best interest to stipulate to the standard allowance of revenue loss in that the standard allowance exceeds the City's federal relief funds received under the SLFRF. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City will report the use of ARPA SLFRF funds to the US Treasury Department in the "Revenue Replacement—6.1 Provision of Government Services"expenditure category based upon the cost of general government expenditures incurred in the City's General Fund from the period on or after March 1, 2021 through December 31, 2024 until all such funds are exhausted. SECTION 2: The City Manager or designee is authorized to take all actions necessary to comply with the IFR,FR and the CRG. RESOLUTION NO. 22- Page 1 SECTION 3: Revenues of $7,499,726 for FY 2022 will be recognized in the General Fund as funds are received. General Fund activities in the amount of $7,499,726 in FY 2022 will be substantiated by the total of expenditures for the provisions of general government services by the General Fund in each fiscal year thereof. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2022. Mayor-City of Tigard A Fl EST: City Recorder- City of Tigard RESOLUTION NO. 22- Page 2 City of Tigard American Rescue Plan Act Revenue Replacement Resolution April 26, 2022 City Council ,,, Abb, 41,.,0 4, NI 4- - ea Tidard Council Action Request ➢ Discuss and consider a resolution approving the use of ARPA funds to be reported to the U.S. Treasury as "Revenue Replacement". CITY OF Tigard Revenue Replacement Final Rule • The US Treasury Department issued their Final Ruling on January 6, 2022, which became effective April 1 , 2022. • The "Revenue Replacement" category allows each agency to stipulate $10 million in revenue loss and claim up to that amount based on the funds they received. Budget • Revenues of $7,499,726 for FY 2022 will be recognized in the General Fund as funds are received. General Fund activities in the amount of $7,499,726 in FY 2022 will be substantiated by the total of expenditures for the provisions of general government services by the General Fund in each fiscal year thereof. e • CITY OF Tigard Impacts • Reporting funds to Treasury is simplified. • The Single Audit requirements also become significantly less burdensome, saving many hours of Finance and operating department teams time track, report, and comply with the audit requirements. • Greater flexibility with how to invest funds. re ARPA investment decisions made by Council to date are unaffected and continue to be implemented. • Community engagement is unaffected and will continue. ' Tigard Recommendation Recommendation The Tigard team recommends City Council consider a resolution approving the use of ARPA funds to be reported in the Revenue Replacement category. Under the Treasury's Final Rule, the "Revenue Replacement" category allows Tigard to claim the full $7,499,726 in revenue replacement. Alternative Council may defer action until they determine how to use and report on the ARPA funds received and determine the incremental costs associated with administration and financial reporting of the use of those funds. Tigard Council Action ➢ Consider a resolution approving the use of ARPA funds to be reported to the U.S. Treasury as "Revenue Replacement". Ti and g AIS-4920 7. Business Meeting Meeting Date: 04/26/2022 Length(in minutes): 45 Minutes Agenda Title: UPDATE ON TIGARD CITY COUNCIL GOALS Authored By: Nicole Hendrix Presented By: City Manager Steve Rymer,Library Director Halsted Bernard,Police Chief Kathy McAlpine, HR Director Dana Bennett,Sr.Management Analyst Nicole Hendrix,Asst. City Manager Emily Tritsch,Public Works Director Brian Rager Item Type: Update,Discussion,Direct Staff Public Hearing No Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE The City Council and Leadership Team identified City Council goals and strategies for 2021-2023 which built on the work and success of previous years,while also addressing new challenges and emerging community needs. City teammates will provide the City Council with the third update on the 2021-2023 City Council goals and strategies since their adoption in April 2021.These updates will be provided by the Council Goal team leads and include progress, opportunities,and where needed,recommendations or requests for additional Council direction. ACTION REQUESTED •Receive briefing on the 2021-2023 Council Goals. •Offer questions and guidance based on briefing. BACKGROUND INFORMATION City Council will receive an update on the four council goals;Response to Homelessness,Response to COVID-19, Develop a Community Resiliency Plan,and Adopt and Implement the Parks and Recreation System Plan.An overview of goal progress and next steps is provided below. Response to Homelessness:Implement an actionable,person-centric and regional response to homelessness. Accomplishments •Q3 supplemental allocate ARPA funds to fund 1.5 FTE focus on Homelessness •Applied for federal earmark to fund an additional CSO to focus on encampments •Partner with Leadership Tigard,Just Compassion to host ID workshop •Dedicated CSO fulltime to homelessness effort •Cleaned up several 1-2 person encampments,connected to services Opportunities •Work with CHART to identify opportunities to assist unhoused residents when encampment has been posted for clean-up •Review our current camping and parking ordinances COVID-19 Response:Support the Tigard community through a coordinated COVID-19 response. Accomplishments •ARPA investment in business support (CARES 6) •Library laptop/router check out program and technology classes •City buildings open to public: Social distancing required and encouraging masks Opportunities •Continued ARPA investment planning and implementation •Communication around COVID-19 changes and solutions for applying the new complexities. Following County covid level guidance •Navigating hybrid meetings: trainings and best practices Community Resiliency Plan:Develop and implement a bold community resiliency plan. Accomplishments •Climate modeling complete •Focus areas and themes defined •Community and Technical Advisory Committees formed •Launched Engage page to support connection with the community Opportunities •Identify and prioritize bold actions to reach goal •Broaden communication around community events Parks and Recreation System Plan:Adopt and implement the Parks and Recreation System Plan by developing a realistic funding plan and cost-effective service delivery model. Accomplishments •Adoption of Park and Recreation System Plan •Presented the proposed Parks and Recreation Implementation Plan Road Map to Council and received direction to move forward Opportunities •Community engagement&education •Expand the scope of work in the upcoming Trail System Plan to include strategies for enhancing Trail Safety. Dates of Previous and Potential Future Considerations 01/25/22 Tigard City Council Goals Update 09/21/21 Tigard City Council Goals Update 04/27/21 Consider Adoption of City Council Goals for 2021-2023 Impacts (Community, Budget,Policies and Plans/Strategic Connection) Council Goal updates show the progress and opportunity for the City Council 2021-2023 Goals and Community Promise.The goals help work toward our Strategic Plan vision to be, "an equitable community that is walkable,healthy, and accessible for everyone". ALTERNATIVES& RECOMMENDATION The Tigard team recommends City Council receive briefing and provide any guidance or questions in response. ADDITIONAL RESOURCES N/A Attachments Presentation- Council Goals Update i!iii.iii`•,iki.:E,.ioa• mi.:,iYlii�iiiL iL:�:L`v`i`.sx..<�j�<�<' „,.::•`..•`..•`.;•`.:i.`.^•.. ,:.tii.i i.v,.• •..i.i.;,.i.i..i>.```>.`.>.`c`..,, • ��:.„. ..�. } Cit Council Goals 2021 -2023 444$�� Pro ress Report #3 g p 1 April 26, 2022 ` City Council iteA'..,-,le 1 4/11440 ,f iiiiiio 1 % u 111 a .•. is Tigard:An equitable community that is walkable, healthy, and accessible for everyone. `��`�� Council Action ➢ Receive briefing on 2021 -2023 Council Goals. ➢ Offer questions and guidance based on briefing. Tigard:An equitable community that is walkable, healthy, and accessible for everyone. T I GA R D •ti ar 00111, , ' PI M NT ' ` •, . 0/ 11�'I vvvk try r LT10fWa84� PE 'Ct"" r,'• ('�xlt ft WO�QIPIN' -!� 2002 1 2 3 17."6 VID IS Lili G t" !f oclumeila 7.i,„,:::_. r s�'a,� . G0ALS + 60n lviUNi }1z.pNll5E COUNal ow Pliga4Agg it GOALS Ifi415..-- VV�� o N MINT 'f d � 400 ift F� Ec" otom * R" e u+ `,u o vs4.0NMC.Nfo (fixC.ELLE.NCE - vE1,o i art` ricNwt..v.40.14- N MP emSNT A ami a [ICONO/A\l ?,•L-DCOMM WI I Lig _ pI- !LI : G 1,5y5"/ rttrivt41 FuNpA7V. -LAN t--LAST- F- 0-1\le SERVit Pel-SJ 'i MDDE L Visuals by Sara Singer Wilson ,• Tigard:An equitable community that is walkable, healthy, and accessible for everyone. T RD MPL J A _��► _•> •1_10.0,41, tC T1!0fto Homelessness � .� Strategies Status 1.2 Facilitate city-wide conversations to learn more about concerns and resources to serve those in need. Develop and ire t ntr&:.tiousi.rwirt.Stturityand reverft on an ::.::.:::::.:-::::'>;-:::5-:.:::.;::;:.>:.>:->::: that induces recommendations such as Sade Lots expansion of shelter =. hours, wraparound services and ex:ended partnerships . .. ...........:'.:::::::::..::"""""""" Tigard:An equitable community that is walkable, healthy, and accessible for everyone. r r c,A R I> r r Response to Homelessness C ,e . tms,,-L • Key Accomplishments • Q3 supplemental allocate ARPA funds to fund 1 .5 FTE focus on Homelessness • Applied for federal earmark to fund an additional CSO to focus on encampments • Partner with Leadership Tigard, Just Compassion to host ID workshop • Dedicated CSO fulltime to homelessness effort • Cleaned up several 1 -2 person encampments, connected to services Opportunities • Work with CHART to identify opportunities to assist unhoused residents when encampment has been posted for clean-up • Review our current camping and parking ordinances Tigard:An equitable community that is walkable, healthy, and accessible for everyone. VIlit — COVI D- 19 Response COMM, 'ry r; • u(.1 it- Pc cooe121 Nk . . a°410 ® E 1 Strategies Status ::. A11�...cocate assist r 2.2 Address the barriers that exist within the digital divide. • #tire ' Iry s t ::::: :: I Tigard:An equitable community that is walkable, healthy,and accessible for everyone. !c;A R D — COVIN- 19 Response . � '�wwkA try • ►UG Pc WOW-PI NA Key Accomplishments G'oVI Cs ❑ a • ARPA investment in business support (CARES 6) rf.SPaNZ. • Library laptop/router check out program and technology rCOVID-19 Relief Effort classes Resources to Date: $6.3M • City buildings open to public: Social distancing required $3.6M for business grants and encouraging masks & loans Opportunities $2.2M for city fees & charges assistance • Continued ARPA investment planning and implementation $450K for non-profit • Communication around COVID changes and solutions for organizations applying the new complexities. Following County Covid $90K for community level guidance resiliency & mental health / • Navigating hybrid meetings: trainings and best practices Tigard:An equitable community that is walkable, healthy, and accessible for everyone. liwa- Community Resiliency Plan Strategies Stat ^gyp,o D T 13;4'4 ly . . ....,.: ..: :.y: :.:. :: : . -:r. : .: :..:.r'r: ... :.,,:..:r.: . 11 Deve1 :::ati&in101 rif r t:: >::: r ibpre di6n �; :><:->.ia :.:ti :ot is- ergs.:::.::.::.::: S•J L rblvhl 3.2 Implement resiliency practices that help us achieve carbon neutrality by the year 2035. 3.3 ho municate our resiliency efforts to the-community to encoura4e individuals and business to adept n ac ic± that support climate 3.4 Develop regional partnerships to help reduce carbon throughout the • Portland metro. - . Tigard:An equitable community that is walkable, healthy, and accessible for everyone. 7IGnRD *1 Community Resiliency Plan —=-- , Key Accomplishments Mp E M A-- • • Climate modeling complete GoMMQ 31lT►'! • Confirmed scope with Council ''" aviei • Community and Technical Advisory Committees formed • Launched Engage page to support connection with the community Opportunities • Identify and prioritize bold actions to reach goal • Engage with regional partners on Natural Hazard Mitigation Planning • Broaden communication around community events Tigard:An equitable community that is walkable, healthy, and accessible for everyone. _... Parks & Recreation �� . 1 " -1; Strategies Status 5y,. -p ', Sy .1 Evaluate servicedel€ver models for x ended ar pim .�' - . i -L � . TfC v i n 5 o.�vE n�tv 6�. 96‘.-1\16Q- 4.2 Recommend feasible alternative models and funding strategies. • l!pi ! Tigard:An equitable community that is walkable, healthy, and accessible for everyone. Parks & Recreation Key Accomplishments 71115-- • Adoption of Park and Recreation System Plan . eN1- • Presented the proposed Parks and Recreation 't7'°" Implementation Plan Road Map to Council and IRAQ received direction to move forward �y P S\1 po'e '•'IN • �i411( -UN DIN► 't- N Opportunities c E. 6S,z-v,� • Community engagement & education ` `-`� �� a�� • Expand the scope of work in the upcoming Trail System Plan to include strategies for enhancing Trail Safety. Tigard:An equitable community that is walkable, healthy,and accessible for everyone. $,'v:�}'��>iti AIS-4930 8. Business Meeting Meeting Date: 04/26/2022 Length(in minutes): 25 Minutes Agenda Title: FIREWORKS DISCUSSION Authored By: Shelby Rihala Presented By: City Attorney Shelby Rihala Item Type: Update,Discussion,Direct Staff Public Hearing Yes Legal Ad Required?: Publication Date: Information EXPLANATION OF ISSUE This is an overview of legal and enforcement considerations regarding fireworks to inform Council's decision as to what action,if any,to take regarding fireworks. ACTION REQUESTED Staff requests Council give direction as to any desired actions to take on fireworks. BACKGROUND INFORMATION Oregon law prohibits fireworks that fly into the air,explode,or travel more than 12 feet horizontally on the ground. Exceptions exist for firework professionals and others who operate with all licenses and permits. Fireworks commonly called bottle rockets,Roman candles,and firecrackers are illegal in Oregon. There is no date restriction on the ordinary use of Oregon-legal fireworks. (Reckless use at any time could entail possible criminal charges or civil claims for damages.) Enforcement: Law enforcement officers of the state,county or municipality shall enforce the provisions of ORS 480.111 to 480.165. (ORS 480.120(2)) Criminal:Violation of any provision of ORS 480.111 to 480.165 is a Class B misdemeanor.Violations may be prosecuted in state or municipal courts when violations occur within the municipality served thereby. (ORS 480.990) Regulatory:In addition to any other penalty provided by law,any person who violates any provision of ORS 480.111 to 480.165,or any rule adopted by the State Fire Marshal pursuant thereto,is also subject to a civil penalty imposed by the State Fire Marshal in an amount not to exceed$500 per violation. However,an individual member of the general public who possesses fireworks of a retail value less than$50 is not subject to a civil penalty.Each day a violation continues is a separate offense. (ORS 480.165) Local Authority to Regulate: Oregon law provides that the state regulation of fireworks (ORS 480.111 to 480.165,described above) does not preempt the home rule authority of cities to prohibit by municipal ordinance the manufacture,sale,use or discharge of fireworks within city limits. (480.160(1). Additionally, firework retailers are subject to generally applicable City regulations, such as requiring a temporary use permit for seasonal sales stands. TVF&R is a rural fire protection district. Oregon law prohibits rural fire protection districts from banning the use of Oregon-legal fireworks. "The manufacture, sale,use or discharge of fireworks may be regulated by the governing body of a rural fire protection district,subject to the following conditions: ... (c)The regulation shall not prohibit the manufacture, sale,use or discharge of fireworks the manufacture,sale,use or discharge of which is authorized by ORS 480.111 to 480.165." (The fireworks authorized by ORS 480.111 to 480.165 are the"Oregon-legal fireworks"referred to in this summary.) (480.160(4)(c)) Interagency Coordination: ORS 480.160(4)(6)provides that when a fire district like TVF&R enacts a regulation regarding the manufacture, sale, use or discharge of fireworks,the regulation is not operative within the boundaries of a city that regulates the same subject matter by city ordinance.In other words,where both a city and a rural fire protection district enact regulations regarding the manufacture,sale,use or discharge of fireworks,the city ordinance controls. Other Jurisdictions: Bend-The City of Bend recently adopted an ordinance that prohibits the"sale,offer for sale,possession,and use of fireworks,other than exempt fireworks." "Exempt fireworks"are defined in statute and include things like snakes and smoke-producing items,novelties and noisemakers,paper caps,and similar items as determined by the state fire marshal. Portland-Portland also recently enacted a ban. Under the city's ordinance,"(it)is unlawful to sell,keep or offer for sale,expose for sale,possess,use,explode or have exploded any fireworks,aerial luminary devices or pyrotechnics within the City." Portland's ordinance also excludes exempt fireworks as defined by statute. Enforcement Considerations: Historically,July 4th is the Tigard Police Department's highest call volume day of the year,with many of those calls coming in a short few hour period in the evening. Complicating police response is the commercial fireworks display near Tigard High School. This is a staff intensive event requiring a significant number of staff to create a safe event. The police department generally responds to calls on July 4th on a priority basis,first responding to life safety calls, then property safety calls,and finally other calls for service to include illegal fireworks. For several years now the police depat talent has done proactive work,in the days leading up to July 4th,identifying locations in the city where illegal fireworks have been a problem in years past. Officers contact those locations and advise them there have been prior complaints of illegal fireworks and effectively give a preemptive warning. The reality is that on July 4th it is not uncommon,especially during the busiest time in the evening,for many calls for service to experience an extended wait time before an officer can respond. ALTERNATIVES&RECOMMENDATION OPTIONS •Option 1:Future Declaration of a Local State of Emergency. Tigard's ban on fireworks in 2021 was adopted as an emergency action in response to a record-setting heat wave and drought conditions. The City cannot anticipate a future emergency, so this option entails assessing the conditions as July 4th approaches. An emergency declaration banning fireworks would only be enacted if conditions warrant. •Option 2:Adopt an Ordinance. Tigard could direct staff to prepare an ordinance similar to Portland or Bend proactively banning fireworks in the City limits. Staff would need direction as to what the scope of the ban would be. •Option 3:No Further Action.The police department generally responds to calls on July 4th on a priority basis, first responding to life safety calls,then property safety calls,and finally other calls for service to include illegal fireworks. ADDITIONAL RESOURCES Attachments No file(s)attached.