HomeMy WebLinkAboutItem A - Ord.on Real Prop.Comp.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.
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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;
· Establish 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.
Based on comments received from councilors, some revisions have been made to the proposed
ordinance, including making the public hearing mandatory before the council can waive or modify
regulations, and requiring the City Manager to post information about all claims filed with the City on
the City's website as they are received.
Adoption of this ordinance is just the City's first step in implementing Measure 37. The staff report for
the original scheduled hearing on the Measure 37 implementing ordinance indicated staff would be
returning to the council on November 22 with a plan that reviews the current work program, proposes
new work program items related to Measure 37, and considers amendment of current high priority work
program items. At this time and after further consideration, staff is not prepared to offer such ambitious
remarks so early in the process. Staff has initiated discussions with the Department of Land
Conservation and Development regarding current periodic review work programs but no conclusion or
direction has been reached. Additional discussion must occur before a recommendation can be made
related to Eugene's work program. It is expected those discussions will be ongoing for some time and
staff will plan on returning with the items mentioned above once clarity or direction has been received
regarding implementation of mandatory work program items. Staff would also like to review the
recommendation with the Planning Commission prior to returning to the City Council. In the interim,
staff will be making recommendations to the Planning Commission and City Council on a case-by-case
basis on legislative matters in relationship to Measure 37.
The Planning Division is moving forward on administrative issues that will be required in order to be
ready to process claims beginning December 2, including developing a form, developing internal
procedures and tracking systems, and developing a web page tracking system. At this time, the costs
associated with these are being tracked and can be handled within the FY 05 PDD budget.
Ballot Measure 37 will become effective December 2, 2004. In order for the ordinance to take effect
prior to Measure 37's effective date, the ordinance must be approved by at least six councilors.
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COUNCIL OPTIONS
1. Adopt the proposed ordinance (as revised and included in the packet as Attachment A).
2. Amend and then adopt the proposed ordinance.
3. Don't adopt a claims processing ordinance.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the council adopt the revised ordinance. As the City gains
experience with processing claims, and as more is learned about Measure 37 (from the courts, the
Legislature, other local governments and the Attorney General's office), the council can amend the
ordinance.
SUGGESTED MOTION
Move to adopt 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.
ATTACHMENTS
Please see attachments included with Item 6 in November 22, 2004, agenda packet.
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein~harrang, com
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