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2022-283-Minutes for Meeting July 06,2022 Recorded 8/2/2022C,vi ES C-0 2' I BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Steve Dennison, County Clerk CJ2022-283 Commissioners' .journal 08/02/2022 10:25:26 AM f.Sc�G� II�II�I1IINI1 2022-28 WEDNESDAY, July 6, 2022 Barnes Sawyer & VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair and Phil Chang. Commissioner Anthony DeBone was present at 9:05 a.m. Also present were Nick Lelack, County Administrator; Dave Doyle, County Legal Counsel; and Sharon Keith, Board Executive Assistant (via Zoom conference call) This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings CALL TO ORDER: Chair Adair called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Commissioner Adair acknowledged a voice message on the Citizen Input line regarding psilocybin. She also recognized Big Brothers and Big Sisters and CASA Program looking for mentors and volunteers. BOCC MEETING JULY 6, 2022 PAGE 1 OF 8 CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. CHANG: Move approval of Consent Agenda ADAIR: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 1. Consideration of Board Signature of Document No. 2022-595, Assessment and Taxation software annual personal services contract with Helion Software, Inc. 2. Approval of Minutes of the May 11, 2022 BOCC Meeting 3. Approval of Minutes of the June 1, 2022 BOCC Meeting 4. Approval of Minutes of the June 6, 2022 BOCC Meeting 5. Approval of Minutes of the June 8, 2022 BOCC Meeting 6. Approval of Minutes of the June 13, 2022 BOCC Meeting 7. Approval of Minutes of the June 22, 2022 BOCC Meeting ACTION ITEMS: 8. Deliberations: Remand of Deschutes junction Plan Amendment and Zone Change application 247-20-000438-PA/439-ZC (247-22-000-287-A) Senior Planner Nicole Mardell presented the deliberation and background on the application. The deadline for decision on this remand is August 5, 2022. The Board reviewed and provided level of support for the criteria presented for the deliberation process. Planning Manager Will Groves commented on waste streams and septic systems. Ms. Mardell commented on conditions of use for the property. DEBONE: Move approval of the land use item with the decisions made today. CHANG: Second Discussion: Commissioner Chang commented on the application process BOCC MEETING JULY 6, 2022 PAGE 2 OF 8 for this unique site. VOTE: DEBONE: CHANG: ADAI R: Yes Yes Chair votes yes. Motion Carried 9. Consideration of Board Signature of Resolution No. 2022-046, Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2023 Tim Brownell, Incoming Director of the Solid Waste Department presented the Resolution for consideration. CHANG: Move approval of Resolution No. 2022-046 DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 10.Consideration of the addition of two FTE Landfill Site Attendant Positions to the Department of Solid Waste and modification of the operating schedules for Southwest Transfer Station and Knott Landfill Tim Brownell, Incoming Director of the Solid Waste Department presented the need for additional staff due to support hours of operation. The Board expressed support of the request. A resolution will be presented to the Board on July 13, 2022. 11.Request Board approval and signature of Document No. 2022-255, Agreement with Iris Telehealth Chandra Mola, Behavioral Health Program Manager, presented the document for consideration via Zoom conference call. BOCC MEETING JULY 6, 2022 PAGE 3 OF 8 DEBONE: Move approval of Document No. 2022-255 CHANG: Second VOTE: DEBONE: Yes CHANG: Yes ADAIR: Chair votes yes. Motion Carried 12.Consideration of Board approval and Chair signature of Document No. 2022-571, an Oregon Health Authority Agreement #173133-5 Shannon Brister, Behavioral Health Program Manager, presented via Zoom conference call announcing services that will be provided through the grant funding. CHANG: Move approval of Document No. 2022-571 DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 13.Department Performance Measure Updates for Quarter 3. Administrative Analyst Laura Skundrick presented the third quarter department performance measures surrounding the goal of economic vitality. Property Manager Kristie Bollinger presented an overview of options for real property owned by Deschutes County. Planning Manager Will Groves presented regarding the Community Development on implementing rural accessory dwelling unit (ADU) legislation and also on affordable housing projects. Road Department Director Chris Doty presented regarding the strategic BOCC MEETING JULY 6, 2022 PAGE 4 OF 8 pavement investment program via Zoom conference call. Fair and Expo Director Geoff Hinds presented via Zoom conference call regarding business development, tourism, and recreation. Dan Emerson, Finance Budget Manager presented regarding the administration of the American Rescue Plan Act funding and regional economic recovery. Ms. Skundrick presented an update on inspections through environmental health as requested from the second quarter performance measures. Commissioner Chang commented on the need to invest in staffing to address the burden placed on departments with ongoing COVID response. Commissioner Adair requested an update from the Environmental Health Department in a few weeks. OTHER ITEMS: • Facilities Project Review Committee: Facilities Director Lee Randall and Deputy County Administrator Whitney Hale presented and update on Facilities Project Review Committee. The next meeting is scheduled forJuly 21 and requested Board input on the meeting's agenda. Ms. Hale provided the status on the recruitment process for the current vacancy on the committee. The Board expressed support to include the background requirement for the position to have financial industry experience. Ms. Hale also inquired on the timeline of committee. Commissioner Adair commented on the formation of the committee and the importance to involve them in decision making. Commissioner DeBone supported the extension of the committee for up to four years with memberships on two year increments. Commissioner Adair recommended staggering terms. Ms. Hale inquired if Commissioners are interested in having a liaison on the committee. Commissioner Adair noted Commissioner DeBone had originally been identified as a participant when the committee was formed and supports his continued participation. Ms. Hale presented the referral process and how projects are presented for input from the committee. BOCC MEETING JULY 6, 2022 PAGE 5 OF 8 RECESS: At the time of 11:53 a.m., the Board went into recess and reconvened at 1:00 P.M. 14.Senate Bill 762 - Wildfire Hazard Risk Mapping and the Wildland Urban Interface Associate Planner Kyle Collins presented the recent state wildfire risk maps introduced by the Oregon Department of Forestry (ODF) and the Oregon State University. The defensible space standards should be developed by the Oregon State Fire Marshal's Office by December 31, 2022. ODF will provide notice to all property owners and will allow an appeals process for the assigned high or extreme risk classification. County Forester Ed Keith commented on the wildland urban interface definition. Mr. Keith reported on the risk factor of vegetation and impacts on fire intensity, burn probability, and susceptibility. Staff recommended the Board coordinate discussions regarding any county owned properties that may be mapped as high or extreme risk. Mr. Keith reported that the ODF website has information to explain the appeal process. Given personal working knowledge and assessment of properties in Deschutes County, Mr. Keith commented on his surprise on the risk levels assigned for certain properties through this wildfire mapping that was generated by OSU Cascades. Commissioner Chang noted interest in having data that would show a comparison from what the State has determined to that of the Deschutes County data. Mr. Keith reported there will be funding opportunities allotted by the State Fire Marshal's Office for land owners. Mr. Keith also spoke on public meetings with the Division of Financial Regulation on July 29 and 30, 2022 for an opportunity for land owners to hear about wildfire and property insurance. Mr. Keith also reported on a public meeting hosted by the Oregon Department of Forestry on the evening of August 4, 2022. 15.Lower Bridge Rangeland Protection Association Memorandum of Understanding Emergency Services Manager DCSO Sgt. Nathan Garibay and County Forester BOCC MEETING JULY 6, 2022 PAGE 6 OF 8 Ed Keith presented the item for consideration. Robin Galloway President of Lower Bridge Rangeland Protection Association was also present. The MOU would provide financial support for the operations of the Rangeland Fire Protection Association. Ms. Galloway expressed appreciation for the assistance of Sgt. Garibay and Mr. Keith. Historically, the funding for these types of agreements have come from the general fund. CHANG: Move approval of Document No. 2022-599 DEBONE: Second Discussion: Commissioner DeBone requested clarity on the source of the funding. VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried 16.Fire Suppression Response to Unprotected Lands within Deschutes County Emergency Services Manager DCSO Sgt. Nathan Garibay and County Forester Ed Keith presented the item for consideration. During the Grandview Fire last year, a request of delegation of authority occurred. This discussion is presented to review the procedure to streamline these requests in the future for responsibility of unprotected land and the request for resources and who to name as the delegate when the phone call comes during a fire. Mr. Keith reported from discussions with the State Fire Marshal's office and local fire chiefs there is a request for a streamlined process to be given by Deschutes County to eliminate a stall in the fire response. County Counsel Dave Doyle noted one way to assign delegation of authority is for a Board Order. A Board Order will be presented during the July 13, 2022 BOCC Meeting. Commissioner DeBone also requested a review of the process for the joint information center. BOCC MEETING JULY 6, 2022 PAGE 7 OF 8 OTHER ITEMS: • Commissioner DeBone announced he was elected as a chief local elected official for the Central Oregon Workforce Consortium and will be appointing members of the East Cascade Works and presented a letters of appointment he will be submitting in his role of chair for Ron Cholin and Robert Moro. • Commissioner Chang reported on a tour with the Tumalo Irrigation District last week and also reported on public interest of a petition process to allow the Commissioners as nonpartisan in Deschutes County. • Commissioner Adair reported on public concerns of a cancelation of the COIC bus route from La Pine and Sunriver. EXECUTIVE SESSION: At the time of 2:30 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 3:57 p.m. ADJOURN: Being no further business brought before the Commissioners, the meeting was adjourned at 3:57 p.m. -27 DATED this Day of _ 2022 for the Deschutes County Board of Commissioners. U au) PATTI ADAIR, C AIR ANTHONY DEBONE, VICE CHAIR 1 BOCC MEETING JULY 6, 2022 PAGE 8 OF 8 �vTES CO C, G 2� BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, JULY 06, 2022 Barnes Sawyer Rooms - Deschutes Services Bldg - 1300 NW Wall St - Bend (541) 388-6570 1 www.deschutes.org MEETING FORMAT: The Oregon legislature passed House Bill (HB) 2560, which requires that public meetings be accessible remotely, effective on January 1, 2022, with the exception of executive sessions. Public bodies must provide the public an opportunity to access and attend public meetings by phone, video, or other virtual means. Additionally, when in -person testimony, either oral or written is allowed at the meeting, then testimony must also be allowed electronically via, phone, video, email, or other electronic/virtual means. Attendance/Participation options are described above. Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385- 1734. Citizen input received by noon on Tuesday will be included in the Citizen Input meeting record for topics that are not included on the Wednesday agenda. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. For Public Hearings, the link to the Zoom meeting will be posted in the Public Hearing Notice as well as posted on the Deschutes County website at https://www.deschutes.org/bcc/page/public- hearing-notices. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by noon on Tuesday in order to be included in the meeting record. CONSENT AGENDA 1. Consideration of Board Signature of Document No. 2022-595, Assessment and Taxation software annual personal services contract with Helion Software, Inc. 2. Approval of Minutes of the May 11 2022 BOCC Meeting 3. Approval of Minutes of the June 1 2022 BOCC Meeting 4. Approval of Minutes of the June 6 2022 BOCC Meeting 5. Approval of Minutes of the June 8 2022 BOCC Meeting 6. Approval of Minutes of the June 13 2022 BOCC Meeting 7. Approval of Minutes of the June 22 2022 BOCC Meeting ACTION ITEMS 8. 9:05 AM Deliberations: Remand of Deschutes Junction Plan Amendment and Zone Change application 247-20-000438-PA/439-ZC (247-22-000287-A) 9. 9:35 AM Consideration of Board Signature of Resolution 2022-046 Establishing Solid Waste Disposal Fee Waivers for Fiscal Year 2023 10. 9:40 AM Consideration of the addition of two FTE Landfill Site Attendant Positions to the Department of Solid Waste and modification of the operating schedules for Southwest Transfer Station and Knott Landfill 11. 9:50 AM Request Board approval and signature of Document No. 2022-255, Agreement with Iris Telehealth 12. 10:00 AM Consideration of Board approval and Chair signature of document #2022- 571, an Oregon Health Authority agreement #173133-5 13. 10:10 AM Department Performance Measure Updates for Q3 July 06, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 LUNCH RECESS 14. 1:00 PM Senate Bill 762 - Wildfire Hazard Risk Mapping and the Wildland Urban Interface 15. 1:45 PM Lower Bridge Rangeland Fire Protection Association MOU 16. 2:00 PM Fire Suppression Response to Unprotected Lands within Deschutes County OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (541) 617-4747. July 06, 2022 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 O'( E S Co 2� BOARD OF COMMISSIONERS MEETING DATE: Wednesday, July 6, 2022 SUBJECT: Deliberations: Remand of Deschutes Junction Plan Amendment and Zone Change application 247-20-000438-PA/439-ZC (247-22-000287-A) RECOMMENDED MOTION: On July 6, 202Z the Board will deliberate on the proposed Plan Amendment and Zone Change requests. If the Board finds that additional deliberations are necessary, the Board may schedule a future date for continued deliberations. If the Board finds no additional deliberations are necessary, the Board may then vote on the application. BACKGROUND AND POLICY IMPLICATIONS: The Board will hold deliberations on July 6, 2022 to consider a remanded decision of the Oregon Land Use Board of Appeals. The remanded decision is requesting approval to rezone and redesignate property from Exclusive Farm Use (EFU) /Agriculture (AG) to Rural Industrial (RI). The entirety of the record can be found on the project website at https://www.deschutes.org/cd/page/remand-deschutes junction -plan -amendment -zone -change As stated previously, remand applications are subject to a 120-day review timeline per ORS 227.181. The final day in which a decision must be issued is August 5, 2022. BUDGET IMPACTS: None. ATTENDANCE: Nicole Mardell, Senior Planner - Long Range Will Groves, Planning Manager Z O a _u J a a `Wn V TZ i u W Z O LN r CW G 0 CW C Z J a H u D 1 tA W H T� 1 u W 0 N. 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OQ O_ cL n n a a v a v a �Fv�Y l7 0 v o p al � ofin -O m a O V V- X w O C N a) N 7 N E O z O U Ln to MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Nicole Mardell, Senior Planner - Long Range Will Groves, Planning Manager DATE: July 6, 2022 SUBJECT: Deliberations - Remand of Deschutes Junction Plan Amendment and Zone Change application 247-20-000438-PA/439-ZC (247-22-000287-A) The Board will hold deliberations on July 6, 2022 to consider a remanded decision of the Oregon Land Use Board of Appeals. The remanded decision is requesting approval to rezone and redesignate property from Exclusive Farm Use (EFU) / Agriculture (AG) to Rural Industrial (RI). The entirety of the record can be found on the project website at https•//www deschutes.org/cd/page/remand-deschutes-function-plan-amendment-zone-change 1. BACKGROUND The applicant, TonyAceti, is requesting a Comprehensive Plan Amendment to redesignate the subject property from Agriculture to Rural Industrial and a Zoning Map Amendment to rezone the property from Exclusive Farm Use (EFU) to Rural Industrial. The property is 21.59-acres in size and is located at 21235 Tumalo Place, Bend (Taxlot ID 161226CC000201 and 161227D000104). The application was originally submitted on June 30, 2020 and approved by the Board on January 27, 2021. Following Board approval, the application was appealed to the Oregon Land Use Board of Appeals (LUBA) and was remanded back to the County for additional review due to insufficient findings regarding the potential number of workers on site resulting from the requested plan amendment and zone change. The applicant appealed the remand decision to the Court of Appeals who affirmed LUBAs decision. The remand was then initiated by the applicant for County review on April 7, 2022. The final day in which the County must issue a final decision is August, 5, 2022. 11. OPEN RECORD PERIOD Public hearings were held on May 18, 2022 and June 8, 2022. Following the June 8 hearing, the written record was left open for a total of 21-days. The applicant waived their right to the final 7 days typically reserved for final legal argument, and as such, the record closed on Wednesday, June 22 at 4 pm. During the initial 7-day segment of the open record period, staff received two (2) public comments as new evidence and testimony, one from the applicant's attorney and one from Central Oregon Landwatch. Each party also submitted a minor correction to their attachments via email, which were included in the record on the project website. During the second 7-day segment of the open record period, one rebuttal submittal was submitted by the applicant's attorney. On June 9, 2022 the applicant provided staff a waiver of final legal argument, therefore the open record closed on June 22, 2022 at 4 pm. Staff has provided a decision matrix summarizing information from the open record period and previous public hearings as an attachment to this memorandum. III. BOARD DELIBERATIONS On July 6, 2022, the Board will deliberate on the proposed Plan Amendment and Zone Change requests. If the Board finds that additional deliberations are necessary, the Board may schedule a future date for continued deliberations. If the Board finds no additional deliberations are necessary, the Board may then vote on the application. As stated previously, remand applications are subject to a 120-day review timeline per ORS 227.181. The final day in which a decision must be issued is August 5, 2022. IV. NEXT STEPS If the Board determines that additional deliberations are necessary, staff will work with the Board to schedule a future meeting for continued deliberations. If the Board concludes their deliberations during the July 6, 2022 meeting, the Board may then vote on whether to approve or deny the application on remand. If the Board renders a vote during the July 6, 2022 meeting, staff will coordinate with the Board to return for a future meeting during which a draft ordinance and relevant exhibits will be presented and a first reading of the ordinance initiated. ATTACHMENTS: Board Decision Matrix Page 2 of 2 1��3-TES COG�� BOAR® OF COMMISSIONERS MEETING DATE: July 6, 2022 SUBJECT: Consideration of the addition of two FTE Landfill Site Attendant Positions to the Department of Solid Waste and modification of the operating schedules for Southwest Transfer Station and Knott Landfill RECOMMENDED MOTION: No motion at this time. If the Board supports the request, a Resolution will be presented for consideration of approval on the July 13, 2022 BOCC meeting agenda. BACKGROUND AND POLICY IMPLICATIONS: Recently, the Board asked that the Department of Solid Waste evaluate extending public operating days at the County's Southwest Transfer Station, which currently operates on a Wednesday -Saturday, 8am-4pm schedule. An expanded schedule would enhance customer accessibility to solid waste services in southern Deschutes County. Growth in south Deschutes County has impacted operations at Southwest Transfer Station to the point where the site is approaching functional capacity for both traffic and tonnage. The recommended schedule expansion adds Monday and Tuesday to the schedule, which would help with managing current operational challenges and provide public access for recycling and waste disposal services 6 days/week. With this change, the operating schedule for Southwest Transfer Station would be Monday -Saturday, 8am-4pm. In order to accommodate the additional operating days at Southwest Transfer Station, two additional FTE Landfill Site Attendants are needed. The additional positions will also reduce the reliance on contract labor for operations at Knott Landfill as half of the FTE hours for the two new positions would be allocated to Knott Landfill operations. The Department also requests that the Board consider modifying the operating schedule for Knott Landfill to a 7 day/week, 7am-4:30pm year-round, schedule which would provide additional public access to the facility during the fall and winter. If the additional positions and schedule modifications are approved, the schedule change for Southwest Transfer Station will be implemented in mid to late August, allowing time for hiring and training for the new staff. Currently, Knott Landfill is on its summer 7 day/week, 7am-5pm schedule and will remain on that schedule through October 31 when the new schedule will be implemented. BUDGET IMPACTS: The addition of 2 FTE Landfill Site Attendants is estimated to cost $83,364 per FTE, for a total of $166,728/year. If approved, increases in Fund 610 Personnel costs would be offset by other vacancy savings and reduced Materials and Services costs for contract labor services in FY23. Beginning in FY24, these positions would be funded as an ongoing portion of Solid Waste personnel costs in fund 610. ATTENDANCE: Tim Brownell, Director of Solid Waste BOARDOF ,qt#iWIW MEETING DATE: July 6, 2022 SUBJECT: Department Performance Measure Updates for Q3 BACKGROUND AND POLICY IMPLICATIONS: At the July 6 Board meeting, the departments will provide updates on progress made during Q3 on selected performance measures that fall under the County goal of Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. Additional information is available in the attached staff report. A full list of performance measures and outcomes are available at performance.deschutes.org. This new dashboard provides more information about the ways departments and County staff are working to help achieve the Board's goals. BUDGET IMPACTS: None ATTENDANCE: Laura Skundrick, Administrative Analyst • Date: July 6, 2022 To: Board of County Commissioners From: Laura Skundrick, Administrative Analyst Re: Department Performance Measure Updates for Q3 A full list of performance measures and outcomes are available at performance.deschutes.org. This new dashboard provides more information about the ways departments and County staff are working to help achieve the Board's goals. Departments have completed their third quarter performance measure updates. At the July 6 Board meeting, departments will provide updates on progress made during Q3 on selected performance measures that fall under the County goal of Economic Vitality: Promote policies and actions that sustain and stimulate economic vitality. Objective: Support affordable and transitional housing options for vulnerable populations through availability of lands, project planning, and appropriate regulation. Department: Property Management Performance Measure: Seek opportunities to partner with other jurisdictions and nonprofits to strategize options for affordable housing. Q3 Update: RFP process to determine a developer to purchase the Simpson property for development of affordable housing was completed March 2022. Received 5 proposals in response to the RFP. Housing Works and KOR Community Land Trust was selected. Currently negotiating the purchase and sale agreement. Objective: Administer land use policies that promote livability and economic opportunity. Department: Community Development Performance Measure: Implement rural ADU legislation, if adopted by 2021 Legislature. Q3 Update: SB 1533 was adopted in the short session to fix "broken links" to SB 391.Staff, in coordination with the Board, will initiate amendments in January 2023 to implement rural ADU legislation. Regular check -ins will occur in the summer and fall. Department: Community Development Performance Measure: City of Bend, La Pine and Sisters Housing: a.) Amend the City of Bend Urban Growth Boundary to implement HB 4079, a pilot project to increase the supply of affordable housing projects. b.) Support the County's Property Manager and City of La Pine to update the Newberry Neighborhood development regulations to facilitate urban housing development. • c.) Participate in the City of Sisters Comprehensive Plan Update and UGB expansion amendments, if initiated. Q3 Update: City of Bend - City of Bend staff is scheduling monthly meetings to discuss HB 4079. A UGB amendment is anticipated this summer. City of La Pine - City of La Pine staff continue to coordinate with the County Property Manager. CDD staff helped the Property Manager execute RFPs for Quadrants 2a and 2d. City of Sisters - County staff continue to coordinate with the City of Sisters. A UGB amendment is not anticipated for 18 to 24 months at the earliest. Objective: Maintain a safe, efficient and economically sustainable transportation system. Department: Road Performance Measure: Achieve 96% of roads rated good or better (Pavement Condition Index above 70). Q3 Update: The percent of roads rate good or better (PCI greater than 70) increased to 99.2%. Reconstruction of Negus Way-17th Street in NE Redmond in 2021 is the primary reason for the increase. Objective: Partner with organizations and manage County assets to attract business development, tourism, and recreation. Department: Fair & Expo Performance Measure: Achieve more than $48 million in annual economic impact generated from Fair & Expo events and facilities. This measure uses economic multipliers established by Travel Oregon and updated with the Travel Industries of America travel index. Q3 Update: Economic impact from Fair & Expo events continues to improve; as does the number of returning and new events. Limited to no new cancellations due to Covid19, and a more stable event environment creates producer confidence; and we continue to add events large and small through 2022, 2023 and beyond. Department: Finance Performance Measure: Coordinate with the Board of Commissioners to distribute ARPA and other consistent updates to the community on the investment of ARPA funds. Q3 Update: County Finance continues to administer the ARPA funding award, distribution and reporting functions for the county. As of March 31, 2022, $36,722,702 of the county's $38.4 million total ARPA award had been committed to pandemic recovery efforts in the county. Q2 Update: During Performance Measure updates for the second quarter, the Board heard one update from Environmental Health (EH) Supervisor Eric Mone on the following measure: Reduce outbreaks and food -borne illness by inspecting a minimum of 95% of licensed facilities (e.g. restaurants, pools/spas/hotels, etc.) per state requirements. As a reminder, the Q2 update was: 63/782 = 8%. Significant EH staff time continues to be spent on the COVID-19 response, including 591 business outreach calls this quarter (compared to 377 last quarter), responding to complaints (70 this quarter), and outbreak follow-up. The team is aiming to resume more normal inspection volume when safe to do so (e.g. Omicron surge). During that Q2 update, the Board requested a follow up on the status of the measure, and Eric has provided the following update for Q3: 72/716 = 10%. EH conducted more business reach -outs for Covid follow up in January, 2022 than any other month since the pandemic started. Approximately 400-900 cases per day in January. Cases were falling steadily in Feb/March and with the mask mandate being lifted on March 14, EH inspectors have been getting back into the field for routine inspections on Food, Pool, and Lodging facilities. Those inspections are available for viewing on the Environmental Health Website. MEETING DATE: Wednesday, July 6, 2022 SUBJECT: Senate Bill 762 - Wildfire Hazard Risk Mapping and the Wildland Urban Interface BACKGROUND AND POLICY IMPLICATIONS: Staff will provide background and updates to the Board regarding Senate Bill (SB) 762 and the newly established State Wildfire Risk Map created by Oregon State University and the Oregon Department of Forestry. The Risk Map will ultimately inform new development regulations including structural hardening and defensible space standards intended to mitigate overall wildfire risk to communities throughout the state. BUDGET IMPACTS: None ATTENDANCE: Kyle Collins, Associate Planner Ed Keith, County Forester Will Groves, Planning Manager MEMORANDUM TO: Deschutes County Board of Commissioners (Board) FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager Ed Keith, County Forester DATE: June 29, 2022 SUBJECT: Senate Bill 762 - Wildfire Hazard Risk Mapping and the Wildland Urban Interface During the 2021 state legislative session, Senate Bill (SB) 762 was passed to help modernize and improve wildfire preparedness across Oregon. The legislation was developed to address wildfire issues through three key strategies: creating fire -adapted communities, developing safe and effective responses, and increasing the resiliency of Oregon's landscapes. One of the primary pieces of SB 762 is the creation of a comprehensive State Wildfire .Risk Map to guide new wildfire regulations for development. The final risk map was made available on June 30, 2022 at the following website: https://oregonexplorer.info/tools I. BACKGROUND, DEFINITIONS, & IMPLEMENTATION SB 762 required Oregon State University (OSU), the Oregon Department of Forestry (ODF), and the Oregon State Fire Marshal to develop and maintain a comprehensive statewide map of wildfire risk that includes wildland-urban interface (WUI) boundaries and fire risk classifications. The specific boundaries for the WUI were determined based on a definition established by a rule making advisory committee (RAC) composed of 26 members representing a variety of fire protection and forestry professionals, as well as various private property, forestry, and development interests throughout the state. The RAC members met four times between July 27 and August 17, 2021. Those meetings, RAC recommendations, and subsequent public hearings led to the following WUI definition being adopted by the Oregon Board of Forestry: "Wildland-Urban Interface means a geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels." More specifically, the following rules as outlined in Oregon Administrative Rule (OAR) 629-044 delineate WUI areas as part of the State Wildfire Risk Map: (1) A tax lot will be included in the Wildland-Urban Interface boundary if it includes either: (a) A minimum of one structure or other human development per 40 acres and either: (A) A minimum of 50% coverage of wildland or vegetative fuels; or (B) A 1.5-mile buffer from the edge of an area greater than 1 square mile of wildland or vegetative fuels into a community with a minimum of 75% cover of wildland or vegetative fuels. (b) A planned development, within the urban growth boundary or unincorporated communities, that is not identified in (a) but that is approved for development that meets the criteria in (a); or (c) Is an occluded geographical area with a minimum of one structure or other human development per 40-acres within 1.5 miles of an area greater than 1 square mile but less than 2 square miles with a minimum of 75% cover of wildland or vegetative fuels. (2) If multiple structures or other human developments are located on a single tax lot, then the totality will be considered a single structure or other human development. In addition to the WUI boundaries, OSU is required to assign each tax lot in the state one of five specific wildfire risk classifications: extreme, high, moderate, low, or no risk. Each of these risk classifications is based upon a range of wildfire hazard values such as climate, topography, and vegetation that illustrate likely wildfire behavior on particular parcels. Finally, locally developed wildfire plans, such as Community Wildfire Protection Plans (CWPPs), may be integrated into the wildfire risk mapping portal if a local jurisdiction chooses. However, information in any locally developed wildfire plans may complement, but cannot remove or supersede the Statewide Wildfire Risk Map. II. MAPPING IMPLICATIONS Properties included in both a designated WUI boundary and classified as either high or extreme risk will be subject to additional development regulations. Specifically, properties meeting both of these standards will be subject to: 1) Home hardening building codes as described in section R327 of the 2021 Oregon Residential Specialty Code 2) Defensible space standards as determined by the Oregon State Fire Marshal At present, the State Fire Marshal has yet to develop final statewide defensible space requirements. However, SB 762 requires these standards to be developed on or before December 31, 2022. The earliest date that the R327 building code standards may become effective is October 1, 2022, and they will become mandatory on April 1, 2023. In addition to the mandatory standards outlined above, SB 762 directs the Department of Land Conservation and Development (DLCD) to convene a stakeholder committee to draft recommendations for further land use rules associated with wildfire mitigation. This stakeholder group is composed of professionals working in wildfire management and land use planning, as well as private citizens and development related interest groups. The DLCD stakeholder group began meeting on May 3, 2022 and will hold its final meeting on August 16, 2022. Ultimately, DLCD will utilize Page 2 of 4 these conversations to produce a summary report of recommended land use rules to the larger State Wildfire Programs Advisory Council. Upon consideration of DLCD's recommendations, the Wildfire Programs Advisory Council may advise state Legislative Committees in 2023 on any proposals affecting state land use rules that would require formal legislation. III. PROPERTY OWNER APPEALS & OUTREACH Over the coming weeks, ODF will provide notice to all property owners within the high and extreme risk classifications that may be subject to additional regulations. Those notifications must include the following information: • The wildfire risk class assignment • Where a map of the property can be found in the publicly accessible mapping portal, including the average wildfire hazard value of the property • Resources available to address wildfire risk • Information regarding what the wildfire risk assignment means for the property owner • Information about how a property owner may appeal the assignment of wildfire risk class, including the specific elements that may be appealed If a property owner elects to appeal their assigned risk classification, they must file an appeal with the State Forester in writing within 60 days after: • Completion or update of the wildfire risk classification map; or • Delivery of the notice of classification to property owners whose property is in the extreme or high wildfire risk classes To be considered, all written appeals must specifically state objections to the wildfire risk class assignment, the specific change in wildfire risk assignment sought, and any pertinent facts that may justify a change in the wildfire risk class assignment, in accordance with ORS 477.490. The State Forester will review all appeals to determine whether appellants have standing and whether any relevant facts have been provided to consider review of the proposed classification change. Ultimately, the State Forester must provide a report describing the relevant issues and a final decision on the specific property classification in question. IV. BOARD CONSIDERATION There are no specific decisions for the Board to make regarding the State Wildfire Risk Map. The Board may wish to coordinate discussions with the Property Management Department regarding any County -owned properties that are designated as high or extreme risk and located within an identified WUI. V. NEXT STEPS Staff will summarize the State Wildfire Risk Map results and risk classifications for Deschutes County on July 6. As the State Wildfire Risk Map is ultimately the basis for additional regulatory requirements, Page 3 of 4 the Board may wish to provide comments to the State Fire Marshal regarding future defensible space standards. Additionally, the Board may wish to provide comments to the DLCD stakeholder committee considering additional recommendations for further land use rules associated with wildfire mitigation. As stated above, DLCD's recommendations will be taken under further consideration by the larger State Wildfire Advisory Council to determine if any new rules or actions are warranted. Staff can convene future discussions with the Board if additional actions are desired. Page 4 of 4 vT E S Co G2� o < BOARD OF • 11 ' • MEETING DATE: July 6, 2022 SUBJECT: Fire Suppression Response to Unprotected Lands within Deschutes County RECOMMENDED MOTION: N/A BACKGROUND AND POLICY IMPLICATIONS: During the Grandview fire in 2021 the Office of the State Fire Marshal (OSFM) provided a conflagration response that included supplying OSFM resources to unprotected lands within Deschutes County. At that time OSFM requested a delegation of authority from Deschutes County to deploy these resources, which was the first time this situation has occurred. In anticipation of the possibility of a similar request for OSFM resources for unprotected lands in Deschutes County in 2022 or future years staff would like to discuss with the Board a procedure for requesting these resources should the need arise for future incidents. BUDGET IMPACTS: None ATTENDANCE: Nathan Garibay, Ed Keith