Item B: Parks, Recreation and Open Space Comprehensive Plan

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For her assertions, Ms. Cuellar relies on a recent LUBA decision that was based on Oregon Administrative Rules (OARs) that relate only to public facilities and services plans. Because parks do not fall within the definition of public facilities, those OARs do not control the City's adoption of the PROS Comprehensive Plan. Contrary to Ms. Cuellar's assertion, neither LUBA's decision, nor the OARs upon which the LUBA decision is based, require that the City include the Project List in the PROS Comprehensive Plan. The LUBA decision and the underlying OARs are simply inapplicable to the actions that the City Council will be asked to take, first on the PROS Comprehensive Plan, and, second, on the Proj ect List. The Project List is proposed for adoption by Council Resolution. Although a public hearing is not legally required for this process, one will be held. Adoption of the proposed Project List will follow the Comprehensive Plan adoption and is currently scheduled for January, 2006. Once the separate adoption processes are complete, the Project List will be attached to the PROS Comprehensive Plan document as an appendix. The PROS Comprehensive Plan will explicitly state that the Project List is being appended for reference purposes only and is not being adopted as a part of the PROS Comprehensive Plan. Prior to the final adoption of the Project List by Council resolution, City staff will include an appendix place- holder for the Project List to be inserted into the PROS Comprehensive Plan after adoption. Both the PROS Comp Plan and the Project List are documents which are rooted in the public process. The commitment to extensive public involvement and ensuring that the public's opinion is accurately represented will be carried through the formal adoption process of both the PROS Comprehensive Plan as well as the Project List. III. RELATIONSHIP TO METHODOLOGY SYSTEM DEVELOPMENT CHARGE (SDC) Staff is currently working with the Public Works Rates Advisory Committee to develop recommendations for adoption of a revised parks SDC. Separate adoption of the PROS Comprehensive Plan and the Project List allows for flexibility in the development of a revised parks SDC. While newly adopted or modified SDCs must consider the costs of projects in a Project List, the SDC methodology can reflect this consideration in a variety of ways. The Project List itself does not prescribe the form of the SDC methodology nor the amount of SDC, rather it is a reference document considered in development of the SDC. The SDC methodology may consider the Project List using a variety of means and may include all, or a portion of the SDC-eligible project costs contained in the list. For example, the Council as a matter of policy in adopting the SDC methodology may choose to utilize a subset of the projects on the project list as the basis for the SDC. These policy issues will be considered through adoption of a modified parks SDC, subsequent to the separate adoptions of the PROS Comprehensive Plan and the Project List, with additional opportunity for public involvement and a public hearing on the SDC adoption. PROS Comprehensive Plan Adoption Process Page 3