{"id":5040,"date":"2023-11-07T18:41:19","date_gmt":"2023-11-07T18:41:19","guid":{"rendered":"https:\/\/www.loveloparks.org\/?page_id=5040"},"modified":"2024-03-08T06:38:26","modified_gmt":"2024-03-08T06:38:26","slug":"waluga-park-west","status":"publish","type":"page","link":"https:\/\/www.loveloparks.org\/index.php\/causes\/waluga-park-west\/","title":{"rendered":"Save Waluga Park"},"content":{"rendered":"\n

Breaking<\/strong><\/font>: Circuit Court rules Chapter X’s purpose and limitations constitute land use regulations under ORS 197.015(11)<\/a><\/p>\n\n\n\n

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Waluga Park – West’s natural area is being illegally threatened for the gains of a private local developer (and the City)!<\/strong><\/p>\n\n\n\n

A private developer (the applicant) has a pending development application, LU 23-0002, seeking to establish 5 residential lots, connect to city sewer services, and remove 43 trees in the Lake Forest neighborhood. <\/p>\n\n\n\n

The City of Lake Oswego has directed the developer to connect to sewer services within the natural area of Waluga Park \u2013 West, a 22.8 acre city charter protected Nature Preserve. The natural area of Waluga Park \u2013 West would be severely impaired<\/em><\/strong> with significant damage to flora and fauna with the removal of 14 significant trees to construct a 17\u2032 wide by 525\u2032 long road to facilitate the trenching and installation of the sewer line.<\/p>\n\n\n\n

The Lake Forest (NA) has opposed LU 23-0002 citing the applicable City Charter and City Code. Their first opposing position succinctly invokes Chapter X’s development limitations, referencing the precise legal mandates imposed on the City. And, their second opposing position concisely enumerates the City hasn’t considered all available alternatives.<\/p>\n\n\n\n

The City has rejected Lake Forest NA\u2019s opposing position, as well as ignored comments from concerned residents, and provided tentative approval for LU 23-0002. In their staff report<\/a> (pages 10-13), the City falsely claims Chapter X doesn\u2019t have jurisdiction over City Code. Additionally, the City has the audacity to suggest Lake Oswego residents engage them in a costly court challenge to compel them to comply with the voters intent for Chapter X.<\/p>\n\n\n\n

The LoveLOParks Steering Committee is the architect and steward of Chapter X’s legal mandates and the executor of BOTH the citizen initiative petition 2020IN-1<\/a> and Measure 3-568<\/a>. After reviewing all details resulting in LU 23-0002, the LoveLOParks Steering Committee concurs with Lake Forest NA’s findings: this development violates the City Charter Chapter X as ratified by Lake Oswego voters on November 2, 2021<\/span>. <\/p>\n\n\n\n

The Lake Forest NA Board and LoveLOParks Steering Committee strongly urge all Lake Oswego residents to get involved and make your voices heard before its too late for Waluga Park \u2013 West. Together, we must defend the fundamentals of our democracy in governance by the people and uphold the rule of law.<\/p>\n\n\n\n

City Charter Primacy<\/h2>\n\n\n\n

The City Charter defines the governing system for granting authority or rights and creating limitations on city powers and functions. The City Charter implicitly retains superiority over City Code and ordinances; much the same way that federal law retains superiority over state law and state law retains superiority over city charters. City Charter changes are restricted to a vote of the people, thereby protecting the city’s governing system from tampering by the revolving door of politicians and city staff.<\/p>\n\n\n\n

Per the Oregon Supreme Court, “[T]he validity of local action depends, first, on whether it is authorized by the local charter or by a statute, or if taken by initiative, whether it qualifies as \u2018local, special (or) municipal legislation\u2019 under [A]rticle IV, section 1(5); second, on whether it contravenes state or federal law.\u201d La Grande\/Astoria v. PERB, 284 Or 173 (1978)<\/em>” Assuming that a local action is authorized by a city\u2019s charter, the courts will then ask whether the local action is \u201cincompatible\u201d with state law, either because the Legislature intended to preempt local lawmaking authority (i.e., \u201cexpress preemption\u201d) or because state and local law cannot operate concurrently (i.e., \u201cimplied preemption\u201d).<\/p>\n\n\n\n

Lake Oswego residents intentionally architected and placed Chapter X – Park Development Limitation in the City Charter and not City Code. This guarantees that the voters’ explicit will and intent is upheld to protect 15 natural areas from all development that is inconsistent with preserving them as natural areas.<\/p>\n\n\n\n

The City of Lake Oswego knew that citizen-initiated Measure 3-568 imposed strong legal mandates on the City to preserve these natural areas. This is precisely the reason they chose to compete against Measure 3-568 with a developer-friendly referendum that delegated authority to City Council. Voters recognized the City’s deceit and rejected their referendum.<\/p>\n\n\n\n

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The City of Lake Oswego must adhere to the rule of law by the powers and limitations it has been granted in the city charter and choose an alternative sewer connection option. Lake Oswego voters for Measure 3-568 and law abiding residents would agree, as well.<\/p>\n<\/div><\/div>\n\n\n\n

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Complete Timeline<\/h2>\n\n\n\n
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Since November 2, 2021, Mayor Joe Buck and City Council have failed their constituents by not asking one single question of City Manager Martha Bennett and City staff about any impacts Measure 3-568 or Measure 3-575 (both being voted upon that day) would have on LU 23-0002’s proposed sewer line through Waluga Park – West; And again on March 17, 2022, when they approved LU 23-0002 in the consent agenda without any comment about Chapter X. <\/p>\n\n\n\n

Sometime between January 11, 2023 and June 22, 2023, the communicated construction method, boring, was changed to trenching, thereby resulting in proposing the clearing of the natural habitat for a 17′ x 525′ construction corridor removing 14 trees and all the above ground natural habitat to install the sewer line through Waluga Park – West — an unlawful action per Chapter X. Did The Mayor and City Council know about this construction methodology change that is unlawful? And When?

The City Manager and City Attorney have willfully chosen NOT to recognize Chapter X – Park Development Limitation of the City Charter; a willful violation of the voters’ mandate to protect this Nature Preserve. <\/p>\n\n\n\n

As facts are uncovered, this timeline will continue filling in to bring clarity to who knew what and when:<\/p>\n\n\n\n

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Jump to:<\/strong>    2021<\/a>    2022<\/a>    2023<\/a>    2024<\/a><\/p>\n<\/div>\n<\/div>\n\n\n\n

2021<\/strong><\/p>\n\n\n\n

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Jun 15, 2021<\/strong>
Chapter X<\/p>\n<\/div>\n\n\n\n

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