2024-314-Resolution No. 2024-046 Recorded 11/7/2024 •
BEND CITY COUNCIL.RESOLUTION NO. 3401 ::
DESCHUTES COUNTY RESOLUTION NO. 2024-04.6. : : ; .
A JOINT RESOLUTION OF:T E B. ND. : ITYCOUNCIL AND THE BOARD F '"
COMMISSIONERS OF DESCHUTES COUNTY TO AUTHORIZE TEMPORARY
OVERNIGHT VEHICLE CAMPING:AND IMPROVE SAFETY, SANITATION, AND -
CASEMANAGEMENT ON PUBLICLY OWNED LAND AT JUNIPER RIDGE
Findings
Deschutes Coun Oregon ("County"),:and:the Cityof:B.end, an Oregon .
municipal corporation_.("City"), are political subdivisions of the State of Oregon. ..
.. B. The County and the City each own land iin:Deschutes County:north of the city:::
limits of Bend and outside the Bend.urban"growth boundary, adjacent US-97:and the .
Burlington Northern Santa Fe Railroad:tracks. This area is part of an area commonly
referred to as "Juni er Ride"._S.taff estimate"a roximatel 37 eo .le.are residin in 21 '
P. 9 Pp Y P p 9: .
unpermitted and unauthorized campsites on the:County's property,and that there:are::
:approximately 50-60:unpermitted and unauthorized camps west of the railroad tracks :
:. and fewer.than•20'campsites,east of the railroad.tracks on the.City's.property:These. . :
numbers can fluctuate based on the season and:circumstances:: ::
C. : Camping, survival sheltering,:and.other overnight uses of the land without ::.
.
services or facilities at Juniper Ridge has resulted in unpermitted and potentially-unsafe '
'. - conditions, including unpermitted structures, roadways and trails, disposal of human: :
. and:solid waste:and;debris, and other unsafe and unsanitary conditions.:'Unmanaged
. camping without appropriate facilities"can pose.fire danger and imperil:public'health and • : • . - ..
safety, both:for the larger community and people:seeking shelter:on-public land. : :
.Si nificant fires threatened safet �and- in 2020 and 2024,:in addition' to smaller
9 . Y ppdY •.. . .
'fres:at other times, and the risk of wild.land fires is extreme:and increasing.::Juniper
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Ridge has:also been used as:a-site for illicit and unlawful dumping of garbage and :
" vehicles,:which poses a threat to health and safety, the environment; and the public,
:including people seeking shelter on:Juniper Ridge.
. . D. Unmanaged camping:and unlawful access to the City's property at Juniper Ridge .•
' ' . has resulted in unpermitted and unsafe crossings of the Burlington Northern Santa Fe • . . '
'railroad tracks within_the City's property, including at crossings_licensed;only for the __.
City's own use and at unimproved crossings.:Crossing of the:railroad tracks poses`":;:.
significant Oafety risks for.p00.010 making such unpermitted crossings, the safe operation
:Of the railroad, and the.safety of the:community. Unpermied use of the:City's:licensed
-:" •crossings jeopardizes'the ability of the City.to maintain its license to use these -
crossings,.which are essential:to the City'saccess:to its property at Juniper Ridge:: :::::
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Recorded in Deschutes County
CJ2024-314
- City Resolution:No. 3401 : i:: Steve Dennison, County Clerk
County Resolution No.:2024-046 "
Commissioners'Journal 11/07/2024 8:26:47 AM
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... ... .. � 2024-314
E. Camping, sheltering, or otherwise using facilities intended for conveyance of
irrigation water and City facilities intended for the treatment of drinking water and
wastewater is a threat to public health and safety.
F. The County and the City are committed to addressing homelessness in the area
by increasing housing, case management, and a continuum of shelter options. Both
entities have provided funding for case management and other services, shelter beds,
safe parking locations, and permanent and supportive housing for people experiencing
homelessness. In 2021, the City adopted codes authorizing temporary overnight vehicle
use and transitional housing accommodations for individuals who lack permanent or
safe shelter and who cannot be placed in other low-income housing, as allowed by ORS
195.520 (formerly ORS 203.082, as amended by HB 2006, Section 6 (2021)) and ORS
197.746 (formerly ORS 446.265), referred to as "Safe Parking." The City supports
development of hundreds of units of affordable housing and shelters through its
Affordable Housing Fee, Community Development Block Grants, Commercial and
Industrial Construction Excise Tax, and other funding sources. There are over 250
shelter beds and temporary shelter units directly supported by the City, including 16
units at Safe Parking sites in the City.
G. The County adopted an order allowing property owners to allow overnight
camping in vehicles on lands zoned for certain uses within one mile of the City of Bend
and City of Redmond urban growth boundaries, as allowed by ORS 195.520 (formerly
ORS 203.082, as amended by HB 2006, Section 6 (2021)), also referred to as "Safe
Parking". The County is additionally supporting the development of over 100 units of
shelter and supportive housing. Both the City and County have elected officials serving
on the board of the Coordinated Houseless Response Office, set up by agreement of
the County and cities in Deschutes County under HB 4123 (2022), to coordinate efforts
for the purpose of strengthening Central Oregon's houseless response system.
H. On May.31, 2023, the County initiated a code enforcement action against itself
and the City relating to conditions on the properties owned by each entity, including
building codes, environmental health/sanitation, solid waste, and other health and safety
issues (the "Code Enforcement Action").
I. Both the City and County have made efforts to improve public safety and reduce
harms posed by unmanaged camping on their properties at Juniper Ridge. Beginning in
2024, the County and City have provided portable toilets, potable water, and dumpsters
on its land at Juniper Ridge. The County contracts with a security contractor that has
provided connections to resources and services. The City has removed approximately
131,000 pounds of solid waste, 879 discarded tires, and 39 abandoned campsites from
its property at Juniper Ridge. Independent service providers are also in contact with
individuals camping on the lands owned by the City and County, building relationships
and providing resources and connections to more stable living situations, including
shelter and permanent housing.
J. Sanitation facilities and housing-focused case management are essential to
City Resolution No.
County Resolution No. 2024-046
Page 2 of 6
improving the risks to public safety posed by unmanaged camping.
K. The Bend City Council and Deschutes County Board of Commissioners held a
joint meeting on September 5, 2024, where they discussed, among other items, Juniper
Ridge Management Strategy and addressing homelessness. The Council and the Board
of Commissioners unanimously agreed on a set of action items, including establishment
of a Temporary Safe Stay Area on a portion of lands owned by the City and the County
at Juniper Ridge, with direction to staff to coordinate legal and siting issues,
communication and outreach, and scoping of on-site services including intensive case
management, full closure of areas of Juniper Ridge outside the Temporary Safe Stay
Area, continued coordination on fire fuel reduction, and allocation and leverage of
county-wide resources to assist in case management and operations for the Temporary
Safe Stay Area. This resolution is the first step in implementing the direction agreed to
at the joint meeting.
L. ORS 195.520 enables political subdivisions of the State of Oregon to allow any
public or private entity to allow overnight camping by homeless individuals living in
vehicles on the property of the entity. The political subdivision may impose reasonable
conditions upon offering camping space under this section, including establishing a
maximum number of vehicles allowed. Under this statute, entities providing camping
spaces must also provide access to sanitary facilities, including toilet, handwashing and
trash disposal facilities. ORS 195.520 does not distinguish between areas inside or
outside of city limits or urban growth boundaries, and does not refer to zoning.
M. Permanent improvements for homeless facilities are not allowed uses of the land
at Juniper Ridge under the present zoning and development code of Deschutes County.
This resolution is not intended to allow any camping by homeless individuals at Juniper
Ridge other than vehicle camping as described in this resolution and implementing
documents. The activities authorized by this Resolution are not intended to be
permanent.
N. This resolution is not intended to be a land use decision.
Now, therefore, based on these findings,
THE CITY COUNCIL OF THE CITY OF BEND and THE BOARD OF
COMMISSIONERS OF DESCHUTES COUNTY JOINTLY RESOLVE AS FOLLOWS:
1. Temporary Safe Stay Area for Vehicles under ORS 195.520. Overnight camping
by homeless individuals living in vehicles is temporarily allowed on a portion of property
owned by the City and County in the area known as Juniper Ridge, as shown on the
attached Exhibit A (the "Temporary Safe Stay Area" or"TSAR"), to mitigate dangers to
public health and safety resulting from unmanaged camping currently occurring on the
property of each entity, as authorized by the Oregon legislature under ORS 195.520.
Camping within the TSSA should be clustered and limited to locations with existing
impacts, which represents approximately 40 acres, as shown on the attached Exhibit A,
City Resolution No.
County Resolution No. 2024-046
Page 3 of 6
by use of land management and outreach strategies, and reduced over time to
approximately 20 acres in the second year of this resolution. The TSSA will not be
available to homeless individuals not living in vehicles. A "vehicle" includes a car,
camper, trailer, recreational vehicle, or other structure intended to be movable by
towing.
2. Intent of TSSA. The intent of the TSSA is to mitigate and improve the health and
safety risks associated with unmanaged camping, and to provide improved sanitation
services and case management to facilitate people camping at Juniper Ridge moving
into safer shelter or housing.
3. Commitment for funding. The City and County commit to negotiating an
intergovernmental agreement (IGA), with each party providing funds toward additional
services for people who camp overnight in vehicles in the TSSA, including:
a. Sanitary facilities, including toilet, handwashing and trash disposal
facilities;
b. Housing-focused case management services, including appropriate follow-
up and metrics; and
c. Land management strategies that provide a framework for rules of
conduct including property clean-up efforts and security (see paragraphs 4
and 5 below for details).
4. Funding and duration of TSSA. The funds anticipated to be allocated to this effort
originate with the American Rescue Plan Act.(ARPA), and must be expended by the
end of 2026. Therefore, the TSSA is intended to close no later than December 31,
2026, after which time public access, camping, and overnight vehicle use will no longer
be allowed on the City and County properties. Any suspension of the TSSA by either
the City or County before December 31, 2026, may occur only after consultation
between the City Council and Board of County Commissioners, and then by formal
action of the governing bodies.
5. Additional future agreements. City and County staff are authorized and directed
to work collaboratively on agreements to leverage existing contracts and procurement
efforts to expand a security presence onto the City's land west of the railroad tracks,
establish case management for housing connections, at the TSSA, and engage in
continued coordination on fire fuel reduction and other fire reduction strategies. Staff are
further directed to develop an intergovernmental agreement, memorandum of
understanding, joint administrative policies, or other regulatory approaches, to mitigate
and improve safety conditions for the community and people staying in the area and
address steps each entity can take to work toward compliance under the Code
Enforcement Action. These administrative actions should address, at a minimum:
a. Enforcement and monitoring strategy;
City Resolution No.
County Resolution No. 2024-046
Page4of6
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b. Access by emergency services and how emergency services can obtain
information about where people are staying within the TSSA;
c. Reduction in unlawful access points from US-97 to the County's property;
d. Enforcement strategy toward remedying unlawful structures and unlawful
dumping of black water and waste;
e. Management for sanitary, handwashing, potable water, and wastewater
disposal, including during winter months;
f. Coordination between County Counsel and the City Attorney's Office
including joint defense obligations if appropriate; and
g. Reasonable rules describing open flame, cooking, and warming fires, and
an enforcement strategy.
6. Continued services and enforcement. The City will continue and expand
contracts for fuels reduction and clean-up of solid waste, debris, abandoned campsites,
and abandoned vehicles on its property at Juniper Ridge. The City will develop an
enforcement and monitoring strategy to enforce a prohibition on camping and other
unlawful uses of its property east of the railroad tracks. The County will continue its
contracts for sanitation and hygiene services, and both entities will work together on
contracting for additional services including sanitation, hygiene, and housing-focused
case management in the Temporary Safe Stay Area.
7. Closure of the eastern portion of the City's property. The City will make concerted
efforts to remove all people camping on the portion of its property at Juniper Ridge east
of the Burlington Northern Santa Fe Railroad tracks, by May 31, 2025. The process and
notice for removal will be through the City's revised Administrative Policy on Removal of
City-Owned Property Outside City Limits, with an implementation plan to provide
additional advance notice and coordination with service providers for outreach to the
individuals camping at Juniper Ridge.
8. Limited authorization. The allowance for overnight camping by homeless
individuals living in vehicles applies only to the area identified as the TSSA. All other
areas of Juniper Ridge are intended to be closed to camping, consistent with the City's
revised Administrative Policy on Removal of City-Owned Property Outside City Limits
and applicable County policies on land management and encampment removal. This
resolution does not authorize any other property owner to allow overnight camping by
homeless individuals living in vehicles on their property, except as may be otherwise
allowed by separate provisions of the Bend City Code or orders of the Board of
Commissioners of Deschutes County.
9. This resolution is effective on signing by both the City and County.
Adopted by the Bend City Council on , 2024.
City Resolution No.
County Resolution No. 2024-046
Page 5 of 6
YES: NO:
Melanie Kebler, Mayor
Attest: Approved as to form:
Morgen Fry, Bend City Recorder Mary A. Winters, City Attorney
Adopted by the Board of Commissioners for Deschutes County on October 23, 2024.
THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PA I ADAIR, Chair
A/Z9EA'\.._
ANTHONY DEBONE, Vice-Chair
PHIL CHANG, Commissioner
Attest:
—P21'\,wNgsL. 1-);)-- rd\oL
Deschutes County Recording Secretary
City Resolution No.
County Resolution No. 2024-046
Page 6 of 6
Adopted by the Bend City Council on October 29, 2024. .. •
":YES:,,Mayor Melanie Kebler. NO: None : .
Mayor Pro Tern Megan.Perkins
Councilor Barb Campbell: : ..
CouncilorArielMendez -
Councilor Anthony Broadman -j..
Meanie. ebler, Mayor
Councilor.Mike Riley- -
Councilor Megan Norris
.
•
Attest: :
.. . Approved as to form: '
. ,
Morgen Fry, Bend City.Recorder : Ma A Winters, Attorne
d ,
- Oct : ::
3
• Adopted by the Board of Commissioners for Deschutes County on, 2024.
THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTESCOUNTY, OREGON
:
:. P• ATTI'ADAIR, Chair. .. .
.
ANTHONY DEBONE, Vice-Chair
PHIL:CHANG, Commissioner :
.:. . :Attest: --
-Deschutes County Recording Secretary - .:. • • -- • • - •
City Resolution No. 3.401 . . . ,-
County Resolution No.2024-046 • • .
Page 6.of'6.
:..EXHIBIT A':
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'TEMPORARY'SAFE STAY-AREA . . .. .
• OCTOBER 8, 2024 •• • • - •. •• - • . 11100 .•
Temporary Safe_Stay Area ®City Limits_ :. . - ' O Major Roads - * - C) - - - - .
0•Cluster Use Areas;: Urban Growth Boundary Local Streets.-
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0 250 500 1,000
0 City owned . :E Taxlots +! Railroad Feet .. C : -
•• - .. "' .- ' • ' -" -' Mapprepared :Cityof Bend -PP y ITY OR BEND
:Parks Print Date:Oct 22,2024 - ' This map Is for reference purposes only. Care
a �eSChuteS County - - was taken in the creation of this map,but it is
:. : Sources:City of Bend,Deschutes
provided"AS IS.°Please contact the City of Bend
" '" - County : to verify map information or to:report any errors.