1464-S AMH VALL H2214.1

 

 

 

SHB 1464 - H AMD 000142 WITHDRAWN 03-13-93

By Representatives Valle, Van Luven, Heavey, Locke, Cole G., Fisher G., Cooke, Forner

                                                                   

 

    On page 64, after line 7, insert the following:

 

    "Sec. 75.  RCW 36.105.010 and 1991 c 363 s 99 are each amended to read as follows:

    Voters of the unincorporated areas of the state are authorized to establish ((community)) unincorporated area councils as provided in this chapter.

    It is the purpose of this chapter to enable the voters in unincorporated areas to establish local representative bodies which can articulate a community identity, build community spirit, and provide the community with greater political voice.

    In addition, it is the purpose of this chapter to provide voters of unincorporated areas ((in counties with a population of over thirty thousand that are made up entirely of islands)) with direct input on the planning and zoning of their community by establishing a governmental mechanism to adopt ((proposed community comprehensive plans and)) a proposed community zoning ordinance((s)) for a community that ((are)) is consistent with the county's comprehensive plan and an ((overall guide and framework)) ordinance adopted by the county legislative authority establishing a guide and framework for community zoning ordinances.  In addition, it is the purpose of this chapter to have ((community)) unincorporated area councils serve as forums for the discussion of local issues.

 

    NEW SECTION.  Sec. 76.  A new section is added to chapter 36.105 RCW to read as follows:

    Unincorporated area councils may be established only in the following counties:

    (1) A county composed entirely of islands and with a population of over thirty thousand; or

    (2) A county with a population of one million or more.

 

    Sec. 77.  RCW 36.105.020 and 1991 c 363 s 100 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Community" means a portion of the unincorporated area for which ((a community)) an unincorporated area council has been established ((and which is located in a county with a population of over thirty thousand that is made up entirely of islands)).

    (2) (("Community comprehensive plan" means a comprehensive plan adopted by a community council.

    (3) "Community council" means the governing body established under this chapter to adopt community comprehensive plans and community zoning ordinances for a community.

    (4))) "Community zoning ordinance((s))" means the zoning ordinance((s)) adopted by ((a community)) an unincorporated area council to implement ((a community)) and be consistent with the county's comprehensive plan.

    (3) "Unincorporated area council" means the governing body established under this chapter to adopt a proposed community zoning ordinance for a community.

 

    Sec. 78.  RCW 36.105.030 and 1991 c 363 s 101 are each amended to read as follows:

    A community for which ((a community)) an unincorporated area council is created ((may include only unincorporated territory located in a single county with a population of over thirty thousand that is made up entirely of islands and not included within a city or town.  A community council)) must have at least one thousand ((persons residing within the community when the community)) residences when the unincorporated area council is created or, where the community only includes an entire island, at least three hundred ((persons must reside on the island)) residences when the ((community)) unincorporated area council is created.  Any portion of such a community that is annexed by a city or town, or is incorporated as a city or town, shall be removed from the community upon the effective date of the annexation or the official date of the incorporation.  Except for a community that is composed of an entire island, a community may not include territory located both inside and outside of an urban growth area designated under RCW 36.70A.110.

 

    Sec. 79.  RCW 36.105.040 and 1991 c 363 s 102 are each amended to read as follows:

    (1) The process to create ((a community)) an unincorporated area council shall be initiated by the filing of petitions with the county auditor of the county in which the community is located which:  (a) Call for the creation of ((a community)) an unincorporated council; (b) set forth the boundaries for the community; (c) indicate the number of ((community councilmembers)) members on the unincorporated area council, which shall be five, seven, nine, ((or)) eleven, thirteen, or fifteen; and (d) contain signatures of voters residing within the community equal in number to at least ten percent of the voters residing in the community who voted at the last state general election.  The county auditor shall determine if the petitions contain a sufficient number of valid signatures and certify the sufficiency of the petitions within fifteen days of when the petitions were filed.  If the petitions are certified as having sufficient valid signatures, the county auditor shall transmit the petitions and certificate to the county legislative authority.

    (2) The county legislative authority shall hold a public hearing within the community on the creation of the proposed ((community)) unincorporated area council no later than sixty days after the petitions and certificate of sufficiency were transmitted to the county legislative authority.  Notice of the public hearing shall be published in a newspaper of general circulation in the community for at least once a week for two consecutive weeks, with the last date of publication no more than ten days prior to the date of the public hearing.  At least ten days before the public hearing, additional notice shall be posted conspicuously in at least five places within the ((proposed)) community in a manner designed to attract public attention.

    (3) After receiving testimony on the creation of the proposed ((community)) unincorporated area council, the county legislative authority may alter the boundaries of the community, but the boundaries may not be altered to reduce the number of persons living within the community by more than ten percent or below the minimum number of residents who must reside within the community at the time of the creation of the ((community)) unincorporated area council.  If territory is added to the community, another public hearing on the proposal shall be held.

    (4) The county legislative authority shall call a special election within the community to determine whether the proposed ((community)) unincorporated area council shall be created, and to elect the initial ((community)) unincorporated area councilmembers, at the next state general election occurring seventy-five or more days after the initial public hearing on the creation of the proposed ((community)) unincorporated area council.  The ((community)) unincorporated area council shall be created if the ballot proposition authorizing the creation of the ((community)) unincorporated area council is approved by a simple majority vote of the voters of the community voting on the proposition.

 

    Sec. 80.  RCW 36.105.050 and 1991 c 363 s 103 are each amended to read as follows:

    The initial members of ((the community)) an unincorporated area council shall be elected at the same election as the ballot proposition is submitted authorizing the creation of the ((community)) unincorporated area council.  However, the election of the initial ((community)) councilmembers shall be null and void if the ballot proposition authorizing the creation of the ((community)) unincorporated area council is not approved by a simple majority vote of the voters of the community voting on the proposition.

    No primary election shall be held to nominate candidates for initial council positions.  ((The initial community council shall consist of the candidate for each council position who receives the greatest number of votes for that council position.))  Candidates shall run for specific council positions.  The person receiving the greatest number of votes for each council position is elected as a councilmember.  Staggering of terms of office shall be accomplished by having the simple majority of the ((winning candidates who receive)) persons who are elected receiving the greatest number of votes being elected to four-year terms of office, and the remaining ((winning candidates)) persons who are elected being elected to two-year terms of office, if the election was held in ((an even-numbered)) the same year as the year in which members of the county legislative authority normally are elected, or the simple majority of the ((winning candidates who receive)) persons who are elected receiving the greatest number of votes being elected to three-year terms of office, and the remaining ((winning candidates)) persons who are elected being elected to one-year terms of office, if the election was held in ((an odd-numbered)) a year in which members of the county legislative authority normally are not elected, with the terms of office being computed from the first day of January in the year following the election.  Initial councilmembers shall take office immediately when qualified in accordance with RCW 29.01.135.

    ((However, where the county operates under a charter providing for the election of members of the county legislative authority in odd-numbered years, the terms of office of the initial councilmembers shall be four years and two years, if the election of the initial councilmembers was held on an odd-numbered year, or three years and one year, if the election of the initial councilmembers was held on an even-numbered year.))

 

    Sec. 81.  RCW 36.105.060 and 1991 c 363 s 104 are each amended to read as follows:

    ((Community)) Unincorporated area councilmembers shall be elected to staggered four-year terms of office until their successors are elected and qualified.  Each council position shall be numbered separately.  Candidates shall run for specific council positions.  The number of council positions shall be five, seven, nine, or eleven, as specified in the petition calling for the creation of the ((community)) unincorporated area council.  At every other general election when councilmembers are elected, the number of councilmembers who are normally elected shall vary by one.

    ((Community)) Except as provided in this chapter, unincorporated area councilmembers shall be nominated and elected at nonpartisan elections pursuant to general election laws((, except the elections shall be held in even-numbered years, unless the county operates under a charter and members of the county legislative authority are elected in odd-numbered years, in which case, community councilmembers shall be elected in odd-numbered years)).  The county shall pay for the costs of all elections associated with unincorporated area councils and the election of councilmembers.

    The county legislative authority shall increase the terms of office of each councilmember by one year if the voters of the county approve a county charter or an amendment to a county charter altering the year in which members of the county legislative authority normally are elected.

    The provisions of this section apply to the election and terms of office of the initial ((community)) unincorporated area councilmembers, except as provided in RCW 36.105.050.

    ((A councilmember shall lose his or her council position if his or her primary residence no longer is located within the community.))  Vacancies on ((a community)) an unincorporated area council occur as provided in RCW 42.12.010 and shall be filled by action of the remaining councilmembers.  If less than two councilmembers remain on the council, the county legislative authority shall appoint one or two qualified persons until the council has two members.  A vacancy shall be filled by action of the county legislative authority if the remaining councilmembers fail to fill a vacancy within sixty days of the occurrence of the vacancy.  An appointee shall fill the vacancy until a person is elected at the next general election at which councilmembers normally would be elected that occurs twenty-eight or more days after the occurrence of the vacancy.  When time permits, and more than two persons file to fill the vacancy, a primary shall be held.  If needed, a special filing period shall be authorized.  The person who is elected shall take office immediately and serve the remainder of the unexpired term of office.  However, if an election for the vacant position would otherwise have been held at this election, only one election may be held and the person who is elected shall be elected to both the remainder of the unexpired term and the succeeding term of office.

 

    Sec. 82.  RCW 36.105.070 and 1991 c 363 s 105 are each amended to read as follows:

    (1) Within ((ninety)) one hundred twenty days of the election at which ((a community)) an unincorporated area council is created, the county legislative authority shall adopt an ordinance establishing policies and conditions ((and designating portions or components of the county comprehensive plan and zoning ordinances)) that serve as an overall guide and framework for the development of proposed ((community comprehensive plans and proposed)) community zoning ordinances.  ((The conditions and policies shall conform with the requirements of chapter 36.70A RCW.))  In addition, the ordinance may contain factors and provisions of general importance that must be included in the proposed community zoning ordinance that is adopted by the unincorporated area council of a particular community.

    (2) ((Proposed community comprehensive plans and)) Each proposed community zoning ordinance((s that are)) adopted by ((a community)) an unincorporated area council shall be submitted to the county legislative authority for its review of the consistency of the ((proposed plans and)) proposed ordinance((s)) with the county ordinance adopted under subsection (1) of this section and the county's comprehensive plan, which where applicable includes, but is not limited to, the designation of lands and areas under RCW 36.70A.170, conserving lands and protecting areas under RCW 36.70A.060, retaining the urban nature of urban growth  areas designated under RCW 36.70A.110 and the nonurban nature of areas outside of urban growth areas, and other actions taken by the county under chapter 36.70A RCW.  A community zoning ordinance may not alter the county's shoreline master program.  The county legislative authority shall either approve the proposed ((plans and proposed)) community zoning ordinance((s)) as adopted, or refer the proposed ((plans and proposed)) community zoning ordinance((s)) back to the ((community)) unincorporated area council with written findings specifying the inconsistencies, within ninety days after ((they were)) it was submitted.  The county ((comprehensive plan, or subarea plan and comprehensive plan, and)) zoning ordinance((s)) shall remain in effect in the community until the ((proposed community comprehensive plans and)) proposed community zoning ordinance((s have)) has been approved as provided in this subsection.

    An approved community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW.

    (3) Each proposed amendment to an approved ((community comprehensive plans or approved)) community zoning ordinance((s)) that is adopted by ((a community)) an unincorporated area council shall be submitted to the county legislative authority for its review of the consistency of the amendment with the county ordinance adopted under subsection (1) of this section and the county's comprehensive plan.  The county legislative authority shall either approve the proposed amendment as adopted, or refer the proposed amendment back to the ((community)) unincorporated area council, with written findings specifying the inconsistencies within ninety days after the proposed amendment was submitted.  The unamended ((community comprehensive plans and unamended)) community zoning ordinance((s)) shall remain in effect in the community until the proposed amendment has been approved as provided in this subsection.

    An approved amendment to a community zoning ordinance in a county that is required or chooses to plan under RCW 36.70A.040 is subject to potential appeal to a growth planning hearings board under chapter 36.70A RCW.

    (4) If the county legislative authority amends the county's comprehensive plan or the county ordinance it adopted under subsection (1) of this section, ((a community)) each unincorporated area council shall ((be given at least one hundred twenty days to)) amend its ((community comprehensive plans and)) community zoning ordinance((s)) to be consistent with ((this)) the amended county comprehensive plan or amended county ordinance.  ((However,)) The county legislative authority may amend ((the community comprehensive plans and)) community zoning ordinances to achieve consistency with ((this)) the amended county comprehensive plan or amended county ordinance.  Nothing in this subsection shall preclude ((a community)) an unincorporated area council from subsequently obtaining approval of its proposed ((community comprehensive plans and proposed)) amendments to the community zoning ordinance((s)) that is so altered by the county legislative authority.

    (5) Approved ((community comprehensive plans and approved)) community zoning ordinances shall be enforced by the county as if they had been adopted by the county legislative authority.  All quasi-judicial actions and permits relating to these plans and ordinances shall be made and decided by the county legislative authority or otherwise as provided by the county legislative authority.

    (6) The county shall provide administrative and staff support for each ((community)) unincorporated area council within its boundaries, may supplement the support with appropriations or matching fund pools for use by unincorporated area councils, and shall defend each unincorporated area council in any lawsuit over the actions taken by the unincorporated area council under this chapter.

    (7) The county shall solicit the input of the unincorporated area councils established within its boundaries at an appropriate time in the budget process and shall consider budget recommendations as the legitimate will of the community.

 

    Sec. 83.  RCW 36.105.080 and 1991 c 363 s 106 are each amended to read as follows:

    ((A community council shall adopt proposed community comprehensive plans and proposed community zoning ordinances as provided in RCW 36.105.070.  Community)) An unincorporated area council shall serve as a representative body and forum for the community and shall promote public involvement in government, review government activity within the community and may collaborate with business organizations, governmental authorities, and civic groups in order to improve the general welfare of the community.  Unincorporated area councils shall not have the authority to take quasi-judicial actions nor to decide permit applications.  ((In addition, a community)) Unincorporated area councils shall serve as ((a)) forums for the discussion of local issues.

    ((Community)) Among other general laws, unincorporated area councils are subject to chapter 42.30 RCW, the open public meetings act.

 

    Sec. 84.  RCW 36.105.090 and 1991 c 363 s 107 are each amended to read as follows:

    ((A community)) An unincorporated area council may provide for the annexation of adjacent unincorporated areas to the community that are not included within another community for which ((a community)) an unincorporated area council has been established.  However, a community that is located outside an urban growth area may not annex areas inside an urban growth area and a community that is located inside an urban growth area may not annex areas outside of the urban growth area.

    Annexations shall be initiated by either resolution of the ((community)) unincorporated area council proposing the annexation or petition of voters residing in the adjacent area, which petition:  (a) Requests the annexation; (b) sets forth the boundaries of the area proposed to be annexed; and (c) contains signatures of voters residing within the area that is proposed to be annexed equal in number to at least ten percent of the voters residing in that area who voted at the last state general election.  Annexation petitions shall be filed with the county auditor who shall determine if the petitions contain a sufficient number of valid signatures, certify the sufficiency of the petitions, and notify the ((community)) unincorporated area council of the sufficiency of the petitions within fifteen days of when the petitions are submitted.

    ((A ballot proposition authorizing the annexation shall be submitted to the voters of the area that is proposed to be annexed at a primary or general election in either an odd-numbered or even-numbered year, if the community council initiated the annexation by resolution or if the community council concurs in an annexation that was initiated by the submission of annexation petitions containing sufficient valid signatures.))  The annexation shall occur if the ballot proposition authorizing the ((creation of the community)) annexation is approved by a simple majority vote of the voters of the area proposed to be annexed voting on the proposition.  The county's ((comprehensive plan, and where applicable to the county's subarea plan, and)) zoning ordinances shall continue in effect in the annexed area until proposed amendments to the ((approved community comprehensive plans and)) approved community zoning ordinance have been approved that apply to the annexed area.

 

    Sec. 85.  RCW 36.105.100 and 1991 c 363 s 108 are each amended to read as follows:

    ((A community)) An unincorporated area council shall be dissolved if the population of the community is reduced to less than five hundred persons, or less than two hundred persons if the community only ((includes)) included an entire island at the time of creation of the unincorporated area council.

    The question of whether an unincorporated area council should be retained shall be submitted to the voters of a community at the next general election at which ((community)) unincorporated area councilmembers would be elected((, occurring)) that occurs at least ((four)) twelve years after the creation or ((reestablishment of a community, a ballot proposition shall be submitted to the voters of the community on whether the community shall be reestablished)) latest affirmative vote to retain the unincorporated area council.  The unincorporated area council shall be retained if the proposition to retain the unincorporated area council is approved by a simple majority vote of the voters of the community voting on the proposition.  The election for council positions shall be held as if the ballot proposition on retaining the unincorporated area council were not submitted.  If ((reestablished)) the unincorporated area council is retained, the persons who are newly elected members of the ((community)) council and the ((retained)) other members of the ((community)) council whose terms have not expired shall constitute the members of the ((community)) unincorporated area council.  If the unincorporated area council is not retained, the election of the new councilmembers is null and void, and the unincorporated area council shall be dissolved.

    Whenever an unincorporated area council is dissolved, the approved community zoning ordinance remains in effect until altered by the county legislative authority.

 

    NEW SECTION.  Sec. 86.  (1) A joint legislative committee on unincorporated area governance is established consisting of:  (a) Three members of the senate, with no more than two from the majority caucus, to be appointed by the president of the senate; and (b) three members of the house of representatives, with no more than two from the majority caucus, to be appointed by the speaker of the house of representatives.

    The unincorporated area governance joint committee shall study and develop legislation on alternative forms of local governance for the unincorporated areas of counties and present its findings and the proposed legislation to the legislature on or before December 31, 1993.

    (2) This section expires on December 31, 1993."

 

    Renumber the remaining sections consecutively and correct internal references accordingly.

 


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