Admin Order 56-19-01-F - Laserfiche WebLink

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Exhibit A City Manager's Findings in Consideration of Written Submissions During the 23-day comment period,the City received 22 comments from 1 8 people regarding the proposed Downtown Activity Zone Administrative Rule R-4.872 ("proposed Rule").A summary of the comments received,and findings addressing the comments,are set out below: 1.Comments opposing the proposed Rule because requiring a clear eight-foot wide travel lane for pedestrian use unfairly impacts the unhoused and unnecessarily restricts the use of public space. Findings:Currently,Eugene Code (EC)4.872(l)(b)provides:"Except when approved as part of an authorized activity,the following acts are prohibited in the public pedestrian areas within the downtown activity zone:...(b)Impeding access to any public pedestrian area or to any public or private building adjacent to the public pedestrian area."EC 4.871 defines "public pedestrian area"as:"Any public sidewalk,alley,plaza,and park,excluding public areas under the primary control of entities other than the city.It also includes public streets during the time streets are closed to vehicular traffic for a city-sponsored or permitted event."EC 4.871 defines "impede"to mean:"To prevent progress or movement, or to engage in an activity that would deter a reasonable person from progressing or moving in the area of the activity." While EC 4.872(l)(b)and the definition of "public pedestrian area"clearly prohibit someone within the downtown activity zone (DAZ)from impeding a sidewalk,what constitutes "impeding"a sidewalk,and,therefore a violation of EC 4.872(l)(b),needs clarification.Without greater specificity around the meaning of "impede,"the ability to both comply with and enforce EC 4.872(l)(b)is difficult.The proposed Rule clarifies that, for purposes of EC 4.872(l)(b),impeding means providing less than an eight-foot wide travel lane clear for pedestrian use. EC 4.870 describes the purpose of the DAZ,stating,in part:"This area is intended to encourage private investment in the downtown area and to enhance the value of such investments by encouraging pedestrians to come to the area."An eight-foot pedestrian travel lane furthers the Council-stated intent of encouraging pedestrian users within the DAZ.A wider travel lane enables two-way,free-flowing pedestrian traffic,including two- way traffic of individuals using mobility devices. Impacts of the proposed Rule can be mitigated through educating the public on permissible locations to relocate and in delaying enforcement of the proposed Rule to provide additional time to increase the number of these permissible locations.As a result of these comments,there will be 6-month education period during which time no citations will be issued for violating EC 4.872(l)(b)except in extreme,repeat offender situations. Exhibit A to Administrative Order 56-19-01-F -Page 1 of 4