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HomeMy WebLinkAboutAgenda Packet 7-15-19 Public HearingJuly 15, 2019, Public Hearing EUGENE CITY COUNCIL AGENDA July 15, 2019 7:30 p.m. CITY COUNCIL PUBLIC HEARING Harris Hall, 125 East 8th Avenue Eugene, Oregon 97401 Meeting of July 15, 2019; Her Honor Mayor Lucy Vinis Presiding Councilors Betty Taylor, President Emily Semple, Vice President Mike Clark Greg Evans Chris Pryor Claire Syrett Jennifer Yeh Alan Zelenka 7:30 p.m. CITY COUNCIL PUBLIC HEARING Harris Hall, 125 East 8th Avenue 1. PUBLIC HEARING: An Ordinance Extending the Term of Ordinance No. 20170 Granting to Northwest Natural Gas Company, a Corporation, a Twenty-Year Non-Exclusive Right and Franchise to Lay, Maintain and Operate Facilities in the Public Way Within the City of Eugene, Oregon; and Providing For the Payment of Compensation to the City 2. PUBLIC HEARING: An Ordinance Amending and Codifying Permitted Overnight Sleeping Rest Stop Program Provisions, and Amending Section 4.816 of the Eugene Code, 1971 3. PUBLIC HEARING: Proposal to Rename Washington-Jefferson Park as Edwin R. Smith Park in Honor of Ed Smith July 15, 2019, Public Hearing The Eugene City Council welcomes your interest in these agenda items. This meeting location is wheelchair-accessible. For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast later in the week. El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana. For more information, contact the Council Coordinator at 541-682-5010, or visit us online at www.eugene-or.gov. July 15, 2019, Public Hearing – Item 1 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Extending the Term of Ordinance No. 20170 Granting to Northwest Natural Gas Company, a Corporation, a Twenty-Year Non-Exclusive Right and Franchise to Lay, Maintain and Operate Facilities in the Public Way Within the City of Eugene, Oregon; and Providing for the Payment of Compensation to the City Meeting Date: July 15, 2019 Agenda Item Number: 1 Department: Central Services Staff Contact: Mike Streepey www.eugene-or.gov Contact Telephone Number: 541-682-6820 ISSUE STATEMENT The purpose of this public hearing is to provide an opportunity for public comment regarding the proposed ordinance extending the Northwest Natural Gas Right of Way Franchise Agreement until November 11, 2020. Without the extension, the franchise agreement will expire on November 11, 2019. This ordinance would only extend the term of the franchise; all other current franchise terms and conditions would remain the same. BACKGROUND Franchise agreements between local governments and utilities govern the use of the public right of way to ensure safety, coordinated access, and the stability of public infrastructure. Typical franchise agreements outline the terms and fees under which utility companies can utilize the public right of way for their business. Fees are typically calculated on a percentage of the revenues derived from sales of the utility company to customers within the service area. In October 1999, the City Council approved Ordinance 20170 (Attachment A) that: • Increased the compensation rate from 4 percent to 5 percent of gross revenues; • Granted a franchise term of 20 years with possible renegotiation every five years; • Provided updated audit language and facility relocation and abandonment provisions; • Added “favored cities” language, which requires NWNG to notify the City should they agree to pay any other city in Oregon a franchise fee that exceeds 5 percent of gross revenues. Currently, the City receives $1.4 million in General Fund revenues from this franchise annually. Revenue from NWNG franchise fees have been trending at this level over the past few years based on flat/declining NWNG rates in the area. July 15, 2019, Public Hearing – Item 1 Natural Gas Greenhouse Gas Emissions and the State Legislature As City staff continue to work on the franchise renewal process, two bills before the State Legislature this year (Senate Bill 98 and House Bill 2020) could have implications for franchise negotiations and the delivery of natural gas in Oregon. After analyzing the bills, it was determined that—if passed—the new laws would have the potential for significant impacts on natural gas sourcing, emissions, costs for retail customers, and other market forces and regulations. At this time, SB 98 has been approved by the Legislature and will likely be signed into law by the Governor. SB 98 has been supported by the natural gas industry and it directs the Public Utility Commission to adopt by rule, a renewable natural gas program for both large and small utilities. RNG is produced from organic materials like livestock manure, forestry byproducts or municipal sewage. These biofuels are then stored and may be delivered by natural gas providers via the natural gas pipeline network that is in place. Through this process, RNG reduces GHG emissions from society’s waste streams. The law incentivizes investments in RNG by allowing the PUC to adopt ratemaking mechanisms that account for incurred costs by a utility company making qualified investments in RNG infrastructure and/or procurement of RNG. SB 98 would allow utilities to recapture the higher production and delivery costs from necessary RNG capital investments by adjusting the allowable rates charged to retail customers. This new law requires PUC to adopt the rule by July 31, 2020. The extent to which NWNG will participate in this new RNG program is unknown at this time. HB 2020, known as the cap and trade bill, stalled when the bill passed the House but did not receive a vote in the Senate. It is unknown if the bill will be reconsidered later this year or next. The bill makes sweeping changes to Oregon’s climate policies in a number of ways including the required cap on total Greenhouse Gas (GHG) emissions, the setting of allowance budgets and the creation of a market-based mechanism for covered entities to demonstrate compliance. The bill has a number of provisions relevant to large natural gas utilities like NWNG. If the bill is passed, the extent to which the natural gas industry and natural gas markets are impacted remains unclear for staff at this time. If this bill becomes law, more work may need to be completed by City staff to determine its impact on the franchise and other aspects of City operations. Given the upcoming expiration of the current franchise between the City and NWNG, as well as recently enacted and pending changes to State law, staff has drafted a proposed ordinance (Attachment B) to extend the franchise term of the current franchise. This ordinance would only extend the term of the franchise; all other current franchise terms and conditions would remain the same. PREVIOUS COUNCIL DIRECTION November 14, 2018, Work Session This work session provided the City Council with information regarding the review process for the right of way franchise agreement with Northwest Natural Gas and discuss options for including CAP2.0 in the negotiations. July 15, 2019, Public Hearing – Item 1 January 30, 2019, Work Session Staff reviewed questions submitted by the Eugene Sustainability Commission to the City Council regarding the regulation of natural gas in Eugene. May 22, 2019, Work Session Council held a work session with Northwest Natural (Northwest Natural presentation) as a follow-up to a previous work session about NWN’s franchise agreement with the City and Climate Action Plan 2.0 discussions. May 29, 2019, Work Session Move to direct the City Manager to schedule a public hearing on a possible one-year extension of the franchise with Northwest Natural Gas. (Motion passed) COUNCIL OPTIONS This item is scheduled for public hearing only. Council action on the proposed ordinance to extend the franchise term is scheduled for July 22, 2019. CITY MANAGER’S RECOMMENDATION No recommendation is provided at this time. A recommendation will be provided for the scheduled action on July 22, 2019. SUGGESTED MOTION None. ATTACHMENTS A. Ordinance 20170 B. Proposed Ordinance FOR MORE INFORMATION Staff Contact: Mike Streepey Telephone: 541-682-6820 Staff E-Mail: MStreepey@eugene-or.gov Staff Contact: Ethan Nelson Telephone: 541-682-5245 Staff E-Mail: Enelson@eugene-or.gov ORDINANCE NO. A (}j 20 AN ORDINANCE GRANTING TO NORTHWEST NATURAL GAS COMPANY, A CORPO RATION, A TWENTY (20) YEAR NON-EXCLUSIVE RIGHT AND FRANCHISE TO LAY, MAINTAIN AND OPERA TE FACILITIES IN THE PUBLIC WAY WITHIN THE CITY OF EUGENE, OREGON; PROVIDING FOR THE PAYMENT OF COMPENSATION TO THE CITY; AND REPEALING ORDINANCE NO. 18489, PASSED BY THE CITY COUNCIL AUGUST 27, 1979, AND APPROVED BY THE MAYOR SEPTEMBER 3, 1979. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. This Ordinance shall be known and may be cited as The Northwest Natural Gas Company Franchise Ordinance. Section 2. Definitions. For the purpose of this Ordinance the following terms, phrases, words and their derivation shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1)"City" is the City of Eug_ene, Oregon._ _ (2)"Company" is Northwest Natural Gas Company, ·the grantee of rights under this Franchise. (3)"Council" is the City Council of the City of Eugene. (4)"Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (5)"Code" is the Eugene Code, 1971, including all amendments thereto. (6)"Public way" is any street, road, alley, right-of-way, pedestrian or bicycle easement or utility easement for public use that is controlled by City. (7)"GIS format" is the format of electronic information, as established by the City Engineer for incorporation into City's Geographic Information System (GIS). (8)"Facilities" includes gas mains, pipes, boxes, reducing and regulation stations, laterals, conduits and connections, including service connections, together with all of the necessary or useful appurtenances for the transmission and distribution of gas to City and its inhabitants and to other customers and territory beyond the limits of City. (9)"Gross revenues" means revenues earned by Company from operations within City, including but not limited to revenues from the sale and/or transportation of natural gas consumed within City and revenues earned from the use, rental or lease of operating facilities of Company other than residential-type space and water heating equipment; less the net writeoff of uncollectible accounts directly related to such revenues. Gross revenues shall not include: Ordinance - 1 Attachment A July 15, 2019, Public Hearing – Item 1 (a) Revenues paid directly by the United States of America or any of its agencies; (b) Proceeds from the sale of bonds, mortgages or other evidence of indebtedness, securities or stocks; or (c) Sales at wholesale by one utility to another when the utility purchasing the service is not the ultimate customer. Section 3. Grant of Authority. City hereby grants to Company the right and privilege to lay, maintain, and operate facilities in and under the public ways of City, subject to the terms of this Ordinance for a period of twenty years. This grant of authority shall not be exclusive, and· City reserves the right to grant similar use of such public ways to any person or corporation at any time during the period of this Franchise. Section 4. Compliance with Applicable laws and Ordinances. Company shall at all times during the period of this Franchise, be subject to all lawful exercise of the police power of City, and to such reasonable regulation as City shall hereinafter by resolution or ordinance provide. Section 5. Conditions -Occupancy of Public Ways. Company, subject to the prior approval of the City Manager or designee, and requirements of all applicable ordinances, regulations and adopted City policies, may make necessary excavations in public ways_ for the purpose of l9-ying, operating and maintaining its mains, pipes and appurtenances. Company shall furnish arid file with the City Engineer of City, which shall, to the extent technologically feasible, be in a data format prescribed by the City Engineer to allow integration into City's Geographic Information System (GIS), maps showing the location of all such mains, pipes, and appurtenances within City, both for its existing system and future plans for the system. The City Engineer may require such information, including (GIS) format, or other drawings, surveys and plans, as deemed necessary to conform to the requirements of the Code and related administrative rules. Company shall bring maps up to date annually or upon such shorter notice as the City Engineer may reasonably require. City reserves the right to stop any work on a public way if the City Manager or designee determines that the work has a serious adverse effect on traffic flow or endangers public safety. The right to stop work is absolute and cannot be challenged by Company even if Company's work hours and/or traffic control plans have been previously approved by City. Section 6. Removal and Restoration. Whenever any of Company's facilities shall unnecessarily inconvenience the public or private property owners, City may require the removal or change of location of any such Ordinance - 2 July 15, 2019, Public Hearing – Item 1 facility. Any removal or relocation of facilities made for the convenience of the public shall be at Company's expense. Whenever Company excavates or in any manner disturbs or interferes with any public way within City, Company shall restore the same as required by the Code. Section 7. City Free to Use Public Ways. Nothing in this Ordinance shall be construed to prevent City from sewering, grading, paving, repairing, altering, or doing any work that it finds necessary or desirable in or on any public way. Should City find it in the public interest to permanently or temporarily remove or change the location of any of Company's facilities, Company shall, upon request and reasonable notice from the Director of Public Works, do all necessary work at Company's sole cost and expense as promptly as the circumstances will reasonably permit. If Company fails so to do, City may cause such work to be done and Company shall pay all costs incurred by City in performing such work within thirty (30) days of the date City notifies Company of the cost thereof. Section 8. Company to Defend and Hold City Harmless. Company shall defend, indemnify and save harmless City, its employees, officers and agents, from any and all claims, damages, costs, liabilities, and expenses to which it or they may be subjected by reason of any act or neglect of Company, its agents or employees, or which may in any manner arise out of the construction, maintenance, operation or use of any property of Company in any public way. Section 9. Default and Termination. If Company fails to comply with or perform any of the requirements imposed on it by this Ordinance and City gives written notice specifying the nature of Company's default and demanding that such default be remedied within a reasonable time to be fixed in such notice, the rights and privileges granted by this Ordinance may be terminated and annulled by City if Company fails to remedy its default within the time specified. Section 10. Franchise Fee. As compensation to City for the franchise hereby granted, Company shall pay to City an amount equivalent to five percent (5%) of Company's gross revenues. If the Code in effect at the time the revenue is earned does not allow payment of a franchise fee or business privilege tax or combined franchise fee and business privilege tax in an amount of five percent of gross revenues or some greater amount, then the franchise fee shall be the maximum amount allowed by the Code; provided that, if the Code is amended thereafter to increase the allowable franchise fee, business privilege tax or combined franchise fee and business privilege tax, the increased rate, not to exceed five percent, shall be paid on all gross revenues earned after the effective date of the amendment. If Company agrees to pay any other city in Oregon a franchise fee that exceeds five percent of gross revenue, City may require Company to pay the same percentage of its gross Ordinance - 3 July 15, 2019, Public Hearing – Item 1 revenue to City, so long as the Code allows payment of the higher percentage. Payment shall be made within forty-five (45) days following the end of each quarter of each calendar year. Within forty-five (45) days after the termination of this franchise, compensation shall be paid for the period elapsing since the close of the last quarter for which compensation has been paid. Upon thirty days' written notice by either party to the other, the basis for calculation of the franchise fee, the definition of gross revenues and other terms of this franchise shall be subject to renegotiation and redetermination at the end of the first three- year period of the franchise term and again at the end of each five-year period thereafter during the franchise term. The principles governing the renegotiation shall include, but not necessarily be limited to, making the franchise consistent with federal, state and local law in effect at the time of the renegotiation. Section 11. Reports by Company. Company shall furnish to City with each quarterly payment of compensation a statement by an officer of Company showing the amount of gross revenues of Company for the quarter covered by the payment, computed on the basis set forth in Section 1 0, and the calculation of the payment for the quarter, including a description of and the amount for each exclusion from gross revenue, as allowed under Section 10. The books and records showing Company's gross revenues from the gas sales referred to in Section 10 shall always be open to inspection by City's Finance Officer, or by any other authorized representative of City for the purpose of ascertaining the amount payable to City under Section 10, or to verify any statement or report submitted by Company pursuant to the provisions of this Section. City, or its authorized representative, shall have the right to audit Company's books and records to verify that the franchise fee has been correctly calculated and paid by Company. Company shall reimbl:lrse City for the reasonable costs of such audit if the audit discloses that Company has paid 95% or less of the fee owing for the period of the audit. Company shall, upon request, furnish to City a list of all customers within the corporate limits of City who have contracted with Company for transportation and delivery of natural gas separate from the purchase of natural gas. This report shall include the names of all such customers and the volume of gas which was transported by Company on behalf of each customer for the period covered by the report. Section 12. Company to Pay All City Taxes and Fees. Nothing contained in this franchise shall give Company any credit against any non- discriminatory business tax or ad valorem property tax now or hereafter levied against real or personal property within City, or against any local improvement assessment imposed on Company, or against any permit fees or inspection fees required by the construction codes or other ordinances of City which are or may hereafter be adopted. Section 13. Valuation for Eminent Domain. In the event City should desire to acquire the property of Company in City and Ordinance - 4 July 15, 2019, Public Hearing – Item 1 adjacent territory by purchase, condemnation, or otherwise, the price to be paid by City shall exclude the value of the franchise or other prerogatives of sovereignty granted by City and connected with property of Company in the City. Section 14. Abandonment. Company shall at all times maintain all of its facilities in a good state of repair, and shall subscribe to a utility notification and locate service. If Company ceases to make use of its facilities in the public way for the purposes authorized by this franchise ordinance for a continuous period of six months or more, with no intention of using those facilities in that location in the future, the facilities shall be deemed abandoned; no facilities shall be considered abandoned if they are reserved for future use. If facilities have been in the public way for more than one year without being used, they shall be presumed to be abandoned unless Company provides to City objective evidence of Company's intent to use the facilities within the next year. Company shall maintain records of all abandoned facilities and, upon receipt of a locate request, shall locate those facilities, labelling them as abandoned. Upon 60 days written notice to Company at the address indicated in its acceptance of this ordinance, City may require Company to remove abandoned facilities and restore the public way, at Company's sole cost and expense. If Company fails to remove the facilities and restore the public way within the 60-day period, City may, at its option and in its sole discretion, remove the facilities from the public way and require Company to pay for the full cost of removal and restoration of the public way. If Company removes the facilities from the public way but fails to restore the public way to its prior condition, City may complete the repairs and bill Company for the full cost thereof. Section 15. Acceptance by Company. This Ordinance shall take effect thirty days after its adoption by the Council and approval by the Mayor, provided that prior to the expiration of those thirty days, Company files with City's Finance Officer its written acceptance of this Ordinance and the obligations it imposes. If no such acceptance is filed, this Ordinance shall become null and void. Section 16. Repeal of Ordinance 18489. From and after the effective date of this Ordinance, Ordinance 18489 of the City of Eugene, passed by the Council on August 27, 1979, and approved by the Mayor September 3, 1979, shall be, and the same is hereby repealed. Passed by the City Council this .fL!idayof t?cttPbec , 1999 "~ty!c~7 Ordinance - 5 Approved by the Mayor this /1-t~ day of tJc.{ oh.e c , 1999 ~Jaa~ July 15, 2019, Public Hearing – Item 1 ORDINANCE NO. _______ AN ORDINANCE EXTENDING THE TERM OF ORDINANCE NO. 20170 GRANTING TO NORTHWEST NATURAL GAS COMPANY, A CORPORATION, A TWENTY-YEAR NON-EXCLUSIVE RIGHT AND FRANCHISE TO LAY, MAINTAIN AND OPERATE FACILITIES IN THE PUBLIC WAY WITHIN THE CITY OF EUGENE, OREGON; AND PROVIDING FOR THE PAYMENT OF COMPENSATION TO THE CITY. The City Council of the City of Eugene finds that: A.On October 11, 1999, Ordinance No. 20170 was adopted granting to Northwest Natural Gas Company (“NWNG”) a twenty-year non-exclusive right and franchise to lay, maintain and operate facilities in and under the public ways within the City of Eugene, Oregon. NWNG accepted Ordinance No. 20170 on October 15, 1999. The Franchise will expire on November 11, 2019. B.The City of Eugene and NWNG have begun discussing franchise renewal and potential franchise terms. However, the Oregon Legislature is currently considering several bills that would likely impact regulation of natural gas utilities and the franchise negotiations between the City of Eugene and NWNG. C.Extending the term of the Franchise for one year would allow time for the City of Eugene and NWNG to understand the impacts of the pending legislation, if passed, and to complete franchise renewal negotiations. D.The City of Eugene has determined that it serves the public welfare to extend the term of the current franchise from November 11, 2019 up to and through November 11, 2020. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The franchise granted to NWNG in Ordinance No. 20170 shall be extended up to and through November 11, 2020. This extension shall be effective upon NWNG’s written acceptance. Section 2. Other than the duration of the franchise set forth in this Ordinance, Ordinance No. 20170 shall continue in full force and effect. Passed by the City Council this Approved by the Mayor this _____ day of July, 2019 _____ day of July, 2019 ________________________________ ______________________________ City Recorder Mayor ATTACHMENT B July 15, 2019, Public Hearing – Item 1 July 15, 2019, Public Hearing – Item 2 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Amending and Codifying Permitted Overnight Sleeping Rest Stop Program Provisions, and Amending Section 4.816 of the Eugene Code, 1971 Meeting Date: July 15, 2019 Agenda Item Number: 2 Department: City Manager’s Office Contact: Jason Dedrick www.eugene-or.gov Contact Telephone Number: 541-682-5033 ISSUE STATEMENT The City Council is scheduled for a Public Hearing on amendments to the existing ordinance that codifies permitted overnight sleeping and the rest stop program, and also amends Section 4.816 of the Eugene Code, 1971(Attachment A). BACKGROUND The rest stop program was initiated by City Council in September 2013 by Ordinance 20517 as a pilot program. Council approved yearly extensions to the program four times before voting to remove the program’s sunset date on February 27, 2017. The program provides certain council-approved sites where up to 20 individuals who are experiencing homelessness may safely and legally sleep and keep their belongings while they work to obtain more stable, permanent housing. Eugene currently has four rest stops, three of which are managed by Community Supported Shelters and are located in Ward 7, with the fourth managed by Nightingale Hosted Shelters and located in Ward 2. Managing non-profits have been responsible for the costs to establish and operate each location. The City contributes to the program through the council-enacted ordinance, by providing council-approved properties for sites, financial resources for materials and supplies, and staff support to the program. The Triple Bottom Line is primarily addressed on this program through siting efforts (environmental and social equity considerations) and the social equity and economic prosperity dimensions of helping community members achieve housing and economic stability by providing safe, supported places to sleep. PREVIOUS COUNCIL DIRECTION At the June 12, 2019, City Council work session, staff presented councilors with a set of options for amending or revising the rest stop program that would have the potential to expand the number of sites established by the City, based on feedback received from Council at previous work sessions. Council selected their preferred options and directed the City Manager to prepare an ordinance and schedule a Public Hearing on the amended ordinance. July 15, 2019, Public Hearing – Item 2 COUNCIL OPTIONS This item is scheduled for a public hearing only. CITY MANAGER’S RECOMMENDATION No recommendation is provided at this time. SUGGESTED MOTION None. ATTACHMENTS A. Ordinance Amending and Codifying Permitted Overnight Sleeping Rest Stop Program Provisions FOR MORE INFORMATION Staff Contact: Jason Dedrick, City Manager’s Office Telephone: 541-682-5033 E-Mail: jdedrick@eugene-or.gov ATTACHMENT A July 15, 2019, Public Hearing – Item 2 Ordinance - Page 1 of 2 Key to amendments of uncodified rest stop program provisions: ▪Deletions shown with double strikethrough ▪Additions shown with double underline ORDINANCE NO. _______ AN ORDINANCE AMENDING AND CODIFYING PERMITTED OVERNIGHT SLEEPING REST STOP PROGRAM PROVISIONS, AND AMENDING SECTION 4.816 OF THE EUGENE CODE, 1971. The City Council of the City of Eugene finds as follows: A. On September 25, 2013, Council adopted Ordinance No. 20517 to create additional sleeping options for people who are unhoused. Uncodified Sections 3 and 4 of that Ordinance created an overnight sleeping (“rest stop”) pilot program and established rest stop siting requirements. B. On December 8, 2014, Council adopted Ordinance No. 20547 amending Section 3 of Ordinance No. 20517 to increase by 5 people the maximum number of people allowed to stay at a rest stop, if certain conditions are met. C. On February 27, 2017, Council adopted Ordinance No. 20576 making the rest stop program permanent. D. It is necessary to amend the rest stop program provisions to provide the Council with greater flexibility when implementing the program. In addition, because the rest stop program is no longer a pilot program, the program provisions should be added to Eugene Code section 4.816 (permitting overnight sleeping). THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. A new subsection (10) is added to Section 4.816 of the Eugene Code, 1971 to provide as follows: 4.816 Permitted Overnight Sleeping. (10) Permitted overnight sleeping rest stop program. (a) Up to 15 persons may sleep overnight in vehicles, as that term is defined in subsection (1)(a) of this section, on property authorized pursuant to subsection (c) below. However, for rest stop sites that have been operating in good standing for at least six months, the operator of the rest stop may request, and the city manager may approve, that up to 20 persons may sleep overnight at a specified site under this program. ATTACHMENT A July 15, 2019, Public Hearing – Item 2 Ordinance - Page 2 of 2 (b) No site may be used for overnight sleeping pursuant to subsection (a) above unless one or more entities enters into the agreement with the city referenced in subsection (c) below and one or more entities other than the City provides, at no cost to the City, adequate garbage, toilets and supervision. The entity providing supervision shall work with surrounding and nearby neighbors (businesses or residences) to address any concerns. (c) The city manager shall recommend to the city council one or more proposed sites for the pilot project authorized by subsections (a) and (b) above. Any such site may not be located in a residential area or close to a school, and must be owned or leased by the City of Eugene, a religious institution, a non-profit organization, or a business if the business is located on property zoned commercial or industrial unless the city council determines that any potential impacts to the surrounding residences or to the school can be effectively mitigated. Before a proposed site may be used, the site must be approved by the city council by motion and an agreement must be executed between the city and the entity referred to in subsection (b) above. Such an agreement may include but is not limited to provisions concerning: 1. Supervision; 2. Selection of the individuals who may camp at the site; 3. Number of continuous days that someone may camp at the site; 4. Hours that people may stay at the site in addition to 9:00 p.m. to 7:00 a.m.; 5. Structures and other items that may be placed on the site; and 6. Closure of the site for non-compliance with the terms of the agreement. Section 2. The City Recorder, at the request of, or with the consent of the City Attorney, is authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Passed by the City Council this Approved by the Mayor this _____ day of ____________, 2019. _____ day of ______________, 2019. _______________________________ _______________________________ City Recorder Mayor July 15, 2019, Public Hearing – Item 3 EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: Proposal to Rename Washington-Jefferson Park as Edwin R. Smith Park in Honor of Ed Smith Meeting Date: July 15, 2019 Agenda Item Number: 3 Department: Public Works Staff Contact: Kelly Shadwick www.eugene-or.gov Phone: 541-682-4901 ISSUE STATEMENT This is an opportunity for the public to provide input on a proposal to rename Washington-Jefferson Park in honor of Edwin R. Smith. BACKGROUND On January 14, 2019, the City Council passed a motion to “request that the Mayor create an ad hoc committee in accordance with council policy on naming of public facilities, to consider the request to rename Washington-Jefferson Park in honor of Edwin Smith.” An ad hoc committee was formed and met on June 10 and 24, 2019 to identify and analyze potential consequences and any financial implications associated with the proposed name and to make a recommendation to council (Attachment A). The area known as the WJ Skatepark is exempt from this name change consideration. Ed Smith served the City of Eugene in many capacities from 1962 until his retirement in 1991. He was Director of Parks and Recreation from 1964 through 1980, and the Director of Parks, Recreation and Cultural Services from 1988 to 1991. He managed the Eugene Conference Center and Hult Center construction and became Director of the new Facilities Management Department, then Director of Hult Center Operations. Ed Smith was instrumental in securing the land under the I-105 on and off ramps for use as a park. He passed away on November 13, 2014. The original proposal to rename Washington-Jefferson Park in honor of Ed Smith is included as Attachment B. On September 27, 2010, the Eugene City Council adopted the City of Eugene Naming Policy (Attachment C), to guide the naming of City-owned facilities in a fair, objective and consistent manner and aid in the selection of names that are suitable to the property or facility, respectful of the history of the site or area, useful to the public in locating the facility and reflect prevailing or emerging community culture. On April 11, the City Council voted unanimously to amend the City of Eugene Naming Policy to improve clarity and remove inconsistencies within the policy. The amendments included: July 15, 2019, Public Hearing – Item 3 • Adding the word “clearly” to the statement on page three that reads “…the council will not rename facilities or existing facility spaces which clearly have been previously dedicated in honor of an individual…” • Amending the Naming Policy for Park lands and Features (page two of Appendix A of the Naming Policy) to change two years to one year from the time of death to consider requests honoring a deceased person. PREVIOUS COUNCIL DIRECTION January 14, 2019 City Council Work Session Motion passed to request that the Mayor create an ad hoc committee in accordance with council policy on naming of public facilities, to consider the request to rename Washington Jefferson Park in honor of Edwin Smith. COUNCIL OPTIONS No action; this is a public hearing only. CITY MANAGER’S RECOMMENDATION No recommendation; this is a public hearing only SUGGESTED MOTION No suggested motion; this is a public hearing only. Action on this proposal has been scheduled for July 22, 2019. ATTACHMENTS A. Ad Hoc Renaming Committee Recommendation B. Original Proposal to Rename Washington-Jefferson Park in Honor of Edwin R. Smith C. City of Eugene Naming Policy FOR MORE INFORMATION Staff Contact: Kelly Shadwick Staff Phone: 541-682-4901 Staff E-Mail: kshadwick@eugene-or.gov Memorandum Date: July 1, 2019 To: Mayor Vinis and City Council From: Washington‐Jefferson Park Ad Hoc Renaming Committee Subject: Washington‐Jefferson Park Renaming Recommendation On January 14, 2019, the City Council passed a motion to “request that the Mayor create an ad hoc committee in accordance with council policy on naming of public facilities, to consider the request to rename Washington‐Jefferson Park in honor of Edwin Smith.” In June 2019, the Ad Hoc Naming Committee was formed and worked over the month to identify and analyze potential consequences and financial implications and ultimately make a recommendation. The committee was comprised of: o John Etter (former parks planning colleague of Ed Smith) o Thea Lee (representative for the Whiteaker Community Council) o Terry Smith (Eugene Parks Foundation board member) o Caleb Sollars (skateboard instructor) o Ross Druckrey (Skate Marketing Manager at Tactics) The committee recognized that without the work of Ed Smith, the area now known as Washington‐Jefferson Park would have been landfill with an embankment up to the I‐105 bridge, bisecting the Whiteaker neighborhood and offering no public space for recreation. The committee determined that the financial implications associated with the name change would amount to approximately $400 to update the park entry sign with the new name. Other materials such as the hand‐held Eugene park map would be updated over time when a new order is placed so there would be no additional costs. The committee acknowledged that even with a name change the park will likely still be considered by many to be the Washington‐Jefferson Park. However, renaming the park may help with some of the confusion between Washington‐Jefferson Park and Washington Park located at 19th and Washington. There was agreement that the nationally known WJ Skatepark should retain its name. A great deal of community outreach and branding went into developing the skatepark and it is widely known by this name. ATTACHMENT A July 15, 2019, Public Hearing – Item 3 The committee acknowledged that the Whiteaker Community Council voted in June 2019 in favor of the name change and the effort has received a letter of support from the Eugene Parks Foundation. The committee recommends changing the name of Washington‐Jefferson Park to Edwin R. Smith Park but retaining the name WJ Stakepark for that area of the park. The committee recommends changing the park entry sign to read Edwin R. Smith Park and WJ Skatepark. The committee recommends holding a renaming ceremony at the park. The ceremony would also provide an opportunity to share information about the new lighting and basketball court renovation projects coming soon. For more information or questions, contact Parks and Open Space Community Engagement Manager, Kelly Shadwick at 541‐682‐4901 or kshadwick@eugene‐or.gov. July 15, 2019, Public Hearing – Item 3 MEMORANDUM TO: Parks and Open Space Division Staff FROM: John Etter (on behalf of Retired Eugene Parks & Recreation Employees) DATE: January 24, 2015 SUBJECT: Renaming Washington-Jefferson Park to honor Edwin R. Smith A group of eight retired Eugene Parks & Recreation employees who worked under Ed Smith propose that the Washington-Jefferson Park be renamed the Edwin R. Smith Park in his honor. We submit the following information as requested in the Donation Guidelines, City of Eugene Parks and Open Space, APPENDIX A: NAMING POLICY FOR PARK LANDS AND FEATURES. Description of feature to be renamed: Washington-Jefferson Park Proposed name: Edwin R. Smith Park Description of reason(s) for the name change: The Washington-Jefferson Park would not exist today if Ed Smith had not envisioned the potential for dual use of this highway corridor. The initial State highway design for the I-105 extension called for the highway to be built on a landfill, at a height going over the railroad tracks and 1st and 5th Avenues. Ed convinced the State that their solution would divide the neighborhood and be an eyesore. On the other hand a park space, partly sheltered from rain, would be something the State and the City could be proud of. Although Ed contributed to many other valuable projects during his career with the City, his effort to establish this unique park makes it especially worthy of bearing his name. Extraordinary contribution of the individual to the community: Ed Smith served the city of Eugene in many capacities from 1962 till his retirement in 1991. He was Director of Parks and Recreation from 1964 through 1980, and the Director of Parks, Recreation and Cultural Services from 1988 to 1991. His versatility was particularly appreciated in the interim years as he was asked to step into managing the Conference and Hult Center construction after the the initial project ATTACHMENT B July 15, 2019, Public Hearing – Item 3 manager resigned. He then became Director of a new Facilities Management Department, then Director of Hult Center Operations. Ed’s leadership in planning and lobbying for funding measures resulted in the construction of a senior center, four regional recreation centers, two swimming pools, the start of the Ridgeline Park, extensions of park and open space along the Willamette River, and the acquisition and development of parks to keep up with a growing population. The National Recreation and Park Association recognized his early accomplishments in 1969 with a national first place gold medal award for program excellence for mid-sized cities. Date of death: November 13, 2014 Explanation of how renaming a park or feature would improve community awareness and historical perspective: When the park was originally named Washington-Jefferson Park, that name was adopted by the Parks & Recreation employees because they couldn’t come up with a better alternative to the streets that bounded it. It is clearly an improvement to remind people that outstanding individuals such as Ed Smith are why we have special places like our parks. At heart, it is the citizens who make a community what it is. John Etter, on behalf of Ernest Drapela Louis Kroeck Vic Martin Carrie Matsushita Dave Pompel Doug Post Marilyn Steele July 15, 2019, Public Hearing – Item 3 City of Eugene Naming Policy Page 1 City of Eugene Naming Policy  Adopted September 27, 2010  Revised April 11, 2018  OBJECTIVE  The intent of the City of Eugene naming policy is to guide the naming of City‐owned facilities in a fair,  objective and consistent manner, and aid in the selection of names that are suitable to the property or  facility, respectful of the history of the site or area, useful to the public in locating the facility and reflect  prevailing or emerging community culture. For the purposes of this policy, “facility” shall be used to  mean any building, park, street, natural area, bridge, or other City‐ owned structure.  GENERAL  The establishment of formal legal names of permanent real property owned by the City of Eugene  requires administrative action. Only the Eugene City Council retains the authority to establish formal  legal names for City‐owned facilities.  It will be the general policy of the City of Eugene when naming facilities to incorporate a geographic,  natural, historic, or geological feature as part of the name to assist the public in recognizing the location.  The use of geographic areas or neighborhood locations for naming promotes community identification,  thus creating a sense of ownership by citizens.  As an alternative, the council may consider honoring individuals whose achievements represent a lasting  legacy to the mission of the City of Eugene and the community it serves, or donors making significant  financial contributions to the construction of or ongoing operation of the facility by incorporating that  individual’s name in the name of the facility. Whenever practicable, the individual’s name will be  incorporated into the existing geographic name. In the event that an individual’s name is considered,  the City Council will take great care to ensure that the individual is of such character and integrity that  the name will endure as an honor in the present and into the future. At no time will a facility be named  after a business.  It is the policy of the City Council not to rename existing facilities which have been dedicated in honor of  an individual, unless such individual no longer represents a lasting legacy to the mission of the City of  Eugene or the community it serves.  All naming proposals for major City‐owned facilities will be subject to a public comment process during  which objections to the proposal may be raised. The council may choose to empower an appropriate  existing committee or create an ad‐hoc naming committee, appointed by the Mayor, to ensure the  integrity and completeness of the naming process.  In general, members of an ad hoc Naming  Committee will possess a public service background and have a working knowledge of state and local  history.  Existing naming policies shall remain in effect unless the application of the following procedures is  warranted. Factors used in determining which policy shall be applied may include size and scope of the  facility, level of public interest, and significant historical event.  ATTACHMENT C July 15, 2019, Public Hearing – Item 3 City of Eugene Naming Policy Page 2 CRITERIA FOR CONSIDERING INDIVIDUAL’S NAME FOR BOTH NEW AND EXISTING CITY FACILITIES  The City Council may consider naming a facility after an individual who has been deceased for a  minimum of one (1) year as of the date of the submission of the proposed name and who meets at  least one of the following criteria:  Regional or local leader with strong, identifiable ties to the community or, specifically, to the facility being named. City resident who has distinguished himself/herself in public service as an elected or appointed official or volunteer with strong, identifiable ties to the City organization. Individual nominated for dedication of a specific facility by a donor who gives: At least 50 percent of the total cost of the facility donated at the time of construction; At least 50 percent of the total cost of major renovation or upgrade donated at the time of renovation or upgrade; or The land comprising the building site or the cost of the land donated at the time of purchase. Individual nominated for dedication of a space/room in the facility by a donor who makes a significant financial contribution to the facility. I.PROCEDURE FOR SELECTING NAMES FOR NEW FACILITIES The following procedures shall be used in selecting names for new City‐owned facilities. A.City‐Owned Facilities 1.Staff will notify the council about a naming opportunity at least 12 months prior to the scheduled opening of a new facility or at the earliest opportunity. The council may choose to designate an appropriate committee or convene an ad hoc naming committee to recommend a geographic name for that facility and to identify and analyze any real costs associated with the proposal. The proposed name will be based on the location served by the facility or its history. a)Individual or groups who wish to submit a recommendation to the City Council will provide the following information in writing (see Attachment D): Description of facility to be named Proposed name Description of how the naming proposal meets the criteria contained within this policy If the proposed name recognizes a living or deceased person, the proposal must also  contain the following:  Compelling evidence of the extraordinary contribution of the individual to the community Biographical information, including date of the death, if applicable Explanation of how naming facility would improve community awareness and historical perspective 2.A name for the new facility will be proposed to the City Council at a regular council meeting. This meeting will initiate a public comment period, the purpose of which is to ensure that the proposed geographic name and/or any individual names proposed by stakeholders or citizens are accepted by the community. July 15, 2019, Public Hearing – Item 3 City of Eugene Naming Policy Page 3 3.During the public comment period, staff will notify the public of the proposed name through press releases, public service announcements, the City’s website, or other effective means of communication. Any notification will contain the following information: (a)A description of the facility to be named, its location, and its proposed name (b)The deadline for submitting comments (either in writing or in person (c)The address to which citizens may send their comments (d)The dates, times, and locations of the council meetings to be held during the public comment period, at which citizens may comment on the proposed name. 4.If public response suggests the need for an alternate name, the Naming Committee will consider other names and make an appropriate recommendation to the council. The recommendation will include the rationale for the committee’s choice. 5.The council will hear the final recommendation and, unless further deliberation is needed, will vote on the recommendation at a regular council meeting. B.Streets The process for naming streets is prescribed in planning laws and regulations (see Attachment A.) C.Library Amenities The criteria for the naming of features and amenities at the Eugene Public Library were set by a council‐appointed committee, and are maintained by a three‐member City of Eugene/Eugene Public Library Foundation (EPLF) committee and coordinated by the EPLF (see Attachment B). D.Parks and Open Spaces The Parks and Open Space Division oversees the naming of park lands and features within the Eugene parks and open space system, with the exception of large buildings such as community centers and aquatic facilities. To ensure fair and consistent application of naming, all park lands and features requiring naming, or for which formal naming is requested, are evaluated and processed in accordance with established guidelines (see Attachment C). II.PROCEDURE FOR SELECTING NAMES OF INDIVIDUALS FOR EXISTING FACILITIES AND SPACES In most cases, renaming an existing facility will occur only when a facility has a generic name or in recognition of and response to evolving political/social perspectives and sensitivities. At any time, citizens or other stakeholders may suggest names for an existing facility or for spaces in and around City‐owned facilities to the City Council in writing; however, the council will not rename facilities or existing facility spaces which clearly have been previously dedicated in honor of an individual, unless such individual no longer represents a lasting legacy to the mission of the City of Eugene or the community it serves. A.Renaming City‐Owned Facilities 1.When submitting a proposal to rename an existing facility, the person(s) requesting the change will provide the following information (see Attachment D): Description of feature to be renamed Proposed name Concise description of reason(s) for the name change Description of how the renaming request meets the criteria contained within this policy July 15, 2019, Public Hearing – Item 3 City of Eugene Naming Policy Page 4 If the proposed name recognizes a living or deceased person, the proposal must also contain  the following:  Compelling evidence of the extraordinary contribution of the individual to the community Biographical information, including date of the death, if applicable Explanation of how renaming a park or feature would improve community awareness and historical perspective 2.The City Council may refer a suggested name(s) to an appropriate existing committee or ad hoc Naming Committee. The Naming Committee will meet to review any suggestions and will make a recommendation to the council. During its review, the committee will identify and analyze potential consequences and any financial implications associated with the proposed name. 3.When a name is suggested for an existing facility, the council will initiate a public comment period  and will notify the public of the proposed name through press releases, public service announcements, the City’s website, or other effective means of communication. Any notification will contain: A description of the facility to be named, its location, and its proposed name The deadline for submitting comments (either in writing or in person) The address to which citizens may send their comments The dates and times of at least one public forum to be held during the public comment period at which citizens may comment on the proposed name 4.If multiple suggestions are made for the same facility or space, the Naming Committee will select one name to recommend for approval, but may recommend the other suggested names for other spaces in the facility. 5.The council will hear the Naming Committee’s recommendation and, unless further deliberation is needed, will vote on the recommended name at a regular council meeting. 6.If additional deliberation is needed, the vote will be postponed until a subsequent council meeting. The Naming Committee will clarify its recommendation before that council meeting. B.Renaming Streets The process for renaming streets is currently set forth in Eugene Code sections 9.8475 – 9.8490. Applications for street name changes are submitted to the Eugene Planning Division and vetted by the Planning Commission (see Attachment A). III.STAFF‐INITIATED REQUESTS Naming/renaming of public meeting rooms and subsections of City facilities will be made by the City Manager or his designee, but may come to the City Council for approval at a regular council meeting, or, in situations of lower public interest, via council memo at least four weeks prior to formalization of the proposed name. ENDORSING PROPOSALS FROM OTHER JURISDICTIONS  In the event the Mayor and City Council are asked to endorse a proposal for naming or renaming a  facility not under the City’s jurisdictional authority, the following information shall be required:  July 15, 2019, Public Hearing – Item 3 City of Eugene Naming Policy Page 5 Written letter or statement of request Description of public process for vetting the proposed name Impact analysis, including financial implications, community impact, potential negative impacts, associated with the naming or renaming. A minimum of six councilors voting in the affirmative is required for the City Council to officially endorse  a naming proposal. In the event this threshold cannot be met, a formal notice will be sent to the  requesting agency stating that the City Council has no position on the request.  COUNCIL‐INITIATED PROPOSALS TO OTHER JURISDICTIONS  Individuals, advisory groups, organizations, individual councilors, or the council as a body may wish to  recommend a name for a facility not under the City of Eugene’s jurisdiction. In these cases, the  following procedure will be used to develop a formal recommendation:  1.Individual or group submits recommendation in writing to City Council via letter or nomination form. 2.Recommendation is placed on Consent Calendar for initiation of public comment period. 3.Notification about the public comment period will occur on the City’s website or by other effective means of communication and will consist of: A description of the facility to be named, its location, and its proposed name The deadline for submitting comments (either in writing or in person) The address to which citizens may send their comments The dates and times of at least one public forum to be held during the public comment period at which citizens may comment on the proposed name 5.Staff identifies any potential impacts associated with the proposal, including financial implications. 6.Following the public comment period, the proposal is scheduled for action by the City Council. 7.Official letter of recommendation is prepared and sent to governing agency. ATTACHMENTS  A.Street Naming Policy (including relevant code provisions) B.Library Naming Policy C.Parks and Open Space Naming Policy D.Application for Naming/Renaming Facilities July 15, 2019, Public Hearing – Item 3   APPENDIX A   Suggested Road Naming Guidelines Lane County, Oregon       Recently, many new road names became problematic for address and road name users. Developers have proposed road names that are identical or too similar to existing road names in Lane County. There have also been problems with road names containing road types, alpha/numeric, etc. This results in difficulties for many public agencies, private companies, the U.S. Postal Service, E9-1-1, residents, and the public at large.   Lane Council of Governments (LCOG) facilitated a meeting with local governments and the U.S. Postal Service to create guidelines to accommodate the needs of Planners, Addressing, Public Safety, and U.S. Postal Service staff when reviewing new road names and proposed road name changes. The guidelines apply to both public and private road names.   Generally, each jurisdiction involved in reviewing subdivision plats and proposed road name changes already has an existing review process. In addition to these existing review processes, it was concluded that it would be beneficial to have the U.S. Postal Service, E9-1-1, and LCOG review proposed road names. In an effort to reduce the amount of paper involved with this additional step, correspondence will be sent via e-mail. An e-mail group list has been created and can be found on the RIS network as *LCOG Roadnames. Another benefit of the group list is that it may help prohibit identical or too similar road names from being approved by two different entities simultaneously. Those who send proposed road names to the e-mail group list should give reply deadlines. Recipients should reply that the proposed road name is acceptable or unacceptable before the deadline.   Guidelines: These guidelines do not conflict with any existing regulations within Lane County. Road names can be checked by using www.rlid.org. This site contains all road names within Lane County where building permits have been issued.   Do not accept:   • Road names without a valid road type;* • Road names with post-directionals (ex: Woodlake Way South); • Road names with pre-directionals contained within the road name field (instead of in the pre-direction field). Pre-directionals that are attached to another word in the road name (no space between words) are acceptable (ex: South Ridge Dr is not acceptable, Southridge Dr acceptable); • Road names with punctuation (ex: St. Ives Pl, Be-ell Pl, or Hooton’s Corners Rd); • Road names with potentially confusing foreign names (ex: Soufreiere Ct); • Road names that are alpha/numeric (ex: Bonners Lane 1); • Road names that sound like existing road names (ex: Cortland/Portland); • Road names that contain more than 20 characters (ex: Goodpasture Lakes Loop Rd); • Road names that contain a road type within the road name (ex: Woodway Pl);* • Road names that contain a sound-alike of a road type within the road name (ex: Brenelain Ave);*   Page 1 of 2 July 15, 2019, Public Hearing – Item 3   Do not accept (cont’d)   • Road names that are identical to an existing mailing or incorporated city; • Road names that are in general confusing, or have unusual spellings (ex: Acres on Taylor Ave or Hodsdonsdale Ln); • Road names that contain abbreviated MT (mount/mountain) or ST (saint) without another word following (ex: Shasta MT Rd not acceptable, MT Shasta Rd is acceptable). There will be no punctuation but it must contain a valid road type; • Road names with TRL as a road type. “Trail” in the road name is acceptable with a valid road type (ex: Deer TRL not acceptable, Deer Trail Rd is acceptable).   Proposed road names that already exist in Lane County will be reviewed on a case-by-case basis. Because the Master Street Address Guide (MSAG) is maintained at a county-wide level, it would be less confusing to avoid duplication of road names in Lane County.   Additional guidelines: Naming cul-de-sacs: • A new road name is preferable • For short cul-de-sacs which can be addressed between the lowest and highest addresses of the “root” road where it connects with the cul-de-sac, it is acceptable to use the same road name and type as the root road. Do not use a different road type. (ex: a cul-de-sac off of Teralee Ln should be named either Teralee Ln or an entirely different road name)       If you have any questions regarding these guidelines, please contact Carolyn Housdorf at (541) 682-6437 or chousdorf@lcog.org.       *Valid road types are: Aly, Ave, Blvd, Cir, Ct, Dr, Hall, Hwy, Ln, Lp, Pike, Pkwy, Pl, Rd, St, Ter, and Way.                                     Page 2 of 2 July 15, 2019, Public Hearing – Item 3     Relevant Code Sections        Standards for Streets, Alleys, and Other Public Ways   9.6855 Street Names. Wherever practical, streets that are in alignment with existing named streets shall bear the names of such existing streets. Names for streets that are not in alignment with existing streets are subject to approval by the planning director and shall not unnecessarily duplicate or resemble the name of any existing or platted street in Lane County. (Section 9.6855, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)       ****************************************   Street Name Change   9.8475 Purpose of Street Name Changes. Requests to rename an existing street may be generated by a variety of circumstances. In many cases, there are other existing streets in the city that have similar sounding names resulting in confusion for the postal service, emergency response services and the general public. Applications to rename a street are subject to state law that requires the planning commission to review the request and make a recommendation to the city council for final action. (Section 9.8475, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)   9.8480 Applicability. Any existing street or highway, other than a county or state road or highway, may be renamed by the city council provided it is within six miles of the limits of the city and within the Eugene Urban Growth Boundary. Street name changes are subject to the Type IV procedural requirements beginning at EC 9.7400. (Section 9.8480, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)   9.8485 Street Name Change Approval Criteria. The planning commission shall recommend, and the city council shall approve an application for a street name change upon determining that a proposed renaming is in the best interest of the city. (Section 9.8485, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)   9.8490 General Requirements. The city council by ordinance shall rename a street or highway in accordance with the recommendation of the planning commission, or by resolution shall reject the recommendation. A certified copy of the ordinance shall be filed for record with the county clerk or recorder, and a like copy shall be filed with the county assessor and county surveyor. The county surveyor shall enter the new names of the streets and roads as required by state law. (Section 9.8490, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.) July 15, 2019, Public Hearing – Item 3           EUGENE PUBLIC LIBRARY  NAMED GIFT OPPORTUNITIES  ATTACHMENT B       A three‐ person committee decides all deletions and additions to the named gift opportunities list, which  was originally created by the City Council‐appointed “Named Gifts Committee.”  That committee is  currently comprised of Library Services Director Connie Bennett, Eugene Public Library Foundation (EPLF)  Board President Connie Regali (to be replaced next month by incoming president Larry Deckman), and  EPLF Executive Director Jim Olney.    Once a named gift opportunity is identified and approved by this committee, EPLF handles all donations  and naming. The list of current gift opportunities is listed below and is available on the EPLF website.    Over $250,000  Children’s Center ............................................................................................................. $1,000,000  Grand Staircase ............................................................................................................... $1,000,000    Over $50,000 and under $250,000  Children’s Center Courtyard ............................................................................................... $250,000  Electronic Resources Room ................................................................................................ $100,000  Eugene Skinner sculpture ..................................................................................................... $75,000    Over $5,000 and under $50,000  Billy Goats Gruff sculpture ................................................................................................... $50,000  Conference Center Breakout Area ....................................................................................... $35,000  Carnegie Table ..................................................................................................................... $10,000    $5,000 and under  Study Tables ................................................................................................................... each $5,000  Study Carrels .................................................................................................................. each $5,000  Rotunda Steps ................................................................................................................ each $2,500  Computer Stations ......................................................................................................... each $2,500  Upholstered Chairs......................................................................................................... each $2,000  New Library Chairs ......................................................................................................... each $1,000  Buy a Library Book Stack ................................................................................................ each $1,000  Buy a Library Book Shelf.................................................................................................... each $100  July 15, 2019, Public Hearing – Item 3 Donation Guidelines City of Eugene Parks and Open Space Page - 1 -           APPENDIX A       NAMING POLICY FOR PARK LANDS AND FEATURES       1. INTRODUCTION AND PURPOSE The Parks and Open Space Division shall oversee the naming of park lands and features within the Eugene parks and open space system, with the exception of certain large buildings such as community centers and aquatic facilities. To ensure fair and consistent application of naming, all park lands and features requiring naming, or for which formal naming is requested, shall be evaluated and processed in accordance with these guidelines. Approved naming or renaming shall not constitute an obligation to provide a sign or other indication of the name.   2. JURISDICTION The establishment of formal legal names of permanent real property owned by the City of Eugene, including parks, requires legislative action and cannot be accomplished through administrative action. Only the Eugene City Council retains the authority to carry out legislative action to establish legal names. Features or distinct areas within parks, however, such as picnic structures or gardens, can be named through administrative action.   3. COMMON NAME VS. LEGAL NAME For operational and public identification purposes, the Parks and Open Space Division frequently refers to park property by a particular name which has not been legally defined or assigned by the City Council. Such names are called “common” or “use” names. In many cases, common names are used for long periods of time, and subsequently appear in documents and printed materials. Names may only achieve a legal standing by one of two means: 1. Eugene City Council resolution adopting the name 2. Eugene City Council adoption of a plan or document in which the common or use name is clearly used to identify the property or facility   4. NEW PROPERTY AND FEATURES As new property is acquired and new features are constructed, the City of Eugene Parks and Open Space Division typically establishes a name based on one or more of the source criteria listed below. Similarly, the Division may establish a name for existing parks property or features which have not been named.   Adjacent Street - Names referencing an adjacent street. Geography – Names referencing geographical characteristics of an area near the park or facility, with consideration being given to archeological, geological, topographical, botanical, zoological, or human-made geographical characteristics. Geographical names shall reference features expressing timeless qualities likely to maintain name appropriateness over time. History - Names referencing a historic person, place, culture, or event associated with the land or facility. Subdivision/Neighborhood - Names referencing the surrounding neighborhood or subdivision comprising a significant portion of the park service area. July 15, 2019, Public Hearing – Item 3 Donation Guidelines City of Eugene Parks and Open Space Page - 2 -           5. RECOGNITION NAMING Naming park land or features in recognition of a person, group or entity shall be considered based on the following criteria:   Donor - Names referencing a donor, or a name suggested by a donor, may be considered in exchange for significant contributions. Naming of land, where the land itself is donated, may be considered where the appraised value of the donated land is $500,000 or greater, and where the donated land represents at least 51% of the area of a particular park. Naming of donated features constructed using donated funds, may be considered for donations of 51% of the feature construction or acquisition cost, or $100,000, whichever is greater. Long-term gifts and endowments are encouraged and may also be considered for naming opportunities.   Honoring a Living Person - Park land and features may be named to honor a living person whose gift or service to the community is of a most extraordinary nature.   Honoring a Deceased Person – Park lands and features may be named to honor a deceased person to recognize an extraordinary service or gift to the community. Requests for naming in honor of a deceased person shall be considered after one (1) year from the date of death.   Group Recognition - Park lands and features may be named to recognize an organization or group for extraordinary gifts or service to the community.       6. RENAMING PROCEDURES In order to respect past community values, a commonly- or legally-named park or feature shall not be renamed in its entirety under most circumstances. The following procedures describe the process for renaming park lands and features in a variety of circumstances:   Renaming Through Public Process During public discussions within a park or open space resources plan update process, a general consensus may be reached to rename park land or features to better reflect current community values or the area’s special characteristics, or for similar reasons deemed significant by participating members of the community. Public discussions of naming shall be directed to address the criteria outlined herein.   Legal change of the name for a park does not occur unless or until formally adopted by the City of Eugene Council. Name change for a feature or area within a park will take place when the plan is adopted by administrative order.                   (continued next page) July 15, 2019, Public Hearing – Item 3 Donation Guidelines City of Eugene Parks and Open Space Page - 3 -           Renaming Features Outside of Public Process Requests for renaming outside of a public process may originate from members of the community, organizations, or elsewhere. An official written request for renaming must be sent to the Parks & Open Space Division containing the following information:    Description of feature to be renamed  The proposed name  Concise description of reason(s) for the name change  A description of how the renaming request meets the criteria contained within this policy   If the proposed name recognizes a living or deceased person, the proposal must also contain the following:    Compelling evidence of the extraordinary contribution of the individual to the community  Date of the death, if applicable  Explanation of how renaming a park or feature would improve community awareness and historical perspective   Renaming a Park Outside of Public Process Typically such requests will need the individual support of the Mayor or a City Councilor in order for staff to be instructed by the City Council process the request. Such requests will generally need the same types of information as indicated above for renaming a feature.       7. NAMING APPROVAL PROCEDURES All naming requests and proposals shall be reviewed by the Parks and Open Space Division. Requests shall be reviewed by Parks and Open Space Division staff, who shall forward a recommendation to the Director, who may elect to accept or reject the request. The Director may elect to forward the naming request to the Eugene City Council for action if the request is judged to have a high level of controversy, or to change names with prior legal standing. The Director may decline to forward the request to the Eugene City Council for naming of subordinate areas or features within a park.   On receipt of a request from the City Council to consider renaming a park, staff will evaluate the information provided and return a recommendation to the City Council regarding the request. The Council would then make the decision. July 15, 2019, Public Hearing – Item 3       City of Eugene Application for Naming Facilities       The naming of facilities follows City of Eugene policy. The Eugene City Council has sole responsibility for establishing formal legal names for City‐owned facilities.   I/We     (Name of applicant) request that the name of   be considered for the (proposed name)   (current or functional facility name)   facility located at   (address or description of location)   Summary of recommendation (additional documents may be attached to this form) If proposed name recognizes a living or deceased person, please include the following:  Compelling evidence of the extraordinary contribution of the individual to the community  Date of the death, if applicable  Explanation of how renaming facility would improve community awareness and historical perspective                                             Person(s) submitting this proposal (please print):         Address:       Phone: Email:   Date submitted:     Submit to: City Manager’s Office, 777 Pearl Street, Room 105, Eugene, OR 97401 (541‐682‐5010) July 15, 2019, Public Hearing – Item 3