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2023-327-Minutes for Meeting September 13,2023 Recorded 10/18/20231300 NW Wal BOARD OF COMMISSIONERS I Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2023-327 Steve Dennison, County Clerk Commissioners' Journal 10/18/2023 9:40:52 AM FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 9:00 AM WEDNESDAY September 13, 2023 Barnes Sawyer Rooms Live Streamed Video Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were County Administrator Nick Lelack; Assistant County Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold. 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 DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: • Carl Shoemaker said negative information such as the high cost of housing is not shared with people who express interest in moving to Bend. CONSENT AGENDA: Before the Board was Consideration of the Consent Agenda. 1. Approval of Resolution No. 2023-053 accepting grant funding for the Victims of Crime Act and Criminal Fine Account and extending 2.7 FTE positions in the FY2023-24 Deschutes County Budget 2. Approval of Board Order No. 2023-035 authorizing the sale of property at 16609 Dillon Way in La Pine, and further authorizing the Deschutes County Property Manager to execute the documents associated with the sale BOCC MEETING SEPTEMBER 13, 2023 PAGE 1 OF 11 3, Approval of the procurement of four replacement dump trucks for the Road Department 4. Approval of the minutes of the August 9, 2023 BOCC meeting ADAIR: Move approval of the Consent Agenda as presented CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried ACTION ITEMS: 5. Enterprise Zone Abatement Extension for BasX Deputy County Administrator Erik Kropp and REDI Director Steve Curley presented a request from BasX to extend its Enterprise Zone property tax abatement from three years to five years. Curley said extending the abatement period to five years requires that the company's average compensation for all net new jobs is at least 150% of the County's average annual compensation (including salary, overtime, bonuses, and medical and retirement benefits). ADAIR: Move approval of Chair Signature on Document No. 2023-843, Greater Redmond Area Zone Extended Abatement Agreement CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 6. Senate Bill 80 - Wildfire Hazard Risk Mapping Discussion Will Groves, Planning Manager, said the Oregon Department of Forestry has issued a new draft statewide wildfire risk map in advance of next week's meeting in Klamath Falls where this will be discussed. The map replaces the one released in 2022, which was withdrawn for further refinement; the previous map's five levels of classification have been consolidated into three levels: high, moderate and low. Groves distributed detailed maps produced by County IT staff using the data supplied for the Bend, La Pine, Redmond, Sisters and Sunriver areas along with tables enumerating how many properties and acres are designated as "high BOCC MEETING SEPTEMBER 13, 2023 PAGE 2 OF 11 hazard" (or predominantly high hazard —the statewide map is currently not drawn according to individual property boundaries) and breaking those out according to how they are zoned. Kevin Moriarty, County Forester, said although some areas of Deschutes River Woods, West Bend and south of Sunriver have been ranked as moderate risk, areas with similar conditions and seemingly similar risks are ranked high. He said Bend proper is ranked low risk, but he believed it should be ranked moderate. He was concerned that there is no discernible difference between some areas which are ranked moderate risk and adjacent areas which are ranked high. Peter Gutowsky, Community Development Director, said the detailed maps produced by staff can be customized at the Board's direction between now and the meeting in Klamath Falls next week. Commissioner DeBone asked if the County has GIS information showing the footprints of the FireWise communities. Moriarty said some of this information is available, but not all of the 60-plus Firewise communities have been mapped out. Commissioner Adair asked if this information could be compiled by next week, saying these communities should be recognized for all the work they have done. Commissioner Chang emphasized that the wildfire risk map is meant to identify areas where measures should be taken to promote and conduct fuels removal, home hardening and other risk reduction efforts. Noting that the map cannot be used to set insurance rates, he said insurance companies have their own data and models and are not using this map for rate or coverage decisions. Gutowsky did not expect that the State will take what local communities have done or are doing to establish higher resiliency to wildfire into consideration when finalizing the map, since the map's purpose is to determine wildfire hazard vulnerability in accordance with SB 762 and SB 80. Commissioner Chang said after the risk levels are determined via the finalized map, the insurance industry will be required to provide discounts for defensible space work that has been accomplished. Responding to Commissioner DeBone, Gutowsky said hardening requirements would not apply to existing structures, but rather to any new residential or accessory structures or additions. Commissioner DeBone asked for information on whether properties designated as high risk will be required to establish defensible space, and if so, what resources will be available to property owners. BOCC MEETING SEPTEMBER 13, 2023 PAGE 3 OF 11 Gutowsky said after public comment is solicited and received on the map, counties will have another opportunity to provide feedback before it is finalized. The State has not yet shared a timeline for collecting input and finalizing the map. Commissioner DeBone noted that all of Deschutes County is highly susceptible to wildfire, given the right dry and wind -driven conditions. Commissioner Chang spoke to the difference between the previous map and the one now being considered, saying that the new map assesses risks for burn probability and fire intensity but not susceptibility. He was not sure if these two factors were modeled correctly and was concerned that these risks are in fact higher than depicted in the new draft map. Commissioner Adair questioned if irrigated agricultural properties or those with large ponds should be classified as high risk and noted an area outside of Sisters where 2500 trees were removed is shown as moderate risk. County Administrator Nick Lelack said the County will need to know the timeline for compliance with the regulations and what entities will be responsible for enforcing those. Commissioner Chang expected that these duties will be delegated to local communities and agreed that the State will need to be clear about the implications of those delegations. 7. Public Hearing and consideration of Ordinance No. 2023-021 concerning the Local Wildfire Hazard Zone and Oregon Residential Specialty Code updates regarding wildfire hazard mitigation Will Groves, Planning Manager, provided an overview of the County -initiated proposal to modify the existing building code standards of the Local Wildfire Hazard Zone. Groves explained that on October 1st, updates to section R327 of the Oregon Residential Specialty Code (ORSC) will take effect. Because section 15.04.085 of the Deschutes County Code references ORSC section R327, the forthcoming updates to the ORSC will expand the current prohibition on wood shake roofs to also affect siding, overhangs, ventilation and other components of new residential construction (both houses and accessory structures). To prevent this, staff has proposed a minor update to Deschutes County Code section 15.04.085 to specify that this provision applies only to the current prohibition on wood shake roofs which has been in place since 2000. The public hearing was opened at 10:07 am. There being no one who wished to testify, the public hearing was closed at 10:08 am. BOCC MEETING SEPTEMBER 13, 2023 PAGE 4 OF 11 CHANG: Move approval of first and second reading of Ordinance No, 2023-021 by title only ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the title of the ordinance two times into the record. ADAIR: Move adoption, on an emergency basis to take effect immediately, of Ordinance No. 2023-021 amending Deschutes County Code Title 15, Building and Construction Codes and Regulations, to modify the development standards for the Wildfire Hazard Zone CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 8. Board Decision on Land Use File No. 247-23-000125-DR, Initiation of Use Avery Johnson, Assistant Planner, reminded that the Board conducted deliberations on this matter on August 23rd Commissioner DeBone said due to the unique situation that this land use matter involves a marijuana production facility and the State is no longer issuing licenses for such uses, the Board's decision is very specific to this particular decision and will not have precedent -setting effect. CHANG: Move approval of Board signature of Document No. 2023-849, revising the Hearings Officer's decision approving a Declaratory Ruling and initiation of use application for a marijuana production facility at 26295 Willard Road, Bend DEBONE: Second VOTE: ADAIR: No CHANG: Yes DEBONE: Chair votes yes. Motion Carried 2 - 1 9. Second Reading of Ordinance No. 2023-015 - LBNW, LLC Plan Amendment / Zone Change BOCC MEETING SEPTEMBER 13, 2023 PAGE 5 OF 11 Anthony Raguine, Principal Planner, said the Board conducted first reading of this ordinance on August 30th ADAIR: Move approval of second reading of Ordinance No. 2023-015 by title only DEBONE: Second VOTE: ADAIR: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 Chair DeBone read the title of the ordinance into the record. ADAIR: Move adoption of Ordinance No. 2023-015 amending Deschutes County Code Title 23, the Deschutes County Comprehensive Plan, to change the Comprehensive Plan Map Designation for certain property from Agriculture to Rural Industrial, and amending Deschutes County Code Title 18, the Deschutes County Zoning Map, to change the Zone Designation for certain property From Exclusive Farm Use to Rural Industrial DEBONE: Second VOTE: ADAIR: Yes CHANG: No DEBONE: Chair votes yes. Motion Carried 2 - 1 10. Authorization of Issuance of Debt for Courthouse Expansion and Potential Refinancing Robert Tintle, Chief Financial Officer, said the resolution presented for the Board's consideration would authorize the issuance of bonds not to exceed $20.5 million for the courthouse expansion project, which is expected to cost $40.5 million. Tintle said if the bonds are issued at an interest rate of 3.96%, the annual debt service payments would amount to approximately $1.6 million. Tintle additionally sought authorization to refund outstanding 2013B bonds which became callable on June 1, 2023. He explained that the County may save a minimum of $228,000 and up to $349,000, depending on market conditions. Commissioner Adair reported a meeting scheduled for September 28th with representatives from the 9th Circuit Court who have expressed interest in using all of the third floor of the courthouse. Tintle said if the Circuit Court leases this BOCC MEETING SEPTEMBER 13, 2023 PAGE 6 OF 11 space, the County could set aside that income and potentially be able to call the project bonds as soon as ten years from now. ADAIR: Move approval of Resolution 2023-051 authorizing financing of a project in a principal amount not to exceed $20,500,000 and refunding the County's Full Faith and Credit Bond CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone noted that Deschutes County has a low amount of debt proportionate to the county's size. 11. Pence Early Work Contract Amendment for the Deschutes County Courthouse Expansion Project Lee Randall, Facilities Director, explained that the purpose of the early work amendment is to authorize construction services prior to establishing the guaranteed maximum price of the project. Randall said the amendment would not increase the overall maximum estimate for the project. The work anticipated to be done includes early procurement of electrical and mechanical equipment, courtroom mock-up, site logistics, site utilities, demolition, earthwork, and providing a temporary construction entrance and egress. The company selected to serve as construction manager and general contractor, Pence Contractors, will conduct a competitive bidding process for needed materials and work to be performed by subcontractors. Eric Nielsen, Capital Project Manager, added that the needed permits will be staggered with infrastructure work anticipated to start in February, pending the City's permit review timelines. ADAIR: Move approval of Document No. 2023-839, Pence Early Work Contract Amendment for the Deschutes County Courthouse Expansion Project CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 12. Amendment #1 to Oregon Health Authority grant agreement #180009-1 for Public Health BOCC MEETING SEPTEMBER 13, 2023 PAGE 7 OF 11 Heather Kaisner, Public Health Director, said the proposed amendment to the intergovernmental agreement with Oregon Health Authority includes program element descriptions for the Ryan White and suicide prevention programs and provides new funding totaling $669,814.57 for certain efforts, including tobacco prevention and education and HIV early intervention and outreach. Commissioner DeBone expressed interest in learning how the County can be more strategic with regard to State funding of Public Health programs and initiatives. Commissioner Chang agreed that he would welcome more information on how Public Health engages in legislative analysis and advocacy. Kaisner shared that this week, the Oregon Coalition of Local Health Officials (CLHO) will hold its annual retreat. Kaisner said CLHO represents all of Oregon's 32 local public health departments; one of its key focuses is to advocate on behalf of its membership on issues and bills pertaining to public health. Commissioner DeBone asked that staff schedule a work session to enable the Board to learn more. CHANG: Move approval of Chair signature of Document No. 2023-819, an amendment to an intergovernmental agreement with Oregon Health Authority for funding of four program elements through June 30, 2024 ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 13. City of Bend Homeless Partnership: Franklin Avenue Shelter Contract Amendment Dan Emerson, Budget & Financial Planning Manager, said the amendment to the Franklin Avenue Shelter contract would remove the reference to "non - congregate" shelter. Emerson explained this change was requested by Shepherd's House for the purpose of better utilizing the space. Commissioner Adair noted that the capacity at the Navigation House will temporarily reduce due to remodel work in near future. She said some people may need to be relocated from there to the Franklin shelter. BOCC MEETING SEPTEMBER 13, 2023 PAGE 8 OF 11 Commissioner Chang said the change from non -congregate to congregate shelter will allow sheltering two or three non -related people in one of the converted hotel rooms instead of just one person. ADAIR: Move approval of County Administrator signature of Document No. 2023-845, an amendment to the contract with the City of Bend to use ARPA funds for the Franklin Avenue homeless shelter CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 14. Second reading and adoption of Ordinance No. 2023-020, amending Deschutes County Code relative to signs placed within the County road right-of-way Dave Doyle, County Counsel, said the Board conducted first reading of this ordinance on August 30`" CHANG: Move approval of second reading of Ordinance No. 2023-020 by title only ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Chair DeBone read the title of the ordinance into the record. ADAIR: Move adoption of Ordinance No. 2023-020 amending Title 10.05, Right of Way Signs, of the Deschutes County Code CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried Commissioner DeBone noted that the ordinance will take effect in 90 days. Commissioner Chang added this amendment will not prevent private property owners from displaying signs on their property. BOCC MEETING SEPTEMBER 13, 2023 PAGE 9 OF 11 OTHER ITEMS: • Jen Patterson, Strategic Initiatives Manager, relayed the City of La Pine's request for a letter of support for a technical assistance grant offered by the Department of Land Conservation and Development. The Board was in consensus to direct staff to draft a support letter as requested. • Commissioner DeBone said to accommodate the Simpson Avenue project groundbreaking at 11:30 on Monday, October 16th, the Board meeting that day will start at 1:30. • Commissioner DeBone relayed communication from the Eastern Oregon Counties Association (EOCA) regarding upcoming annual membership dues. Commissioner Chang wanted to evaluate the tangible outcomes of this membership, given the expense of $12,500. Commissioner Adair supported renewing the membership. Commissioner DeBone was open to discussing this further, noting that EOCA may lobby for legislation that Deschutes County aligns with. • Commissioner Chang announced that the State is preparing to release and solicit public input on its groundwater allocation rules. Saying this will be of particular interest to the City of Redmond, he said generic, one -size -fits -all rules would be problematic. Commissioner DeBone said the County's lobbyist Doug Riggs will be involved in evaluating these rules via the Central Oregon Cities Association. • Commissioner DeBone shared his attendance at recent SLED and Historical Society Board meetings and said he also met with St. Charles leadership regarding the Medicare situation. He added that he will attend the Central Oregon Health Council meeting tomorrow on Commissioner Adair's behalf as well as the Central Oregon Area Commission on Transportation. EXECUTIVE SESSION: At 11:05 am, the Board recessed into Executive Session under ORS 192.660 (2) (h) Litigation. At 11:38 am, the Board exited Executive Session to direct staff to proceed as discussed. At 11:38 am, the Board recessed into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. At 11:50 am, the Board exited Executive Session to direct staff to proceed as discussed. ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 11:50 am. BOCC MEETING SEPTEMBER 13, 2023 PAGE 10 OF 11 DATED this I day of Commissioners. ATTEST: RECORDING SECRETARY • /l 2023 for the Deschutes County Board of ANTHONY DEBONE, CHAIR PATTI ADAIR, VICE CHAIR PHIL CHANG, COM ISSIONER BOCC MEETING SEPTEMBER 13, 2023 PAGE 11 OF 11 BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 9:00 AM, WEDNESDAY, SEPTEMBER 13, 2023 Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 I www.deschutes.org AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. Alternatively, comments may be submitted on any topic at any time by emailing citizeninput@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://bit.ly/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you are called on. 11 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, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. 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. CONSENT AGENDA 1. Approval of Resolution No. 2023-053 accepting grant funding for the Victims of Crime Act and Criminal Fine Account and extending 2.7 FTE positions in the FY2023-24 Deschutes County Budget 2. Approval of Board Order No. 2023-035 authorizing the sale of property at 16609 Dillon Way in La Pine, and further authorizing the Deschutes County Property Manager to execute the documents associated with the sale 3. Approval of the procurement of four replacement dump trucks for the Road Department 4. Approval of the minutes of the August 9, 2023 BOCC meeting ACTION ITEMS 5. 9:10 AM Enterprise Zone Abatement Extension for BasX 6. 9:25 AM Senate Bill 80 - Wildfire Hazard Risk Mapping Discussion 7. 9:55 AM Public Hearing and consideration of Ordinance No. 2023-021 concerning the Local Wildfire Hazard Zone and Oregon Residential Specialty Code updates regarding wildfire hazard mitigation 8. 10:15AM Board Decision on Land Use File No. 247-23-000125-DR, Initiation of Use 9. 10:20 AM Second Reading of Ordinance No. 2023-015 - LBNW, LLC Plan Amendment / Zone Change September 13, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 10. 10:25 AM Authorization of Issuance of Debt for Courthouse Expansion and Potential Refinancing 11. 10:45 AM Pence Early Work Contract Amendment for the Deschutes County Courthouse Expansion Project 12. 10:55 AM Amendment #1 to Oregon Health Authority grant agreement #180009-1 for Public Health 13. 11:05 AM City of Bend Homeless Partnership: Franklin Avenue Shelter Contract Amendment 14. 11:15 AM Second reading and adoption of Ordinance No. 2023-020, amending Deschutes County Code relative to signs placed within the County road right-of-way 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. 15. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations ADJOURN September 13, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony short t.,evm ©c:ctAraory hdus-ei Subject: r Name G , - J Address 3) 2 N E Sr 1,1 5L �d C � r� vi ` 77L Date: 9113/zv Phone #s LI.$3 g D, 1A'ss E-mail address In Favor El Neutral/Undecided Submitting written documents as part of testimony? Yes If so, please give a copy to the Recording Secretary for the record. Opposed No SUBMIT COMPLETED REQUEST TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: September 13, 2023 SUBJECT: Senate Bill 80 - Wildfire Hazard Risk Mapping Discussion BACKGROUND AND POLICY IMPLICATIONS: Staff seeks direction from the Board with respect to preparing and offering technical input for the Oregon Department of Forestry (ODF) September 21, 2023, Wildfire Hazard Map meeting. Staff last discussed these items during a work session on August 21, 2023. In 2022, ODF and Oregon State University (OSU) developed administrative rules and a statewide wildfire risk map required under Senate Bill (SB) 762. The rules, adopted by the Board of Forestry, established the criteria by which the map was developed, updated, and maintained. The map also showed what properties in Oregon fall within the wildland-urban interface (WUI), as defined by the Board of Forestry in rule in 2021. The initial draft of the wildfire risk map was released on June 30, 2022. However, on August 4, 2022, the draft wildfire risk map was temporarily withdrawn for further refinement. SB 80, passed in the 2023 Oregon legislative session, outlines changes that ODF is required to make to the map before it goes public again. ODF and the Association of Oregon Counties (AOC) will be hosting a Wildfire Hazard Map meeting for District 2 which includes Deschutes County, immediately following the AOC Fall District Meeting at 2:aopm on Thursday, September 21 in Klamath Fails. ODF plans on bringing maps to serve as a starting place for the September 21 meeting. Draft copies of these maps have been provided to staff to identify areas and issues for discussion. It is also expected ODF will also come ready to discuss any comments raised previously by affected counties. BUDGET IMPACTS: None ATTENDANCE: Will Groves, Planning Manager Peter Gutowsky, AICP, Director Kevin Moriarty, Deschutes County Forester TES fJ MEMORANDUM COMMUNITY DEVELOPMENT TO: Deschutes County Board of Commissioners (Board) FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager Peter Gutowsky, Community Development Director Kevin Moriarty, County Forester DATE: September 6, 2023 SUBJECT: Senate Bill 80 - Statewide Wildfire Hazard Mapping Discussion I. BACKGROUND Certain properties in rural Deschutes County will likely be subject to new wildfire mitigation measures as approved under Senate Bill (SB) 7621 and ultimately amended pursuant to SB 802. One of the primary pieces of SB 762 and SB 80 is the creation of a comprehensive Statewide Wildfire Hazard Map to guide new wildfire regulations for development. The initial hazard map was made available on June 30, 2022. However, based on significant concern from citizens and interest groups through the state, the Oregon Department of Forestry (ODF) withdrew the initial map to provide more time for additional public outreach and refinement of hazard classification methodologies. SB 80, passed in the 2023 Oregon legislative session, outlines changes that ODF is required to make to the map before it goes public again. The bill changed the name of the map from "Wildfire Risk Map" to "Wildfire Hazard Map." It also reduced the score categories from the original five to three: low, medium, and high hazard. SB 80 also forbids insurance companies from using the map to set insurance rates for homeowners. The new roll out of the map does not have a deadline for completion, however it is anticipated for spring 2024. Under SB 80, once the Statewide Wildfire Hazard Maps are finalized, properties included in both a designated Wildland Urban Interface (WUI) boundary and classified as high hazard will be subject to additional development regulations. SB 80 requires that, at minimum, local governments ensure that properties meeting both of these standards will be subject to: 1 https://olis.oregonlegislature.gov/liz/2021 R1/Downloads/MeasureDocument/SB762/Enrolled 2 https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB80/Enrolled 1) Home hardening building codes as described in section R327 of the 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. ODF officials will be conducting extensive public hearings across the state to gather input. ODF and the Association of Oregon Counties (AOC) will be hosting a Wildfire Hazard Map meeting for District 2 which includes Deschutes County, immediately following the AOC Fall District Meeting at 2:00pm on Thursday, September 21 in Klamath Falls3. SB 80 states in Section 1(12): "... to ensure that local characteristics in each area of this state are considered in the mapping process and before the draft map is released, the department shall meet with County Commissioners and the county commissioners' staff in eight in -person meetings throughout this state." Legislative Intent for "county commissioners' staff" included County Planning Directors, Emergency Managers, and County Administrators. SB 80 goes on to say that after ODF meets with county commissioners and staff, they will have public hearings and opportunities for Oregonians to comment on the map. Then counties will have one additional meeting with the Department after those public meetings occur to review the latest map iteration. ODF plans on bringing maps to serve as a starting place for the September 21 meeting. Draft copies of these maps have been provided to staff and are attached to this memo to identify areas and issues for discussion. It is also expected ODF will also come ready to discuss any comments raised previously by affected counties. II. BOARD CONSIDERATION There are no specific decisions for the Board to make regarding the Statewide Wildfire Hazard Map at this time. However, the Board may wish to discuss and outline specific concerns regarding the Statewide Wildfire Hazard Map to be raised during the upcoming AOC meeting on September 21. Deschutes County staff, including the County Forester Kevin Moriarty, will be participating in these proceedings remotely and in person. Attachments: 1. Senate Bill 80 - Draft Deschutes County Wildfire Hazard Map 2. Senate Bill 762 - Deschutes County Wildfire Risk Map 3 District 2 includes Crook, Deschutes, Harney, Jefferson, Klamath, and Lake counties. Page 2 of 2 cts N 1 -o 0 CO 11110111111111111 a) co a) 0 N 0 N r-- N 0 (3) N tU N U 0 0 0 a) 0 a• ) c co .n O co > a 0 0 I to 0 N as co o co In 0 J Senate Bill 762 Wildfire Risk Map (AOC District 2 Meeting - 9/21/2023) O J KLAMATH CROOK Draft Senate Bill 80 Wildfire Hazard Deschutes County, Oregon State Highway Urban Growth Boundary Wildland-Urban Interface Senate Bill 80 Wildfire Hazard Zones Low Moderate High September 12. 2023 L V3 N CO CD i TY Co"§" 00 :en. r- Dr. n. 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V3 V3 N 0) • — 644,k Sunriver Area - Draft Senate faAtiiisaTiniZ„ q1111111161111111., ffoke _ 111111111111111111111111- 1111MIni1111M1niMEE. 1111111111Millies'i • . latift4VO4- 4Vik4t440,,,,, •a,••- Draft Statewide Wildfire Hazard Map - Deschutes County Estimates The following tables demonstrate draft estimates of properties within Deschutes County which are likely to be affected by the Statewide Wildfire Hazard Map mandated under Senate Bill (SB) 761 and modified pursuant to SB 80. The estimates are based upon data obtained from Oregon State University (OSU) and the Oregon Department of Forestry (ODF) in anticipation of upcoming meetings with Association of Oregon County (AOC) members in late summer and fall 2023. These estimates are subject to refinement and modification as new information becomes available. Table 1: Total High Hazard Destinations within WUI, Including UGBs Properties 26,103 Acres 91,544 Table 2: Total High Hazard Destinations within WUI, Outside UGBs Properties 20,864 Acres 84,957 Table 3: 50%+ High Hazard Designation within WUI, Outside UGBs Properties 16,999 Acres 66,098 Table 4: 50%+ High Hazard Designation within WUI, Outside UGBs Zoning Properties Black Butte Ranch (BBRR) 19 Exclusive Farm Use (EFU) 2,227 Forest Use (F1/F2) 440 Multiple Use Agricultural (MUA10) 2768 Open Space & Conservation (OS&C) 5 Rural Commercial (RC) 8 Rural Residential (RR10) 10345 Rural Service Center (RSC) 11 Suburban Residential (SR 2.5) 61 Sunriver Single Family Residential District (SURS) 11 Tumalo Residential 5 Acre Minimum District (TUR5) 90 Tumalo Residential District (TUR) 26 Urban Area Reserve (UAR10) 964 Westside Transect (WTZ) 34 Table 5: Public Ownership, 50%+ High Hazard Designation within WUl, Outside UGBs Ownership Properties Acres Local (Fire Districts, School District, etc.) 49 -276 County 159 -424 State 28 -178 Federal 17 -664 Page 2 of 2