HomeMy WebLinkAboutItem 2 - PH/Real Prop. Compens.EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: 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 15, 2004 Agenda Item Number: 2
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 questions for the work session and public are whether the council
should adopt such an ordinance, and if so, what provisions should be included within it.
A work session on an ordinance implementing Measure 37's real property compensation procedures was
held on November 8, 2004, and was scheduled to be followed by a public hearing on the same night.
Due to time constraints, the public hearing was postponed until November 15, 2004. In addition, the
council has 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.
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 become 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.
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Ballot Measure 37 adds new statutory provisions to ORS Chapter 197, and authorizes jurisdictions to
adopt processes for filing claims, although claimants are not required to follow those processes in order
to file a claim with the court.
The proposed ordinance adds provisions to the Eugene Code, 1971 that:
· State the purpose of the sections is to implement Measure 37 and afford a process for property
owners to present their claims to the City;
· Define words and phrases used in the ordinance;
· Establishes where claims may be filed, and the information to be provided;
· Provide that the City will charge the property owner a processing fee based on the City's actual costs
incurred in reviewing and acting on the claim;
· Authorize the City Manager to forward a recommendation on a claim, and if that recommendation is
to deny the claim, to take final action and deny the claim if no elected official advises that the
official disagrees;
· Set forth procedures for the City Council's action on recommendations from the City Manager,
which may include a public hearing.
Adoption of this ordinance is just the City's first step in implementing Measure 37. At the November
22, 2004, meeting staff will present a plan to the council that reviews the current work program,
proposes new work program items related to Measure 37, and considers amendment of current high
priority items.
Ballot Measure 37 will become effective December 2, 2004.
CITY MANAGER'S RECOMMENDATION
This item is scheduled for a work session and public hearing only. No recommendation is offered at this
time.
SUGGESTED MOTION
None.
ATTACHMENTS
Please refer to the draft ordinance included as Attachment ,4 for the November 8, 2004, work session
item.
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein~harrang, com
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