RES 2006-46 OPPOSING ADOPTION OF INT. I-933RESOLUTION NO. 2006-46
A RESOLUTION of the City Council of the City of Bainbridge
Island, Washington, opposing adoption of 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, by its terms, the provisions of I-933 are to be "liberally construed" (Section 6)
and its exceptions "shall be construed riarrowly" (Section 2)(c)); and
WHEREAS, I-933 would require agencies such as the City of Bainbridge Island (the
"City") 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, I-933 would require the City (if it "decided" to "enforce or apply" any
"ordinance, regulation or rule" to private property which would result in "damaging the use or value
of private property") to first "pay compensation," as those phrases are defined and used in I-933;
and
WHEREAS, I -933's definition of "private property" includes virtually all interests in real
as well as personal property; and
WHEREAS, because of the breadth of I -933's 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 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 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 I-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, I-933 could 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; and
WHEREAS, I-933 would deprive the Bainbridge Island City Council of its constitutional
authority to adopt and enforce reasonable land use development standards to mitigate impacts,
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,
thereby supplanting the will of the local community and curtailing 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 only alternative to payment of compensation provided by I-933 is to issue
site-specific waivers from regulations, which may 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 in any event; and
WHEREAS, I-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 which 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, the waive or pay provision would jeopardize the City's ability to fund public
services and public infrastructure; and
WHEREAS, on October 25, 2006, the Bainbridge Island City Council held a public
meeting 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; and; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, AS FOLLOWS:
The City of Bainbridge Island opposes adoption of Initiative Measure 933.
PASSED by the City Council this 25th day of October 2006.
APPROVED by the Mayor this 26th day of October 2006.
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, CM
City Clerk
FILED WITH THE CITY CLERK: October 18, 2006
PASSED BY THE CITY COUNCIL: October 25, 2006
RESOLUTION NO. 2006-46