Resolution 5167 - Laserfiche WebLink

34. The PFD has established a line of credit with Bank of America and expended more than $3 million for consultant and professional fees, staff, studies and other expenses associated with the development of the Regional Center. 35. The construction of the Regional Center is expected to require 18 months and the PFD must commence construction by April 1, 2002 in order to have the Regional Center ready for use by October 1, 2003. 36. The Petition seeking to prevent construction of the Regional Center at Hewitt Avenue Site was filed with the City Clerk on February 8, 2002, and forwarded to the Snohomish County Auditor on February 11, 2002. The County Auditor certified the sufficiency of signatures on the Petition and forwarded the Petition to the City Clerk on February 19, 2002. 37. The representative for the citizens group who gathered signatures on the Petition testified to the City Council that the proposed ordinance was not required to be attached to the petitions circulated for signatures and based upon this statement and comments from other Everett residents there is reason to believe that some or all of the petitions were circulated without the proposed ordinance attached. CONCLUSIONS Based upon the City's factual and legal analysis of the Petition and of the actions taken in respect to the Regional Center, the City Council makes the following conclusions: 1. The City Council cannot enact the proposed initiative or submit it to the people when the action proposed in the Petition exceeds the scope of the initiative power. See Save Our State Park v. Board of Clallam County Com'rs, 74 Wn.App. 637, 875 P.2d 673 (1994). 2. The power of the people to adopt legislation through initiative is limited to actions that are"legislative"in nature, as opposed to "administrative"in nature. See Ruano v. Spellman, 81 Wn.2d 820, 505 P.2d 447 (1973). The Petition purports to prohibit administrative actions after all legislative actions in respect to siting have been taken. 3. Relocation of the Site for the Regional Center at this late date, with the attendant environmental review, land use permitting, and design changes,would preclude the PFD from developing any Regional Center because: (a)the PFD would not be able to commence construction in time to secure the opening of the Regional Center in the Fall of 2003 as required to obtain a Western Hockey League franchise; and(b)the PFD would not be able to meet the December 31, 2002 deadline for commencement of construction that is • mandatory in order to obtain sales and use tax revenue pursuant to RCW 82.14.390. S:UIles\WINWORD\resolution re.initiative.doc 6