2024-326-Minutes for Meeting October 09,2024 Recorded 11/15/2024BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County CJ2024-326
Steve Dennison; County Clerk
Commissioners' Journal 11/15/2024 9:03:18 AM
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FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
9:00 AM
WEDNESDAY October 9, 2024
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Patti Adair, Tony DeBone and Phil Chang. Also present were
County Administrator Nick Lelack, Senior Assistant Legal 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 webpage www.deschutes.org/meetings.
CALL TO ORDER: Chair Adair called the meeting to order at 9:00 am.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None
CONSENT AGENDA: Before the Board was consideration of the Consent Agenda.
1. Approval of an agreement to purchase a motor grader from Peterson Machinery
2. Approval of minutes of the BOCC September 4 and 11, 2024 meetings
DEBONE: Move to approve the Consent Agenda as presented
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
BOCC MEETING
OCTOBER 9, 2024 PAGE 1 OF 9
ACTION ITEMS:
3. Second Reading of Ordinance No. 2024-008: 2024 Housekeeping Text
Amendments
Kyle Collins, Associate Planner, presented Ordinance No. 2024-008 for
consideration of second reading and adoption, noting that the Board had
approved first reading on September 25tn
DEBONE: Move approval of second reading of Ordinance No. 2024-008 by
title only
CHANG: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
Chair Adair read the title of the ordinance into the record.
CHANG: Move to adopt Ordinance No. 2024-008, amending Deschutes County
Code Title 15, Buildings and Construction, Title 18, Zoning Ordinance,
Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures
Ordinance, to Incorporate changes to State and Federal law, and
provide clarification of existing regulations, procedures and policies
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
4. Oregon Health Authority Behavioral Health Initiative for Older Adults
Kara Cronin, Behavioral Health Program Manager, sought authorization to apply
for $120,000 of funding from the Oregon Health Authority to support a new 1.0
FTE Behavioral Health Specialist II position. Cronin explained that this person
would facilitate collaboration among various partner entities to support older
adults and people with disabilities. The position would also allow the provision of
direct care to older adults whose situations warrant it.
In response to Commissioner Chang, Cronin said while the County currently
offers programs and services to older adults, the additional funds would be used
to embark on a coordinated effort with community partners to provide more
intensive, one-on-one services to this population.
BOCC MEETING
OCTOBER 9, 2024 PAGE 2 OF 9
Responding to Commissioner DeBone, Cronin said Health Services recommends
adding this Specialist position as a full-time, regular position as it is expected that
the funding will continue.
CHANG: Move to authorize the application for Oregon Health Authority Older
Adult Behavioral Health Initiative funding
DEBONE: Second
VOTE: CHANG: Yes
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried
Other Items was taken up before agenda item 5. (see page 7 for continued Other Items).
OTHER ITEMS:
• Commissioner DeBone said at last night's meeting of the Deschutes County
Historical Society, the Society's Board approved its budget for the upcoming year.
He shared the expression of appreciation that the maintenance and utility costs of
the County -owned building used by the Society are covered by the County.
• Commissioner DeBone added that the Society's annual chili feed fundraiser will be
on November 8tn and 9tn
• Commissioner Chang announced a ribbon -cutting event today for the US Hwy 97
North Bend corridor project.
• Commissioner Chang will attend, as a member, tomorrow's Oregon Transportation
Commission meeting in Bend.
• Commissioner Adair stated the need for better signage on Highway 97 at Empire
heading to Highway 20.
• Commissioner Adair reported on a luncheon tea hosted yesterday by MPerfectly,
an organization founded by Ashley Smith which helps women who have been
homeless and/or imprisoned to successfully integrate back into society.
5. Update on Oregon's drug overdose mortality crisis
Emily Horton, Public Health Program Manager, introduced Mathew Christensen,
Epidemiologist, who provided an update on Oregon's drug overdose mortality
crisis.
Christensen reported that in the last four years, the number of drug overdoses
significantly increased in Oregon along with the rest of the West Coast. 2023 saw
the largest single -year increase in the number of drug overdoses in Oregon, with
BOCC MEETING
OCTOBER 9, 2024 PAGE 3 OF 9
the rate substantially higher than the national rate. While Deschutes County has
seen lower rates than in other areas, the number of ODs has also increased here.
Commissioner DeBone asked if the overdoses pertain to just opioids, or to all
drugs. Christensen said all unintentional drug overdoses are included in the total
count, with the primary substances involved being methamphetamine, fentanyl,
heroin and alcohol.
Christensen shared information on drug OD mortality rates across the country,
saying that the impact of fentanyl was experienced first on the East Coast and
then in the South, arriving on the West Coast in 2019. He reviewed statistics on
drug OD death rates across Oregon and said five Oregon counties —Multnomah,
Lane, Jackson, Josephine and Curry —experience some of the highest drug OD
mortality rates in the nation.
Commissioner Adair shared that Jefferson County has installed a billboard to
inform the public that fentanyl is responsible for most deaths of persons aged
18-45.
Christensen spoke to the relatively new phenomenon of drug overdose
mortalities in which fentanyl and meth were both present in a person's system at
the time of death. He shared that emergency department (ED) visits for opioid
overdoses appear to have peaked in Oregon in August of 2023, having declined
somewhat since that time. This is also true for opioid ODs in Central Oregon.
Commissioner Adair asked if part of the reason for the decrease in ED visits is
due to the growing availability of Narcan. Christensen said the reasons for the
decline are not yet known.
In response to Commissioner Chang, Christensen said mortality data for Oregon
is not yet available for 2024, but in the past, the number of ED visits has been
correlated with the number of overdose deaths. Christensen shared information
culled from wastewater data from the City of Bend which indicate a lower usage
incidence than nationally for fentanyl but not for meth.
Discussion ensued about how to reduce overdose deaths and mortality risk by
interrupting the drug supply and reducing the demand for drugs.
In response to Commissioner Chang, Christensen said of the 27 drug overdose
deaths this year in Deschutes County, 60% of the people who died were housed.
Another 10% were missing data on their housing status, and 30% were unhoused
or temporarily housed in a shelter, vehicle or tent.
BOCC MEETING
OCTOBER 9, 2024 PAGE 4 OF 9
Commissioner Chang noted that the current decline in ED visits predates the
Measure 110 reform efforts. Christensen expected to gain a clearer picture of the
situation and, if the numbers continue to decline, what the reasons are for that.
Commissioner Adair said Deschutes County is fortunate to have Ideal Option in
Bend, which offers addiction treatment to those needing it.
Jess Neuwirth, Program Supervisor, said because overdoses are declining across
the country, she believed that prevention, harm reduction and treatment
services, and health education and promotion efforts —including in schools and
colleges —are having an effect.
Responding to Commissioner Adair, Neuwirth said if someone overdoses on a
weekend, they can seek help at the Stabilization Center.
Ana Woodburn, Overdose Prevention Strategist, said it is ideal if an addicted
person released from jail or the hospital is released directly to treatment care.
Commissioner Chang added that Best Care's Taylor Center is open every day for
consultation and services.
6. Board deliberations for a proposed Plan Amendment and Zone Change for
approximately 65 acres at 19975 Destiny Court
Anthony Raguine, Principal Planner, reminded that a public hearing was held
before the Board on July 24th on an application to change the Comprehensive
Plan designation of approximately 65 acres at 19975 Destiny Court from
Agricultural to Rural Residential Exception with a corresponding Zone change
from Exclusive Farm Use to Multiple Use Agricultural.
In response to Commissioner Chang, Raguine said the property does not have
water rights.
Commissioner Chang asked if the property has been farmed recently. Raguine
said the photos submitted into the record showing farming activity on the
property were taken in 2012. Raguine added that the irrigation system was
dismantled and removed after the effort to use the land for grazing failed.
Raguine presented the decision matrix to the Board, as follows:
1. Is the subject property agricultural land with respect to its soils?
BOCC MEETING
OCTOBER 9, 2024 PAGE 5 OF 9
A majority of the Board was in consensus that the subject property is not
agricultural land with respect to its soils.
2. Is the property agricultural land with respect to applicable Oregon
Administrative Rule (OAR) factors?
A majority of the Board was in consensus that the property is not agricultural
land with respect to applicable OAR factors.
3. Is the property agricultural land considering adjacent or nearby agricultural
lands?
A majority of the Board was in consensus that the property is not agricultural
land considering adjacent or nearby agricultural lands.
4. Would the zone change result in urbanization such that a Goal 14 exception
is required?
A majority of the Board was in consensus that the zone change would not
result in urbanization such that a Goal 14 exception is required.
5. This zone change would allow ADUs on the subject property. Would this then
comply with the Transportation Planning Rule analysis?
A majority of the Board was in consensus that allowing ADUs on the subject
property would comply with the Transportation Planning Rule analysis.
6. Does the Board adopt the findings of the Hearings Officer as its own, except
as modified by its deliberations?
A majority of the Board was in consensus to adopt the findings of the
Hearings Officer as the Board's own, except as modified by deliberations.
DEBONE: Move approval of the application to change the Comprehensive Plan
designation of approximately 65 acres at 19975 Destiny Court from
Agricultural to Rural Residential Exception with a corresponding Zone
change from Exclusive Farm Use to Multiple Use Agricultural; written
decision to follow
ADAIR: Second
VOTE: CHANG: No
DEBONE: Yes
ADAIR: Chair votes yes. Motion Carried 2 - 1
BOCC MEETING
OCTOBER 9, 2024 PAGE 6 OF 9
Commissioner Chang said while he appreciated the idea of urban growth
feathering into the rural environment, it is hard to say where the urban ends and
the rural begins, given the transitional area which exists between them. He said
mediocre soils can be dramatically improved and potentially farmed for profit.
Raguine confirmed he will return with a draft formal decision for the Board's
consideration.
OTHER ITEMS:
• Erik Kropp, Deputy County Administrator, presented a draft joint resolution with the
City of Bend outlining a temporary safe stay area at Juniper Ridge for vehicle
camping, noting this proposal is the result of the joint meeting with the Bend City
Council on September 5th regarding unsanctioned encampments northeast of Bend
on property owned by the City and by the County.
Commissioner DeBone referred to a report from Community Development staff
on the proposed establishment of a temporary safe stay area which suggested
potential issues for the Board's consideration.
Commissioner Adair supported clearly defining what will and will not be allowed.
Kropp explained that the proposal is to render much of the City -owned land in this
area off-limits and allow vehicle camping on 170 acres.
Commissioner Adair said the area allowed for encampments should be smaller than
170 acres.
Kropp added that the proposal is not for a managed camp, but rather for an area
where people would be allowed to temporarily live in a vehicle.
Referring to the number of fires started this year by persons living in encampments,
Commissioner Adair advocated for more clarity and rules.
Commissioner Chang believed it possible to accomplish desired outcomes without
formally designating a safe stay area in the face of differing legal opinions. He said
providing expanded case management services to help move people out of
homelessness is not a matter of land use, and he did not support taking action that
would entail legal land use implications. Noting that the proposal would disallow
and move camps off of property owned by the City but not from property owned by
the County, he advised informally coordinating with the City to provide case
management and support services to homeless persons in this area.
BOCC MEETING
OCTOBER 9, 2024 PAGE 7 OF 9
Commissioner DeBone supported proceeding in partnership with the City of Bend
as proposed, saying this would show support for people in need while clarifying
expectations as far as how the land is used. As he shared his support for the draft
resolution and its intention, he asked if this area should be referred to as "Juniper
Ridge" or more generically.
Saying that the County is already providing portable toilets and dumpsters on the
50 acres owned by it, Commissioner Chang was comfortable with each jurisdiction
setting up parameters with regard to encampments on property owned by it, and
coordinating together on the provision of case management and support services.
Commissioner Adair agreed that case management is critical to changing the living
situation of homeless persons. She supported consolidating encampments on five
acres rather than the current 50 where people are currently camping, saying that
unsanctioned camping has gone on for years and the County should take control of
its land.
Commissioner Chang said the County has achieved gains in safety and stability with
regard to encampments on the 50 acres it owns in Juniper Ridge, and now is the
time to add case management services. He stressed that safe parking programs
work because they offer a safe, stable place to shelter along with case management.
Commissioner Adair agreed that daily case management services are needed. She
further supported clearing the known chop shop from this area.
Commissioner Chang said the desired outcomes could be accomplished with an
intergovernmental agreement instead of a formal resolution.
Commissioner DeBone reiterated his support for partnering with the City to define
the 170 acres as a temporary safe stay area as proposed.
Following further discussion, the Board was in consensus to present two different
proposals to the public next week for input at a public hearing, as follows:
1. The draft joint resolution with the City of Bend outlining a temporary safe stay
area at Juniper Ridge for vehicle camping; and
2. An intergovernmental agreement to coordinate with the City on case
management and supportive services to homeless persons at Juniper Ridge.
• Commissioner DeBone commented on the field hearing held yesterday by the
House Natural Resources Subcommittee on Water, Wildlife and Fisheries at the
Fairgrounds for the purpose of discussing Central Oregon's water supply.
BOCC MEETING
OCTOBER 9, 2024 PAGE 8 OF 9
Commissioner Chang asked what kind of solutions were offered to address Central
Oregon's groundwater concerns.
Commissioner DeBone responded that the hearing was informational.
Commissioner Adair added that bullfrog eggs are supposed to be destroyed in June.
Congressman Bentz said his staff will follow up with Fish and Wildlife for numbers.
• Commissioner DeBone reported that the board of the La Pine Parks & Recreation
District has resigned en masse, along with the district's director. The Board of
County Commissioners now has the responsibility of appointing new board
members.
Commissioner Chang spoke to the need to hear from all sides regarding the conflict
which led to the resignations before any new appointments are made.
EXECUTIVE SESSION: None
ADJOURN:
Being no further items to come before/the Board, the meeting was adjourned at 11:36 am.
DATED this 1 ay of NO"
" �tk--, 2024 for the Deschutes County Board of
Commissioners.
PA TI ADAIR, CHAIR
ATTEST:
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RECORDING SECRETARY
BOCC MEETING
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, CO MISSIONER
OCTOBER 9, 2024 PAGE 9 OF 9
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BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, OCTOBER 9, 2024
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 attend the meeting virtually 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/3h3oqdD.
• 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 *9 to indicate you would like to speak and
*6 to unmute yourself when you are called on.
• When it is your turn to provide testimony, you will be promoted from an attendee to a panelist.
You may experience a brief pause as your meeting status changes. Once you have joined as a
panelist, you will be able to turn on your camera, if you would like to.
to
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 an agreement to purchase a motor grader from Peterson Machinery
2. Approval of minutes of the BOCC September 4 and 11, 2024 meetings
ACTION ITEMS
3. 9:10 AM Second Reading of Ordinance No. 2024-008: 2024 Housekeeping Text
Amendments
4. 9:15 AM Oregon Health Authority Behavioral Health Initiative for Older Adults
5. 9:30 AM Update on Oregon's drug overdose mortality crisis
6. 10:30 AM Board deliberations for a proposed Plan Amendment and Zone Change for
approximately 65 acres at 19975 Destiny Court
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
October 09, 2024
BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: October 9, 2024
SUBJECT: Oregon Health Authority Behavioral Health Initiative for Older Adults
RECOMMENDED MOTION:
Move approval to apply for Oregon Health Authority Older Adult Behavioral Health
Initiative funding.
BACKGROUND AND POLICY IMPLICATIONS:
Oregon Health Authority's (OHA) Older Adult Behavioral Health Initiative was launched to
meet the needs of Oregon's older adults by improving timely access to care from qualified
providers who work to provide coordinated and culturally -responsive behavioral health
and wellness services. OHA currently funds and supports specialists who are trained in
social work or psychology and who work to: promote collaboration and coordination
among core stakeholders and partners; provide complex case consultation for older adults
and people with disabilities; and offer community education along with workforce
development training to professionals. OHA has requested that Deschutes County Health
Services (DCHS) take on this scope of work.
DCHS is requesting approval from the Board to apply for $120,000 of funding to support a
new 1.0 FTE Behavioral Health Specialist II position and 15% indirect costs. This person
would perform the duties described above and additionally provide direct care to older
adults whose situations warrant it. If the funds are awarded, DCHS will return to the Board
for approval to accept the funding and add the position.
BUDGET IMPACTS:
If awarded, $120,000 revenue for fiscal year 2025 for the term November 1, 2024 to June
30, 2025.
ATTENDANCE:
Kara Cronin, Behavioral Health Program Manager
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: October 9, 2024
SUBJECT: Update on Oregon's drug overdose mortality crisis
BACKGROUND AND POLICY IMPLICATIONS:
For four consecutive years (2020-2023), drug overdose mortality rates substantially
increased in Oregon. While in 2019 the State had one of the lowest per capita overdose
mortality rates, in 2023 it had one of the highest. During that same period, Deschutes
County likewise experienced an increase in drug overdose deaths.
In this presentation, staff will provide information on drug overdose mortality rates in
Deschutes County and how these compare with rates in Oregon and across the country
along with reports from local data sources (Emergency Department visits and Bend
wastewater data) which indicate declining numbers of overdoses in 2024.
BUDGET IMPACTS:
None
ATTENDANCE:
Mathew Christensen, Public Health Epidemiologist
Emily Horton, Public Health Program Manager
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BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: October 9, 2024
SUBJECT: Board deliberations for a proposed Plan Amendment and Zone Change for
approximately 65 acres at 19975 Destiny Court
RECOMMENDED MOTION:
Conduct deliberations to determine whether the proposed Plan Amendment (PA) and Zone
Change (ZC) should be approved or denied.
Upon conclusion of the deliberations, the Board may:
• Approve the PA/ZC
• Deny the PA/ZC
• Continue deliberations to a date to be determined
BACKGROUND AND POLICY IMPLICATIONS:
The applicant, Destiny Court Properties, LLC, requests that the Comprehensive Plan
designation of the property be changed from Agricultural to Rural Residential Exception
Area and that the Zone be changed from Exclusive Farm Use to Multiple Use Agricultural.
A public hearing before a Hearings Officer was held on February 27, 2023, with the
Hearings Officer issuing a recommendation of approval. A public hearing before the Board
was held on July 24, 2024.
BUDGET IMPACTS:
None
ATTENDANCE:
Anthony Raguine, Principal Planner
BOCC DECISION MATRIX
DESTINY COURT PLAN AMENDMENT
Land Use File Nos. 247-22-000436-ZC,
(PA) / ZONE CHANGE (ZC)
443-PA
Issue Area
Applicable Approval
Criteria
Objections and Arguments
Arguments and Findings in Support
Board Decision
1
is the subject
property
agricultural land
with respect to
soils?
Goal 3 and Oregon
Administrative Rule (OAR)
660-033-0020(1)(a)(A).
In Eastern Oregon,specificobjectionsThe
agricultural lands are those
lands classified by the U.S.
Natural Resources
Conservation Service as
predominantly Class I -VI
soils.
No related to the soil
study or the classification of soils on the
property were submitted to the record.
Hearings Officer found the property is predominantly Class VII and VIII
soils based on the soils study.
Is the subject property
agricultural land with respect
to soils?
1. If no, the Board can
continue deliberations
and move to approve
the PA/ZC.
2. If yes, the Board can
move to deny the
PA/ZC.
247-22-000436-ZC, 443-PA BOCC Decision Matrix
BOCC DECISION MATRIX
11cC"i"ln V r11 1DT n1 n n
VLJ 1 INM I COUR 1 rLf- lli
Land Use File
n e��� rn�nn
f-�IVICIVL�IV
Nos. 247-22-000436-ZC,_443-PA
nrnt�- /n n \ / ��n r �� � n n� r I-��l
EN 1 (PA) ZONE l.il-ll NGE �ZC)
2:
Issue Area
Applicable Approval
Criteria
Objections and Arguments
Arguments and Findings in Support
Ronrci npcisic
2
Is the property
agricultural land
with res ect to•
p
applicable OAR
factors?
Goal 3 and Oregon
Administrative Rule (OAR)
660-033-0020(1)(a)(B).
This OAR requires the
decision -maker toIs
determine whether the
property is agricultural land
by considering the following
factors:
• Soil fertility.
• Suitability for grazing.and
� climatic condif:^ns
`''
• Existing and future
availability of water for
farm irrigation purposes.
• Existing land use
patterns, technological
and energy inputs
required, and accepted
farming practices.
• Accepted farm practices.
The record includes the following
arguments and evidence:
• Livestock were previously grazed on
the property and therefore the
property is agricultural land.
Photographs of the subject property
depict two large irrigation pivots,
irrigated pastures, grazing cattle
grazing "'G,
livestock
ck fend. J "_n irrigation
IIVCJLU..I fencing, alIU dII IUI�'dlloll
pond
• The photographs demonstrate the
subject property is capable of being
put to farm use.
• The subject property can be used as
`part of farm operations"on other
properties because the soils, terrain
and hydrology of the subject
property are similar to other central
and eastern Oregon farms.
• The property was previously
irrigated, continues to have water
rights, and therefore is agricultural
land.
• Profit is not a consideration in the
definition of agricultural land:
• The applicant should be required to
address whether other types of farm
uses, beyond livestock grazing, could
be established on the property.
The Hearings Officer made the following findings:
• Per the soil study; the property does not have sufficient soil fertility to
qualify as agricultural land.
• Efforts to graze livestock were unsuccessful even with the application
of irrigation.
• Viewed on its own, the climatic conditions of the property are not
determinative that the property is agricultural land
• Availability of water, on its own, is not sufficient to determine that the
property is agricultural land.
• Applicant's analysis of existing land use patterns demonstrates that
���c property' is IRJL a�i1 UuiUia�
the is .,...+ agricultural ral land.
• There is nothing in the record to suggest that additional, alternative or
supplementary technology or energy inputs would improve the
property's ability to be agricultural land.
a Per the soil study, utilizing accepted farm practices would not offset
the poor soil quality.
LUBA has consistentlyfound that profitabilityis a factor to be
considered. The record indicates prior farming attempts on the
property were not profitable.
• The mere speculation of possible alternative farm uses is not
sufficient, on its own, to determine that the property is agricultural
land.
The applicant submitted the following:
• Affidavit from a previous property owner that attempts to farm the
subject property were unsuccessful, despite clearing a portion of the
property and installing a 2-pivot irrigation system.
• Exhibit 42 is correspondence from Swalley Irrigation District indicating
there are no water rights appurtenant to the subject property.
• While the OAR requires a consideration of irrigation when determining
whether a property is agricultural land, it is only 1 factor of many that
are required to be considered — irrigation alone does not make the
subject property agricultural land.
the property agricultural
land with respect to applicable
OAR factors?
1. If no, the Board can
continue deliberations
an move
move to approve
2; If yes, the Board can
move to deny the
PAJZC.
2
247-22-000436-ZC, 443-PA BOCC Decision Matrix
BOCC DECISION MATRIX
DESTINY COURT PLAN AMENDMENT
Land Use File Nos. 247-22-000436-ZC,
(PA) / ZONE CHANGE (ZC)
443-PA
Issue Area
Applicable Approval
Criteria
Objections and Arguments
Arguments and Findings in Support
Board Decision
3
Is the property
J the 1. �/
agricultural land
considering
adjacent or nearby
agricultural lands?
Goal 3 and Oregon
Administrative Rule (OAR)
660-033_0020( )(a)(C� This
VVV-VJJ-V VL V, yI1Q%��'�. This
OAR requires the decision-
maker to consider whether
the property is necessary to
permit farm practices on
adjacent or nearby
agricultural lands.
�
The record does not include any specific
identification of adjacent or nearby farms
that would benefit from the agricultural
use of the property.
The Hearings (lffirer marls the fnhtc A,ina findings nn this iccl le•
...�.. .....w....b... ...�. �.• ...ww �..�. ...v ��...b findings .. �...... ..i�w a..
• There are no adjacent farm uses or adjacent agricultural lands.
• There is no evidence to suggest that a nearby farm would benefit from:
> The agricultural use of the property.
> Using the subject property as a storage or maintenance facility.
Is the property agricultural
land considering adjacent or
nearby agricultural lands?
1. If no, the Board can
continue deliberations
and move to approve
the PA/ZC.
2. If yes, the Board can
move to deny the
PA/ZC.
247-22-000436-ZC, 443-PA BOCC Decision Matrix
BOCC DECISION MATRIX
rrc-ruKW rill
UCJ I IIV I LVUn
ln-r nl Anl
1 r1_HIV
Land Use File
AAArnlr
HIVICIVUIVICINI
Nos. 247.22-000436-ZC,
rtnrnl inn / Aar rr rnni�r I9I'
1 trM) / LUJIVC LnMIVVC tLk, )
443-PA
Issue Area
Applicable Approval
1 1
Obieecticrs and Argnmchnts
.
ArQumantc And riinrj nus in ciinnnrf
Rnard fl rici44nc
Criteria
Objections in the record includes
• Rural land cannot be converted to
urban uses:
The Hearings Officer made the following findings on this issue:
• The approximately 1.7-acre lot sizes
• In 1000 Friends of Oregon vJosephine County, LUBA stated, "...a
associated with the future subdivision
is an urban density:
petitioner who alleges that a decision violates Goal 14 by allowing
a conversion of rural land to urban uses must explain what urban
• The PA violates Goal 14 because it
uses the decision allows."
undermines the effectiveness of an
® The MUA Zone allows rural uses not urban uses.
Will the PA/ZC result in
established UGB. (undermine 11GB
e Because the has separated the subdivision application
applicantseparated Wp y
urbanization such that an
Will the PA/ZC
argument)
from the PA/ZC, the Hearings Officer found that he could not
exception to Goal 14 is required?
result in
• A duster subdivision is an urban use.
consider any arguments regarding the future subdivision;
urbanization such
14.
•• The future subdivision may require
including lot size, under the Goal 14 analysis.
1. If no, the Board can
Y
that an exception
goal
future municipal water and sewer.
• The 'undermine UGB argument' is not sufficiently described to
continue deliberations and
to Goal 14 is
• The MUA Zone has a 10-acre
allow the Hearings Officer to authoritatively respond.
move to approve the PA/ZC.
required?
minimum lot size and because the
• The proximity of the subject property to the Bend Urban Growth
future subdivision lots would be less
Boundary does not imply that development on the subject
2. If yes, the. Board can move
than 10 acres, the subject property
property is an urban use.
to deny the PA/ZC.
cannot be rezoned to MUA.
• If a Goal 14 exception is requested by
• The Curry/Shaffer factors to determine whether a use is urban are
satisfied and the proposal will not allow urban uses.
the applicant, it must demonstrate
e The 'impracticable argument' is not sufficiently described to allow
that it is impracticable to allow any
the Hearings Officer to authoritatively respond.
rural uses in the exception area.
• A Goal 14 exception is not required.
(impracticable argument)
• A Goal 14 exception is required.
4
247-22-000436-ZC, 443-PA BOCC Decision Matrix
BOCC DECISION MATRIX
DESTINY COURT PLAN AMENDMENT
Land Use File Nos. 247-22-000436-ZC,
(PA) / ZONE CHANGE (ZC)
443-PA
Issue Area
Applicable Approval
Criteria
Objections and Arguments
Arguments and Findings in Support
Board Decisions
5
Accessory Dwelling
Units (ADUs).
Transportation Planning
Rule (TPR) OAR 660-012-
0060, and Deschutes
County Code
18.116.310(E)(4).
No specific objections related to ADUs.
Applicant
Does the PA/ZC, which would
allow ADUs on the subject
property, comply with the TPR?
1. If yes, the Board can
continue deliberations and
move to approve the PA/ZC.
2. If no, the Board can move
to deny the PA/ZC.
The applicant submitted a traffic analysis prepared by Transight
Consulting which concluded:
• There are no standardized trip generation rates for ADUs.
• It's reasonable to assign a trip generation rate to ADUs that is 25-
50% of a single-family dwelling home.
• The development of 14 ADUs in the future subdivision would
equate to the trip generation of three to seven additional single-
family dwellings.
• The primary access roads (OB Riley Road and Destiny Court) to the
subject property would continue to operate at an acceptable level
of service based on the expected trip generation for ADUs.
• The additional ADU-related trips would not:
> Change the functional classification of existing roads.
> Change standards implementing a functional classification
system.
> Result in types of travel that is inconsistent with the functional
classification of existing roads.
• For the purposes of the TPR, a significant impact does not occur
with or without the inclusion of ADUs.
247-22-000436-ZC, 443-PA BOCC Decision Matrix
BOCC DECISION MATRIX
A1Tl`TIN1� COURT
DES 1 IIV COUR
1 PLAN
Land Use File
�n AMENDMENT nn.rr�T (PA)/ � ��ir �� inei�r (ZC)
HIVICIVDMEN 1 ZONE l.l'1/ NGE
Nos. 24722-000436-ZC, 443-PA
Ys+. -
iccup AcirPa
Applicable Approval
criteria
nhiprti�' nc nn_d ®rgt men�s
---,----__._ -..- Aral
Arg irnants nnri Fi nd!ngs in Seippc!i
• ..��..._.._.. -••� • ...�...�.. •:• ..�rrY. �
SPoarei Dec'sio''s
v..YM. �. �.��,.�.Y.e.�
6
ndpMuacy of the
Hearings Officer's
findings on
remaining approval
criteria.
All applicable criteria as
detailed in the Hearings
Officer's decision.
None.
The applicant agrees with the Hearings Officer's
findings and recommendation of approval.
Does the Board adopt the Hearings Officer's
findings as their own, except as modified by
the deliberations?
1. If yes, the Board can move to approve
the PA/2C.
2. If no, the Board can identify specific
approval criteria for continued
deliberations.
6
247-22-000436-ZC, 443-PA BOCC Decision Matrix
**DRAFT PRESS RELEASE**
10-9-24
Board of Commissioners to Consider Draft Resolution to Authorize
Temporary Overnight Vehicle Camping at Juniper Ridge
At the scheduled October 16, 2024 Board of Commissioners meeting, the Board will consider
approval of a joint resolution (Resolution No. 2024-046) with the City of Bend to authorize
temporary overnight vehicle camping at Juniper Ridge.
During the joint meeting between Deschutes County Board of Commissioners and the Bend City
Council on September 4, 2024, the governing boards agreed to establish a Temporary Safe Stay
Area and work collaboratively to mitigate the public health and other issues resulting from
unsanctioned camping at Juniper Ridge. Resolution 2024-046 outlines how the County and City
plan to protect community members, both housed and unhoused, at Juniper Ridge.
At the October 16 Board of Commissioners meeting, draft Resolution No. 2024-046 is scheduled
for a public hearing and members of the public are invited to testify in person or by video.
Testimony will be limited to 3-minutes per person.
Key elements of Resolution No. 2024-046 include the following:
• 170-acres of property owned by the City and County in Juniper Ridge will be designated
the "Temporary Stay Area"
"TSSA" A " (see
_ L _
as Safe tiIGQ. or 1 �J�t1 �JGGclttA.cIICU map).
• The TSSA will not be available to homeless individuals not living in vehicles.
• The TSSA is not intended to be a place for people not currently camping or sheltering on
lands at Juniper Ridge.
• The County and City plan to provide the following services at the TSSA: portable toilets,
handwashing stations, drinking water, and trash disposal facilities.
• The County and City plan to fund housing -focused case management services at the
TSSA.
• The County and City will use land management strategies to provide a framework for
rules of conduct, including property clean-up efforts and periodic security patrols.
• The County and City will coordinate on fire fuel reduction and other fire reduction
strategies.
• The City will close its property east of the Burlington Northern Santa Fe Railroad tracks
by May 31, 2025.
• The TSSA is intended to close no later than December 31, 2026.
BEND CITY COUNCIL RESOLUTION NO.
DESCHUTES COUNTY RESOLUTION NO. 2024-046
A JOINT RESOLUTION OF THE BEND CITY COUNCIL AND THE BOARD OF
COMMISSIONERS OF DESCHUTES COUNTY TO AUTHORIZE TEMPORARY
OVERNIGHT VEHICLE CAMPING AND IMPROVE SAFETY, SANITATION, AND
CASE MANAGEMENT ON PUBLICLY OWNED LAND AT JUNIPER RIDGE
Findings
A. Deschutes County, Oregon ("County"), and the City of Bend, an Oregon
municipal corporation ("City"), are political subdivisions of the State of Oregon.
B. The County and the City each own land in Deschutes County north of the city
limits of Bend and outside the Bend urban growth boundary, adjacent to US-97 and the
Burlington Northern Santa Fe Railroad tracks. This area is part of an area commonly
referred to as "Juniper Ridge". Staff estimate approximately 37 people are residing in 21
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.
Significant fires threatened safety and property in 2020 and 2024, in addition to smaller
fires at other times, and the risk of wildland fires is extreme and increasing. Juniper
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 safety risks for people making such unpermitted crossings, the safe operation
of the railroad, and the safety of the community. Unpermitted 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's access to its property at Juniper Ridge.
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.
City Resolution No.
County Resolution No. 2024-046
Page 1 of 7
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. 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.
I. Sanitation facilities and housing -focused case management are essential to
improving the risks to public safety posed by unmanaged camping.
J. 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
City Resolution No.
County Resolution No. 2024-046
Page 2 of 7
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.
K. 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.
L. 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.
M. This resolution is riot a final decision or determination by a local government
concerning the goals, a comprehensive plan provision, or a land use regulation, and is
not intended to be a land use decision. Neither the City's Safe Parking nor the County's
Safe Parking programs were adopted as land use decisions and the temporary
authorization for vehicle camping under this resolution follows the same legal framework
as those existing programs, under ORS 195.520. It likewise is not 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 approximately 170
acres 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 "TSAA"), 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. 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 TSSA is not intended to be a place for people not currently
camping or sheltering on the lands at Juniper Ridge to relocate and is not approval for
anyone to enter or remain in the area permanently, as further provided in paragraph 4
below. 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
City Resolution No.
County Resolution No. 2024-046
Page 3 of 7
case management to facilitate people camping at Juniper Ridge to move 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
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. and County staff are authorized and directed
F1UUtlIV11Q1 IULUI G City and County 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. These
administrative actions should address, at a minimum:
a. Enforcement and monitoring strategy;
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;
City Resolution No.
County Resolution No. 2024-046
Page 4 of 7
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
_ � _ t City -Owned
J Property
... ..A... Outside Yti:b.. Limits
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 October 16, 2024.
YES: NO:
Melanie Kebier, Mayor
City Resolution No.
County Resolution No. 2024-046
Page 5 of 7
Attest:
Morgen Fry, Bend City Recorder
Approved as to form:
Mary A.Winters, City Attorney
City Resolution No.
County Resolution No. 2024-046
Page 6nf7
Adopted by the Board of Commissioners for Deschutes County on October 16, 2024.
THE BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PATTI ADAIR, Chair
ANTHONY DEBONE, Vice -Chair
PHIL CHANG, Commissioner
Attest:
Deschutes County Recording Secretary
City Resolution No.
County Resolution No. 2024-046
Page 7 of 7
EXHIBIT A
Redmond -Bend
Juniper State
Scenic Corridor
State Park
Property
:FORT..THOMPSON
TEMPORARY SAFE STAY AREA
OCTOBER 8, 2024
® Temporary Safe Stay Area
City Owned
Deschutes County
0 250 500 1,000
Feet
Map prepared by. City of Bend
Print Date. Oct 08, 2024
Sources. City of Bend, Deschutes
County
CITY OF BEND
This map is for reference purposes only. Case
vras taken in the creation of this map, but tt is
ptovoled "AS IS," Please contact the City of Bend
to verify map information or to report any mots,