Light-rail opponents in King City also celebrated a victory

Voters in Clackamas County and King City overwhelmingly approved ballot measures requiring public votes on funding rail projects during Tuesday’s special election.

It could take months, or even years, to learn what they actually mean, however.

Clackamas County’s Measure 3-401 passed with 60 percent of the vote. County and TriMet officials say it will have no effect on the $1.49 billion Portland-to-Milwaukie light-rail line under construction.

On Sept. 14, county officials funded a $19.9 million payment for the light-rail project through a 20-year Bank of America loan at 2.74 percent. That is the county’s share of the 7.3-mile project from Portland State University through Southeast Portland to Clackamas County.

“This is a clear mandate that the people wanted a right to vote and the commission went behind our backs,” says Jim Knapp, the Oak Grove resident who began the drive for Measure 3-401 and has begun gathering signatures for a referendum against the Aug. 22 decision. “The disrespect that Bank of America and the county commissioners who support this loan have shown for voters and taxpayers is simply breathtaking.”

Both county officials and measure opponents have also said they may challenge the legality of the measure in court. An analysis by the Office of the County Counsel suggests the measure deals with administrative matters that are not subject to public votes.

A similar measure passed in King City by a similar margin. No rail project is under construction in Washington County, but planning for a possible light-rail line from Portland to Sherwood is being studied by Metro. Other options, including enhanced bus service and a dedicated bus lane known as bus rapid transit, are also being considered.

Some supporters of the Clackamas and King City measures claim they even require public votes on money spent on studies to determine which transit options are best.

Clackamas County measure opponent Mike Swanson worries that language requiring votes on rail “operations” will trigger arguments about elections involving a wide range of county activities near rail lines.

“They wanted to catch the $20 million and what they’re going to do is catch all these little fish, and that’s the irony of this ballot measure,” Swanson said.

Washington County Chair Andy Duyck is concerned planners could be forced to eliminate transit options if other cities along the potential line approve similar measure.

“We are committed to providing the best transportation service we can to the citizens in the county. If the voters start taking tools away from us, we will have to do that with the tools that remain,” says Duyck.

The Tigard City Council has put a measure on the November ballot that would require a vote on any tax or fee increases to fund a rail line.

The Clackamas County vote could also signal election trouble for two commission members who support the Portland-to-Milwaukie light-rail project. Chair Charlotte Lehan is opposed by project opponent John Ludlow. Commissioner Jamie Damon is opposed by project opponent Tootie Smith.

Tribune reporter Jim Redden contributed to this story.