Item 5: Ordinance Amending Section 2.090

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Amending Section 2.090 of the Eugene Code, 1971; and Declaring an Immediate Effective Date Meeting Date: July 23, 2007 Agenda Item Number: 5 Department: City Attorney’s Office Staff Contact: Glenn Klein www.eugene-or.gov Telephone Number: 682-5080 ISSUE STATEMENT The City Council is being asked to amend subsection (2) of Section 2.090 of the Eugene Code, 1971, related to the time for acting on a Measure 37 claim, in order to make the code section consistent with a change to Measure 37 recently approved by the Legislature. Please note: An immediate effective date is requested with this ordinance. An immediate effective date requires a 2/3 majority or six (6) affirmative votes from the council to enact. Ordinances without an immediate effective date do not take effect for 30 days. BACKGROUND At the time that the City Council approved the City’s Measure 37 ordinance, Measure 37 provided that a claimant could file litigation 180 days after the claimant filed the Measure 37 claim. In May, the Legislature passed and the Governor signed into law HB 3546, which changed the 180-day period to a 540-day period. The city code – Section 2.090(2) – incorporated the 180-day period from Measure 37. The proposed ordinance is intended to make the Eugene Code consistent with state law by deleting the 180-day language and replacing it with a provision that would state that timing of any action by the council shall be consistent with state law. In June, one of the Measure 37 claimants (Charles Wiper Inc.) asked a court to order the City to make a decision on its Measure 37 claim, relying on the 180-day provision in city code. The City is asserting in the litigation that the city code does not entitle Wiper to a decision at this point. RELATED CITY POLICIES Not applicable. COUNCIL OPTIONS The council may adopt, amend, or reject the proposed ordinance. L:\CMO\2007 Council Agendas\M070723\S0707235.doc