HomeMy WebLinkAbout042720_ra03Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Linda Paralez, Acting DCD Director
DATE: April 24, 2020
RE: Modification of the Comprehensive Plan Docket Schedule in Chapter 18.45. JCC Due
to the COVID-19 Pandemic Emergency
STATEMENT OF ISSUE: Chapter 18.45 JCC contains a process for the annual Comprehensive
Plan docket (docket). Due to the COVID-19 pandemic emergency, that schedule cannot be met. The
Board of County Commissioners (BoCC) will consider adopting a resolution suspending deadlines in the
Chapter 18.45 JCC schedule for the docket, with required final Board of County Commissioners'
legislative action on 2020 docket items by February 26, 2021, unless extended by the BoCC consistent
with WAC 365-196-640(3)(a). In addition, because of the COVID-19 pandemic and related budget
issues, the docket should be limited.
ANALYSIS: On February 29, 2020, Governor Jay Inslee declared a State of Emergency due to the
COVID-19 pandemic. On March 24, 2020, Governor Inslee signed a proclamation (20-28) declaring that
a State of Emergency continues to exist in all Counties in Washington State due to COVID-19; and that
portions of RCW 42.30 and RCW 42.56 that require in-person meetings or contact are waived and
suspended until midnight on April 23, 2020. This has since been extended to May 4, 2020 and likely will
be extended again. This COVID-19 pandemic and the Governor's orders have severely impacted the
Jefferson County Department of Community Development (DCD) staffing schedules, including the need
to reassign the DCD director to be Jefferson County's COVID-19 Finance Section Chief, consistent with
the emergency powers granted by RCW 38.52.070(2). The pandemic and the Governor's orders also
creates major barriers to the public participation process required for considering Comprehensive Plan
amendments through the annual docket process. Accordingly, the schedule for the docket cannot be met.
A draft resolution is attached to: (1) suspend pending deadlines while retaining normal docket procedures;
(2) suggest limiting the items on the docket; and, (3) postpone the deadline for County Commissioner
final legislative action on the docket items until February 26, 2021 after a planning commission hearing.
FISCAL IMPACT: No significant impact.
RECOMMENDATION: Consider and adopt the attached resolution.
REVIEWED BY:
,37—
Philip Morle , mmis ra or Date
JEFFERSON COUNTY
STATE OF WASHINGTON
IN THE MATTER OF ESTABLISHING }
THE 2020 COMPREHENSIVE PLAN } RESOLUTION NO.
AMENDMENT DOCKET AND I
ESTABLISHING DEADLINES FOR
LEGISLATIVE ACTION
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency in
all Counties in Washington State due to the public health emergency caused by the COVID-19
virus; and
WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public
Health Order to control and prevent the spread of the COVID-19 virus; and
WHEREAS, on March 16, 2020, the World Health Organization declared the outbreak of
COVID-19 to be a pandemic; and
WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners ("BoCC")
approved a Declaration of Emergency due to the COVID-19 Pandemic; and
WHEREAS, on March 23, 2020, Governor Jay Inslee signed a proclamation (20-25)
declaring that a State of Emergency continues to exist in all counties in Washington State due to
COVID-19; and that his prior proclamations are amended and superseded by proclamation to
impose a Stay Home — Stay Healthy Order throughout Washington State, which prohibits all
people in Washington State from leaving their homes or participating in social, spiritual and
recreational gatherings of any kind regardless of the number of participants, and all non-essential
business in Washington State from conducting business, within the limitations provided in
Proclamation 20-25; and
WHEREAS, on April 4, 2020, Governor Jay Inslee extended through May 4, 2020, his
Stay Home — Stay Healthy Order throughout Washington State; and
WHEREAS, on March 23, 2020, the BoCC approved a Resolution Adopting a Temporary
Policy for a Limited Period of Time to Grant "Emergency Paid Administrative Leave";
Authorize Telecommuting; and Authorize Sick Leave Advancement for employees due to the
COVID-19 Pandemic through April 24, 2020; and
WHEREAS, on April 13, 2020, the BoCC approved a Resolution Adopting a Second
Temporary County Policy Based on Emergency Response to the COVID-19 Pandemic
authorizing telecommuting, temporary expanded use of employer provided sick leave, temporary
sick leave advancement and expanded family and medical leave through May 4, 2020; and
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WHEREAS, on March 23, 2020, the BoCC approved a Resolution Temporarily Limiting
Access to County Buildings and Offices Due to the COVID-19 Pandemic until April 24, 2020;
and
WHEREAS, on April 13, 2020, the BoCC approved a Resolution Extending the Order
Temporarily Limiting Access to County Buildings and Offices due to the COVID-19 Pandemic
through May 4, 2020 or for as long as the Governor's Stay Home — Stay Healthy Order is in
effect; and
WHEREAS, on March 24, 2020, Governor Jay Inslee signed a proclamation (20-28)
which temporarily prohibits in-person public attendance at meetings subject to the Open Public
Meetings Act and directs public agencies to conduct open public meetings through: (1)
telephonic access or electronic/internet means of remote access; and (2) provides the ability for
all persons attending the meeting to hear each other at the same time.
WHEREAS, Jefferson County has postponed non -urgent public meetings or has
transitioned to telephone or electronic/remote access meetings to comply with Governor Inslee's
Stay Home — Stay Healthy Order; and
WHEREAS, the Jefferson County Department of Community Development ("DCD") is
experiencing staffing impacts due to COVID-19, including the temporary reassignment of the
DCD Director for COVID-19 activities; and
WHEREAS, RCW 36.70A.130(2)(a) and WAC 365-196-640(6)(a) require Jefferson
County to allow interested persons to suggest amendments to the Jefferson County
Comprehensive Plan or its development regulations during annual amendment cycles; and
WHEREAS, RCW 36.70A. 13 0(2)(a) requires that local governments consider their annual
amendments, together, no more than one-time per year; and
WHEREAS, the Jefferson County Comprehensive Plan's Plan Foundation and Chapter
18.45 Jefferson County Code ("JCC") incorporates the requirement to allow interested persons to
suggest amendments to the Jefferson County Comprehensive Plan or its development regulations
during the annual amendment cycle; and
WHEREAS, Chapter 18.45 JCC establishes a preliminary and final docketing process for
the annual amendment cycle; and
WHEREAS, JCC 18.45.050 establishes a preliminary docket which requires the following
proposed amendments to be placed on the preliminary docket: (1) formal site-specific
amendments and (2) suggested text or site-specific amendments; and
WHEREAS, JCC 18.45.040 requires that suggested amendments be submitted to DCD no
later than March 1St of each year for consideration in the final docket; and
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WHEREAS, JCC 18.45.050(3) requires that applications for formal site-specific
amendments be automatically placed on the final docket, and DCD received one complete formal
site-specific application; and
WHEREAS, RCW 36.70A.070(3) requires that comprehensive plans contain a capital
facilities element, including a 6 -year financing plan for capital facilities needed within the next
6 -years; and
WHEREAS, Jefferson County is in the process of updating the Port Hadlock Sewer Plan,
including its 6 -year financing plan; and
WHEREAS, revisions to the Port Hadlock Sewer Plan likely will require an amendment to
the Comprehensive Plan's Capital Facilities Element and DCD staff recommends that this docket
item be included in the 2020 final docket; and
WHEREAS, the revisions to the Port Hadlock Sewer Plan are critical to the economic
development and public health of Jefferson County and are critical to the implementation of the
Port Hadlock Urban Growth Area; and
WHEREAS, it is in the best interest of County residents and businesses to place the
revisions to the Port Hadlock Sewer Plan on the 2020 final docket; and
WHEREAS, the DCD Director has prepared a report pursuant to JCC 18.45.060,
recommending that only the one timely reported staff suggested amendment to the
Comprehensive Plan's Capital Facilities Element for the updated Port Hadlock Sewer Plan and
that the one timely formal site-specific application should be placed on the final docket for
consideration during the annual amendment process; and
WHEREAS, adoption of the final docket does not constitute a decision or
recommendation that the substance of any docket item should be adopted by the BoCC; and
WHEREAS, it is in the best interest of the County, considering COVID-19 and its impacts
on residents, businesses and DCD staff to suspend all remaining deadlines regarding the review,
recommendation and final adoption of 2020 docket items for DCD staff, Planning Commission
and BoCC;
NOW, THEREFORE, BE IT RESOLVED, by the Jefferson County Board of County
Commissioners that in response to the COVID-19 pandemic state of emergency, the 2020
Comprehensive Plan Amendment Cycle shall be revised as follows:
1. All deadlines in Chapter 18.45 JCC for the processing and adoption of 2020 docket
items, which occur after the adoption of this resolution, are suspended; and
2. The Planning Commission hearing, report and recommendation required by JCC
18.45.060(3) shall continue to be required before the BoCC takes action to adopt the
2020 final docket, to be further processed pursuant to JCC 18.45.070 and JCC 18.45.080;
and
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3. The Planning Commission shall consider recommending to the BoCC that only the staff
suggested amendment to the Comprehensive Plan's Capital Facilities Element for the
updated Port Hadlock Sewer Plan should be placed on the final docket's suggested
amendments for consideration during the 2020 annual amendment process, along with the
one formal site-specific application that automatically is on the final docket; and
4. Pursuant to JCC 18.45.050(3), the one timely formal site specific amendment shall
automatically be placed on the final docket; and
5. The BoCC shall take final legislative action on 2020 docket items by February 26, 2021,
unless extended by the BoCC consistent with WAC 365-196-640(3)(a).
APPROVED this 27th day of April, 2020
SEAL:
ATTEST:
Carolyn Gallaway
Deputy Clerk of the Board
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JEFFERSON COUTNY
BOARD OF COMMISSIONERS
Greg Brotherton, Chair
Kate Dean, Member
David Sullivan, Member