HomeMy WebLinkAbout00-069Resolution No. 00-069
RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND ENDORSING LEGAL ACTION AGAINST THE STATE OF
WASHINGTON FOR FAILURE TO PROVIDE FUNDING TO SUPPORT
MANDATED LOCAL SHORELINE MANAGEMENT ACT UPDATE
RESPONSIBILITIES
The City Council of the City of Port Townsend, Washington resolves as follows:
WHEREAS, on November 29, 2000, the State of Washington, Department of
Ecology ("DOE") adopted a new set of Shoreline Management Act ("SMA") Rules; and
WHEREAS, the Rules will require the City of Port Townsend, and other
jurisdictions, to review and update local master programs and associated regulations; and
WHEREAS, DOE's own conservative estimate projects that it will cost cities and
counties at least $18.6 Million to undertake these updates; and
WHEREAS, in 1995, the citizens of Washington enacted Initiative 601, which
contains a provision stating that: "After July 1, 1995, the legislature shall not impose
responsibility for new programs or increased levels of service under existing programs on
any political subdivisions of the state unless the subdivision is fully reimbursed by the state
for the costs of the new programs or increases in service levels." [RCW 43.135.060(1)];
.and
WHEREAS, the City Council of the City of Port Townsend objects to the
imposition of state-mandated SMA updates without provision of funding, and believes that
the proposed unfunded SMA updates violate RCW 43.135.060(1); and
WHEREAS, the City of Chelan, and other jurisdictions, are currently considering
legal action against the State of Washington based on the state's failure to fund, as required
by law; and
WHEREAS, the Association of Washington Cities ("AWC") by letter dated
October 10, 2000, has asked cities to consider supporting the City of Chelan's efforts; and
WHEREAS, the City Council of the City of Port Townsend strongly supports
responsible stewardship of the environment, including our valuable shorelines, however,
the City Council believes the state is obligated by law to assist in the City's costs in
responding to state SMA mandates,
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Port Townsend resolves as follows:
1. The City Council objects to the imposition of State-mandated SMA updates
pursuant to DOE's Rules adopted November 29, 2000, without provision for state funding,
as required by law;
2. The City Council hereby supports and endorses a legal action by the City of
Chelan and other jurisdictions in challenging the state's unfunded SMA updates without
providing reimbursement as required by law;
3. The Mayor and City Manager may take necessary steps to allow the City of
Port Townsend to join such a lawsuit in name only.
ADOPTED by the City Council of the City of Port Townsend and signed by the
Mayor on this t,/r.r~ day of Da_cen,~/ae,~' 2000.
Geoff Masci, Mayor
Attest:
Approved as to Form:
Pam Kolacy, City Clerk
John P. Watts, City Attorney
12/5/2000 10:46 AM [2000-U2]
caG:Res{State Unfunded DOE mandates CC120400 Res.doc}
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Res. 00-069