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HomeMy WebLinkAboutAdmin Order 58-01-03-F ADMINISTRATIVE ORDER NO. 58-01-03-F of the City Manager of the City of Eugene, Oregon AMENDMENT OF POLICY AND PROCEDURES REGULATING VEHICLE PARKING OFF IMPROVED SURFACES IN PARKS; RATIFYING THE UNAMENDED PORTIONS OF THE POLICIES AND PROCEDURES AND REPEALING ADMINISTRATIVE ORDER NO. 58-95-09-F. The City Manager of the City of Eugene finds that: A. Under the provisions of Sections 2.019 and 5.040 of the Eugene Code, 1971, the City Manager has authority to adopt rules necessary for enforcement of provisions of the Eugene Code, 1971, including regulating the use of City parkland. B. In accordance with the procedures set forth above, on February 7, 2001, the City Manager issued Administrative Order No. 58-01-03, proposing to amend the policies and procedures regulating vehicle parking off improved surfaces in parks previously established by Administrative Order No. 58-95-09-F. The amendments would allow the City Manager to negotiate a different percentage of net revenue to be paid to the City by the promoter of events for parking fees under Section 3.6 of the policies and procedures, and would increase the monthly limit on the number of events requiring parking off improved surfaces of parklands to no more than four events under Section 4 of the policies and procedures. C. Notice of the proposed amendment was given by making copies available to any person who had requested such notice and by publication in the Register-Guard, a newspaper of general circulation within the City, for five consecutive days, to wit: February 13, 14, 15, 16 and 17, 2001. D. The Notice provided that written comments would be received for a period of 15 days of the date of the first publication. Five comments were received to which I make the following specific findings: Comment 1: The Friends of Rasor Park oppose allowing more frequent parking off improved surfaces due to concerns about soil compaction and damage to vegetation and subsequent impacts to water quality and fish populations. Findings: The intent of the policy to allow vehicle parking off improved surfaces in parks is to minimize the construction of paved parking areas that are necessary only for limited duration special events. The additional frequency of parking is not anticipated to Administrative Order - 1 c:\ WINDOWS\TEMP\O IParking01f.2ao.wpd significantly increase the level of soil compaction, and measures are required to protect vegetation. The City of Eugene will continue to evaluate land management policies and procedures to ensure compliance with the ESA pertaining to salmon habitat. No change to the Policy and Procedures Regulating Vehicle Parking Off Improved Surfaces in Parks (the "Policy and Procedures") is being made as a result of this comment. Comment 2: The Friends of Rasor Park are concerned about the vague language relating to the City Manager's discretion to set fees for parking on park lands, and support language to allow the City to maximize the revenues received from such parking. Findings: I concur with this recommendation. The policy should allow the City Manager discretion to set fees based on the outcome providing the greatest public benefit. Such flexibility will allow the fees to be based on the type of event and the level of potential impacts to park resources. Section 3.6 of the Policy and Procedures was therefore being amended to indicate that there will be no maximum limit to the amount charged for parking off improved surfaces. Comment 3: The Friends of Rasor Park recommend that the City phase out parking on unimproved surfaces within 2 to 3 years. Findings: Again, the intent of the policy to allow vehicle parking off improved surfaces in parks is to minimize the construction of paved parking areas that are necessary only for limited duration special events. The City feels strongly that the type of special events utilizing this policy, including such events as the Maude Kerns Art and the Vineyard Festival, the Obon Festival, and Cuthbert Amphitheater performances, are of a very high value to the community. The City will continue to monitor the impacts of this policy on park resources and to make any necessary adjustments. No change to the Policy and Procedures is being made as a result of this comment. Comment 4: The Friends of Rasor Park request that the City strengthen the monitoring and enforcement of requirements for parking on unimproved surfaces. Findings: The City feels that new measures put into place will strengthen the monitoring and enforcement of requirements. The City will annually evaluate the success of monitoring and any necessary enforcement activities and modify as necessary. No change to the Policy and Procedures is being made as a result of this comment. Comment 5: The Friends of Rasor Park suggest that the City dedicate at least a portion of revenues from such parking for monitoring, enforcement and restoration. Findings: The City intends to dedicate all funds from such parking to a special revenue fund to support priority park maintenance and development proj ects at Alton Baker Park. No change to the Policy and Procedures is being made as a result of this comment. Administrative Order - 2 c:\ WINDOWS\ TEMP\O IParkingO:ff.2ao. wpd Based upon the above findings which are hereby adopted, I order that: Section 3.6 and Section 4 of the Policy and Procedures Regulating Vehicle Parking Off Improved Surfaces in Parks established by Administrative Order No. 58-95-09-F are amended, the unamended portions of the policies and procedures are ratified and Administrative Order No. 58-95- 09-F is repealed, as of the effective date of this order, as follows: POLICY AND PROCEDURES REGULATING VEHICLE PARKING OFF IMPROVED SURFACES IN PARKS 1. Policy. This rule and the procedures set forth herein shall apply to large events likely to require temporary (no more than three consecutive days) overflow parking of more than 200 vehicles off improved surfaces of park lands. In the event of a conflict between these procedures and other adopted City policies or rules, including Park Rules, the procedures set forth herein shall prevail. The policies and procedures established herein shall be administered by the City's Parks Operation Manager. 2. Application. A promoter of a large event likely to result in more than 200 vehicles being parked off improved surfaces of parks shall submit an application to the Public Works Department requesting development of a parking plan. The application shall indicate the estimated number of vehicles and bicycles, and the area for which parking is requested. 3. Permit. Upon review of the application, the Public Works Department may issue a permit to the promoter providing: 3.1 The permit will not violate Section 4 of this rule; 3.2 The promoter agrees to designate and rope off the areas where the Public Works Department has indicated parking will be permitted; 3.3 The promoter agrees to rope off areas with sensitive vegetation and tree drip lines in a manner that prohibits parking and agrees to monitor the roped off areas to ensure no vehicles are parking in the area; 3.4 The promoter's plan for promotion of alternate modes of transportation to the event provides for appropriate bicycle parking facilities and has been submitted to, and approved by, the Public Works Department; 3.5 The promoter agrees to provide adequate debris disposal facilities in areas used for parking, to provide clean-up of the area and to accept liability for any damage to the area; and Administrative Order - 3 c:\ WINDOWS\ TEMP\O 1 Parking01f.2ao. wpd 3.6 The promoter agrees to charge a reasonable parking fee of not less than $3.00 per day for all event parking, including the parking spaces in the areas off improved surfaces, and to pay 75% of the net revenue generated therefrom to the City, unless the City Manager has negotiated a different percentage of net revenue to be paid to the City by the promoter. 4. Limitation. Large events requiring parking off improved surfaces of parklands pursuant to this rule shall be limited to no more than four such events per month for any single park site, and no more than ten such events per year for any single park site. Permits for events shall be allowed on a first come, first serve basis. Such events shall also be limited to times and locations where parking off improved surfaces is not likely to cause damage due to the wetness of the ground. 5. Waiver. The requirement to charge and/or pay the parking fee required under Subsection 3.6 above to the City may be waived by the City's Parks Operation Manager for those events that are scheduled for a duration of one day only, providing the promoter is in compliance with other provisions of this rule. Dated and effective this ;".s day of March, 2001. KJ::;;~~ City Manager Administrative Order - 4 c:\ WINDOWS\TEMP\O IParking01f.2ao. wpd