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IV. PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Real Property Compensation; Renumbering Sections 2.030 and 2.070 of the Eugene Code, 1971 to 2.150 and 2.170 Respectively, and Adding Sections 2.040, 2.045, 2.050, 2.055, 2.060, and 2.065 to That Code; and Providing for an Immediate Date City Attorney Glenn Klein summarized the criteria for claims filed under Ballot Measure 7. He said that when the measure took effect on December 7, he expected that people would be desirous of filing claims. He said that the proposed ordinance identified what type of information people would need to submit to the city with their claims and then provided a process for the City to handle the claims. In response to a question from Councilor Kelly regarding who the governing body in an appeal to a council decision would be, Mr. Klein said that if the council decided to waive a regulation, then the appeal body would be the Land Use Board of Appeals. In response to a question from Councilor Kelly regarding the choices allowed to the council on a claim and whether there was a federal equal protection issue, Mr. Klein said he did not believe there would be an issue. The equal protection clause requires a rational basis for treating people differently, and because the circumstances of each claim would not be identical, there would not be an equal protection issue. In response to a question from Councilor Nathanson regarding a deterrent in the ordinance for frivolous claims, Mr. Klein said that, based on what was happening in the rest of the state, he expected some frivolous claims to be filed in Eugene. He said that part of the application requirement was a fee that would have to be paid before a claim would be reviewed. He added that the fee would be refunded if the claim was deemed valid. City Manager Johnson noted that part of the application requirement was an appraisal by an appraiser licensed by the State of Oregon. In response to a question from Councilor Rayor regarding how the ordinance was modeled, Mr. Klein said that it was prepared from the best ordinances from a number of jurisdictions. In response to a comment from Councilor Bettman regarding requiring people's property taxes to be current before a claim could be filed, Mr. Klein said that under the language of Ballot Measure 7, such a rule would not be allowed because it went beyond information that the City would need to process the claim. In response to a question from Councilor Pap8 regarding who settled the compensation amount, Mr. Klein said that the City Manager would inform the council of the property owner's claim amount and the amount that the City Manager thought it should be. He noted that if the council paid less than what the property owner claimed, the property owner would still be able to go to court and possibly get a judgement for the amount of the difference. Mr. Klein said that he expected changes to the ordinance as it was learned what other jurisdictions, the courts, and the legislature were doing about the ordinance. City Manager Johnson noted that the City would be hiring appraisers to respond to claims being made. MINUTES--Eugene City Council November 27, 2000 Page 4 Regular Meeting