HomeMy WebLinkAboutRes 1613 - Oppose Initiative 933 Fairness in Government Regulation of Private Property h
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City o u
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Washington
Resolution No. 6 �3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, OPPOSING INITIATIVE 933, ENTITLED "AN ACT
RELATING TO PROVIDING FAIRNESS IN GOVERNMENT
REGULATION OF PROPERTY."
WHEREAS, Initiative 933 (1 -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 and Description:
Statement of the Subject: Initiative Measure 933 concerns government
regulation of private property.
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
WHEREAS, it is the responsibility of the City of Tukwila to protect and preserve
the health, safety and welfare of its citizens; and
WHEREAS, it is the further responsibility of the Ciiy of Tukwila under the Growth
Management Act, the Shoreline Management Act, the State Environmental Policy Act,
the National Flood Insurance Program, the Endangered Species Act and other state and
federal mandates to manage growth and development in ways that protect the
environment, while promoting public safety and the economic and social well -being of
the community; and
WHEREAS, meeting the aforementioned responsibilities necessarily involves
placing reasonable restrictions on the development and use of private property; and
WHEREAS, 1 -933 would require the City to decide, on a case -by -case basis,
whether to enforce or waive its duly enacted ordinances, rules and regulations if they
result in "damaging the use or value of private property" as defined by the initiative;
and
WHEREAS, 1 -933 would require the City to pay compensation to the owner of
private property if it decides to apply or enforce such duly enacted ordinances, rules
and regulations; and
WHEREAS, I -933 defines the term "damaging the use or value of private property"
to mean "to prohibit or restrict the use of private property to obtain benefit to the
public;" and
WHEREAS, because of the breadth of 1 -933s definition of private property, and
because its definition of "damaging the use or value" of private property includes no
minimum threshold for the reduction of use or value, I -933 would dramatically lower
the threshold for compensation far below constitutional limits, because virtually any
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limitation on the use of any kind of private property could give rise to a claim for
compensation for "damages" within the meaning of I -933, regardless of the importance
of the public protection achieved by such limitation or the uses or values remaining to
the property owner; and
WHEREAS, the exceptions listed in Section (2)(c) of I -933 do not include nuisance
uses that would typically be precluded from residential neighborhoods, and thus I -933
would authorize claims for payment or waiver for City regulations that protect
neighborhoods from a wide variety of obnoxious land uses and activities that would
seriously degrade the quality of life and property values in such neighborhoods; and
WHEREAS, I -933 states that its provisions are to be construed liberally and its
limitations narrowly; and
WHEREAS, I -933 would require agencies such as the City of Tukwila to undergo a
lengthy and costly pre enactment process to document potential impacts of new
regulations upon the use and value of private property; and
WHEREAS, many of the private property restrictions enforced or applied by the
City of Tukwila implement mandates of the State of Washington; and
WHEREAS, the Association of Washington Cities has estimated that the statewide
administrative cost to cities alone would be between $60 and $76 million each year,
while the statewide cost to cities for paying off claims for actions/ conditions enforced
over the period of 1996 to 2006 would be between $3.5 and $4.5 billion; and
WHEREAS, the only alternative to payment of compensation provided by I -933 is
to issue site specific waivers from regulations, which will lead to significant inequities
among neighboring property owners and incompatible growth; adversely affect the
value and use of adjacent properties; and will likely give rise to lawsuits and claims for
compensation from adjacent property owners; and
WHEREAS, local governments may not have the legal authority to waive certain
regulations on a parcel -by- parcel basis; and
WHEREAS, the Washington Farm Bureau, sponsor of I -933, has acknowledged that
the Initiative does not affirmatively grant any authority to waive the enforcement or
application of any ordinance, regulation or rule; and
WHEREAS, I -933 would unreasonably constrain the City of Tukwila's
constitutional authority to adopt and enforce reasonable land use development
standards to mitigate traffic impacts; assure appropriate building height and lot
coverage maxima; provide for the preservation of open spaces, and protection of
environmentally sensitive areas; and other general development regulations necessary
to promote the public health, safety and welfare. I -933 would thereby supplant the will
of the local community and curtail the police power authority granted to the City
Council by the Washington Constitution (Article XI, Section XI) to adopt and enforce
sound land use, zoning, growth management and planning, critical area, water quality
and shoreline management, and other measures through an open public process; and
WHEREAS, the length and complexity of the aforementioned and required pre
enactment process, and the requirement to process claims for damages would shift City
resources and staff time away from reviewing and processing all other permits and
force the City to concentrate on mitigating the City's liability, to the detriment of the
City's existing permitting and other obligations; and
WHEREAS, the cost of processing and paying compensation for the enforcement of
reasonable development regulations under I -933 would far exceed the requirements of
both the federal and state constitutions and cripple the fiscal ability of the City to
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provide needed infrastructure, public services and public safety, which are necessary to
promote healthy and prosperous communities; and
WHEREAS, I -933 conflicts with the City's and its citizens' vision and goals related
to growth management and environmental protection as reflected by the Tukwila
Comprehensive Plan- -which was developed through open and extensive public
participation -and does so in a manner that will benefit only a few at the expense of the
greater community; and
WHEREAS, the City supports the benefits of balancing the general public welfare
and private property rights; and
WHEREAS, given the broad scope of the terms "private property" and "damaging
the use or value" as defined by the initiative, and given considerable ambiguity with
regard to its application and stated exemptions, 1 -933 will likely stimulate considerable
litigation and uncertainty; and
WHEREAS, on September 25, 2006, the Tukwila City Council held a public hearing
on Initiative Measure 933 pursuant to RCW 42.17.130 (1), which permits a City Council
to adopt a resolution in support, or in opposition to a ballot proposition, so long as
there is notice of the meeting and the public is afforded the opportunity to express
opposing views;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City Council of the City of Tukwila, Washington opposes adoption of Initiative
Measure 933, and urges voters to vote "No" on 1 -933 due to the sweeping and
detrimental impacts outlined above.
PASSED BY THE CITY COUNCIL OF THE CITY O TUKWILA, SHINGTON,
at a Regular Meeting thereof this o� day of .4 2006.
ATTEST/ AUTHENTICATED: 62d
Dennis Robertson, Council President
Ja4 E. Cantu, AMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council: 16 O
Office of the C' Atto P Resolution Number: F
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