As the Lake Oswego community celebrates Earth Day, we also celebrate the passage of the voter-ratified city charter land use regulations that ensure all development within 15 nature preserves is consistent with preserving them as natural areas available for public enjoyment. Chapter X protects nature preserves by moving authority for all development not explicitly allowed into the custody of voters. Simply put: The City of Lake Oswego must seek voter approval. We are not alone: West Linn, Tualatin and Oregon City also have charter-protected parks.<\/p>\n\n\n\n
Since Chapter X\u2019s enactment on Nov. 2, 2021, City Council has willfully done nothing to direct city staff to implement policy that ensures city compliance with Chapter X\u2019s land use regulations. Since their referendum loss tantrum and threat of another referendum, council\u2019s been resoundingly silent. Recently, they ignored public comments requesting Chapter X discussion at this year\u2019s annual goals retreat. It\u2019s no wonder city staff continue to ignore Chapter X, exasperating public distrust.<\/p>\n\n\n\n
Several months ago, our community learned that city staff required a private developer to route a sewer line through the charter-protected Waluga Park-West Nature Preserve \u2014 even though viable alternatives exist. Throughout the land use process, city staff pushed questionable legal opinions in an attempt to disenfranchise citizens\u2019 input and subvert Chapter X while brazenly suggesting citizens engage the city in costly litigation. Last month, the Clackamas County Circuit Court overruled one of the city\u2019s overarching opinions in this matter and affirmed that Chapter X is indeed a land use regulation. Waluga\u2019s fate is yet to be determined.<\/p>\n\n\n\n
In the last several days, our community learned that Clackamas County\u2019s Stafford Road Improvements Project has completed its design phase and requires land from the charter-protected Stevens Meadow Nature Preserve. Clackamas County has been involved with city staff for years, yet the public, and apparently City Council, have been in the dark. Chapter X specifically prohibits road construction. Furthermore, deed restrictions imposed by the Stevens family also prohibit such activity.<\/p>\n\n\n\n
How did this important safety project reach this milestone? Certainly, city staff had an obligation to influence Clackamas County to avoid Stevens Meadow. Furthermore, city staff had an obligation to inform council and the public well before it reached this stage. Preservation and safety can co-exist simultaneously; engineers develop solutions all the time that address such constraints. Is the city playing gamesmanship?<\/p>\n\n\n\n
At last week\u2019s City Council meeting, the mayor should be commended for publicly acknowledging Chapter X\u2019s importance to our community: that it prohibits selling any portion of a nature preserve and defended it when speaking with the county\u2019s design team. He should also be commended for asking critical questions of them and why this is just coming to light. But, neither the mayor nor councilors asked who knew on city staff and when did they know it. Both entities share responsibility. Until that is acknowledged, the mayor\u2019s words are simply that \u2014 words with no opportunity for improvement.<\/p>\n\n\n\n
Councilors\u2019 rebuke of citizens who expressed concerns and grievances with the city\u2019s continued assault on charter-protected nature preserves further erodes trust. Citizens\u2019 comments were critical and factual; they did not disparage councilors as a few would lead the public to believe. Councilors playing victim is tone-deaf and playing politics. Our community expects council to listen, even when the message is critical toward our city, and take action to address issues in an effort to do better. Chapter X wasn\u2019t ratified by a fringe group of activists; they are the majority and should be able to trust their city to comply without constant citizen oversight. It\u2019s doing the right thing when no one is watching.<\/p>\n\n\n\n
The coming days will shed light on whether the mayor and councilors\u2019 words become action to do better, listen more closely and start rebuilding trust through policy exemplifying Chapter X\u2019s importance to our community. Failure to acknowledge our community\u2019s concerns will only deepen the wedge of mistrust.<\/p>\n\n\n\n
April 24, 2024
With Scott Handleys’s permission, we have reproduced his Citizen Comment for your convenience and for those who don’t subscribe to the LO Review<\/em>. Read his letter in the LO Review here: <\/em><\/p>\n\n\n\n
Online<\/p>\n\n\n\n