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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: Measure 37 - Update and Effect on Planning and Development Department Work Plan Meeting Date: January 10, 2005 Agenda Item Number: A Department: Planning and Development Staff Contact: Susan Muir and Glenn Klein www. cl. eugene, or. us Contact Telephone Number: 682-5208 ISSUE STATEMENT On November 24, 2004, the City Council adopted an ordinance implementing Measure 37 (Ordinance no. 20331). During the work sessions related to that implementation ordinance, staff noted there would be additional issues related to Measure 37 for the council to discuss after the first of the year. This is the first in that series and will focus on the possible effects of Measure 37 on items on the Planning and Development Department (PDD) and Planning Commission work plan. During the work session, staff will also provide the council with an update of Measure 37 related activities occurring around the state. BACKGROUND In November 2004, the voters of the State of Oregon passed Ballot Measure 37. In brief summary, that measure requires that the owner of private real property be entitled to receive just compensation when certain land use regulations are enacted after the owner became the owner of the property if the regulation restricts the use of the property and reduces its fair market value. The measure also allows local government to choose to "remove, modify or not apply" the regulation instead of providing compensation. Staff (including the City Attorney's Office) has reviewed the PDD work plan in light of Measure 37 to determine whether portions of the work plan should be adjusted. Measure 37 certainly will have an impact on how the City does business. Future regulations or legislation enacted by the City of Eugene should go through a Measure 37 analysis, or test, during the consideration phase. In addition, work program items that are non-mandatory should be considered and evaluated if there are any Measure 37 risks involved. As discussed in greater detail below, staff' s review of the PDD and Planning Commission work program has identified only one task that has a high likelihood of creating additional Measure 37 claims: the Goal 5, natural resources protection work. Other tasks on the work program can be completed without necessarily creating any additional Measure 37 claims. The attached modified work program (Attachment A) is for discussion (it is edited in legislative format). The last time the City Council saw the work program was at the joint work session in October 2004. Since then, staff and the Planning Commission have updated the list by removing what has recently been accomplished, as well as added a few new items that are proposed to be included in the new work L:\CMO\2005 Council Agendas\M050119\S050119A. doc