City Council Meeting Notes 06/15/22
I've been assured on Twitter by Ben the Business Advocate that tonight's meeting will not be incredibly boring, despite having 16 agenda items related to the budget. We'll see. Also, WTF? 28 agenda items? Are you trying to kill me? I'm already burnt out from covering all those Vacancy subcommittee meetings. What is this, a hazing ritual for the new Councilors? I am not excited. Ugh whatever, I'll try.
We do have some pretty good stuff on the docket tonight. Tonight will be our first Council meeting with Councilors Mitchell and Sehgal. Welcome! I'm also looking forward to learning about a potential upcoming unsanctioned camping code, signing the Intergovernmental Agreement to make a Coordinated Houseless Response Office with the County and other cities, and greenlighting a UGB expansion for an affordable housing development.
Work Session
Council begins tonight in non-public executive session to talk to people about labor negotiations, and to talk to other people about buying something.
It's taking some time. I'm getting strong "typing till 11 vibes" for this meeting. I'm going to interpret every person participating in public comment tonight as a personal insult.
And now we're live. yaaaaay. Councilor Broadman is wearing a real snazzy suit.
Wildfire Preseason Update
Spoiler alert: shits going to be on fire this Summer. Fire Chief Riley is going to talk about wildfire stuff. We all live near the forest. All of Deschutes County is in extreme drought or worse. It's much worse than last year. The rain was helpful, but doesn't significantly change the macro trend. All of the West side of the United States is also in this drought. 65% of our fires are human caused. We can't prevent lightning but we can stop lighting fires ourselves.
The fire department has a "Know your Zone" campaign, and they want you to take steps to prevent fires from starting on your property. They want you to read the thing.
Sign up for emergency alerts here so you get notified about evacuations.
What do the different evacuation levels mean?
Level 1 is the lowest level - "BE READY" - monitor the situation and prepare to leave
Level 2 is the middle level - "BE SET" - be ready to leave at a moment's notice
Level 3 is the highest level - "GO" - leave immediately without delay. Do not gather belongings or attempt to protect your home. The situation is life-threatening
Councilor Perkins wants to know if they have done outreach to the houselessness community. Yes, they distribute written material.
Mayor Goodman-Campell says make sure to take care of cheat grass. It's highly flammable.
Chief says take personal accountability for your space.
Councilor Barb Campbell says that cleaning up your yard and gutters are low hanging fruit. People should consider getting metal roofs when they are replacing your roof and looking at your ventilation.
Unsanctioned Camping Code (Process and Schedule)
This is a largely informational presentation, with some limited feedback needed from Council. Elizabeth is here to present. Right now the city does not have regulations concerning camping on the right of way. This project would regulate camping in some way. This is the beginning of the process. To start with the City wants to start a public outreach process and draft this potential regulation in collaboration with the public.
Here is a broad overview of the City's work on expanding shelter capacity since January:
According to the January 2022 point in time count, there are 785+ people who are homeless residing in Bend. We currently have 280 Shelter beds. There was a 17% increase Year over Year in Deschutes County. 79% were unsheltered.
So we're starting with covering the legal framework that surrounds this issue. This camping code would not apply to private property or change police response. It doesn't affect property owned by BPRD or public property owned by entities other than the City like Federal Land. There is a current policy against blocking the right-of-way. It is the legal framework that the City is currently using to manage trash and public safety, and to keep the rights of way clear. The City is enforcing the code at the City's discretion. The City also has a parking code that prevents parking in the same space for more than 3 days.
It is unconstitutional to punish people for sleeping or resting outside on public property when there are not enough shelter spaces available. Camping cannot be banned outright. This precedent is from MARTIN V. BOISE and BLAKE V. GRANTS PASS. This comes from the 8th amendment prohibiting cruel and unusual punishment. Precedent does allow reasonable “time, place and manner” restrictions on sleeping, camping in public space, as long as the individual in question has another place they can sleep. This assessment has to be done on an individual basis.
HB 3115 is in the process of being passed, which will codify Martin V. Boise in Oregon. It will require that local laws regulating sitting, lying, sleeping, or keeping warm and dry outdoors on public property open to the public must be objectively reasonable as to time, place, and manner for persons experiencing homelessness.
Examples of time place and manner restrictions that are legally possible:
only allowing sleeping on public property at night
not allowing sleeping in certain streets, near established shelters, or certain public areas, like near schools or ecologically sensitive areas
only allowing sleeping in certain areas
limiting the size of a camp, not allowing tents
banning fire
Federal and State law does not restrict the city's ability to enforce criminal law. Homelessness cannot be criminalized.
Enforcement tools that can be used to regulate camping are:
Citation/Fines are the usual way the city punishes violations of municipal code. Fines cannot be grossly disproportionate or excessive
Clearing the Camp in compliance with the 4th amendment prohibiting unreasonable seizure
Arrest cannot be used, unless there is other criminal activity
Councilor Perkins wants to know if there is a place in Oregon that hasn't gotten sued after implementing Camping restrictions. We don't know. There is a lot of active litigation about it in other cities that have tried to implement this code. HB 3115 will come into effect in July of 2023. When making this kind of code, the most important thing to do is comply with this law. Having a camping code is not going to required by state law, but any camping code will be restricted under this regulation.
Broader kinds of camping bans can only be enforced when when there are enough shelter beds. When there are not enough beds, criminal offenses can still enforced by police. If we are going to regulate camping, police and shelters will need to coordinate to make sure there are enough shelter space for the individual in question. For example, if the individual is intoxicated and they are disqualified from entering high barrier shelters, and there are not low barrier shelter beds available, that individual doesn't have access to a shelter bed, and the code cannot be enforced.
The law cannot be vague or ambiguous. It's important to clearly define what camping means. Vehicle habitation should be regulated separately. The law cannot be unlawfully selectively enforced IE racism. State law requires 72 hour notice for removing established campsites.
Proposed Process
We should get input from and outreach to the community
Intentional outreach to the community to educate about what legally can and cannot be done
Includes Q&A sessions, putting information on the City website, and getting public feedback
A working group to propose a draft policy that factors in the community input
Staff asks the Council if they should form a working group to hold public meetings and draft a proposal. If yes, who should serve on this working group?
Mayor Goodman-Campbell says that the council understands the urgency of addressing unsanctioned camping. She opens the floor to suggestions.
Councilor Broadman is disappointed with with actions of the forest service. It is unfair for people to be moved from China hat without them having a place to go. The homelessness situation in town is going to get worse this summer as a result. He is in favor of a manger appointed work group, there seems to be general consensus on this.
Councilor Kebler says that the parameters that the city has to operate in is very clear. The current situation is untenable and since what can and cannot be done is very narrow, we should expedite this as much as we can while engaging the public as much as possible.
Councilor Perkins is struggling right now because it's going to be a really rough summer. She is concerned about constantly displacing people over and over. She doesn't want to talk about the where and the when right now, since we have such a lack of shelter capacity. We should focus on the how. She wants someone from the Bend Central district and service providers on the work group.
Councilor Broadman says that where people can be HAS to be part of this approach. He doesn't want the end result of this to be less clarity.
Elizabeth says that how strongly we regulate in the city, will impact camping outside on city limits. Too harsh of restrictions can lead to additional fire risk.
Mayor Goodman-Campbell says there is an extreme shortage of camping infrastructure here, for both homeless people, and visitors. We should have a broader discussion about this.
Councilor Mitchell would like someone from the Human Rights and Equity Commission (HREC) on the work group.
Manager King says that he's heard from Council that they want the manager to appoint the work group, have the work group have business owners, service providers, and other entities, and he suggests starting public input in the next couple of weeks. He suggests having a feedback session at the beginning, having the work group meetings publicly, and have public input again after the work group gives their recommendations.
BURA has been moved to the end of the meeting since the work session ran out of time. And I get a break that I feel is going to be necessary.
Time to drink Prosecco from a rocks glass.
Regular Session
The regular meeting began as usual with roll call, the Pledge of Allegiance / Moment of Silence, and Land Acknowledgment.
It's Pride Month. The president of Out Central Oregon is here to accept the proclamation. Councilor Barb's rainbow shirt is excellent.
Update on Temporary Housing Strategies
A text version of the update was posted here.
Public Comment
Don't you dare. I do not have timeeeeeeeeeeee. Thank god only 3 people.
Guy lives near 27th by the shelter that is going up. He then rambled incomprehensibly. I think he is generally opposed.
Lady is not happy with the Bird Bike share. Bikes are parked in places that are in the way. The bike needs to be required to be sent back to their parking places after use. We should have signs at the parking places to return the bikes after.
Manager King says that geofencing hasn't been turned on yet. It is turning on this weekend. There will be penalties for bikes that are not returned to where they are supposed to be after use.
Joanne thanks the new council members for volunteer their time. Finding a place to camp implies that you need to think about where to drink, where to go to the bathroom. That there is enough light to feel comfortable, but not too much you feel unsafe. The city of bend needs code to protect low income homes and have a path to home ownership.
Consent Agenda
Notable Items on the Consent Agenda:
Ain't nobody got time for the Consent Agenda today.
Consent agenda passed.
Fiscal Year 2022-2023 Council Goals Revision
Staff came to council in January to propose adjusting the council goals to keep them in line with what the City is trying to accomplish. Russ is here to recap. The goals needed to be updated to factor in the Climate Friendly rules coming in from the State. Other goals were clarified or simplified. A couple goals were added and removed. Staff uses these goals on a daily basis. Another goal setting process will happen in January with the new council after the election. He orally went through all the changes, but I am not typing all that. You can read the revised goals here.
Councilor Kebler is not happy about revising the 500 shelters beds(?) goal down to 300. manager King says that Goals are aspirational, action items are meant to be achievable. We can add a 500 bed goal, but 500 is not something that service providers can achieve without additional state financial support.
Do we count safe parking as beds? Yes. The 280 doesn't include central Oregon villages.
Council chooses to keep the 500 bed number.
Motion passed.
BUDGET STUFF
These are all adjustments to the budget. Tory is going to walk through all of them. This is all consistent with the info shared on the June 1st Budget Committee Meeting.
B1: Adopt the resolution to approve a supplemental budget and budget adjustments for 2021-2023 Biennial Budget
The city got the second allocation of American Rescue Plan Act (ARPA) funds and some other money to address homelessness from the state. This adjustment factors in that money.
There is apparently a public hearing for this. No callers. Public hearing closed.
Motion passed
B2: Adopt the resolution authorizing fiscal year 2021-22 interim year end loans and to authorize the City Manager to sign Promissory Notes for the loan to the Bend Metropolitan Planning Organization and Bend Urban Renewal Agency
The title is self explanatory. The loans will be paid back in July.
Motion Passed
B3: Public Hearing to approve resolutions to receive state shared revenues for fiscal year 2022-23 and certify the provision of municipal services to qualify for receipt of state shared revenues
This is money from the state from sin taxes (Alcohol, Cigarettes, Cannabis).
All the rest of the budget public hearings will be bundled together so we don't need to do this a bunch of times. Hell yeah efficiency. SET ME FREE.
Super Public Hearing to rule them all: There are no callers for the super public hearing. Hearing closed.
Motion passed
B4: Adopt the resolution levying ad valorem taxes, general obligation bond taxes and tax increment amounts for fiscal year 2022-23
Motion Passed
B5: Public Hearing to adopt the resolution establishing fees and charges for fiscal year 2022-2023
Motion Passed
B6: Public Hearing to approve the resolution to adopt the 2023-2027 Capital Improvement Programs (CIP)
Motion Passed
B7: Adopt a resolution approving the Staffing Schedule by Service Area
Motion Passed
B8: Adopt a resolution Amending Resolution No. 3259 by increasing rates for solid waste collection provided by franchise operators within the city limits.
The rate increase is to deal with increased operating costs.
Motion Passed
Ben the Business Advocate you liar.
Re-adopt and amend the Investment Policy for Fiscal Year 2022-23
This an update and re-adoption of the investment policy. It is required to update it annually from State Law. There are no notable changes.
Motion passed.
Public Hearing on Urban Growth Boundary Expansion, Comprehensive Plan Map designation of Medium Density Residential, and Urbanizable Area Zoning for 39.55 acres to accommodate future development in association with HB 4079 – City of Bend Affordable Housing Pilot Program (PLUGB20220115)
HB 4079 is was a bill passed in Oregon in 2016. It is a pilot project that allows people to build affordable housing outside the UGB and get an expedited process for bringing it into the UGB. Bend applied for the pilot program in 2018. Bend started working on this project with Hayden Homes in 2020. For this resolution, the city is agreeing to annex this property within 2 years. This is for a facility called Parkside Place. It is on the east side of town by Highway 20. The property is 39.3 acres which is within the required size limit. It is proposed to be a Medium Density district and will be primarily used for Multi-Unit residential development. The plan is for 345 units. 40% will be affordable homes (10% more than the bill requires). It will have Multi-unit, Townhomes, and some single-unit detached. There will also be a 4 acre park. The property will be compliant with all the various requirements. Sounds excellent.
I stole this screenshot from Ariel Mendez
Now we have a presentation from the Hayden Homes. He'll keep it brief, and I will keep it briefer. He wants to talk about how this fits into the culture of Hayden Homes or whatever. They do charity and stuff. This fits in to that.
Now there is a second developer presentation. This one is from the planning consultant. It's important to have a developer invested in the community to build affordable housing. There is an irrigation pond on the south side of the site. That's where the park is going to go. The property borders the current UGB. The plan is to bring it into the UGB and develop it. There's a lot of criteria to make this happen. The developer has worked closely with the City and County to make sure they stay compliant. After this approval there's still a bunch of steps to do. Most of the affordable housing is going to happen in Phase 1. Bruh has decided to go through 12 million slides of all the criteria that they had to comply with on the project, because he wants me to fall asleep.
Ian says oops, this is a quasi-judicial hearing, so they're belatedly doing the quasi judicial things. I also say oops. I may have been mistaking Ian for Manager King sometimes throughout this meeting. I was unaware they were two people.
There is a public hearing:
Ray lives about a half mile away from this project. This development will be right across his view, which makes him sad. Poor Ray. He's concerned about water usage and traffic. Public hearing closed.
Councilor Broadman wants to know if there was any commercial restriction. There was not. He'd like there to be some commercial zoning like childcare or other walk-able amenities. Developer says the details will be finalized in the master plan process. The water and traffic stuff will be looked at during that time as well. Some prior plans included commercial components. ODOT was concerned about the traffic impacts so it was nixed. Childcare is something that could be provided.
Councilor Broadman wants to know if the 40% is locked in tonight, or can it increase or decrease later. It can. The specific number will be part of the master plan when it comes back.
Councilor Campbell thinks we need to look at the affordability of the rest of this UGB expansion to see if it is more affordable compared to other UGB expansions to evaluate the success of this pilot program.
Councilor Kelber is just happy to see more housing.
Councilor Mitchell also likes the idea about adding commercial. They are curious about how this got to 40%.
Mary says the resolution that the City passed had a minimum %, so it can't go lower than that. This is the second developer on this project so she'd be cautious about making a lot of changes. Lynne says that this is a pilot so there is a lot of transparency about costs that the developer will be giving to the state. There is a similar pilot happening in Redmond, and she is very interested in seeing the difference between the two when they are implemented. She has noted the council's comments and will work with the developers to try and achieve them.
Motion passed. Yay more housing.
Break timeeeee. It is 9:15
Approve Visit Bend fiscal year 2022-23 Business Plan and Budget
Ben the Business advocate is here to present a few slides. 60% of the transient room tax goes to the general fund. 4% goes to police and fire. The remaining 35% goes to tourism. Other cities in Oregon have a 70/30 split with the 30% going to the city. Bend has a very favorable ratio in comparison. Visit Bend has continued a consistent trend of lowering the ratio of the budget to marketing.
Kevney is here to present from Visit Bend. He's telling the history of Visit Bend. They are the primary caretakers of Bend's brand. One of their core responsibilities is to drive economic growth in the area. They have increased revenue year over year, every year except 2020. This year total Transient Room Tax(?) (TRT) collections are expected to be just under 16 million. They don't want tourism at all costs. They want to find a balance. They want to move away from traditional forms of advertising and focus more on content creation, influencer marketing, and SEO stuff. Their strategy for spending the money is separated into economic, environmental, social equity, and grant program categories. Visit Bend is dedicated to making Bend a more comfortable place for diverse people to visit, as a reaction to several high profile shitty things that have happened lately. The Sustainability Fund is setting itself up to be larger than the Travel Oregon fund, making it the largest fund of it's kind in Oregon. Dealing with the staffing problems is a high priority. Marketing is focused on bringing people in during the off season, November through February (EDITOR: Not my break time!). They don't want more people to come to Bend, they want the people that come to stay longer and spend more money.
This is the Proposed Budget Allocation:
Time for questions.
Councilor Broadman wants to confirm its is a real 5% reduction in marketing. Yes it is.
Councilor Mitchell appreciates the acknowledgement that Bend's brand has historically not been inclusive. Who is the specialist within the organization that is helping them navigate this? Kevney gave out a specific name. They do not have a DEI advisor on staff, they are contracting with a third party. Mo looks forward to seeing changes happen it's definitely needed.
Motion Passed
Authorize a non-statutory Development Agreement with St. Charles Health System Inc. for the dedication of right-of-way for the extension and modernization of Purcell Blvd. for the Neff and Purcell Intersection Improvements Project (1TNPS)
They want to do sidewalk improvements, intersection improvements, and complete Purcell Blvd around St. Charles. The City would not pay for the construction of Purcell Blvd. In exchange the city agrees not to charge St Charles for vacating Curt Circle, an unused subdivision that they purchased. If/when they choose to do so.
Motion Passed
Authorize an Amendment to the Construction Manager/General Contractor Agreement with Taylor Northwest, LLC, for the Newport Corridor Improvements project (1RNPR)
This is an abbreviated presentation of the presentation we saw last meeting. Quick overview is that the Newport Corridor Project needs more money. The amendment increases the budget by up to 2.6 million dollars, depending on the remaining length of the project. Materials have gotten more expensive and there were other unforeseen costs. The next agenda item is included in this.
Councilor Broadman's concern last meeting was that this amendment might impact other goals. After he was assured that was not the case, he is supportive of this amendment.
Motion passed.
Authorize Amendment 3 to the contract with Parametrix, Inc. for design and engineering services for the Newport Corridor Improvements project (1RNPR)
Motion passed.
Authorize the Signing of an Intergovernmental Agreement with Deschutes County and the Cities of Bend, La Pine, Redmond, and Sisters for a County-Cities Coordinated Houseless Response Office Pilot
Council is excited about this one. HB 4123 was secured to pay for a collaborative office. Deschutes county approved it on June 6th. The rest of the cities have it on their agendas before the end of the month. All the language in the agreement is in alignment with the bill. They are working on getting an executive director to run it, after that there will be an amendment to the agreement. The first meeting of the Board of Directors is this week. Councilor Perkins will be representing Bend. One of the rooms in the ex rainbow motel will be used as an office.
Councilor Perkins says that this project has been SO MUCH WORK and she is SO HAPPY that this is finally happening.
Motion passed.
Second Readings
For all intents and purposes, Second Readings are procedural confirmations of the actions Council took during the previous City Council Meeting.
Ordinance amending Bend Municipal Code to create New Chapter 12.35, Multiple Unit Property Tax Exemption (they made a minor language clarification to this motion)
Ordinance amending Bend Municipal Code to create New Chapter 12.30, Non-Profit Affordable Housing Property Tax Exemption
ordinance granting a non-exclusive franchise to Central Electric Cooperative, Inc.
Second readings passed
Council Show and Tell
Councilor Kebler spent a lot of time in Council Vacancy Subcommittee meetings. Same.
Councilor Perkins says that we have a lot of people leaving the Neighborhood Leadership Alliance (NLA) and Neighborhood Associations. If you are interested in participating, you should apply. She's really excited for the first collaborative office meeting and trying to find regional solutions to this problem.
Councilor Barb Campbell went to the affordable housing committee. She also went to the environmental climate committee, who are working on home energy score stuff, she also went to other committees. She participates in so many committees.
Councilor Broadman says that there is an open municipal court judge position. People are moving into the city from China Hat because they don't have a choice. He is very concerned about this disrupting operation of managed shelters. In anticipation of increased pressure from actions taken outside of the city, he would like to make a motion to direct the authority to the city manager to limit camping near established homeless shelters in the city to protect shelter operations. Motion passed.
GUYS I HAVE A MONTH OFF FROM COUNCIL MEETINGS. THAT'S WHY THIS MEETING IS SO LONG.
Manager King Update
The ebike share program has had a lot of ridership. Not turning the geofencing on for the first couple weeks was intentional to get usage pattern data. The geofencing will be turned on this weekend. This is a pilot program that will go through iterative changes.
The Wilson roundabout is expected to open in June.
Time for BURA. Speedrun edition.
Bend Urban Renewal Agency (BURA)
Public hearings: Nobody cares. It's 10:30 and sleepytime is soon. Hearing closed.
2021 - 2023 Budget Adjustment
Motion Passed
Loan from City of Bend to BURA
Motion Passed
Adoption of the 2023-2027 Capital Improvement Programs (CIP)
Motion Passed
"ad Valorem" Property Tax approval for 2022-2023
TIL ad valorem taxes are taxes that are based on the value of an asset, like property taxes, or vehicle taxes.
As the clock marches on, the council is losing their sanity, and council chamber is getting chaotic.
Motion Passed
Meeting Adjourned.
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