The Citizens of North Plains voted to stop their city from expanding a year ago or so - voters having brought and approved a petition against their North Plains City Council's decision to expand the city limits by tapping, for housing development, city urban reserves (lands designated for development by a city that are located outside of the existing urban growth boundary).
However, the City Council of North Plains responded to voters by suing to overturn the petition approved by voters that is stopping the city's expansion - the North Plains City Council arguing that the citizens of the City are not allowed by state law to overturn the City Council's decision to expand using urban reserves.
A Washington County Judge will decide if citizens are legally allowed to vote on a petition that stops a city from expanding. The City of North Plains' argues that land use is a state matter, and the City Council is abiding by state law - making the Citizen petition approved by voters about Administrative Law and not Legislative Law. Initiative Petitions are restricted to just Legislative Law and cannot be about Administrative law matters.
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As a side note
When I filed an initiative petition to collect signatures to let Milwaukie voters have the final say regarding a new fee the City Council of Milwaukie was contemplating - Council proposing to add this new fee onto Milwaukie's water bills, ....
One of the questions that arose about my petition by Milwaukie's City Recorder is whether such petition was not actually a petition related to Administrative Law, rather than Legislative Law. If a petition mostly involves Administrative law, it can be rejected by the City.
So, now with the North Plains case described in the Hillsboro Times article, "AdmnLaw24Aug," I now have a little better understanding of the difference between Administrative Law and Legislative Law. The article "AdmnLaw24Aug" is just below in PDF download format.
(posted by Elvis Clark on August 24, 2024)
AdmnLaw24Aug (pdf)
DownloadOregon's bureaucratic Department of Land Conservation and Development (DLCD) is tasked with preserving farmland in Oregon, and yet it goes overboard to protect land from housing development that really is not farmable. Here Dave Hunnicutt, of the Oregon Property Owner Association, explains the absurdity of DLCD:
State sues to protect unfarmable “farmland” from needed housing development | The Oregon Catalyst
(posted by Elvis Clark on August 1, 2024)
The American Forest Resource Council is saying red tape in addressing the buildup of debris in the nation's old growth forests ensures that old growth forests become more prone to burning up. Here's the link to the American Forest Resource Council's briefing on the federal government's misguided ways of managing old growth forests:
“Political” Old Growth Amendment fails to address threats to old forests (naturalresourcereport.com)
(posted by Elvis Clark on July 4, 2024)
The Biden administration reportedly is set to sharply increase tariffs against imports from China, including tariffs on electric cars, solar panels, and wind turbines.
Read the pdf download just below entitled "TarffsAgnstEVs24May," which an article recently appearing in the Wall Street Journal (WSJ).
Currently, much of the transition to an all-renewable-electric economy is based, in large part, on cheap imports of solar panels and wind turbines from China.
One inconsistency with trying to reduce global greenhouse gas emissions with solar and wind power is that China manufactures most of these renewable energy system parts with coal power. This ensures that solar and wind are not actually free of greenhouse gas emissions.
The other inconsistency is that
by increasing tariffs on imported renewable energy parts from China, the Biden Administration is likely to cause the cost of transitioning to an all-renewable-electric economy even more expensive. Likely, taxpayers and electric utility rate payers will lose - having to continually subsidize all-electric cars and renewable energy equipment - and achieving Net Zero emissions by 2040 to 2050 will also likely suffer severe setback.
(posted by Elvis Clark on May 12, 2024)
TarffsAgnstEVs24May (pdf)
DownloadBut as Randal Otoole writes in the following link, 15-minute cities actually preclude the opportunity to shop for lower prices and also to shop for higher paying jobs: The 15 Minute City: An Idiotic Dream | Newgeography.com .
15-minute cities also require a highly dense area of population - not found in all but the mega cities like Paris and New York.
(posted by Elvis Clark on December 16, 2023)
The Oregon Property Owners' Association notes the following:
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LCDC Goal 3 has been a problem from the moment it was first introduced in 1975. The problem lies in the definition of “agricultural land”. The Goal 3 definition of “agricultural land” is so broad that it encompasses hundreds of thousands of acres of land in Oregon that have no value for farming and have never been farmed. In fact, when combined with the broad definition of “forest land” in Goal 4, nearly 97 percent of all private rural property in Oregon is zoned as “farmland” or “forestland” under Goals 3 or 4. LCDC is Oregon's Land Conservation and Development Commission.
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The result is that LCDC requires counties like Deschutes County to zone rural areas as “farmland” that have zero possibility of ever being used for profitable farming. Farmers are smart – if the land can’t be used for profitable farming, it isn’t going to be farmed. Nevertheless, the state makes all counties zone land for farming that isn’t any good for actual farming.
Because of Governor Kotek and Oregon's declared Housing Shortage, there is the beginnings of some signs that maybe, just maybe, Oregon land use laws will be softened to allow for more housing construction in the outlying areas of Oregon's cities. The Governor's Housing task force which is scheduled to make recommendations to the Governor at some point is discussing allowing cities to build outward into their urban reserves, over riding Metro's Urban Growth Boundary possibly.
Softening Oregon's land use laws, in the name of increasing housing supply, would be great for those not wanting to have their neighborhoods crammed with new housing complexes. Accommodating population growth by building cities outward and not just inward, would no doubt lessen the cramming of newly arriving peoples into existing cities with subsequent increased burden on roads, streets, parks and other City infrastructure.
As a side note, I discovered from a long time City planner, recently, that one way to stop a big housing complex from being constructed in a neighborhood may be to look at the deed of the property that is proposed for such development and see if the deed doesn't actually forbid the building of such housing. Sometimes property deeds contain language which forbid certain construction on the said property. For instance, some deeds contain a building height restriction.
Unfortunately, using deeds as a way of negating City planning approvals requires someone like me to do a lot of deed record searches, and this would require a lot of extra time I myself don't have. Maybe neighbors could organize to spread out the work of deed searches. Just a thought on my part.
(posted by Elvis Clark on November 24, 2023)
The City of Portland is losing population and economic wellbeing over the last 7 years. High taxes, High Crime and High Homelessness are among the cited causes of Portland's demise. Here are two related news articles describing, Portland's secular decline: Oregon Gov. Kotek begins closed-door meetings meant to come up with a plan to save Portland - Idaho Capital Sun
Here's the data shown to the Portland Central City Task Force | kgw.com
So, now Oregon Governor Kotek is looking to take action to revive the City of Portland. If you live outside the City of Portland, you should be wary of your taxpayer dollars going to bail out a City that is lost in Utopian ideas where people are not held accountable for crimes committed (less than 50% of crimes are prosecuted against normal 90% rate), City government spends lots of money on programs and so-called "nonprofits" to house drug addicts (a large number migrating to the City of Portland for the free City government handouts), and government is used to redistribute incomes from those earning to those taking.
You should understand that bailing out Portland now risks only putting off a day of reckoning where Portlanders actually realize that the Utopian ideas, they want to govern with, only invite the City's own implosion.
Let Portlanders wallow in the errors of their government policies and programs, so the City doesn't take state taxpayers down with it.
The City of Portland is a supporter of an organization called C40 Cities.
One of the goals of C40 Cities organization is to ban the consumption of meat by the year 2030. Could you imagine Portland restaurants no longer being able to serve hamburgers, ribs and other meat specialties? This would put another hole in the declining Portland economy.
If you looked at companies specializing in plant-based imitation meats, you would find them being in decline. The share price of Beyond Meat Company (stock symbol BYND) has cratered from the $150 range in 2019 to just below $12 this year (2023).
Here's a link to the C40 Cities organization that the City of Portland government belongs:
Good Food Cities Accelerator - C40 Cities
Oh, by the way, Portland's Mayor Wheeler is asking the Governor to send the City of Portland 100 state police troopers to make up for the City blowing up its own police department.
Mayor cut 100 cops, now demands 100 state trooper help | The Oregon Catalyst
(posted by Elvis Clark on August 25, 2023)
(posted by Elvis Clark on May 3, 2023)
HB 3501 would allow those in tent camps on public right-of-ways (like in front of homes and schools) to simply refuse to accept alternative shelter arrangements provided by government.
Kevin Dahlgren, longtime professional homeless advocate, says HB 3501 is "madness." That it will cause Oregon to become a magnate for out of state people to pitch a tent on Oregon's shared public spaces.
Here's Fox News' interview of homeless advocate Kevin Dahlgren:
I highly recommend that my readers send at least a brief statement opposing HB 3501 to the Oregon legislature as soon as possible, in time for the May 4 2023 Oregon public hearing on HB 3501.
Here's the link for making a brief statement opposing HB 3501:
[ regarding this link; for the fastest, simplest way to comment on HB 3501, click the Text option]
(posted by Elvis Clark on April 30, 2023)
It is clear that the U.S Supreme Court - the Supreme law of the land - rules that nearly all gun control laws enacted by so-called Progressive state legislatures and/or "Progressive" initiatives, as that of the state of Oregon, are unconstitutional.
And yet the Oregon legislature still dominated by so-called Progressive Authoritarian legislators and Governor continue to "Flood the Zone" with new strict gun control laws, essentially taking away the right of ordinary citizens to have arms to defend themselves. "Flooding the Zone" is a tactic which makes it hugely costly for those trying to protect the Second Amendment (the right to bear arms) - as defenders of the second amendment must take their cases against restrictive gun control laws all the way up the court system to the U.S Supreme Court. Many Federal Appeals and lower Courts are dominated by so-called Progressive Authoritarians in black robes.
And so, a state judge in Harney County stopped the implementation of Oregon Measure 114 which severely limits the ability of ordinary citizens to have arms to defend themselves, as prescribed by the Second Amendment to the U.S constitution. This Harney County judge questions the constitutionality of Measure 114 and issues a temporary injunction against implementing Measure 114.
So, what does the so-called progressive Oregon legislature do in response. It drafts a new proposed law (Oregon Senate Bill 438) which would require all gun control law challenges to be first brought to Marion County Circuit Court (according to the Oregon Fire Arms Federation's interpretation of the amendment linked below here). Why Marion County Circuit Court? Because Marion County Circuit Court is usually dominated by so-called Progressive judges, who are gun grabbers in most all cases.
Here's the link to Oregon Senate Bill 438:
https://olis.oregonlegislature.gov/liz/2023R1/Downloads/ProposedAmendment/24269
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I mention the phrase "No One is Above the Law" because this is what the mainstream media and so-called Progressive authorities are saying or suggesting in the case of the criminal indictment this week of former President Donald Trump - ie they are saying Trump is Not Above the Law. Yet these same so-called Progressive authorities approve of Sanctuary Cities and defying the U.S Supreme Court on gun control laws - both of which smack of so-called Progressives being 'above the law.'
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Now the Last gripe of mine for today. This involves Milwaukie's so-called Native Lands Acknowledgement. There is a push to make citizen committees recite the Native Lands Acknowledgement before the committees can start their work meetings, on such topics as fixing our streets for safety. I am a member of Milwaukie's Public Safety advisory Committee, and I can tell you that I volunteered for this group to help ALL Milwaukie residents and visitors. The Native Lands Acknowledgement to me is like some kind of Woke jive to make property owners feel guilty for our great, great ancestors having connived their way into taking over present day Milwaukie property lands from native American Indians. This is probably true, but there are an infinite number of injustices in mankind's past. Why focus on the past, rather than build a better future.
Here is Milwaukie's Native Land acknowledgement:
"The City of Milwaukie respectfully acknowledges that our community is located on the ancestral homeland of the Clackamas people. In 1855, the surviving members of the Clackamas signed the Willamette Valley Treaty also known as the Kalapuya etc. Treaty with the federal government in good faith. We acknowledge that the territory covered by the City of Milwaukie is on the ancestral homelands of the Clackamas people. We offer our respect and gratitude to the indigenous people of this land."
I have been trying to come up with a way to protest this woke type jive. And so, my idea is in the photo to the right above (a t-shirt with A Florida state flag). I plan to buy and wear this Florida t-shirt when faced with woke events. Why? Because Florida Governor Desantis says enthusiastically that "Florida is where Woke goes to die."
(posted by Elvis Clark on April 1, 2023)
Here's the rub against these Milwaukie Councilors (Khosroabadi, Stavenjord, and Mayor Batey) praising an Oregon law which lets those without means ignore traffic fines while others are required to pay for these same type traffic infraction fines:
These Councilors and Mayor say the Pledge of Allegiance to the United States routinely at the beginning of Regular Sessions at Milwaukie City Hall. This Pledge ends with these words: ...equal justice for ALL.
The pledge these Milwaukie Councilors and Mayor take.... doesn't say: justice for some. The principle is that we are all suppose to be equal before the law. This is the principle underlying the 14th Amendment to the Constitution. I guess "Justice For All" are just empty words for our Milwaukie City Council.
The State of Oregon government for the last three plus decades has followed a policy called the transportation rule. This rule tries to reduce automobile driving by 20% even in the face of population growth.
On the one hand "Progressives" in charge are saying driving is essential for a good life, but on the other hand, these same folks are trying to price and regulate people off the public highways.
I have spoken to Councilor Khosroabadi and he definitely has turned a corner in his life and is deserving of forgiveness. At the same time, he is mostly in the so-called "Progressive" camp in ideological terms and policies.
Khosroabadi was kind of antagonistic towards Clackamas County Commissioner Mark Shull - a fellow veteran - for some inappropriate Face Book postings by Shull prior to his being elected in November 2020. These postings reflected Shull's worries about Islamic religion making inroads into government policies and laws in such places as Minnesota.
I think Commissioner Shull is deserving of forgiveness for his old face book postings, seeing how in the two years in office he treats all people with respect and fairness - from my observation and his just being unanimously made Vice Chair of the County by his fellow Clackamas Commissioners.
Oregon House Bill 2783 would pay people a certain base income even if they are not even seeking employment. At a time when businesses are short of laborers, House Bill 2783 probably causes people to be slower to seek employment. And at a time when Oregon is starting to lose productive people (moving out of state), how does a state sustain taxing production more - only to give away to those not producing?
Governor Kotek hires Karin Power former Milwaukie area Oregon House Representative to push the "Climate Crisis" agenda.
Power is the same legislator who tries to ban diesel fuel in Oregon by one year from now (2024). Just imagine what a costly transition to expensive renewable diesel (not actually available in mass volume) this would cause, and it exacerbating Oregon's high cost of living.
(posted by Elvis Clark on January 20, 2023)
photos of clippings from this week's edition of Clackamas Review Newspaper used above.