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Agenda Item - 2024-07-16 - Number 10.2 - Resolution 24-28, Referral to Voter's a Measure to Allow a Road Safety Project at Stafford Road and Childs Road503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 24-28, A Resolution of the City Council of the City of Lake Oswego Submitting a Measure to the Voter’s at the November 5, 2024 General Election to allow a road safety project at the intersection of Stafford Road and Childs Road Meeting Date: July 16, 2024 Report Date: July 5, 2024 Staff Member: Martha Bennett, City Manager Ellen Osoinach, City Attorney Department: City Manager’s Office City Attorney’s Office Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval ☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction☐Consent Agenda Staff Recommendation: Adopt Resolution 24-28. Recommended Language for Motion: Move to adopt Resolution 24-28. Project / Issue Relates To: n/a Issue before Council (Highlight Policy Question): Shall the City Council refer Resolution 24-28 to the November 2024 ballot for voter approval? ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable BACKGROUND In 2018, Clackamas County completed a road safety audit of Stafford Road between Lake Oswego and Wilsonville. One of the top priority projects was installing a signal or a roundabout at the intersection of Stafford Road and Childs Road. The County began design work in 2021 and has refined the design through today. The County needs approximately 0.4 acres of Stevens Meadows property—2% of the park’s 25 acres—for the proposed design as follows: 10.2 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY •0.2 acres for road improvements •0.2 acres for temporary construction access and staging, including realignment of the existing gravel driveway used by the City’s parks maintenance staff to maintain Stevens Meadows. After project completion, the construction access road will become the new permanent gravel driveway and access road for park maintenance The existing gravel driveway covers about 0.1 acres and will no longer be used as a road. In November 2021, the voters of the City of Lake Oswego approved an initiative amending Chapter X of the City' s Charter. The 2021 initiative expanded Chapter X' s protections to 14 additional properties beyond the initial one park, designated in the charter as " nature preserves," and also expanded the list of prohibited improvements. One of the activities that is prohibited is construction of, ". . . any parking lot, road, or trail for motorized vehicles within a Nature Preserve." City Council, with Clackamas County Board of Commissioners support, directed staff to investigate whether the ballot initiative process could allow voters to decide whether to allow park property to be used for the County road project. The ballot measure as proposed would give voters the decision whether to amend the Charter to withdraw up to 0.4 acres of park property from Chapter X. If the voters approve the measure, the Charter Amendment must be drafted after the election, and neither the ballot title nor the explanatory statement will include proposed amendment language. In order to better inform Council and the public about how the Charter might be amended in conformance with a successful ballot measure, the City Attorney has drafted preliminary language (Attachment 3). DISCUSSION POLLING To initiate the ballot preparation process and to gauge the opinions of the community, staff hired DHM and Quinn Thomas for polling and communications strategy. Public opinion polling took place from June 27 to July 2, 2024. The purpose of the survey was to evaluate voter support and assess voter priorities related to the proposed road project. Top level polling results will be shared during the July 16 City Council meeting (Attachment 3). ELECTION DEADLINES The election filing deadlines for a city-referred measure to the November 5, 2024 election are as follows: •August 16th— last day a City may file a ballot title for publication of notice. •Electors have seven (7) business days to challenge a ballot title in circuit court. Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY •August – Submit communications material to the Secretary of State for “Safe Harbor” review. •September 5th—last day a City may file a notice of measure election, which contains the ballot title and an explanatory statement. The notice may only be filed upon completion of the ballot title challenge process. •September 9th—last day to file arguments for inclusion in the county voters’ pamphlet. City staff may not file or assist in the filing of arguments in support or opposition. •September to November – public information distribution •November 5th – Election Day So long as the City adopts Resolution 24-28 in July, City staff will be able to meet these deadlines. FISCAL IMPACT Staff has contracted polling and communications work to DHM and Quinn Thomas. Current expenses reflect the work performed to date. If City Council elects not to move forward with the proposed Resolution for the November 2024 ballot, the City will end all expenditures, including staff time, on the measure effective immediately. Additionally, if the Council chooses not to move forward with the ballot measure, Clackamas County might proceed with condemnation of a portion of the Steven Meadows property or withdraw from the project entirely and redirect the funds to other important road projects in the county. Condemnation would require staff time and additional funding; project withdraw would not result in additional City expenditures or staff time. RECOMMENDATION Staff recommends adoption of Resolution 24-28. ATTACHMENTS 1.Resolution 24-28 2. Top-level Polling Results, prepared by DHM 3.Draft Charter Language Resolution 24-28 Page 1 of 3 RESOLUTION 24-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO SUBMITTING A MEASURE TO THE VOTER’S AT THE NOVEMBER 5, 2024 GENERAL ELECTION TO ALLOW A ROAD SAFETY PROJECT AT THE INTERSECTION OF STAFFORD ROAD AND CHILDS ROAD. WHEREAS, the City Charter prohibits the City from allowing road construction on Stevens Meadows Park, which is adjacent to Stafford and Childs Roads; and WHEREAS, Clackamas County is responsible for Stafford and Childs Roads and has determined that improvements to the Stafford/Childs intersection are necessary to ease congestion and reduce injuries from accidents; and WHEREAS, the County’s road safety project will reduce crashes, ease traffic congestion, create bike lanes, make safer pedestrian paths, and realign the existing gravel driveway used for park maintenance; and WHEREAS, the County’s final design for the project requires the use of about 0.4 acres of Stevens Meadows—2% of the park’s total acreage—for the following purposes: about 0.2 acres for permanent road improvements and about 0.2 acres for temporary construction access and staging; and WHEREAS, the City’s only vehicular access to maintain the park is via the existing gravel driveway; and WHEREAS the County’s final design also calls for realigning the existing gravel driveway and connecting it to the temporary construction access road; and WHEREAS, once the County road safety project is complete, the temporary construction access road will become the new permanent gravel driveway and access road for park maintenance; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Oswego that: Section 1. The City Council refers to the November 5, 2024 election a ballot measure proposing to allow a road safety project on Stevens Meadows Park by amending the Charter. Section 2. The Clackamas, Multnomah, and Washington County Elections Offices will conduct the election. The precincts for said election shall be and constitute all of the territory included within the corporate limits of the City of Lake Oswego. Section 3. The ballot title certified and filed by the City Council shall be as follows: Caption: Allows road safety project, driveway realignment on specific park property. ATTACHMENT 1 Resolution 24-28 Page 2 of 3 Question: Shall Lake Oswego amend Charter to allow Clackamas County to improve road safety using 0.4 acres of Stevens Meadows? Summary: The City owns Stevens Meadows, a 25-acre park outside City limits in Clackamas County. The County is responsible for Stafford and Childs Roads which are adjacent to the park. The County has determined that improvements to the Stafford/Childs intersection are necessary to ease congestion and reduce injuries from accidents. The road improvements, which will be paid for and constructed by the County, will reduce crashes, ease traffic congestion, and create bike lanes and safer pedestrian paths. The County estimates the road improvements will decrease crashes by 85% at the intersection. The County needs to use about 0.2 acres—1% of the total—for these road improvements. The project will also realign an existing gravel driveway used for park maintenance, affecting an area of about 0.2 acres. The City Charter prohibits the City from allowing roads on Stevens Meadows. If approved, this measure would amend the Charter, allowing the City to enable County use of up to 0.4 acres of Stevens Meadows Park for the limited purposes of public safety road improvements and driveway realignment. Section 4. The City Manager, City Attorney, and City Recorder shall take all steps on behalf of the City as necessary to carry out the intent and purposes of this resolution in compliance with state and local law including but not limited to publishing the ballot title as provided by state law, publishing notice of the measure as required, submitting an explanatory statement, and filing this measure with the appropriate County Elections Divisions. Effective Date. This Resolution shall take effect upon passage. Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 16th day of July, 2024. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder Resolution 24-28 Page 3 of 3 APPROVED AS TO FORM: ________________________________ Ellen Osoinach, City Attorney 503.220.0575 555 SE MLK Jr Blvd, Suite 105 Portland, OR 97214 www.dhmresearch.com DHM Research | Stevens Meadow Ballot Survey | June 2024 1 July 9, 2024 To: Madison Thesing, City of Lake Oswego From: Michelle Neiss, DHM Research Re: City of Lake Oswego Stevens Meadow Ballot Measure Survey, #01310 Introduction & Methodology From June 27-July 2, 2024, DHM Research conducted a survey of voters in the City of Lake Oswego. The purpose of the survey was to evaluate voter support and assess voter priorities related to the proposed safety improvements on Stafford Road and Childs Road. Results will aid the council in deciding whether to proceed with putting the proposal to voters in the fall election. Research Methodology The hybrid survey consisted of n=400 Lake Oswego voters and took approximately 12 minutes to complete. This is a sufficient sample size to assess voter opinions generally and to review findings by multiple subgroups, including age, gender, and zip code. Hybrid Respondents were contacted from multiple lists which may include a list of registered voters; a landline household list compiled from public records and consumer lists; and a cellular consumer list based off of cell and cable consumer information matched to publicly available address information. Telephone respondents were contacted by a live interviewer and text-to-online respondents received a text invitation directing them to an online survey. In gathering responses, a variety of quality control measures were employed, including questionnaire pre-testing and validation. Quotas were set by age, gender, ethnicity, education, political party, and zip code to ensure a representative sample. Statement of Limitations Any sampling of opinions or attitudes is subject to a margin of error. The margin of error is a standard statistical calculation that represents differences between the sample and total population at a confidence interval, or probability, calculated to be 95%. This means that there is a 95% probability that the sample taken for this study would fall within the stated margin of error if compared with the results achieved from surveying the entire population. The margin of error for this survey is +/- 4.9%. DHM Research Background DHM Research has been providing opinion research and consultation throughout the Pacific Northwest and other regions of the United States for over 40 years. The firm is nonpartisan and independent and specializes in research projects to support public policy. ATTACHMENT 2 DHM Research | Stevens Meadow Ballot Survey | June 2024 2 City of Lake Oswego Stevens Meadows Ballot Measure Survey June 27–July 2, 2024 City of Lake Oswego Voters N=400, 12 minutes; ±4.9% margin of error DHM Research Project #0 1310 [Telephone only] If at any time you are unsure of your answer, just let us know. VOTER MOOD 1. All things considered, would you say that things in Lake Oswego are headed in the right direction or are they off on the wrong track? Response category n=400 Right direction 61% Wrong track 18% Don’t know 21% 2. What would you say is the biggest issue facing the city of Lake Oswego at this time? [Open] Response category n=400 Transportation/Infrastructure (NET) 21% Trafﬁc 8% Roads/Road maintenance 5% Walkability/sidewalks 5% Infrastructure, general 4% Parking 1% Bike lanes 1% Housing affordability 15% Growth/Population/Development 12% Education/Schools 11% Economic issues (NET) 9% Cost of living/Inﬂation 4% Taxes 3% Economy 1% Economic inequality <1% Recession <1% Poor le adership/government mismanagement 5% Lake, lake access and ownership 5% Crime/Public safety 5% Social inequality/Discrimination 5% Environment/Pollution/Climate change 4% Tree management 3% Racism/Race 2% Ethics/Morals/Values 2% Policing (NET) 1% Anti-police sentiment 1% Support for police <1% Spillover from Portland/other counties 1% DHM Research | Stevens Meadow Ballot Survey | June 2024 3 Response category n=400 Political division/Partisanship 1% Need more social services 1% Mental health <1% Immigration/Illegal immigration <1% Other mentions 6% Don’t know 4% Nothing 3% No detailed mentions 1% INITIAL BALLOT TEST The following measure may be on the ballot in the city of Lake Oswego in November 2024. Please listen carefully, this is exactly how it will appear on the ballots. A measure that allows road safety improvements on speciﬁc park property; amends Charter. Shall Lake Oswego allow Clackamas County to improve safety using 0.2 acres of Stevens Meadows Park for road construction? 3. If the election were today, would you vote “yes” to support the measure, or “no” to oppose it? Response category n=400 Total Yes 48% Yes —certain 22% Yes —lean 26% Total No 23% No—lean 13% No—certain 10% Don’t know 29% BALLOT ELEMENTS The following is more information about the proposed safety improvements on Stafford Road and Childs Road and how it could beneﬁt the community. For each, indicate if knowing this makes you much more positive, somewhat more positive, neither positive nor negative, somewhat more negative, or much more negative about the measure. Response category Total Positive Much more positive Somewhat more positive Neither positive nor negative Total Negative Somewhat more negative Much more negative Don’t know 4. The project will require that the county use 0.2 acres of Stevens Meadows Natural Area, adjacent to the road. 43% 20% 23% 23% 26% 16% 10% 7% DHM Research | Stevens Meadow Ballot Survey | June 2024 4 Response category Total Positive Much more positive Somewhat more positive Neither positive nor negative Total Negative Somewhat more negative Much more negative Don’t know 5. The County solicited feedback from residents and redesigned their proposal to try to meet the needs and priorities of the community. 70% 34% 36% 15% 5% 2% 3% 10% 6. The County will pay the full cost of the $17 million improvement. 67% 42% 25% 19% 8% 5% 3% 6% 7. A 2018 safety audit of Stafford Rd between Lake Oswego and Wilsonville identiﬁed the Childs Rd intersection as a key priority to improve the safety of the corridor. Planning for this improvement has been under way for several years. 73% 46% 27% 16% 5% 4% 2% 6% 8. Which of the following is the most important to you when it comes to thinking about the proposed interchange improvement at Childs Rd? Response category n=400 Reducing trafﬁc crashes that cause injuries to people and property damage 49% Preservation of protected natural areas 11% Pedestrian and bicyclist improvements 10% Cost to Lake Oswego residents 10% Reduced commute times 7% Environmental impact 6% Something else [Open] 4% [Don’t read] Don’t know 2% MESSAGES The following are reasons that some people support the use of limited City park land for Clackamas County’s road project. For each, indicate if you think it is a very good, good, poor, or very poor reason to support it. Response category Total Good Very good Good Total Poor Poor Very poor Don’t know 9. If we reject this plan, the County may cancel or postpone the improvements, which leaves us with a dangerous intersection and long trafﬁc delays. 49% 26% 22% 38% 20% 18% 13% 10. Installing a roundabout at Child’s Lane will reduce congestion and allow trafﬁc to ﬂow more smoothly along Stafford Rd. 81% 47% 33% 13% 6% 7% 6% DHM Research | Stevens Meadow Ballot Survey | June 2024 5 The following are reasons that some people oppose this measure. For each, indicate if you think it is a very good, good, poor, or very poor reason to oppose it. Response category Total Good Very good Good Total Poor Poor Very poor Don’t know 19. Lake Oswego residents do not want new road construction impacting natural areas, including Stevens Meadows. The beneﬁts of this proposal are not high enough to approve an exception. 33% 15% 18% 54% 30% 24% 12% 20. The city knew about the restrictions on Stevens Meadows land and should have raised those issues earlier in the process. Engineers should ﬁnd another solution that increases safety while preserving natural lands. 47% 17% 30% 40% 22% 18% 13% 21. Protecting natural areas is more valuable to the community than expanding roads so people can have a faster commute. 50% 21% 29% 45% 26% 19% 6% Response category Total Good Very good Good Total Poor Poor Very poor Don’t know 11. This section of road is one of the most accident-prone and dangerous in the area. We have a responsibility to ﬁx it–and the improvements will reduce fatal and injury accidents by 88%. 90% 61% 29% 7% 3% 3% 4% 12. The project connects bike trails in Lake Oswego to the existing bike lanes along Stafford. It’ll increase safety for bicyclists and reduce delays for motorists. 83% 51% 32% 11% 5% 6% 6% 13. This project is a great deal for Lake Oswego. If approved, Clackamas County will pay the full cost of the improvements, with no funding coming from the City of Lake Oswego and no tax increase for city residents. 87% 59% 28% 7% 4% 3% 6% 14. The improvements are designed to reduce environmental impacts and protect high value natural resources in perpetuity. 83% 41% 43% 9% 5% 4% 8% 15. Clackamas County designed these improvements based on feedback from community members about their safety and trafﬁc ﬂow concerns. By moving forward with this project, Lake Oswego and the county are responding to the community’s concerns. 85% 47% 38% 8% 5% 3% 7% 16. The people most affected by the safety and traffic problems along Stafford Rd live outside of Lake Oswego’s city limits and do not get to vote on this. We have a responsibility to listen to our neighbors and work to support them on these safety improvements. ` 67% 28% 39% 23% 16% 8% 10% 17. The ballot measure upholds the city's commitment to obtain voter approval for project-speciﬁc development in natural areas. 83% 42% 41% 9% 7% 2% 9% 18. Approving this plan will protect water quality and ﬁsh habitat in Pecan Creek, which is just south of Childs Road. 77% 43% 34% 11% 8% 4% 12% DHM Research | Stevens Meadow Ballot Survey | June 2024 6 FINAL BALLOT TEST Sometimes people change their minds when they learn more about an issue. 22. Now that you’re heard more about it, if the election were today, would you vote YES to support the measure to allow for road construction or NO to oppose it? Response category n=400 Total Yes 75% Yes —certain 40% Yes —lean 36% Total No 16% No—lean 9% No—certain 6% Don’t know 9% MESSENGERS For the following individuals or groups, who would you trust when it comes to deciding about how to vote for the ballot measure? Please indicate if you would place a lot of trust, some trust, not much trust, or no trust at all in those individuals or groups. Response category Total Trust A lot of trust Some trust Total No trust Not much trust No trust at all Don’t know 23. Lake Oswego City Councilors 52% 11% 41% 43% 28% 15% 5% 24. Environmental advocates 66% 19% 46% 32% 18% 14% 2% 25. First responders, such as the police, ﬁre, and EMS staff who respond to trafﬁc accidents 90% 66% 24% 7% 4% 2% 3% 26. County residents who live along or near Stafford Rd 80% 29% 51% 15% 12% 3% 5% 27. Leaders of local nonproﬁts 51% 13% 38% 42% 31% 11% 8% 28. Local community groups 66% 10% 56% 28% 22% 6% 6% 29. County Commissioners and project staff 54% 8% 46% 41% 26% 15% 4% DHM Research | Stevens Meadow Ballot Survey | June 2024 7 CHAPTER X SITUATIONS In 2021, Lake Oswego voters approved an amendment to the city’s charter, which expanded protections for local natural areas. Fifteen natural areas were designated as under protection, with increased limits on the City’s use of those lands. The voters are required to approve proposed uses restricted by Chapter X 30. When the city is weighing developments that are restricted by Chapter X, which of the following best describes how you feel about the city putting proposed development to voters? Response category n=400 If the city explores multiple options and then puts the issue to voters, they are allowing the voters to have the ﬁnal say, which is what voters wanted. 62% By entertaining the possibility of development on protected lands, the council is disregarding voters’ intent in passing the Chapter X amendment. 20% Don’t know 19% DEMOGRAPHICS These last questions make sure we have a valid sample of the community. It’s important to collect answers to all of the following questions, and please keep in mind that your responses are conﬁdential. 31. How do you describe your gender? Response category n=400 Man 47% Woman 53% Non-binary or gender non- conforming -- Another way [Open] -- I prefer not to say -- DHM Research | Stevens Meadow Ballot Survey | June 2024 8 32. Which of the following best describes your race or ethnicity? You may choose more than one. [Allow for multiple responses] Response category n=400 Asian/Pacific Islander 4% Black/African/African American 3% Hispanic/Latino/a/x 6% Native American/American Indian 2% White/Caucasian 77% Other 8% Don’t know 1% I prefer not to say 6% White alone 73% POC 21% 33. Which category best describes your gross household income, before taxes? Remember to include everyone living in your household. Your best estimate will do. Response category n=400 Less than $25,000 5% $25,000 to less than $50,000 8% $50,000 to less than $75,000 8% $75,000 to less than $100,000 13% $100,000 to less than $150,000 18% $150,000 or more 37% I prefer not to say 11% 34. Age Response category n=400 18–29 15% 30–44 20% 45–64 32% 65+ 32% 35. What is your party registration? Response category n=400 Democrat 43% Republican 20% Another party 7% Not afﬁliated with a political party 30% DHM Research | Stevens Meadow Ballot Survey | June 2024 9 36. Voting history Response category n=400 0 of 4 9% 1 of 4 10% 2 of 4 17% 3 of 4 20% 4 of 4 44% 37. Zip code Response category n=400 97034 50% 97035 50% 38. What is the highest level of education that you have completed? Response category n=400 Less than high school 1% High school diploma/GED 8% Some college/2-year degree 20% College degree/4-year degree 37% Graduate/professional school 33% I prefer not to say 2% Downloaded from https://ecode360.com/LA4508 on 2024-07-10 Section 43. Limitations on Development. [Amended 11-7-1978 ; 11-2-2021 ] The City of Lake Oswego shall insure that all development within a Nature Preserve is consistent with the preservation of 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, horse-back and bicycle riding, may provide benches and interpretive displays, and may provide picnic and sanitary facilities within 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 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 facilitating the construction or development of any Athletic Facility, any Telecommunications Facility, or any parking lot, road, or trail for motorized vehicles. The City of Lake Oswego shall not construct or develop (or allow any 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 maintain) a Nature Preserve for the purposes 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 maintain) any existing facility or existing structure, or any existing parking lot, road, or trail for motorized vehicles in a Nature Preserve constructed before November 2, 2021 that is above ground as long 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) a park master plan for a Nature Preserve that was adopted before November 2, 2021. ADD: +The City of Lake Oswego shall be allowed to permit Clackamas County to utilize up to 0.4 acres of Stevens Meadows Park for the limited purposes of constructing road improvements and driveway realignment+ ATTACHMENT 3