HomeMy WebLinkAboutItem B - Res. on Measure 37EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: Consideration of Resolution 4810 to Oppose the November 2004 General
Election Ballot Measure 37 by the Eugene City Council
Meeting Date: September 29, 2004 Agenda Item Number: B
Department: City Manager's Office Staff Contact: Jason Heuser
www. cl. eugene, or. us Contact Telephone Number: 682-8441
ISSUE STATEMENT
The members of the Council Committee on Intergovernmental Relations met on August 31, 2004, and
recommended that the City Council adopt resolutions concerning state measures on the November 2,
2004, General Election ballot. Action on the resolution relating to Measure 36 was taken by the City
Council on September 13, 2004. Action on the resolution relating to Measure 37 was tabled until the
work session on September 29, 2004.
BACKGROUND
From time to time, the City Council, at the initiation or request of a member of the council, will take a
position on a statewide ballot measure. In 1998, the City Council adopted a resolution regarding Ballot
Measure 65 at the request of Councilor Taylor, and in 2000, the City Council adopted resolutions
regarding a number of ballot measures at the request of Councilor Meisner and then-Councilor Farr.
The proposed resolutions were drafted by Councilor Kelly as state law places strict limitations on the
involvement of public employees in election matters.
At the meeting on September 13, Council President Bettman moved and Council Vice President Poling
seconded the motion to adopt the proposed resolution. During the course of the discussion, a motion to
table until a date certain, (September 29, 2004) was made and approved by the City Council. The
motion to adopt Resolution 4810 has been made and is on the table.
RELATED CITY POLICIES
The 2003 Legislative Policy document contained a section concerning Ballot Measure 7 and "just
compensation". A copy of that section of the document is attached.
COUNCIL OPTIONS
The City Council may adopt this resolution as drafted, modify the resolution, or reject it.
L:\CMO\2004 Council Agendas\M040929\S040929B.doc
CITY MANAGER'S RECOMMENDATION
The City Manager makes no recommendation on the proposed resolutions.
SUGGESTED MOTION
None, as the motion to adopt Resolution 4810 has been made.
ATTACHMENTS
A. Excerpt from the 2003 Legislative Policy document
B. Proposed resolution regarding state ballot measure 37
FOR MORE INFORMATION
Staff Contact: Jason Heuser
Telephone: 682-8441
Staff E-Mail: Jason.p.heuser~ci.eugene.or.us
L:\CMO\2004 Council Agendas\M040929\S040929B.doc
ATTACHMENT A
Excerpt from City of Eugene 2003 Legislative Policy Document (pp 33-34)
C. LAND USE PLANNING AND GROWTH MANAGEMENT
1. BALLOT MEASURE 7 / JUST COMPENSATION
On November 7, 2000, Measure 7 was passed by the Oregon voters. Although
approved statewide, Ballot Measure 7 failed in the City of Eugene by a margin of
62% to 38%. Ballot Measure 7 also failed in Lane County as a whole. As a
result of the Eugene vote, the City of Eugene joined a lawsuit filed by the League
of Oregon Cities and various other cities and counties challenging Ballot
Measure 7. The State defended the measure, and proponents of Measure 7
intervened on the State's side. On December 6, 2000, a circuit court judge issued
a preliminary injunction preventing Measure 7 from taking effect. In October
2002, the Oregon Supreme Court upheld a 2001 ruling stating Measure 7 was
unconstitutional because the measure contained multiple constitutional changes
that should have been voted on separately.
The City of Eugene has had a legislative policy on just compensation for over a
decade. That policy opposes legislation that would require compensation if a
land use decision deprives a property owner of only some, but not all or nearly
all, reasonable economic use of the property. The City's opposition has been
based on the importance of regulations in implementing comprehensive planning
and other policy decisions of the council and on the innumerable benefits of these
regulations in providing certainty and protection for property owners, developers
and neighbors. While some argue that the most basic land use regulations are
"takings," others argue that they are "givings" and that the emphasis on reduction
in value is both one-sided and short-sighted. The City has always supported --
and continues to support -- the constitutional requirement that property owners
who have been deprived of all reasonable economic use of their property by
government action should be compensated. The City believes that the current
state and federal constitutional protections for private property rights are
sufficient to achieve that purpose.
Recommendation:
1. Continue to oppose legislation that requires compensation for
local government actions which may deprive property owners of
the use or value of any portion of their property.
ATTACHMENT B
RESOLUTION NUMBER
A RESOLUTION TO OPPOSE THE NOVEMBER 2004 GENERAL ELECTION
BALLOT MEASURE 37 BY THE EUGENE CITY COUNCIL.
WHEREAS, Ballot Measure 37, which is on the November 2, 2004, general election
ballot, would require state and local government to compensate landowners if a land use
regulation reduces their property value; and
WHEREAS, Ballot Measure 37 would have an estimated administrative cost to local
government in Oregon of up to $300 million per year, in addition to unknown direct costs
to pay any claims brought under the Measure; and
WHEREAS, Ballot Measure 37 would substantially interfere with and harm local
government's land use planning and growth management activities.
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, A
Municipal Corporation of the State of Oregon, that the Eugene City Council opposes
Ballot Measure 37.
The foregoing resolution adopted this 13th day of September, 2004.
City Recorder