RESOLUTION NO. 2004-____

A RESOLUTION OPPOSING STATE INITIATIVE BALLOT MEASURE 37

Recitals:

A.	Cities support existing federal and state constitutional provisions to compensate property owners for their loss when a taking occurs; and
B.	Cities believe that they should have the authority to balance the rights of property owners and the rights of residents if required to go beyond current federal and state constitutional requirements to compensate property owners for a loss when a taking occurs; and
C.	Measure 37 creates significant costs for claims assessment; including ownership research, costs of an appraisal that makes multiple value determinations, staff reports, assessments of impacts to neighbors, assessments of collateral impacts to existing infrastructure investments, legal assistance and additional public hearings; and
D.	Measure 37 could create a loss of property tax revenue to cities by having neighboring property owners demanding a reduction of their assessed values if an unplanned development were allowed next to their property; and
E.	Measure 37 would undermine local zoning authority; and
F.	Measure 37 provides an alternate waiver provision that would increase infrastructure costs when a city waived a regulation that puts additional unplanned capacity on public facilities, transportation system improvements, curbs, sidewalks, open space requirements, parks; and
G.	Measure 37 would create substantial potential takings liability beyond the state and federal constitution that would include issues such as: wetlands, fish and wildlife habitat, buffer zones, access denials, recharge areas, flood plains, geologically hazardous areas, shorelines, open spaces, view corridors, environmentally sensitive areas; and actions such as denying permits, re-zones, subdivisions and variances;

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. We oppose the passage of Measure 37; and

SECTION 2. We encourage residents to study the Measure and its impacts and vote against this as a strategy for addressing land use concerns raised by its proponents

SECTION 3. This resolution takes effect upon signing by the Mayor.

This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly

PASSED and ADOPTED this ______day of ______, 2004:
Barbara Christensen, City Recorder

SIGNED and APPROVED this ______day of ______, 2004:
Alan W. DeBoer, Mayor

Reviewed as to form:
Michael W. Franell, City Attorney