Item 7 - Ordinance No. 189 Second Reading *AGENDA 'REPORT O ,Nr
CITY OF 'POWAY 1
IN THE COV
TO: Honorable Mayor and Manbers of the City Council
FROM: James L. Bowersox, City Mana�.."
INITIATED BY: Marjorie K. Wahlsten, City Clerk 'Thant
DATE: April 29, 1986
SUBJECT: Ordinance No. 189 - Second Reading
BACKGROUND
ND
On April 22, 1986, the City Council introduced and had the first reading on
Ordinance No. 189 - "An Ordinance of the City of Poway, California, Amending
Section 16.16.110 of the Poway Municipal Code Establishing Requirements for
Relinquishment of Open Space Dedicated or Offered for Dedication to the City. "
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
REOYMENDATION
If the City Council desires to adopt, read title and waive further reading of
Ordinance by unanimous vote. Pass motion closing public hearing and adopting
(roll call vote) .
JLB:MKW:m1
Attachment:
1) Ordinance
ACTION: Adopted Ordinance 189.
1. JeL.E%--rit
J.' Seibert , Deputy City Clerk
APR 29 1986 ITEM 7 /s
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ORDINANCE NO. 189
AN ORDINANCE OF THE CITY OF POWAY , CALIFORNIA
AMENDING SECTION 16 . 16 .110 OF THE POWAY MUNICIPAL CODE,
ESTABLISHING REQUIREMENTS FOR RELINQUISHMENT OF OPEN SPACE
DEDICATED OR OFFERED FOR DEDICATION TO THE CITY
WHEREAS , the preservation of land as open space is consistent with
the Comprehensive Plan of the City of Poway; and
WHEREAS , it is in the public interest that land dedicated or
offered for dedication to the City as open space be retained as open
space because such land will add to the amenities of living in the
City of Poway and will help preserve the rural character of the City;
and
WHEREAS , open space land has scenic value to the public and may
constitute valuable watershed and wildlife preserve; and
WHEREAS , the public interest requires that any transfer or
relinquishment of open space dedicated or offered for dedication to
the City be accomplished only by legislative act of the City Council
subject to referendum; and
WHEREAS, the public interest is further served by an ordinance
requiring that transfer or relinquishment of open space be approved by
a four-fifths vote of the City Council .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN:
Section 1 : Section 16 . 16 . 110 shall be added to the Poway
Municipal Code as follows :
16 . 16 . 110 Relinquishment of Dedicated Open Space , etc .
A. No easement or fee interest in real property dedicated or
offered for dedication to the City for open space , trail , or
other public recreation purpose shall be vacated ,
relinquished , abandoned , released , sold, encumbered , or
otherwise transferred or conveyed free of such limitation
except by ordinance approved by a four-fifths vote of the
City Council with the following findings:
1 ) The purpose of the release or transfer is to permit the
property to be used for a valid public purpose ,
including but not limited to public streets or drainage
facilities ; or
2 ) The property is being exchanged for property of equal
or greater size and quality for open space, trail , or
other public recreation use, and is being transferred
to the City concurrent with the transfer of the subject
property .
APR 29 1986 ITEM 7
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Ordinance No
Page 2
B. Any ordinance adopted by the City Council purporting to
amend or repeal this ordinance or purporting to vacate ,
relinquish , abandon , release, sell , encumber , or otherwise
transfer or convey an easement or fee interest in real pro-
perty dedicated or offered for dedication to the City for
open space , trail or other public recreation purpose without
a municipal election shall be a legislative act subject to
referendum and shall be subject to judicial review by writ of
mandate .
C. This ordinance shall apply to all easement or fee
interest in real property held or owned by the City of Poway
for open space , trail , or other public recreation purpose
whether such interest was acquired by the City through the
subdivision process or otherwise.
D . The City Manager is hereby authorized to prepare and
record in the record title of open space dedicated or offered
for dedication to the City a Declaration of Restrictions
identifying the limitations placed by this ordinance upon the
transfer or relinquishment of such open space .
E. In the event that any portion of the Section 16 .16 .110 is
declared by a court of competent jurisdiction to be invalid ,
such portion shall be severable from all other portions of
this section . Those portions not declared invalid shall
remain in full force and effect.
EFFECTIVE DATE: This ordinance shall take effect and be in force
thirty ( 30 ) days after the date oflits passage; and before the expira-
tion of fifteen ( 15 ) days after its passage , it shall be published
once with the names and members voting for and against the same in the
Poway News Chieftain , a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a regular meeting of the City Council
of the City of Poway held the 22nd day of April 1986 , and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held the
day of 1986 , by the following roll call vote:
AYES : COUNCILMEMBERS :
NOES : COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS :
Carl R. Kruse , Mayor
Marjorie K. Wahlsten , City Clerk
APR 29 1986 ITEM 7
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