Item B: Parks, Recreation and Open Space Comprehensive Plan

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identity. These spaces may include hard surfaces or green space. The purpose of a Linear Park is to provide public access to trail-oriented activities. This park type accommodates current and future bikepaths which were not well represented in the 1989 Parks and Recreation Plan. A target level of service of 6.8 acres per thousand residents is identified for the combined park types of Urban Plazas, Linear Parks, Metropolitan Parks, and Special Facilities. This combined approach allows for maximum flexibility in responding to community needs and acquisition opportunities. There is considerable potential to utilize existing right of way for the purpose of urban parks. Chapter IV of the PROS Comprehensive Plan includes Strategy B- 25, which encourages the development of urban plazas in settings such as downtown commercial districts, mixed-use commercial areas, and mixed-use neighborhood developments. Strategy B-39 encourages partnerships with agencies that own right-of-way, such as Lane County, Oregon Department of Transportation, Lane Transit District, Bonneville Power Administration, Eugene Water and Electric Board, Army Corps of Engineers, and the railroads to develop and maintain additional linear parks. 5. What authority does the City of Eugene have to look beyond its UGB and do planning in areas beyond its jurisdiction? Staff Response: The question implies that the City, through the adoption of the PROS Comprehensive Plan, is attempting to exercise governmental authority outside of the UGB. Adoption of the PROS Comprehensive Plan does not amount to the City exercising any governmental authority outside of the UGB or outside of the City's limits. As noted in the PROS Comprehensive Plan, the document has no regulatory effect on land not under the City's jurisdictional authority. The PROS Comprehensive Plan is not intended to have any legal or regulatory effect for land located outside City limits. It is strategy/planning document that is intended as a guide for the City as it moves forward to meet the recreational and park needs of the City's residents. The City of Eugene is a home rule city. The City adopted its charter pursuant to Article XI, Section 2 of the Oregon Constitution governing home rule powers of cities. Within the City charter, the citizens granted to the City" all powers that the Constitution or laws of the United States or of this state expressly or impliedly grant or allow cities . . ." As such, the City Council possesses the legislative power to enact any ordinance that is not prohibited by the United States Constitution or federal laws, or by the Oregon Constitution or state statutes. Neither the constitution or statutes prohibit a city from adopting a vision document that looks beyond its jurisdiction in an effort to address future park and recreational needs. Attachment A October 31, 2005 Page 5