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Agenda Item - 2021-06-15 - Number 7.3 - Natural Areas Preservation Charter Referendum 7.3 ,‘,A 4� COUNCIL REPORT �� o AEG% Subject: Proposed Natural Areas Preservation Charter Referendum Meeting Date: June 15, 2021 Staff Member: Martha Bennett Ivan Anderholm Report Date: June 9, 2021 Department: City Manager's Office Parks and Recreation Department Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution 0 Not Applicable ❑ Information Only Comments: If Council wants to refer a measure to 0 Council Direction protect the City's Natural Areas, staff recommends ❑ Consent Agenda the measure be reviewed by the Parks, Recreation and Natural Resources Advisory Board prior to referral. Staff Recommendation: Staff recommends that Council consider whether to refer a measure to the voters at the November 2021 election regarding enhanced Natural Areas protection. Recommended Language for Motion: Move to direct staff to prepare for the Council's consideration a measure for the November 2021 election to amend the City Charter to enhance protection of the City's natural areas, and that a special Council meeting be scheduled for July 27, 2021. Project/ Issue Relates To: Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) Not Applicable 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 BACKGROUND In 1978, the voters of the City of Lake Oswego passed an amendment to the City Charter to protect Springbrook Park. Chapter X1 of the Charter was adopted specifically to prevent the City from building ballfields or other athletic facilities (excluding the indoor tennis facility), parking lots, roads or trails for motorized vehicles in Springbrook Park. The Chapter also requires that any development must be consistent with preserving the park as a natural area for public enjoyment. In late 2019, a group of Lake Oswego residents organized in opposition to a proposal to build a communications tower for C800 public safety radio communications at the top of Cooks Butte. Although previously permitted, in fall 2019 the Emery family (heirs of the grantor of the Cooks Butte property) revoked their permission to allow the tower in the Park and the City Council cancelled the lease with C800. In November 2019, Scott and Joey Handley, on behalf of Love LO Parks, filed an initiative petition to amend Chapter X of the City Charter to: • Extend the protections of the Chapter to 14 additional City parks and natural areas in addition to Springbrook Park; • Prohibit additional types of development in these 15 parks and natural areas, including telecommunications facilities. The measure also prohibits commercial logging. • Prohibit any above-ground structure that would impair or be inconsistent with natural conditions. • Allow maintenance of the natural area and existing structures • Allow construction of soft surface trails, boardwalks over fragile habitats, picnic facilities, benches, interpretive displays, and restrooms. • Allow the City to implement any master plan adopted prior to the effective date of the new Chapter. The initiative petition was certified on December 12, 2019 for signature gathering. The petitioners have until December 12, 2021 to collect 4,380 signatures. As of June 4, 2021, the website for Love LO Parks notes that the petitioners need 41 additional signatures to qualify for the ballot. Once petitioners turn in the signatures: 1 Although Chapter X is titled "Park Development Limitation," it includes Section 46A, adopted by the voters in 1987, limiting the height of structures in residential zones in the City,with the exception of ballfield lights for schools. A more appropriate place for Section 46A is in Chapter XI "Miscellaneous Provisions."The Charter gives the City Recorder the authority to rearrange sections(Chapter II,Section 5.1.3). Because the initiative measure includes it as part of the proposed Chapter X,to avoid voter confusion, it will be left in Chapter X until after the measure election. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 3 • The City has 15 days to validate the signatures. Clackamas County elections will actually do that work, and they will determine whether there are 4,380 signatures from qualified voters within the City of Lake Oswego • If there are sufficient valid signatures, the measure will be "filed" at the next City Council meeting. At this time, the earliest meeting would be July 6, 2021. • The City Council has 30 days from that filing date to prepare a competing measure for referral to the voters at the same election. (ORS 250.325). • In this case, the measure must be filed with the Council by August 4, 2021, in order to be on the November 2, 2021 ballot. Council is normally in recess in August, so the measure would actually be filed before your second meeting in July (July 20, 2021) • City initiative elections can be held only on the third Tuesday in May or the first Tuesday after the first Monday in November. If this measure isn't filed with the City Council by the July 20 meeting, the next opportunity will be the May 17, 2022 ballot. DISCUSSION In reviewing the proposed language of the Love LO Parks measure, several people have noted that the measure could affect: • Certain restoration activities if only "maintenance" was allowed. • Restoration, renovation or replacement of existing facilities in these areas if only maintenance was allowed. In addition to parks-specific facilities, several of the City parks included in this measure include utility infrastructure, especially water storage. In the future, the City may need to refurbish or replace this infrastructure, and these projects may go beyond maintenance. • The ability of the City to provide access to people with mobility impairments, including compliance with the Americans with Disabilities Act, if hard surface trails were prohibited • The ability of the City to address parking needs at each natural area so that visitor parking doesn't spill out into the adjacent neighborhood. • The ability to develop, revise, adopt, and implement master plans for each of these natural areas. While many of these parks have existing master plans, as conditions change in the City (and with the climate), many of them will need to be updated, and the Love LO Parks amendment would lock in the master plans in 2021. If the Council agrees that Charter protections for the 15 parks and natural areas listed by the petitioners are appropriate, the City Council may consider referring a charter amendment to accomplish the same goal with some of the identified issues resolved. The Council could refer a charter amendment regardless of whether Love LO Parks qualifies their initiative for the ballot. Attachment A is a draft revised Chapter X of the Charter for Council to consider. Attachment B is a side-by-side comparison of that draft with the proposed Love LO Parks Measure. The major differences between the initiative measure and the attached draft are: 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 4 • Maintenance, stewardship and education activities are all allowed, not just maintenance • Trail construction could provide universal access through hard-surface trails where appropriate, including access for people in wheelchairs or mobility devices • Renovation and replacement of existing facilities are allowed in addition to maintenance, as long as the footprint of the facility is not expanded. • The City would be allowed to develop property-specific master plans for each of the 15 properties. Extensive public involvement would be required. Property-specific master plans could spell out other facilities that would be allowed, such as safety features, limited parking lots, or facilities that support restoration and public access. Similar to the Love LO Parks measure, the attached draft measure prohibits commercial logging, new roads, athletic facilities, and new telecommunications facilities. FISCAL IMPACT Unknown RECOMMENDATION As noted above, staff recommends the City Council consider whether to refer a revised Chapter X to the voters in November 2021. Should Council decide to do so, staff recommends the following next steps: 1. Ask the Parks, Recreation and Natural Resources Advisory Board to review the draft revised Charter Amendment (with any Council revisions) and take any public feedback. 2. Direct staff to gather public feedback on the draft measure. 3. Direct the City Attorney to develop the Caption, Question, Summary, and Explanatory Statement for the measure. 4. Schedule a special meeting on July 27 to consider referral of the measure, as amended after considering all feedback. ATTACHMENTS 1. Draft Revised Charter Amendment (June 8). 2. Side-by-side comparison. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 DRAFT TEXT FOR CHAPTER X: PRESERVATION OF NATURAL AREAS. THIS IS A WORKING DRAFT— DATE OF DRAFT—June 8, 2021 Summary: This measure would revise Chapter X of the Lake Oswego Charter and rename it "Preservation of Natural Areas". This section of the City's Charter would ensure that Springbrook Park; Cooks Butte; Woodmont Nature Park; Hallinan Woods; Stevens Meadow; Bryant Woods; Canal Acres; Cornell Natural Area, Glenmorrie Greenway, Kerr Open Space, Lamont Springs, River Run I and II, Southshore, and the natural areas of West Waluga, Iron Mountain and Freepons Parks are managed to protect water quality, wildlife habitat, aesthetic values, and ecological function and to allow trails. Athletic Facilities, new public roads, and telecommunications facilities are prohibited in Natural Areas. Restoration, stewardship, trails, and maintenance and renovation of existing facilities and structures are allowed. Other activities are only allowed after public involvement and adoption of a Master Plan. This section would replace the existing "Chapter X- Park Development Limitations," which applies only to Springbrook Park. Chapter 1 - LAKE OSWEGO CHARTER CHAPTER X. PRESERVATION OF NATURAL AREAS Section 41. Purpose. The purpose of this Chapter is to preserve, protect, restore and maintain the scenic and aesthetic qualities, ecological functions, water quality and wildlife habitat of Natural Areas that are owned by the City of Lake Oswego while also allowing for their use and enjoyment. Section 42. Definitions. As used in this Chapter: Athletic Facility means any area, field, or building that is graded, leveled, constructed, or equipped for use in sports or athletics. Fields for baseball, soccer, or football and tennis courts are examples of Athletic Facilities. Commercial Logging: Removal of trees for the purpose of selling timber or wood. Selective cutting to advance the overall health of the forest and promote ecosystem restoration is permitted. Natural Area means the following park properties owned by the City of Lake Oswego that are currently known as Springbrook Park; Cooks Butte; Woodmont Nature Park; Hallinan Woods; Stevens Meadow; Bryant Woods; Canal Acres; Cornell Natural Area, Glenmorrie Greenway, Kerr Open Space, Lamont Springs, River Run I and II, Southshore, and the natural areas of West Waluga, Iron Mountain and Freepons Parks. [Alternative: No later than 60 days after ratification of this Charter Amendment, the City Council shall hold a public hearing and adopt by ordinance a map of the Natural Areas of each of these park properties. (Note: text to be further refined if Council elects to pursue this alternative.)] 1 DRAFT TEXT FOR CHAPTER X: PRESERVATION OF NATURAL AREAS. THIS IS A WORKING DRAFT— DATE OF DRAFT—June 8, 2021 [Alternative: The City Council could list the specific parks, their general acreages, and their general location as in the initiative measure.] Public Street and Road is defined as a public road, street, highway or other public way constructed or used for vehicular travel. Springbrook Park means the park land owned by the City of Lake Oswego which is commonly referred to as "Springbrook Park" (52 acres, more or less, to the South of Country Club Road, to the West and North of Wembley Park Road, and to the East of Boones Ferry Road). The term "Springbrook Park" does not include the City of Lake Oswego existing indoor tennis facility and adjoining parking lot. Telecommunications Facility means any building, antenna, tower, mast, pole or structure that is used for radio, cellular, broadband, or telephone communication. This includes any communications equipment attached to other structures such as street lights or buildings. Section 43. Limitations on Development. The City of Lake Oswego shall manage the Natural Areas to preserve and enhance the biological, hydrological, ecological and environmental functions and promote a healthy ecosystem. The City shall also manage Natural Areas in a way that protects their scenic and aesthetic qualities and provides access to nature for the public, consistent with their environmental values and ecological function. The following facilities and activities are prohibited in Natural Areas: construction of new Athletic Facilities, Commercial Logging, construction of new Public Streets and Roads, and construction or installation of new Telecommunication Facilities. The following activities are allowed: 1. Maintenance, stewardship and education activities that promote ecological restoration and enhancement, eliminate invasive species, restore native species, and mitigate fire hazards. This includes thinning and removal of hazard trees and removal of non-native nuisance and invasive species of plants. 2. Maintenance and renovation of trails for walking, hiking, wheelchairs and mobility devices, horseback riding, and non-motorized bicycle travel to allow public enjoyment of the Natural Areas. Trail construction should be appropriate for the natural conditions of the natural area and the anticipated use of the trail. Construction of new trails for the above purposes is allowed after an environmental assessment by the Lake Oswego Parks and Recreation Department, and review by the Parks, Recreation and Natural Resources Advisory Board (or any successor board). 3. Construction, maintenance, renovation and replacement of picnic and sanitary facilities, boardwalks, benches and interpretive displays, where appropriate. 2 DRAFT TEXT FOR CHAPTER X: PRESERVATION OF NATURAL AREAS. THIS IS A WORKING DRAFT— DATE OF DRAFT—June 8, 2021 4. Maintenance, renovation, or replacement any existing facility or structure not specifically listed in 2 or 3 above, including any existing telecommunications equipment used to manage the City's utility infrastructure, and any existing road for motorized vehicles constructed before January 1, 2022 as long as the footprint of the facility, equipment, structure, street or road for motorized vehicles does not increase. [Note: text to be further refined.] 5. The City of Lake Oswego shall be allowed to implement (or allow any person to implement) a park master plan for a Natural Area that was adopted before January 1, 2022. Other uses and facilities related to restoration and access to Natural Areas are allowed only after the City Council adopts, by ordinance, a property-specific master plan for a Natural Area. The property-specific master plan must spell out proposed and facilities and must include findings that these proposed uses and facilities are consistent with preserving the environmental qualities and ecological function of the Natural Area, while also providing public access and enjoyment. The City must involve the public in development of any property-specific master plan. This public involvement process must include written notice to all the City's recognized Neighborhood Associations, and written notice to property owners within 300 feet of the Natural Area as listed on the most recent property tax assessment roll, including an opportunity to offer input to the City's Parks, Recreation, & Natural Areas Board (or any successor board), and an opportunity to present testimony at a formal public hearing. Section 44. Severability. If a court should hold invalid or unconstitutional any clause or part of this Chapter, that holding shall not affect the remaining parts of this Chapter which are not held invalid or unconstitutional. Section 45. Application to Other Natural Areas. The City Council may designate additional City-owned properties, or portions of properties, as subject to this Chapter by ordinance. Section 46. Accessibility Regulations. With regard to the design or materials for used facilities otherwise allowed by this Chapter, if there is a conflict between any provision of this Chapter and the requirements of the Americans with Disabilities Act, or any other applicable federal, state or local regulations relating to accessibility for people with disabilities, the requirements of those regulations will prevail. 3 ATTACHMENT 2 Side-By-Side Comparison—Working Draft of City Measure compared to Love LO Parks—June 8, 2021 Provision Initial City Measure—WORKING DRAFT ONLY Love LO Parks Measure Parks Covered Springbrook Park; Cooks Butte Park; Iron Mountain Park; Includes all of these parks except for Freepons. Woodmont Nature Park; Hallinan Woods; Stevens Meadow; Bryant Woods; Canal Acres; Cornell Natural Area, Glenmorrie Greenway, Kerr Open Space, Lamont Springs, River Run I and II, Southshore, and the natural areas of West Waluga Park and Freepons Park Alternatives: 1 Defines the parks covered, similar to the Defines the acreage of each park Love LO Parks Measure; or 2. Requires the Council to adopt a map, 60 days after the election, identifying the Natural Areas that are covered. Definitions Defines Natural Area as including the listed properties or, Defines Nature Preserve as parks or open spaces that are in alternative 2, as including those areas identified by the managed or maintained to retain their natural condition Council in an ordinance following the election. and prevent habitat degradation. States that the preserves that are initially subject to the proposed Charter limitations are the listed park properties. Prohibits Provides that Natural Areas must be managed to preserve Provides that all development must be consistent with and enhance biological, hydrological, ecological and preservation of Nature Preserves as natural areas environmental functions,to protect scenic and aesthetic available for public enjoyment. Specifically prohibits: qualities, and also to provide public access and • Athletic facilities enjoyment. Specifically prohibits: • Telecommunications facilities • New Athletic Facilities • Parking lots • Commercial Logging • Roads or trails for motorized vehicles • New Public Streets and Roads • Commercial logging • New Telecommunication Facilities • Concrete or asphalt trails • Construction of any facility or structure above ground that would impair or be inconsistent with the natural conditions Allows • Maintenance, stewardship and education activities • Maintenance for the purpose of ecological restoration, that promote ecological restoration and enhancement, safe public access, healthy habitat, eliminates invasive eliminate invasive species, restore native species, and species, restores native species, and mitigates fire mitigate fire hazards.This includes thinning and hazards. removal of hazard trees and removal of non-native • Soft-surface trails for hiking,jogging, horseback and nuisance and invasive plants. bicycle riding. • Construction, maintenance, renovation and • Benches and interpretive displays replacement of trails for walking, hiking, wheelchairs • Picnic and sanitary facilities and mobility devices, horseback riding, and non- • Boardwalks. motorized bicycle travel to allow public enjoyment of • Maintenance of any existing facility, structure, parking the Natural Areas lot, road, or trail, so long as it is not altered in a way • Construction, maintenance, renovation and that would further impair or be inconsistent with the replacement of picnic, sanitary facilities, boardwalks, natural conditions benches and interpretive displays • Implementation of any parks master plan adopted • Maintenance, renovation, or replacement any existing before this charter amendment is ratified. facility or structure, so long as the footprint does not increase • Implementation of a park master plan for a Natural Area that was adopted before January 1, 2022 Special Allowance May allow other development such as lighting or parking Any property-specific changes in the future not lots only after the City adopts a property-specific master specifically allowed in the measure require voter plan. Property-specific master plans require extensive approval, i.e. a Charter amendment. public involvement.Adoption of the plan requires findings that proposed uses are consistent with preserving ecological functions while also providing public access and enjoyment. Americans with States that if any provision is in conflict with the ADA or Silent on disability access regulations Disabilities Act other disability access regulations,the City should follow the access regulations Max Height in Keeps existing limits Keeps existing limits Residential areas [May be moved to Chapter XI after measure election, as [May be moved to Chapter XI after measure election, as this section is not related to Park Development Limitation this section is not related to Park Development Limitation sections in Chapter X] sections in Chapter X]