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

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conclusion of the work session, the council approved a resolution expressing the council's opposition to the passage of Ballot Measure 37. 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. L:\CMO\2004 Council Agendas\M041122\S0411226.doc