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Staff: city attorney advises caution on making on‑site staff requirement mandatory for temporary encampments

2958802 · March 12, 2025
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Summary

Planning staff reported a follow‑up on temporary encampment code amendments: notification options were made mandatory, but city legal advised against requiring staff be on site for the entire encampment period; Department of Commerce provided limited guidance.

Planning staff updated the commission on temporary encampment code amendments and recent legal review.

A staff member reported that the draft change now requires all four notification options for temporary encampments (previously two of four). Staff said the city attorney’s office advised against converting a provision that currently "strongly encourages" on‑site staff support into a mandatory requirement, warning that a mandatory on‑site‑staff rule could be overly burdensome and expose the city to legal risk.

Commissioners asked whether the state Department of Commerce had provided guidance; staff said Commerce supplied general resources but not a model code specific to temporary encampments on religious sites. The commission requested staff seek additional clarification from Commerce and said staff would brief City Council when the code moves forward.

Why it matters: the change to required notification steps tightens the city’s process for temporary encampments, but the city attorney’s caution on an on‑site‑staff mandate leaves a key operational question unresolved. Staff said they will reach out again to Commerce and report back before council review.