Loading...
Agenda Item - 2021-07-06 - Number 8.1 - Verification and Filing of Initiative Measure 2020IN-1 8.1 COUNCIL REPORT ___ o QREGoNI' Subject: Verification and Filing of Initiative Petition 20201N-1 with the City Council Meeting Date: July 6, 2021 Staff Member: Kari Linder, City Recorder I Elections Officer Report Date: June 24, 2021 Department: City Manager's Office Action Required Advisory Board/Commission Recommendation ❑ Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑ Not Applicable ❑X Information Only Comments: ❑ Council Direction ❑ Consent Agenda Staff Recommendation: NA Recommended Language for Motion: NA Project/ Issue Relates To: Natural Areas Preservation Charter Referendum Issue before Council (Highlight Policy Question): ❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable ISSUE BEFORE COUNCIL EXECUTIVE SUMMARY On November 14, 2019 Palisades resident Scott Handley submitted a Prospective Petition for an initiative measure (20201N-1) to amend the Lake Oswego Charter. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city Page 2 BACKGROUND Then City Recorder Anne-Marie Simpson determined that the proposed text complied with Section 1(2)(d) and (5), Article IV of the Oregon Constitution. Then City Attorney David Powell drafted and filed a ballot title (caption, question, and summary). Following publication and expiration of the time for challenge of the ballot title, 20201N-1 was approved for circulation. Pursuant to ORS 250.265, the "gathering of signatures on a petition to initiate a city measure may not exceed a period of two years from the time the petition is approved for circulation." The City Recorder advised Mr. Handley that the 2020IN-1 was approved for circulation on December 12, 2019 (Amended Approval to Circulate Petition). 4,365 signatures must be submitted and verified at least 90 days before the election, to wit: by August 4 for the November 2, 2021 election. DISCUSSION I received the Initiative Measure Petition 2020IN-1 signatures and submitted them to the Clackamas County Clerk for a determination on the number of valid signatures submitted. On June 23, 2021 the Clackamas County Clerk certified that 4,433 valid signatures were submitted. (Attachment 1) Accordingly, I certify that sufficient signatures have been submitted for 2020IN-1 to be submitted to the voters of the City of Lake Oswego at the next general election on,Tuesday, November 2, 2021. I am officially filing the measure as proposed with the City Council at its next meeting (July 6) after the petition has qualified for the ballot. (Attachment 2) ATTACHMENTS 1. Clackamas County Clerk Signature Verification Report. 2. Prospective Petition Initiative Measure (form 370). 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 /- Ems v o � OREGO‘-‘ DETERMINATION OF QUALIFICATION FOR BALLOT This is to confirm that I have determined and verified that the Prospective Petition for a Local Initiative that was filed with the City of Lake Oswego on November 14, 2019 by Scott Handley (2020lN-1), has met the required signature count to be placed on the November 2021 ballot. DATED this 28th day of June, 2021 Vait. • l Kari Linder City of Lake Oswego Elections Officer I City Recorder County: CLACKAMAS Petition Processing Statistics Report Date : 6/23/2021 9:57:21 AM User Name : Clark,Tiffany Number :Lake Oswego 2020IN-1 Title :Lake Oswego Park Initiative Petition Information Petition Name : Lake Oswego Park Initiative Petition Date : 12/12/2019 Date Filed : 12/12/2019 End Circulation Date : Minimum Signatures Required : 4365 Accepted Of Minimum : ( 101.56% ) Total Signatures Processed : 4696 Processing Summary Sample: All Total Accepted Signatures : 4433 (94% ) Of Those Processed Total Rejected Signatures : 263 (6% ) Of Those Processed Accepted Reason Total (% Rejected) Valid Signature 4433 (100%) Rejected Reason Total (% Rejected) Out of City 124 (47.1%) Not in Sample 3 (1.1%) Not Registered 32 (12.1%) Rejected - Duplicate 20 (7.6%) Not Registered Canceled 1 (.3%) Signatures Do Not Match 55 (20.9%) Illegible Signer Information 4 (1.5%) Inactive Other or Reason Not Known 13 (4.9%) Underage - not eligible to sign petitions 2 (.7%) Signed Before Date Registered to Vote (Too Late) 9 (3.4%) CA CL4c % CF -114EORIGINAL •= ye!) COPY CLERK •.. HALL t n BY: 'it OFas` '. Oregon Centralized Voter Registration Page : 1 June 21, 2021 To: Rebekah Doll, Elections Manager Kari Linder Clackamas County- Elections Officer Lake Oswego - City Recorder 1710 Red Soils Court 380 A Ave. Suite 100 Lake Oswego, OR 97034 Oregon City, OR 97045 RE: Citizen Initiative Petition 20201N-1 (Sheets#3748 -3823) Dear Ms. Doll and Ms. Linder, Enclosed, please find additional circulator and e-sheet petition forms for citizen initiative 20201N-1 received since submitting our original batch on June 9, 2021. Sheet numbering continues where the original batch ended (#3748 -3823). I look forward to your confirmation these qualifying signatures for our citizen initiative's petition and working with you on the next steps in this process. If you have any questions, please don't hesitate to call me at 408-313-7881. Eie,yregards, lei 11*(44 Scott Handley Chief Petitioner- 2020IN-1 RECEIVED JUN 2 1 2021 CITY OF LAKE OSWEGO r‘G�rGI v�4� ''n Petition Submission N 21 !/'i SEL 339 J U rev.01/18 Initiative, Referendum, Recall, Political Party Formation 1 OAR 165-010-0005,165-014-0005 ->This form must be completed and filed with any submission of signatures. CITY OF LAKE OSWEGO ->Each submission of signature sheets must be mailed or personally delivered by at least one chief petitioner,the chief sponsor or an authorized agent. 4 When the submission completes the petition all chief petitioners must sign the same form. 4 State Initiative Petition Only one chief petitioner or authorized agent is required to sign this form for a sponsorship or monthly submission. Filing Officer ❑State ❑County For both county and district petitions. ® City Type of Petition Initiative ❑Referendum ❑Recall ❑Political Party Formation Petition Information Petition Title or Number 20201N-1 Type of Filing Number of Signatures Submitted ❑Sponsorship Submission State Initiative Petition ❑ Monthly Submission State Initiative Petition ❑Other Submission State Initiative Petition El Completed Petition Submission 12. 4 (2-4D Soi33miTYAL To MAKE u? 37 DEF Authorized Agent Certification An authorized agent is prohibited from completing the petition. 4 By signing this document,I hereby state that all information on the form is true and correct to the best of my knowledge.While the petition sheets were circulated,the text of the petition was incorporated or attached as required by OAR 165-014-0030(9)Ca). Name Contact Phone Email Address Signature Date Signed Chief Petitioner or Chief Sponsor Certification To complete a petition all chief petitioners must sign the same form. 4 By signing this document,I hereby state that all information on the form is true and correct to the best of my knowledge and if marked completed petition I understand the petition cannot be withdrawn and request that the appropriate elections official conduct signature verification. Additionally if the petition is an initiative or referendum I attest that no circulators were compensated money or other valuable consideration based on the number of signatures obtained by the circulator While the petition sheets were circulated,the text of the petition was incorporated or attached as required by OAR 165-014-0030(9)(a). Name Contact Phone Email Address Scott Handley (408) 313-7881 scott@loveloparks.org Sign a Date Signed. V2-1 (2.oZi Name Contact Phone Email Address Joey Handley (408) 828-4919 joey©loveloparks.org Sign f DateiSignyed calf, Name Contact Phone Email Address Signature Date Signed O4 C) .00 � CITY MANAGER'S OFFICE . GREGoC� **Amended Approval to Circulate Petition December 12, 2019 Mr. Scott Handley Ms.Joey Handley 18360 Delenka Lane Lake Oswego, OR 97034 Dear Mr. and Ms. Handley: I have reviewed your submitted initiative petition paperwork, 2020IN-1,turned in on December 12, 2019 as to meeting the requirements to collect signatures, and have found it to be in order. Additionally, I have verified that you have filed a Statement of Organization with the State Elections Division.This letter serves as your approval to circulate your petition for signature. Please use only the approved forms during signature collection and number them prior to submission. I had initially informed you that you were required to collect a minimum of 4,380 signatures by December 12, 2021.That number is incorrect.The number is calculated by using the number of registered voters on the date you filed your prospective petition with me,which was November 14,2019.The deadline remains the same, but only 4,365 signatures must be collected. If you have questions, please don't hesitate to contact me. Sincerely, amivit:T VUA4-e- &44t4PS'av--- Anne-Marie Simpson City Elections Officer Tel 503.635.0215 380 A Avenue PO Box 369 Lake Oswego, OR 97034 www.ci.oswego.or.us RECEIVED •q•Du"A' 20201 N �1 Prospective Petition, ATTACHMENT 2 SEL 370 Local Initiative and Referendum NOV 1 ,4 2019 .165,ev 25O218 65255.13, 250.165,250.265,255.135 0 Warning Supplying false information on this form may result in conviction of a felony with a fine of up to$125,000 and/or prison for up to 5 years. Each chief petitioner is required to provide,on the same form,eisl th@fe tt: r 5,a contact phone number and a signature attesting that the information on the form is true and correct.Changes to the information provided for a chief petitioner or to the circulator pay status below must be reported to the Elections Division no later than the 10th day after you first have knowledge or should have had knowledge of the change. Petition Information Type This filing is an ®Original ❑Amendment ®Initiative ❑Referendum Jurisdiction Some Circulators may be Paid ❑County Q City ❑District ❑Yes it No Title Subject or name you give your petition. Protect Lake Oswego's natural parks for the enjoyment of all residents, visitors & future generations Website if applicable https://www.loveloparks.org Petition Correspondence Select the method of receiving notices or other correspondence from the Filing Officer. IN Correspondence Recipient ❑Email Chief Petitioners ❑Mail Chief Petitioners Recipient Information Name I Email Address Scott Handley scott@loveloparks.org Chief Petitioner Information At least one original chief petitioner must remain throughout the petition process or the petition is void. -3 By signing this document,I hereby state that all information on the form is true and correct and attest that no circulators will be compensated money or other valuable consideration on this petition based on the number of signatures obtained by the circulator. Name I Contact Phone Scott Handley (408) 313-7881 Residence Address street,city,state,zip 18360 Delenka Lane, Lake Oswego, OR 97034 Mailing Address if different I Email Address SCOtt@loveloparks.org Sign re , I Date Signed efdi 'i7t 11/13/2019 Name I Contact Phone Joey Handley (408) 828-4919 Residence Address street,city,state,zip 18360 Delenka Lane, Lake Oswego, OR 97034 Mailing Address if different I Email Address joey@loveloparks.org Signature I Date Signed ` 4/ 7 2ZG 6 11/13/2019 Name I Contact Phone Residence Address street,city,state,zip Mailing Address if different I Email Address Signature I Date Signed Prospective Petition ° Protect Lake Oswego's natural parks for the enjoyment of all residents, visitors &future generations [Attachment] This initiative repeals and replaces "Chapter X - Park Development Limitations" in Lake Oswego's City Charter, Chapter 1, with expanded limitations for fifteen natural parks, including Springbrook Park, and recommits the Lake Oswego community to protecting these natural areas with development limited to only that necessary for the enjoyment of these open spaces. Chapter 1 - LAKE OSWEGO CHARTER CHAPTER X. PARK DEVELOPMENT LIMITATION Section 41. Purpose. The purpose of this Chapter is to preserve be designated as subject to this Chapter) all designated Nature Preserves that are owned by the Cit of Lake Oswego inclusive of the fifteen natural •arks specified in this Chaster as natural areas for the enjoyment of all residents of and visitors to Lake Oswego. This Chapter shall be interpreted liberal]to achieve this purpose. (Amended November 7, 1978.) Section 42. Definitions. As used in this Chapter: Athletic Facility means any area, field, or building which is graded, leveled, constructed, or equipped for use in sports or athletics. Fields for baseball, soccer, or football and courts of tennis are examples of Athletic Facilities. Telecommunications Facility means any area, field, or building which is Laded,_ __v_eled, l constructed, or equipped for use in telecommunications or broadband communication. Antennas. C liul.r Tow-rs R.dio IViists an. Towrs, S.t-Iiite Dishes. .n. Emeraency Communications Systems are examples of Telecommunications Facilities. This includes Telecommunications Facilities for both public or Drivate use. Brvant Woods Park means the .ark land owned b the City .f L.ke Oswea. which is commonly referred to as "Br(ant Woods Park" (19 7 acres, more or less, to the North of Childs Road located at the corner of Childs Road and Canal Road at 4301 Childs Road). C.n.I Acres men the D.rk land *wn,s1lbv th City of L.k- O.we•o which is commonly referred to "C.n.l Acres" (27. .cres, m.re or le_ , to th- South of Childs Read. to the W-st of Canal Road and to the East of Sycamore Avenue located at 19300 Canal RoadL Cooks B tte Park means the ark land owns. . the Cit of Lake O we.o which is common! referred to as "Cooks Butte Park" (43 acres, more or less, located at 2100 Palisades Crest Drive). Cornell Natural Area means the park land owned by the City of Lake Oswego which is ommoniv r rred to .s "C.rnll N.tur.l Area" (3.2 r-s, mor- or less_ to the East of Cornell Street to the South of Larch Street, located at 16920 Cornell Street Page 1 of 4 Prospective Petition : Protect Lake Oswego's natural parks for the enjoyment of all residents, visitors &future generations Glennmorrie Greenway means the park land owned by the City of Lake Oswego which is common) Ie erred to a� Glen1IIIIVII�e Greg Iwa 1 I.J acres, more or less._ .-.he East- of Pacific Hwy, to the North of Glennmorrie Terrace, located at 16540 Pacific Hwyl Hallinan Woods means the •ark land owned by the City of Lake Oswego which is common) referred to as "Hallinan Woods" (3.8 acres, more or less, located at 1103 O•rien Street . Iron Mountain Park means the park land owned by the City of Lake Oswego which is commonly_referred to as "Iron Mountain Park" ( 1 cres, more or less to the North of Iron Mountain Blvd, located at 2401 Iron Mountain Blvd). Kerr Open Space means the park land owned by the City of Lake Oswe o which is commonly referred to .s "Kerr Open S•ace" 10 .cres m•re dr less, to the S. th of SW St-venson Str--t. to East of Grouse Terrace, to the North of Walking Woods Drive, to the West of Icarus Loopy Lamont SDrina Natural Area means the •.rk land owned b the of Lake Oswego which is commonly referred to as "Lamont S rriings Natural Area" (0 5 acres, more ore less, to the South of Lakeview Blvd, and to the East of Bryant Road, at the corner of Lakeview Blvd and Bryant Road, located at 4600 Lakeview Drive). River Run means the park land comprised of two parcels (River Run East and River Run West), Awned by the City of Lake Oswego which is commonly referred to as "River Run" (10.8 acres, more or less, to the East of Canal Road, to the North of the Tualatin River, located at 19690 River Run Drive and 3770 Rivers Edge Drive). Southshore Natural Area means the park land owned by the City of Lake Oswego which is commonly referred to as "Southshore Natural Area" (9 2 acres, more or less, located at 1201 South Shore Blvd). 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. Stevens Meadows means the two park lands owned by the City of Lake Oswego which is commonly referred to as "Stevens Meadows" and the "Stevens Homestead" (27.8 acres. more or less, located at 18600 Shipley Drive and 1551 Childs Road, respectively). Waluga Park - West means the park land owned by the City of Lake Oswego which is commonly referred to as "'Waluga Park - West" 22.8 acres, more or less, to the East of Inverurie Drive to the North of SW Oakrid Road, to the West of Waluga Drive) Woodmont Natural Park means the park land owned by the City of Lake Oswego which is commonly referred to as "Woodmont Natural Park" (6 8 acres, more or less. at the corner of Atwater Rd and Atwater Lane, located at 13600 Atwater Lane). Nature Preserve means natural area parks or open spaces owned by the City of Lake Osw-.o that are managed or maintained to retain their natural condition and prevent habitat deterioration. Nature Preserves that are subject to the limitations of this Chapter. which upon ratification will initially include, Bryant Woods Park, Canal Acres, Cornell Natural Area ooks Butte P.rk. Glennmorrie Greenw... Hallinan Woods, Iron Mountain P.rk. Kerr O•en SD ce Lamont Springs Natural Area, River Run, Southshore Natural Area, Springbrook Park. Stevens Meadows, Waluga Park - West, and Woodmont Natural Park. Page 2 of 4 Prospective Petition : Protect Lake Oswego's natural parks for the enjoyment of all residents, visitors &future generations Section 43. Limitations on Development. The City of Lake Oswego shall insure that all development within Springbrook Park a Nature Preserve is consistent with the preservation of Springbrook Park a Nature Preserve as a natural area available for public enjoyment. To facilitate public access and use, the City of Lake Oswego may build trails for hiking, jogging, horseback and bicycle riding, may provide benches and interpretive dis hays and may provide picnic and sanitary facilities within Springbrook Park a Nature Preserve. To access and use particularly fragile habitats. boardwalks may be built; however trails shall refrain from using, hard surface materials, such as asphalt and concrete, in order to remain consistent with the natural conditions of a Nature Preserve. The City of Lake Oswego shall not construct or develop (or allow any person to construct or develop) any Athletic Facility, any Telecommunications Facility, or any parking lot, road, or trail for motorized vehicles within Springbrook Park a Nature Preserve. The City of Lake Oswego shall not cut (or allow any person to cut) any tree in Springbrook Park a Nature Preserve for the purpose of facilitating the construction or development of any Athletic Facility, aur Telecommunications Facility, or any parking lot, road, or trail for motorized vehicles. Th it h II n t n r t r v r II w nv person to construct or develop) any facility or any structure above ground that would impair or be inconsistent with the natural conditions of a Nature Preserve. The City of Lake Oswego shall not cut (or allow any person to cut) any tree in a Nature Preserve for the purpose of commercial logging. The City of Lake Oswego shall be allowed to maintain (or allow any person to maintainLa Nature Preserve for the urposes of ecological restoration that provides a safe and healthy natural area that is accessible for public enjoyment, provides a healthy habitat for wildlife. eliminates invasive species, restores native species, and mitigates fire hazards. The City of Lake Oswego shall be allowed to maintain (or allow any person to maintainLany existing facility or existing structure, or any existing parking lot, road. or trail for motorized vehicles in a Nature Preserve constructed before (date initiative is ratified) that is above ground as Iona as that facility or structure, or parking lot, road, or trail for motorized vehicles is not altered in any manner that would further impair or be inconsistent with the natural conditions of a Nature Preserve. The City of Lake Oswego shall be allowed to implement (or allow any person to implement) •ark master Dian for a Nature Pr-serve that was adopted before (date initiative is ratified . (Amended November 7, 1978.) Section 44. Effective Date. This Chapter carries an effective date of November 7, 1978 (date initiative is ratified). Section 45. 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. Page 3 of 4 Prospective Petition : Protect Lake Oswego's natural parks for the enjoyment of all residents, visitors &future generations Section 46. Application to Other Park. This Chapter shall apply to any other park (i) conveyed by property owners to the City of Lake Oswego with a "Nature Preserve" desianation that shall carry with the property in peroetuity,liil nominated by the Parks, Recreation, and Natural Resources Board and/or the Director of Parks and Recreation designating such other nark as a "Nature Preserve" and ratified by the City Council, (iii) ratified by voters specifically designating such other Dark as a "Nature Preserve ariavl acquired by a bond issue after the effective date of this Chapter if(and only if) the voters specifically designate such other park as subject to this Chapter. If any other park is designated as subject to this Chapter, then this Chapter shall apply to that park and if its name (preceded by the wordy "and") were added after Springbrook Park throughout Scction 43 t the Nature Preserve definition of this Chapter. (Amended November 7, 1978 [Note: from November 7, 1978 until June 30, 1980, this Chapter was numbered XXV and included Sections 102 through 107]; Renumbered Chapter on July 1, 1980.) Section 46A. Maximum Height of Structures in Residential Areas. The City of Lake Oswego shall neither construct nor allow the construction of any structure which is more than 50 feet in height within a residential zone, except for the construction of a single symbolic appurtenance of a structure to 75 foot height. The City may, however, construct or allow the construction of a lighting structure which is more than 50 feet in height in a public park or school sports fields located in a residential zone. For purposes of this section the height of a structure or of a part or appurtenance of a structure shall be measured from the ground or sidewalk surface within a 5-foot horizontal distance of the exterior of the structure, provided such sidewalk or ground surface is not more than 10 feet above the lowest grade as defined by city ordinance; or, if such sidewalk or ground surface is more than 10 feet above lowest grade, height shall be measured from a point 10 feet higher than the lowest grade, to the top of the highest element of the building or structure. (Amended May 19, 1987; March 24, 1992.) Page 4 of 4