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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: An Ordinance Concerning Real Property Compensation; Adding Sections 2.070, 2.075, 2.080, 2.085, 2.090, and 2.095 to the Eugene Code, 1971; Declaring an Emergency; and Providing an Immediate Effective Date Meeting Date: November 24, 2004 Agenda Item Number: A Department: City Attorney's Office Staff Contact: Glenn Klein www. cl. eugene, or. us Contact Telephone Number: 682-5080 ISSUE STATEMENT Ballot Measure 37 was passed by the voters at the November 2nd election. The measure generally grants to property owners the right to be compensated, or to have regulations removed or modified, where certain types of land use regulations restrict the use of private real property, the restrictions reduce the value of the property, and the owner had acquired the property before the regulation was adopted. The council is authorized, but not required, to adopt a Measure 37 claims processing ordinance prior to the effective date of Measure 37. The two primary questions at this point are whether the council should adopt such an ordinance, and if so, what provisions should be included within it. A work session was held on November 8, 2004, on an ordinance implementing Measure 37's real property compensation procedures, and the public hearing on the ordinance that had been scheduled for the same night was postponed to, and held on, November 15, 2004. The council also directed that the public hearing be continued on November 22, 2004, to provide the public with a longer time period in which to review and comment on the proposed ordinance. Following the public hearing, the council asked a number of questions; those questions are addressed in Attachment 2. Note: The proposed ordinance contains an immediate effective date which is being requested in order to make the ordinance effective upon passage. Six affirmative votes are required to pass the ordinance with an immediate effective date. If the ordinance is approved with less than six votes, it will be effective 30 days after passage. BACKGROUND Prior to the November 2, 2004, election the City Council held a work session on September 29, 2004, to discuss the legal implications and potential effects of State Ballot Measure 37 on various City processes, including land use policies in the Metro Plan, refinement plans, growth management strategies and provisions of the City's land use code. The City Manager advised that the City Attorneys' Office would be working with staff from the Planning Division, Building and Permit Services Division, and the Public Works Department to explore various options available to the City if Measure 37 passed. At the conclusion of the work session, the council approved a resolution expressing the council's opposition to the passage of Ballot Measure 37. L:\CMO\2004 Council Agendas\M041124\S041124A. doc