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Resolution No. 2006-30

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City Council meeting minutes of Oct 18 2006



A RESOLUTION of the City Council of the City of Lakewood, Washington, expressing opposition to Initiative 933.

    WHEREAS, Initiative 933 (I-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, the majority of Lakewood citizens voted for incorporation in 1996 to, in part, enable city government to take control over future land use through a democratic and open public process; and,
WHEREAS, the City of Lakewood and its citizens have invested considerable time and resources since 1996 in passing and enforcing new land use regulations that have, for the most part, balanced public good and private property rights; and
WHEREAS, 1-933 could force the dismantling of many of the very same post-1996 regulations citizens wanted when they voted for incorporation; and
          WHEREAS, the waive or pay provision of I-933 could cost the City tens of millions of dollars and thereby jeopardize the City?s ability to fund public services and public infrastructure; and
          WHEREAS, the alternative to payment of compensation provided by I-933 would be to issue site-specific waivers from regulations, triggering a crescendo of lawsuits and claims for compensation from adjacent property owners that further dismantle those regulations; and
          WHEREAS, I-933 could lead to undesirable land use and growth influenced in large part by aggressive legal action rather than by deliberative public policy decisions; and
          WHEREAS, the Lakewood City Council appreciates and supports the constitutional rights of private property owners but believes I-933 is not the best way to ensure those rights; and
          WHEREAS, on October 18, 2006 the Lakewood 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 of, 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.
          Section 1.      The City Council hereby expresses its opposition to Initiative 933 and urges voters to consider rejecting I-933 due to the sweeping and detrimental impacts as outlined above.
          Section 2.      This Resolution shall be in full force and effect upon passage and signatures hereon.
PASSED by the City Council this 18th day of  October, 2006.
Claudia B. Thomas, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to Form:
Heidi Ann Wachter, City Attorney