Item 6 - PH/Ord.on Real Prop.Cm - Laserfiche WebLink

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ATTACHMENT B RESPONSES TO QUESTIONS AND SUGGESTIONS The ordinance should require that information about each claim be posted on the City's website. Section 2.075 has been revised to add a new paragraph (4) to require the city manager, following receipt of a measure 37 claim, to post on the city's website information related to the claim, including the name(s) of the claimant(s), the location of the property, the regulation(s) identified in the claim, and the amount claimed. The city manager's recommendation to the council on a measure 37 claim should be accompanied by some discussion explaining the basis for the recommendation. Section 2.085(1) has been revised to require the city manager to include with his recommendation an explanation to support that recommendation. When does measure 37's provisions related to "family member" become a factor? Why does the ordinance define "family member" and "exempt land'use regulation" since the remainder of the ordinance does not use those terms? Measure 37's incorporation of the concept of"family ownership" is less than clear. It appears that if a governmental entity decides to pay compensation in response to the filing of a claim, then the amount of compensation owed factors in family ownership. On the other hand, if the governmental entity decides to "waive" the regulation, the waiver determination factors in only the length of time that the current owner has owned the property. In other words, "family ownership" or history is irrelevant to how or whether a regulation gets waived. Two sections of the ordinance have been revised to make the above more clear. The definition of"valid claim" in section 2.070 has been changed to exclude from a "valid claim" any claim based on a regulation that is an "exempt land use regulation"; that latter term is defined to exclude land use regulations enacted prior to acquisition of the property by the owner or a family member. Section 2.090(2)(a) has been revised to limit the council's authority to waive (i.e., remove or modify) a regulation to allowing "the owner to use the property for a use permitted at the time the owner acquired the property." Therefore, while the council will be able to approve compensation based on family ownership, the council will not be able to waive a regulation except to the extent that waiver allows a use that was permitted at the time the owner, not the owner's family, acquired the property. The ordinance should make mandatory a public hearing and notice. As noted above, the ordinance now requires notice of all claims to be posted on the city's website. In addition, section 2.090(1) has been revised to require the council to hold a