HomeMy WebLinkAboutRES 3838CITY OF RENTON,WASHINGTON
RESOLUTION NO.3838
A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,
OPPOSING 1-933,ENTITLED "AN ACT RELATING TO PROVIDING
FAIRNESS IN GOVERNMENT REGULAnON OF PROPERTY."
.WHEREAS,Initiative 933 will be presented to the voters of the State of Washington at
the general election on November 7,2006,with the following official ballot title:
Statement of the Subject:Initiative Measure 933 concerns government
regulation of private property.
Concise Description:This measure would require compensation when
government regulation damages the use or value of private property,would
forbid regulations that prohibit existing legal uses of private property,and
would provide exceptions or payments.
.Should this measure be enacted into law?Yes [ ]No L ]
and
WHEREAS,the passage ofl-933 would require the state and Washington cities and
counties to pay landowners to follow many regulations adopted since 1996 that restrict what they
can do with their property;and
WHEREAS,1-933 would require agencies such as the City of Renton to undergo a
lengthy and costly process prior to legislative enactments to document potential impacts of new
regulations upon the use and value of property;and
WHEREAS,the initiative would apply to both real and personal property,and would
require compensation in advance of enforcing a regulation that results in "damaging the use or
value of property;"and
WHEREAS,the initiative would require local governments to redefine "damage"to
include prohibiting or restricting uses that were legal as of January 1,1996;and
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RESOLUTION NO.3838
WHEREAS,the length and complexity of the aforementioned and required pre-
enactment process would shift resources and staff time away from reviewing and processing all
other permits,thus forcing the City to concentrate primarily on 1-933 claims,pre-enactment
analysis and mitigating the City's liability,to the detriment of the City's existing permitting
obligations;and
WHEREAS,because the broad definition of "damaging the use or value"includes,but is
not limited to,prohibiting or restricting any use or size,scope,or intensity of any use legally
existing or permitted as of January 1,1996,1-933 would dismantle all post-1996 regulations,
including but not limited to development regulations and critical area regulations adopted
pursuant to the detailed public participation process required by the Growth Management Act;
WHEREAS,1-933 will lead to incompatible growth,which would potentially adversely
affect the value and use of adjacent properties and detrimentally affect the City's ability to provide
needed infrastructure,public services,and public safety that are necessary to promote healthy and
prosperous communities;and
WHEREAS,the City supports the benefits of balancing public good and private property
rights;and
WHEREAS,while it appears that waiving regulations is an alternative to payment under
the initiative,it is unclear how the authority to waive regulations will be granted and it is likely
that the City would suffer increased liability because of such waivers;and
WHEREAS,by its terms,the provisions ofl-933 are to be "liberally construed"(Section
6)and its exceptions "shall be construed.narrowly"(Section (2)(c);and
WHEREAS,it is unclear what regulations are exempt from 1-933,especially regulations
which differentiate between allowed or restricted uses within different parts of a community;and
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RESOLUTION NO.3838
WHEREAS,the Association of Washington Cities,with the aid of the Office ofFinancial
Management (OFM),has estimated that the statewide annual administrative costs to cities alone
would be between $60 million and $76 million,while the state-wide cost to cities for paying off
claims for actions or conditions impacting land between 1996 and 2006 is estimated to be between
$3.5 and $4.5 billion;and
WHEREAS,in 1995,Washington voters rejected a property-rights measure similar to 1-
933 that had been drafted largely as a backlash against the statefs 1990 Growth Management Act;
and
WHEREAS,opponents of 1-933 include Governor Christine Gregoire and former
Washington state governors Albert Rosellini,Dan Evans,John Spellman,Booth Gardner,Mike
Lowry,and Gary Locke;environmental and land-conservation groups;the Greater Seattle
Chamber of Commerce;organized labor;and the American Planning Association;and
WHEREAS,prior to adoption ofthis resolution,the City ofRenton gave notice ofthe
open public meeting of the City Council held on October 23,2006,at which consideration of this
resolution was heard,the notice contained the official Ballot Title,and equal opportunity was
given at the meeting for any person to express an opposing or supporting view;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON,DOES RESOLVE AS FOLLOWS:
SECTION L The above findings are true and correct in all respects.
SECTION II.The City of Council of the City of Renton declares its opposition to
Washington Initiative 933,and urges voters to vote "no"on the initiative at the Nov.7,2006,
general election.
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RESOLUTION NO.3838
PASSED BY THE CITY COUNCIL this 23rd day of_o_c_t_o_b_e_r ,2006.
Bonnie I.Walton,City Clerk
APPROVED BY THE MAYOR this 23 rd day of_o_c_t_o_b_e_r ,2006.
Lawrence J Warr ,City Attorney
RES.1218:101l7/06:ma
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