S-1725

AN ACT Relating to unincorporated area councils; amending RCW 36.70.040; adding new sections to chapter 36.105 RCW; and repealing RCW 36.105.010, 36.105.020, 36.105.030, 36.105.040, 36.105.050, 36.105.060, 36.105.070, 36.105.080, 36.105.090, and 36.105.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Voters of the unincorporated areas of the state are authorized to establish unincorporated area councils as provided in this chapter.

It is the purpose of this chapter to provide residents of unincorporated areas with direct input in the preparation of a comprehensive plan for their community by establishing a governmental mechanism to develop a proposed subarea plan for a community that is consistent with the county's comprehensive plan. In addition, it is the purpose of this chapter to have unincorporated area councils serve as forums for the discussion of local issues.

NEW SECTION. Sec. 2. Unincorporated area councils may be established in the unincorporated area of a county that is planning under chapter 36.70A RCW. A community for which an unincorporated area council is created in a county with a population of less than one million must have at least one thousand residents when the unincorporated area council is created. A community for which an unincorporated area council is created in a county with a population of one million or more must have at least five thousand residents when the unincorporated area council is created.

NEW SECTION. Sec. 3. (1) The process to create 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 an unincorporated area council; (b) set forth proposed boundaries for the community; (c) indicate the number of members on the unincorporated area council, which shall be five, seven, or nine; 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 to the county legislative authority the sufficiency of the petitions within fifteen days of when the petitions were filed.

(2) If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public hearing within the community on the creation of the proposed unincorporated area council no later than sixty days after the certification. 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 community in a manner designed to attract public attention.

(3) After receiving testimony on the creation of the proposed unincorporated area council, the county legislative authority must remove any area from the proposed community that may not be included within a community and may otherwise alter the boundaries of the proposed community, but such an alteration may not 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 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 unincorporated area council shall be created, and to elect the initial 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 unincorporated area council. The unincorporated area council shall be created if the ballot proposition authorizing the creation of the unincorporated area council is approved by a simple majority vote of the voters of the community voting on the proposition.

NEW SECTION. Sec. 4. The initial members of an unincorporated area council shall be elected at the same election as the ballot proposition is submitted authorizing the creation of the unincorporated area council. However, the election of the initial councilmembers shall be null and void if the ballot proposition authorizing the creation of the 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. Candidates shall run for specific council positions. The person receiving the greatest number of votes for each council position shall be elected as an initial councilmember. Staggering of terms of office shall be accomplished by having the simple majority of the persons who are elected receiving the greatest number of votes being elected to four-year terms of office, and the remaining persons who are elected being elected to two-year terms of office, if the election was held in the same year as the year in which members of the county legislative authority normally are elected, or the simple majority of the persons who are elected receiving the greatest number of votes being elected to three-year terms of office, and the remaining persons who are elected being elected to one-year terms of office, if the election was held in 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.

NEW SECTION. Sec. 5. 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, or nine, as specified in the petition calling for the creation of the unincorporated area council. At every other general election when councilmembers are elected, the number of councilmembers who are normally elected shall vary by one.

Except as provided in this chapter, unincorporated area councilmembers shall be nominated and elected at nonpartisan elections pursuant to general election laws. The county shall pay for the costs of all elections associated with unincorporated area councils and the election of councilmembers.

The terms of office of each councilmember shall be reduced 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 unincorporated area councilmembers, except as provided in section 4 of this act.

Vacancies on an unincorporated area council occur as provided in RCW 42.12.010 and shall be filled as provided in RCW 42.12.070.

NEW SECTION. Sec. 6. An unincorporated area council may develop and transmit a proposed subarea plan to the county legislative authority for its review. The proposed subarea plan must be consistent with the county's comprehensive plan and the county shoreline master program. An unincorporated area council shall have the same powers and duties within its boundaries as a planning commission established under RCW 36.70.030. In assisting the county planning agency in the preparation or revision of a subarea plan and development regulations for the area within its boundaries, the unincorporated area council shall address all of the required elements of a comprehensive plan and any optional elements selected by the county. The proposed subarea plan must be based on the growth management population projection made for the county by the office of financial management, as allocated to the area served by the unincorporated area council by the county planning agency. Within ninety days of transmittal of the subarea plan to the county legislative authority, the county legislative authority or planning commission shall hold a public hearing. The subarea plan shall be the only agenda item at the public hearing. The hearing shall be conducted by the county legislative authority unless such hearing is specifically delegated to the planning commission. To the extent possible, the county legislative authority or planning commission shall hold any hearings on the subarea plan within the boundaries of the unincorporated area council.

NEW SECTION. Sec. 7. Unincorporated area councils shall not have the authority to take quasi-judicial actions nor to decide permit applications. Unincorporated area councils shall serve as forums for the discussion of local issues. The county may provide administrative and staff support for each unincorporated area council within its boundaries.

Among other general laws, unincorporated area councils are subject to chapter 42.30 RCW, the open public meetings act, and chapter 42.17 RCW, the public disclosure act.

NEW SECTION. Sec. 8. An unincorporated area council may provide for the annexation of adjacent unincorporated areas in the same county to the community that legally may be included within the community that are not included within another community for which an unincorporated area council has been established.

Annexations shall be initiated by either resolution of the unincorporated area council proposing the annexation or petition of voters residing in the adjacent area, which petition: (1) Requests the annexation; (2) sets forth the boundaries of the area proposed to be annexed; and (3) 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 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 unincorporated area council initiated the annexation by resolution or if the unincorporated area 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 annexation is approved by a simple majority vote of the voters of the area proposed to be annexed voting on the proposition.

NEW SECTION. Sec. 9. An unincorporated area council that is located in a county with a population of less than one million shall be dissolved if the population of the community is reduced to less than five hundred persons. An unincorporated area council that is located in a county with a population of one million or more shall be dissolved if the population of the community is reduced to less than two thousand five hundred persons.

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 unincorporated area councilmembers would be elected that occur at least twelve years after the creation or 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 the unincorporated area council is retained, the persons who are newly elected members of the council and the other members of the council whose terms have not expired shall constitute the members of the 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.

Sec. 10. RCW 36.70.040 and 1963 c 4 s 36.70.040 are each amended to read as follows:

By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning department which shall be organized and function as any other department of the county. When such department is created, the board shall also create a planning commission which shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls and/or amendments thereto. To this end, the planning commission shall conduct such hearings as are required by this chapter and shall make findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the board with such comments and recommendations it deems necessary. However, hearings concerning a subarea plan proposed by an unincorporated area council shall be conducted by the board unless such hearings are specifically delegated to the planning commission.

NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

(1) RCW 36.105.010 (Purpose) and 1991 c 363 s 99;

(2) RCW 36.105.020 (Definitions) and 1991 c 363 s 100;

(3) RCW 36.105.030 (Minimum requirements) and 1991 c 363 s 101;

(4) RCW 36.105.040 (Creation) and 1991 c 363 s 102;

(5) RCW 36.105.050 (Election of initial community councilmembers) and 1991 c 363 s 103;

(6) RCW 36.105.060 (Community councilmembers--Election--Terms) and 1991 c 363 s 104;

(7) RCW 36.105.070 (Responsibility of county legislative authority) and 1991 c 363 s 105;

(8) RCW 36.105.080 (Powers) and 1991 c 363 s 106;

(9) RCW 36.105.090 (Annexation) and 1991 c 363 s 107; and

(10) RCW 36.105.100 (Dissolution) and 1991 c 363 s 108.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act are each added to chapter 36.105 RCW.