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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Work Session: Discussion of Ballot Measure 37 Meeting Date: September 29, 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 A work session on Measure 37 has been scheduled for September 29, 2004. The discussion will focus on the legal implications and the potential effects of Measure 37 on the various City of Eugene land use processes. No action is being requested at this time with respect to this agenda item. A separate agenda item follows this one, which is the continuation of the council's discussion of a resolution opposing passage of Measure 37; at the September 13th council meeting, the council postponed the motion on that resolution to September 29th. BACKGROUND If Measure 37 is passed by the voters at the November election, it generally will require governmental entities to compensate some owners of property if a "land use" regulation restricts the use of the owner's property in a way that reduces the value of the property, unless the governing body waives the restriction. A copy of Measure 37 is attached as Attachment A. A summary of the measure is attached as Attachment B. As additional background on possible fiscal impacts, also attached are fiscal impact statements from the City of Beaverton (Attachment C), City of Portland (Attachment D), and the League of Oregon Cities (Attachment E). RELATED CITY POLICIES Measure 37, if passed, will affect many City policies, including land use policies contained in the Metro Plan and refinement plans, growth management strategies, provisions in the land use code, and, depending on whether the council chooses to waive restrictions or compensate for them, some of the City's fiscal policies. A copy of the council's 2003 Legislative Policy related to Ballot Measure 7 and just compensation is attached to Agenda Item B (on the proposed resolution related to Measure 37). COUNCIL OPTIONS The purpose of this work session is to brief the council on Measure 37 and on the possible effects on the City. Should the measure pass, staff will return to the council shortly after the election with possible options for council action. Between now and the election, the City Manager has asked the City Attorney' s Office to work with staff from the Planning Division, Building and Permit Services Division, and Public Works Department to explore various options for council consideration in November. L:\CMO\2004 Council Agendas\M040929\S040929A. DOC