HomeMy WebLinkAbout2004-33 Ballot Measure 37RESOLUTION NO. 2004-33
A RESOLUTION OPPOSING STATE INITIATIVE
BALLOT MEASURE 37
Recitals:
A. Cities support existing federal and state constitutional provisions to compensate
property owners for their loss when a taking occurs; and
B. Cities believe that they should have the authority to balance the rights of property
owners and the rights of residents if required to go beyond current federal a~d state
constitutional requirements to compensate property owners for a loss when a taking
occurs; and
C. Measure 37 creates significant costs for claims assessment; including ownership
research, costs of an appraisal that makes multiple value determinations, staff reports,
assessments of impacts to neighbors, assessments of collateral impacts to existing
infrastructure investments, legal assistance and additional public hearings; and
D. Measure 37 could create a loss of property tax revenue to cities by having
neighboring property owners demanding a reduction of their assessed value,s if an
unplanned development were allowed next to their property; and
E. Measure 37 would undermine local zoning authority; and
F. Measure 37 provides an alternate waiver provision that would increase infrastructure
costs when a city waived a regulation that puts additional unplanned capacity on public
facilities, transportation system improvements, curbs, sidewalks, open spacE;
requirements, parks; and
G. Measure 37 would create substantial potential takings liability beyond the state and
federal constitution that would include issues such as: wetlands, fish and wildlife
habitat, buffer zones, access denials, recharge areas, flood plains, geologically
hazardous areas, shorelines, open spaces, view corridors, environmentally sensitive
areas; and actions such as denying permits, re-zones, subdivisions and vari~nces;
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. We oppose the passage of Measure 37; and
SECTION 2. We encourage residents to study the Measure and its impacts and vote
against this as a strategy for addressing land use concerns raised by its proponents
SECTION 3. This resolution takes effect upon signing by the Mayor.
1- Reso re Measure 37.docG:\legal\PAUL\FORMS\resolution form.wpd
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this 21st day of September, 2004
Barbara Christensen, City Recorder
SIGNED and APPROVED this 22nd day of September, 2004
Alan W. DeBoer, Mayor
Reviewed as to form:
fV~. F¢~/~ n e I I
2- Reso re Measure 37.docG:\legal\PAUL\FORMS\resolution form.wpd