HomeMy WebLinkAboutItem 5: Ordinance Amending Section 2.090
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
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adoption of the ordinance.
SUGGESTED MOTION
Move to adopt an ordinance amending Section 2.090 of the Eugene Code, 1971; and declaring an
immediate effective date.
ATTACHMENTS
A. Ordinance Amending Section 2.090 of the Eugene Code, 1971.
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein@harrang.com
L:\CMO\2007 Council Agendas\M070723\S0707235.doc
ATTACHMENT A
ORDINANCE NO. __________
AN ORDINANCE AMENDING SECTION 2.090 OF THE
EUGENE CODE, 1971; AND DECLARING AN IMMEDIATE
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (2) of Section 2.090 of the Eugene Code, 1971, is
amended, to provide:
2.090 Real Property Compensation – City Council Decision
.
(2)
Upon conclusion of any hearing, and [prior to the expiration of 180 days
from the date the claim was filed] consistent with any requirements
of state law, the city council shall adopt a resolution that:
(a) Determines that the claim is a valid claim and removes or
modifies land use regulation(s) with respect to the subject
property to allow the owner to use the property for a use permitted
at the time the owner acquired the property;
(b) Determines that the claim is a valid claim and compensation is
due to the claimant in an amount set forth in the council’s
resolution;
(c) Determines that the claim is a valid claim and that the city should
acquire the property; or
(d) Denies the claim.
Section 2.
In order to serve the important public purpose of ensuring that the
City Code is consistent with the requirements of state law, this ordinance shall become
effective immediately upon its passage by the City Council and approval by the Mayor,
retention by the Mayor for more than ten days, or readoption over a Mayoral veto by
two-thirds of all members of the City Council.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2007 ____ day of _____________, 2007
___________________________ ____________________________
City Recorder Mayor
Ordinance