HomeMy WebLinkAbout149David W. Johnson
From:
Sent:
To:
Cc:
Subject:
David Alvarez
Tuesday, June 28, 2016 1:40 PM
Carol Morris
David W. Johnson; Philip Morley
RE: Jefferson County-Pleasant Harbor MPR-development regulations
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From : Carol Mo rris [ma i lto :ca ro l_a_morris@ msn.com]
Sent: Tuesday, June 28,2076 1:28 PM
To: David Alva rez <DAlva rez@co.jefferson.wa. us>
Cc: David W. Joh nson <djohnson @co.jefferson.wa. us>
Subject: RE : Jefferson County-Pleasa nt Ha rbo r M PR-develo pment regu lations
My clients understand that development will take place, however, it must proceed in
compliance with law. Jefferson County plans under GMA and must adopt codes and allow
public pafticipation consistent with GMA and SEPA.
I have spent my entire career representing municipalities in land use litigatlon and/or
acting as city attorney. I am interested in the proposal for the same reason that I
developed my mode! ordinances -- see my website -- I have seen and/or participated in
too many lawsuits and administrative appeals based on inadequate codes. It is a big
waste of public funds. Cities and counties do not have money to spend on unnecessary
lawsuits and administrative appeals -- and even if they did, I believe that public funds
should instead be spent on worthwhile endeavors.
Carol Motris, Morris Law, P.C.
3304 Rosedale Street N.W., Suite 200
Gig Harbor, WA 98335
(2s3) 8s1-5090
F: (360) 8s0-1099
carol(4)carolmorislaw,com
Website: carolmonislaw.com
This message is confidential, intended only for the named recipient(s) and may contain information that is privileged,and/or attorney work production
exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of
this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notiff the sender at either the e-mail
address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of
any attorney-client product or other applicable privilege, Thank you.
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From : DAlvarez@co. iefferson.wa. us
To: carol a morris@msn,com
CC: diohnson @co. iefferson.wa.us
Subject: RE: Jefferson County-Pleasant Harbor MPR-development regulations
Date: Tue, 28 Jun 2015 18:58:48 +0000
I will double-check with the Public Works Director on whether there is a concurrency Ordinance.
]efferson County fully expects a Growth Board appeal whatever the final decision is on the Pleasant
Harbor MPR proposal.
Are you in alliance with those persons in the county who want to see a different sizef intensity of
Pleasant Harbor MPR?
Will you be their lawyer?
In other words, what caused you to be involved with this proposal?
David Alvarez
From: Carol Morris [mailto:carol a morris@msn.com]
Sent: Tuesday, June 28,2OL6 10:46 AM
To: David Alva rez <DAlva rez @co. iefferso n.wa. us>
Cc: Philip Morley <pmorlev@co.iefferson.wa.us>; David W. Johnson <diohnson@co.iefferson.wa.us>; David Goldsmith
<DGoldsmith@co.iefferson.wa.us>; Michael Haas <MHaas@co.iefferson.wa.us>; Sarah Martin
<smartin@co.iefferson.wa.us>; Monte Reinders <MReinders@co.iefferson.wa.us>
Subject: RE: Jefferson County-Pleasant Harbor MPR-development regulations
P.S. Sorry for the typo -- see below. My e-mail is automatically finishing my words for
me with the wrong ones!
Catol Motris, Motris Law, P.C.
3304 Rosedale Street N.W., Suite 200
Gig Harbor, WA 98335
(2s3) 8sr-s090
F: (360) 85G1099
carcllDcarolmonislaw.com
Website: carclmorislaw.com
This message is confidenUal, intended only for the named recipient(s) and may contain information that is privileged,and/or attorney work production
exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of
this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notiff the sender at either the e-mail
address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of
any attorney-client product or other applicable privilege. Thank you.
2
From: carol a morris@msn.com
To: dalvarez@co.iefferson.wa.us
CC: pmorlev@co.iefferson.wa.us; diohnson@co.iefferson.wa.us; deoldsmith(aco.iefferson.wa.us;
m h aas@co. iefferso n.wa. u s;s m a rti n @ co. i efferson.wa. u s; m re i n d ers @co. ieffe rso n.wa. us
Subject: RE: Jefferson Cou nty-Pleasant Harbor M PR-development regulations
Date: Tue, 28 Jun 2016 10:39:51 -0700
Good morning: Thanks for your response. It doesn't appear that you have had a chance
to read the letter I drafted to the Commissioners. I understand that the County has a
code. My point in sending model ordinances for the County to consider was to
respectfully request that the County consider whether its exlsting ordinances (or lack
thereof) are consistent with law or even su{ficient for the County's purposes. (I have
been hired by the Association of Washington Cities Risk Management Seruices Agency
(AWC RMSA) to review many, many municipal codes. I have also been hired by AWC
RMSA and a number of cities to draft model development codes for adoption. One of the
people I worked with at AWC RMSA is now working for the Washington Counties Risk Pool
-- Derek Bryan -- and he can provide you with information about my qualifications.)
With regard to the SEPA ordinance that the County should have adopted, all you need to
do is contact the Department of Ecology to find out whether Jefferson County's few SEPA
provisions (which are merely summaries of someone's interpretation of SEPA) are
sufficient. DOE also has a model SEPA ordinance that is very similar to the ordinance that
I sent to you. In addition, the SEPA Rules were updated in 20L4, and the County's brief
summaries of SEPA do not consider the new revisions to the SEPA Rules.
Most cities do not bury SEPA in the chapter relating to project permit processing because
SEPA applies to all "actions" (as defined in WAC L97-lL-704) that are not listed as
categorically exempt in WAC 197-11-800. So, the County's decision to include SEPA in
this chapter alone is highly unusual.
On the concurrency ordinance, I suggest that the County review RCW 36.70A.070(6Xb)
and the applicable law. Again, there appears to be some misunderstanding --
concurrency is not merely the adoption of 6 year road plans and the ability to calculate
LOS.
I assume that your comment on "how to draft Development Regulations" should have
been "how to draft Development Agreements." I provided this ordinance to the County
because it appears that the County's MPR regulations and development agreement
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regulations do nothing more than list the items that may be included in a development
agreement.
As the County is aware, these SEPA and GMA (concurrenry) issues can certainly be
addressed through an appeal of the County's draft development regulations to the Growth
Management Hearings Board. By providing the model codes to you, I was simply
attempting to prevent any fufther expense on all sides by suggesting that the County
update its codes and then implement those codes. With regard to the MPR draft
development regulations, I would be happy to provide the County with a complete
revision to consider.
Thank you for your response and I wish you the best of luck at your new job.
Catol Moris, Motris Law, P.C.
3304 Rosedale Street N.W., Suite 2fi)
Gig Harbor, WA 98335
(2s3) 851-s090
F: (360) 8s0-109!)
carol@carolmomislaw.com
Website: carolmonislaw.com
This message is confidenUal, intended only for the named recipient(s) and may contain information that is privileged,and/or attorney work production
exempt from disclosure under applicable law. If you are not the intended recipient(s), you are noUfied that the dissemination, distribution or copying of
this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notiff the sender at either the e-mail
address or telephone number above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of
any attorney-client product or other applicable privilege. Thank you.
From : DAlva rez(oco. iefferson.wa. us
To: carol a morrts@msrl.con0
CC: pmorlev@co.iefferson.wa.us; diohnson@co.iefferson.wa.us; DGoldsmith@co.iefferson.wa.us;
MHaas@co.iefferson.wa.us; smartin@co.iefferson.wa.us; MReinders@co.iefferson.wa.us
Su bject: Jefferson County-Pleasant Harbor M PR-development regu lations
Date: Tue, 28 Jun 2OLG L7:tL:19 +0000
Hi Carol:
I am David Alvarez, the Chief Civil DPA for Jefferson County.
By coincidence, today is my last day with the County as I have a new job elsewhere.
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Wanted to write to tell you that there is no need to include Sarah Martin in any
emails-she is a Legal Asst.
If you want to contact the Count5r's legal dept, then please contact
mhaas(Dco. i efferson. wa. us.
I also note that you have been sending along proposed Ordinances, so called model
Ordinances.
The County already has a SEPA ordinance in place at County Code Section
18.40.700 to Section 18.40.810
The County already has in place an Ordinance on how to draft Development
Regulations. County Code Section 18.40.820 to Section 18.40.860.
I am not aware of a "Concurrency Ordinance" for this County but Public Works is
very careful about creating 6 year Transportation Improvement Plans and is quite aware of
how to measure LOS.
What I am saying is that I am not aware of any intent by the County to adopt, revise,
amend any of its Ordinances other than to create development Regulations for the Pleasant
Harbor MPR.
David Alvarez, Chief Civil DPA, Jefferson County
All e-mail sent to this address has been received by the fefferson County e-mail system and is therefore
subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the
County must release this e-mail and its contents to any person who asks to obtain a copy (or for
inspectionJ of this e-mail unless it is also exempt from production to the requester according to state law,
including RCW 42.56 and other state laws.
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