CLATSOP COUNTY BOARD OF COMMISSIONERS AGENDA WORK SESSION & REGULAR MEETING VIRTUAL MEETING Wednesday, August 11, 2021 BOARD OF COMMISSIONERS: CONTACT: Mark Kujala, Dist. 1 – Chair 800 Exchange, Suite 410 Lianne Thompson, Dist. 5 – Vice Chair Astoria, OR 97103 John Toyooka, Dist. 2 Phone (503) 325-1000 Pamela Wev, Dist. 3 Fax (503) 325-8325 Courtney Bangs, Dist. 4 [email protected] www.co.clatsop.or.us JOIN THE BOARD OF COMMISSIONERS VIRTUAL MEETINGS Clatsop County Board of Commissioners host virtual meetings on GoToMeeting During the COVID-19 pandemic, the Board remains committed to broad community engagement and transparency of government. To provide an opportunity for public testimony while physical distancing guidelines are in effect, the Board will host virtual meetings on GoToMeeting. To join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/793513109 You can also dial in using your phone. United States (Toll Free): 1 877 309 2073 United States: +1 (646) 749-3129 Access Code: 793-513-109 Those wishing to provide testimony on public hearings or provide oral communication at the designated time must register in advance by calling 503-325-1000 or email [email protected]. Once registered, you will be notified when it is your opportunity to speak for a two-minute presentation. The public may also submit comments to [email protected] which will be provided to the Board and submitted into the record . WORK SESSION: 5:00 PM Work Sessions are an opportunity for Board members to discuss issues informally with staff and invited guests. The Board encourages members of the public to attend Work Sessions and listen to the discussion, but there is generally no opportunity for public comment. Members of the public wishing to address the Board are welcome to do so during the Board’s regularly scheduled meetings held twice monthly. Board Communication {5 min} Discuss Formal Agenda {5 min} TOPICS: 1. Comprehensive Plan Update – Draft Goal 5 Background Report and Policy Questions {20 min} {Page 3} Page 1 2. Beach Access {15 min} {Page 29} REGULAR MEETING: 6:00 PM The Board of Commissioners, as the Governing Body of Clatsop County, all County Service Districts for which this body so acts, and as the Clatsop County Local Contract Review Board, is now meeting in Regular Session. ROLL CALL AGENDA APPROVAL BUSINESS FROM THE PUBLIC – Individuals wishing to provide oral communication at the designated time must register in advance by calling 503-325-1000 or email [email protected] by 3 p.m. on the day of the meeting. CONSENT CALENDAR 3. Approve the 2021-22 Budget and Appropriation Adjustments 4. Westport Ferry Dredging & Log Vane Reconstruction – 2021 {Page 35} 5. Guardrail Installation – 2021 {Page 48} COMMISSIONER'S LIAISON REPORTS COUNTY MANAGER'S REPORT PUBLIC HEARING 6. Short-Term Rental Moratorium Ordinance 21-03 – 1st Public Hearing {Page 66} BUSINESS AGENDA 7. Consider an offer on County owned property {Page 76} GOOD OF THE ORDER ADJOURNMENT As necessary Executive Session will be held in accordance with but not limited to: ORS 192.660 (2)(d) Labor Negotiations; ORS 192.660 (2)(e) Property Transactions: ORS 192.660 (2)(f) Records exempt from public inspection; ORS 192.660 (2)(h) Legal Counsel Agenda packets also available online at www.co.clatsop.or.us This meeting is accessible to persons with disabilities or wish to attend but do not have computer access or cell phone access. Please call 325-1000 if you require special accommodations at least 48 hours prior to the meeting in order to participate. Page 2 Board of Commissioners Clatsop County WORK SESSION AGENDA ITEM SUMMARY August 11, 2021 Topic: Comprehensive Plan Update – Draft Goal 5 Background Report and Policy Questions Presented By: Gail Henrikson, Community Development Director Informational OVERVIEW Summary: At its June 15, 2021, work session, the Board directed staff to move forward with the comprehensive plan update process utilizing Scenario #3. As the process restarts, staff is preparing a draft of Goal 5 for the joint Planning Commission / Countywide Citizen Advisory Committee meeting in October. While staff is still writing the historic context, current conditions and future conditions text of the first draft of Goal 5, the attached background report is intended to provide the Board with an overview of the topics covered by Goal 5 and the new policy recommendations that have been provided by the citizen advisory committee members. The “New Policy Recommendations” are provided so the Board is aware of the issues and concerns that have been raised by members of the citizen advisory committees and members of the public that participated in the committee meetings. The Board and public should note that policy recommendations that would conflict with state statutes or other laws have not been included in this initial draft. The Goal 5 background report and new policy recommendations are attached as Exhibit A. In conjunction with the background report, staff has also prepared a policy questions memo for Goal 5. The intent of the memo is to highlight areas where future Board discussion and direction will be required. The Board’s guidance on these policy issues will assist staff in understanding parameters and scope, which can then be conveyed to the citizen advisory committee and planning commission members. NEXT STEPS As staff continues to prepare draft goals for public, committee, planning commission, and Board review, those drafts, and any identified policy questions, will be forwarded to the Board. Staff will work with the County Manager to schedule work session dates when these issues can be discussed by the Board. Attachment List Agenda Item #1. Page 3 A. Goal 5 Background Report and Policy Questions Memo Agenda Item #1. Page 4 EXHIBIT A Goal 5 Background Report and Policy Questions Memo Agenda Item #1. Page 5 Clatsop County TO: Board of Clatsop County Commissioners CC: Don Bohn, County Manager Joanna Lyons-Antley, County Counsel FROM: Gail Henrikson, Community Development Director DATE: July 29, 2021 RE: COMPREHENSIVE PLAN GOAL 5 – DRAFT 1 REWRITE As staff continues to prepare a first draft of Goal 5 for the October joint Planning Commission / Countywide Citizen Advisory Committee review, questions have arisen that require direction from the Board. The Goal 5 background report and new policy recommendations memo is attached. These questions include: ISSUE STAFF COMMENT FUTURE NEEDED BOARD DIRECTION 1. Statewide Planning Goal 5 • The benefit of a “safe • Does the Board wish to utilize the requires the county to harbor” approach is that it “safe harbor” approach, retain the inventory and determine can be applied objectively current inventory system, or significant riparian corridors and can be easily create a hybrid system? and wetlands and to include understood by the public. It regulations and standards in its would also apply protections implementing ordinances in to riparian corridors and order to protect those wetlands that may be inventoried resources. prominent, large or newly emergent, but which were There are two accepted not included in the original methods for complying with Goal 5 inventory. this requirement: • Adoption of the “safe • The county can adopt a harbor” approach is less “safe harbor” fine-grained than the methodology, which would specific identification and apply predetermined inventory approach buffers along all riparian currently used by the areas and wetlands as county. detailed in OAR 660-023- 0090(5). • The county can also inventory its riparian corridors and wetlands to determine which may be For project information and updates, visit us on the web! www.co.clatsop.or.us/landuse/page/comprehensive-plan-update www.facebook.com/ClatsopCD Agenda Item #1. Page 6 Clatsop County potentially significant. The county would then conduct an Economic, Social, Environmental and Energy (ESEE) evaluation for specific riparian corridors and wetlands to determine which should be included in the Goal 5 inventory. Protective regulations would then be drafted for those identified resources. The County currently does not utilize the “safe harbor” approach. 2. The Southwest Coastal CAC has • Between 2014 and 2017, the • Does the Board wish to move repeatedly expressed a desire County’s Wetland Advisory forward with adoption of the for the county to adopt the Committee drafted Arch Cape Local Wetland Arch Cape Local Wetlands recommendations that were Inventory and associated “safe Inventory that was prepared in presented to the Board of harbor” regulations? 2011 and that was approved by Commissioners on March the Oregon Department of 22, 2017. One of the State Lands (DSL). recommendations to the Board was to adopt the Arch Cape Local Wetland Inventory and to develop regulations consistent with the “safe harbor” approach. The Board did not take any action on the recommendations from the advisory committee. • The inventory is 10 years old. Recent DSL-approved delineations for privately- owned parcels in this area have revealed discrepancies between the local wetland inventory and actual ground conditions. 3. Also included in the March 22, • The second • Does the Board wish to include 2017, Wetlands Advisory recommendation, to create any of the Wetland Advisory For project information and updates, visit us on the web! www.co.clatsop.or.us/landuse/page/comprehensive-plan-update www.facebook.com/ClatsopCD Agenda Item #1. Page 7 Clatsop County Committee recommendations an Enhanced Local Committee’s recommendations in were the following: Notification System, was Goal 5? • Develop a countywide partially addressed when transfer of development DSL published its Statewide rights program to Wetlands Inventory in 2020, encourage non-resource- which includes data on zone property owners to hydric soils. preserve wetlands by transferring/selling their development rights to another property owner whose land does not contain wetlands. • Implement an Enhanced Local Wetland Notification Program to determine when a notice of pending development would need to be sent to DSL.