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2024-330-Minutes for Meeting October 23,2024 Recorded 12/9/2024kk- BOARD F COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County CJ2024_330 Steve Dennison; County Clerk Commissioners' Journal 12/09/2024 10:40:44 AM 2024-330 8:00 AM WEDNESDAY October 23, 2024 Allen Room Live Streamed Video Present were COIT)Missioners Patti Adair, Tony DeBone and Phil Chang. Also present were CountyAdministrator Nick Lelack, Deputy CountyAdn-)inistrator Enk Kropp; Deputy County Administrator Whitney Hale, Senior Assistant Legal Counsel Kim Riley (afternoon, session ofily) and BOCC Executive Assistant Brenda R itsvold. 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 8:03 am. ACTION ITEMS: 1. La Pine Park & Rec Board Recruitment Interviews Having announced vacant positions on the La Pine Park & Rec Board (LPPRD) and having solicited and received applications from persons interested to be appointed, the Board proceeded to conduct interviews of all persons who applied. Interviews were conducted of the following fifteen applicants: 1. Shara Bauman 2. Ross Tomlin 3. Janillee Carpenter 4. Wynn Malikowski BOCC MEETING OCTOBER 23, 2024 PAGE 1 OF 7 5. Brandon Tirrill 6. Cindy Hovey 7. Samuel Olson 8. Robert Ray 9. Stephani Dale 10. Brent Tyler 11. Carlos Soto 12. Nanette Hall 13. Daniel Jones 14. Joel Brader 15. Ed Mura At 11:42 am, the interviews concluded and the meeting was recessed. (See page 6. for the Board's formal action appointing new members to the LPPRD.) The meeting reconvened at 1:00 pm. CITIZEN INPUT: None CONSENT AGENDA: Before the Board was consideration of the Consent Agenda. 2. Approval of the dedication of real property to right-of-way for a future portion of Masten Mill Drive in La Pine 3. Authorize the donation of real property located at 16628 Assembly Way in La Pine to the City of Pine 4. Authorize the sale of real property located at 16630 Box Way in La Pine to BP Holdings 5. Consideration of Board Signature on letters thanking Scott Asla and appointing Torry Berger for service on the Deschutes River Recreation Homesites Special Road District #1 6. CHANG: DEBONE VOTE: Approval of minutes of the BOCC September 16 and 18, 2024 meetings Move to approve the Consent Agenda as presented Second CHANG: DEBONE ADAI R: Yes Yes Chair votes yes. Motion Carried BOCC MEETING OCTOBER 23, 2024 PAGE 2 OF 7 Continued ACTION ITEMS: 7. Continued Discussion of Temporary Safe Stay Area (TSSA) Resolution Nick Lelack, County Administrator, reviewed past discussions regarding a proposal to establish a Temporary Safe Stay Area (TSSA) on City- and County - owned land north of Bend in the area commonly referred to as Juniper Ridge. Reminding that the City of Bend has proposed that the County and City adopt a joint resolution to establish a TSSA, he summarized the provisions of this resolution as originally proposed. As alternative approaches were subsequently discussed to achieve the desired outcomes, the Board directed staff to return with an alternate proposal consisting of an agreement between the County and the City to provide for supportive case management services to homeless persons in this area. This alternative would formalize a voluntary compliance agreement with timelines to achieve compliance with the open Code violation and would provide for a range of supportive services as described in the original resolution. This past Monday, Bend Mayor Kebler provided input at the Board's meeting, after which Commissioner Adair suggested decreasing the proposed size of the TSSA. The City has now put forth a third option which would limit the TSSA to 40 acres and include language for a reduction from 40 acres to 20 in 2026. In addition, the City has confirmed it will agree to a 50/50 cost share of the needed services. Lelack referred to a map identified as Exhibit A which showed the boundaries of the County -owned property and City -owned property as well as the proposed initial boundary of the TSSA as updated in the third proposal. The map also identifies designated "cluster use areas" where camping would be allowed. Lelack summarized that the Board now has three options before it: the original joint resolution, the voluntary compliance approach, and the reduced TSSA area into designated clusters. Commissioner Adair said action must be taken, and the County and the City must collaborate on that action. Referring to her concern about the size of any area where encampments are allowed, she said reducing this to 40 acres the first year and 20 the following year would facilitate the provision of supportive services. Bend Mayor Melanie Kebler said the voluntary compliance agreement would not work for the City as it would depict camping and the provision of services as illegal and unauthorized, yet the City would be asked to commit to funding those BOCC MEETING OCTOBER 23, 2024 PAGE 3 OF 7 services. She advocated for the adoption of a resolution which formally establishes a TSSA and said if the Board accepts the third option as presented, she will recommend that the Bend City Council do the same. Commissioner Adair appreciated the City agreeing to a 50/50 cost share of the needed services and said some people will accept help if it is offered. Noting that the County's legal counsel has not advised approval of the joint resolution, she stated her support for taking stronger actions than have been done in the past. In response to Commissioner Chang, Lelack said the "cluster use areas" shown on the map together total approximately 40 acres. Matt Stuart, City of Bend Real Estate Director, added that the idea is to shift the allowed cluster use areas from the north to the south when the 40 acres of allowed camping area are reduced to 20 acres. Commissioner Adair supported having just one cluster area on the property owned by the County instead of two as shown on the map. She encouraged proceeding with this proposal as a way to begin to effect positive changes, which are much needed. In response to Commissioner DeBone, Kebler said Bend does not support the voluntary compliance agreement because it does not formally establish a place where people can stay and be offered services. Mary Winters, City Attorney for the City of Bend, added that the failure to formally establish a TSSA would place the City in violation of the County's Code. Commissioner Chang spoke to the open Code Enforcement action against the County and asked that this be acknowledged. Noting that the proposed voluntary compliance agreement would stipulate steps to bring the County into compliance with Code in two years' time, he said on a practical level, nothing about the various proposals would be different as far as allowing people to remain in this area and offer them services. Kebler responded that the City's perspective is this matter is not a Code violation case but rather an issue of safety. Commissioner DeBone said he may support the third option, although he was concerned about persons taking the opportunity to carve out roads and personal living areas and establish relationships with neighboring campers even though the vision is to dismantle the TSSA by the end of 2026. He stressed that the County is trying to manage unsanctioned camping, not create a campground. BOCC MEETING OCTOBER 23, 2024 PAGE 4 OF 7 Discussion ensued of the need for security patrols to ensure that persons in the area are abiding by rules while on public land. Commissioner Chang said the County is already providing sanitation and hygiene services to persons camping on its property at Juniper Ridge, and it's likely that some kind of managed camp facilities will be needed in the long term. He suggested considering rezoning a portion of the 170 acres and making investments to develop a facility that is safe and sustainable for the future, saying the question is how to accomplish this without asserting that such a facility would be an allowable land use. He pointed to the lack of a plan to address campers in this area after two years. Commissioner DeBone spoke to the legal foundation for a TSSA, saying this is a term defined by State law. While he agreed that a voluntary compliance agreement is a parallel path, he supported the third option before the Board. Commissioner Chang stated his support for the preliminary conceptual agreement made on September 5th between the County and the City and said if the City will only accept one final form of that agreement to move forward, he will vote to approve it. DEBONE: Move approval of Resolution No. 2024-046, a joint resolution of the Bend City Council and the Deschutes County Board of Commissioners to authorize temporary overnight vehicle camping and improve safety, sanitation, and case management on publicly -owned land at Juniper Ridge, as amended to limit the acreage of the Temporary Safe Stay Area (TSSA) and to stipulate a 50/50 cost share of the described services between the County and the City CHANG: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Saying he wanted to see a report every two weeks, Commissioner DeBone questioned who will serve as the lead reporting agency for this effort. He advocated for the application of rules and community norms, said all dogs must be vaccinated and licensed, and spoke to the need to coordinate all service providers who will be working with homeless persons in this area. Commissioner Adair said case management services must be offered four times each week. BOCC MEETING OCTOBER 23, 2024 PAGE 5 OF 7 8. La Pine Park & Rec Board Recruitment Discussion Whitney Hale, Deputy County Administrator, reviewed that earlier today, the Board interviewed 15 applicants for the five vacant positions on the La Pine Park & Rec Board. The Board was in consensus to proceed with determining appointments. At Commissioner Chang's suggestion, each Commissioner agreed to provide a list of their top seven preferred candidates. A recess was announced at 1:40 pm. The meeting reconvened at 1:59 pm. Following review of each Commissioner's preferred candidates, additional discussion, and the submittal of paper ballots with non -ranked and ranked preferred candidates, the Board reached agreement on five candidates. CHANG: Move to appoint Janilee Carpenter, Joel Brader, Brandon Tirrill, Shara Bauman and Carlos Soto to the La Pine Park & Rec District Board, and direct staff to prepare appointment letters for the Board's signatures DEBONE: Second VOTE: CHANG: Yes DEBONE: Yes ADAIR: Chair votes yes. Motion Carried Commissioner Chang said the pool of applicants for these positions provided a deep bench of people who could be good board members. Saying this is a new beginning for the La Pine Park & Rec District, Commissioner DeBone thanked the previous board members and encouraged moving forward. Adding that he became involved in 2004 under similar circumstances, he advised that the newly constituted LPPRD form a budget committee to monitor the district's finances. OTHER ITEMS: Commissioner DeBone reported on yesterday's meeting of the Terrebonne Domestic Water District Board at which concerns about the route of a pressurized sewer line within 100 feet of a domestic well was discussed with the result that he reached out to Parametrix regarding a proposed realignment to resolve this issue. BOCC MEETING OCTOBER 23, 2024 PAGE 6 OF 7 A related meeting will be held today with the Redmond School District to request an easement for this proposed realignment, which will help facilitate the removal of drain fields tied to dispersed onsite systems in Terrebonne. • Commissioner Adair referred to a low-income housing project which is under construction and said it should be attractive in order to be successful. County Administrator Lelack said Road Director Chris Doty will provide project information to the Board. • Commissioner DeBone reported on the statewide Working Together Conference yesterday which he attended as a member of the East Cascade Workforce Consortium. EXECUTIVE SESSION: None Being no further items to come before the Board, the meeting was adjourned at 2:1 G pm. DATED this —�--- day of m 2024 for the Deschutes County Board of Commissioners. r PATTI ADAIR, CHAIR ANTHONY DEBONE, VICE CHAIR RECORDING SECRETARY BOCC MEETING OCTOBER 23, 2024 PAGE 7 OF 7 01 E S C0 61 2a { BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 8:00 AM, WEDNESDAY, OCTOBER 23, 2024 Allen Room - Deschutes Services Building - 1300 NW Wall Street - Bend (541) 388-6570 1 www.deschutes.org 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/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 *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. Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. oilIf 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 ACTION ITEMS 1. La Pine Park & Rec Board Recruitment Interviews RECESS and RECONVENE at 1:00 PM 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 2. Approval of the dedication of real property to right-of-way for a future portion of Masten Mill Drive in La Pine 3. Authorize the donation of real property located at 16628 Assembly Way in La Pine to the City of Pine 4. Authorize the sale of real property located at 16630 Box Way in La Pine to BP Holdings 5. Consideration of Board Signature on letters thanking Scott Asla and appointing Torry Berger for service on the Deschutes River Recreation Homesites Special Road District #1 6. Approval of minutes of the BOCC September 16 and 18, 2024 meetings Continued ACTION ITEMS 7. Continued Discussion of Temporary Safe Stay Area (TSSA) Resolution 8. La Pine Park & Rec Board Recruitment Discussion 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. October 23, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3 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 23, 2024 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3 VT ES. CpG2.a o BOAR® OF COMMISSIONERS MEETING DATE: October 23, 2024 SUBJECT: La Pine Park & Rec Board Recruitment BACKGROUND AND POLICY IMPLICATIONS: The five members of the La Pine Park & Recreation District Board have resigned. ORS 198.320 (1) provides that if a majority of the membership of the governing body is vacant, the vacancies shall be filled promptly by the county court of the county in which the administrative office of the district is located. Staff will connect with commissioners following interviews of applicants interested in serving on the Board. Interviews are scheduled to occur during the morning on Wednesday, Oct. 23. Staff will seek Board direction on how they would like to proceed with potential appointments to the La Pine Park & Rec Board. BUDGET IMPACTS: None. ATTENDANCE: Whitney Hale, Deputy County Administrator Time Name In Person Zoom 8:00 Wynn Malikowski X 8:15 Carlos Soto or X 8:30 Stephani Date X 8:45 Robert Ray X 9:00 Janilee (Janey-lee) Carpenter X 9:15 Ed Mura X 9:30 Shara Bauman X 9:45 Joel Brader X 10:00 Brandon Tirrill X 10:15 BREAK 10:30 Daniel Jones X 10:45 Samuel Olson X 11:00 Brent Tyler X 11:15 Nanette Hall X 11:30 Cindy Hovey X 11:45 Ross Tomlin X BOARD OF COMMISSIONERS MEETING DATE: October 23, 2024 SUBJECT: Continued Discussion of Temporary Safe Stay Area (TSSA) Resolution l• • • , 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 not 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. 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. 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 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: City Resolution No. County Resolution No. 2024-046 Page 5 of 7 NO: Melanie Kebler, Mayor Attest: Morgen Fry, Bend City Recorder Approved as to form: Mary A. Winters, City Attorney City Resolution No. County Resolution No. 2024-046 Page 6 of 7 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 TEMPORARY SAFE STAY AREA OCTOBER 8, 2024 © Temporary Safe Stay Area El City Owned Deschutes County EXHIBIT A Redmond -Send Juniper State Scenic Corridor State Park Property 0 250 500 1,000 Feet Map prepared by: City of Bend Print Date: Oct 08, 2024 Sources: City of Bend, Deschutes County This map is for reference purposes onty. Care was taken in the crcatlen of this map, but it Is provWcd "AS IS." Please contact the City of Bend to verify map Information or to report any errors. OPTION 2: VOLUNTARY COMPLIANCE AGREEMENT 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 City Resolution No. County Resolution No. 2024-046 Page 1 of 5 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. Both the City and County are aware that ongoing uses on the site are in violation of applicable land use regulations, building codes, environmental health/sanitation requirements and related health and safety mandates. I. Within 90 days of the date of this Joint Resolution both the City and the County will enter into Voluntary Compliance Agreements (VCA) with the county code enforcement authority, wherein the City and County as subject landowners will covenant to mitigate and ultimately eliminate all unauthorized uses and activities occurring onsite. Efforts to mitigate and reduce the harms posed by unmanaged camping will at a minimum include providing portable toilets, potable water, and dumpsters. Subject to funding constraints, the City and the County will enter into contracts with a security contractor to patrol the subject area. J. This joint resolution is intended to articulate at a policy -level the actions to be undertaken by the City and the County in furtherance of the VCA. K. This joint resolution is not 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. Now, therefore, based on these findings, City Resolution No. County Resolution No. 2024-046 Page 2 of 5 THE CITY COUNCIL OF THE CITY OF BEND and THE BOARD OF COMMISSIONERS OF DESCHUTES COUNTY JOINTLY RESOLVE AS FOLLOWS: 1. Voluntary Compliance Agreement. Within 90 days of this Joint Resolution the City and the County will each enter into a VCA with the county code enforcement authority. During the term of the VCA, and subject to requirements in the VCA, the City and the County will use best efforts to mitigate and reduce activities at the site that are in violation of applicable land use regulations, building codes, environmental health/sanitation requirements and related health and safety mandates. Examples include: a. Enforcement and monitoring strategy; b. Access by emergency services and how emergency services can obtain information about where people are staying; 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. Reasonable rules describing open flame, cooking, and warming fires, and an enforcement strategy. 2. Commitment for funding. The City and County commit to coordination efforts as described in the VCA or through other agreements, and with each party providing funds toward additional services for people who reside at the subject site. 3. Fundin . 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 it is the intent to achieve compliance with the VCA by no later than December 31, 2026. 4. 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, 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. 5. This resolution is effective on signing by both the City and County. Adopted by the Bend City Council on October 16, 2024. City Resolution No. County Resolution No. 2024-046 Page 3 of 5 YES: Attest: Morgen Fry, Bend City Recorder Approved as to form: Mary A. Winters, City Attorney City Resolution No. County Resolution No. 2024-046 Page 4 of 5 M Melanie Kebler, Mayor 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 5 of 5 OPTION 3: REVISED ORIGANAL RESOLUTION & EXHIBIT A BEND CITY COUNCIL RESOLUTION NO. DESCHUTES COUNTY RESOLUTION NO. 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 City Resolution No. County Resolution No. 2024-046 Page 1 of 7 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. 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. City Resolution No. County Resolution No. 2024-046 Page 2 of 7 J. Sanitation facilities and housing -focused case management are essential to 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 City Resolution No. County Resolution No. 2024-046 Page 3 of 7 impacts, which represents approximately 40 acres, as shown on the attached Exhibit A, 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: City Resolution No. County Resolution No. 2024-046 Page 4 of 7 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; 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. City Resolution No. County Resolution No. 2024-046 Page 5 of 7 Adopted by the Bend City Council on YES: Attest: 2024. NO: Melanie Kebler, Mayor Approved as to form: Morgen Fry, Bend City Recorder Mary A. Winters, City Attorney Adopted by the Board of Commissioners for Deschutes County on, 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 6 of 7 City Resolution No. County Resolution No. 2024-046 Page 7 of 7 EXHIBIT A