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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