Item 5 - Open Space Preservation Ordinance AGENDA 'REPORT of eo�Rr
CITY OF POWAY I \
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TO: Honorable Mayor; and Members of the City Council
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FROM: James L. Bowersox, City Mana': ;'
INITIATED BY: John E . Bridge_S, Acting Director of Planning
Services grin
ilStephen M. Ecks , City Attorney
DATE: February 13, 1986
SUBJECT: Open Space Preservation
ABSTRACT
On numerous occasions the City Council has expressed its concern
regarding the long-term preservation of open space within the City.
A discussion of three alternative methods of preservation are
included in this report for the Council ' s consideration.
BACKGROUND
The City Council ' s desire to preserve Poway' s open space lands is
expressed in the Open Space Element of the Comprehensive Plan. The
primary goal in that element is stated as follows :
"The community' s natural resources shall be preserved
and protected in open space areas to contribute to the rural
character of Poway, thus providing a link with the City' s
past. "
The Council has also expressed concern over the community' s ability
to ensure the long-term preservation of open space.
With their desire tp ensure the preservation of open space lands,
the Council may also wish to provide themselves and future City
Councils with the ability to relinquish open space lands under those
exceptional circumstances where it is deemed to be in the best
interest of the community. Such circumstances might include the
trading of open space land which cannot be utilized for active
recreational uses for open space land that can accommodate such
uses.
ACTION: Concurred that option 2 , vote of electorate , is best. \
Directed staff to bring forward ordinance.
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® J.1 eibert , Deputy City Clerk FEB 13 1986 ITEM 9
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Agenda Report
February 13, 1986
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Discussed below are three alternative methods for preserving open
space:
1. Non-profit Organization
One method of preserving open space lands involves the transfer of
control of open space easements and dedicated land from the City
Council to a non-profit organization chartered for that purpose .
This could take the form of a totally new organization or an
existing group such as the Park and Recreation Committee . The
members of the open space organization would be appointed by the
City Council and would be charged with preserving all open space
easements and dedications throughout the City. The conveyance of
open space control to this organization could be conditioned so that
no relinquishment of open space lands could occur without a vote of
the electorate, thereby avoiding unrestrained use of the conveyed
authority.
Although this approach would place the control of open space lands
with a group of persons charged with the preservation of these lands
and precluded from indiscriminate relinquishment, a future Council
could regain control and relinquish open space by dissolving the
organization or by eliminating that particular area of authority
from the group' s purview.
2. Vote of the Electorate
A second method of preserving open space lands would be to subject
all relinquishments to a vote of the electorate. This method would
provide protection against the unwise release of open space lands
for other uses but would also subject sensible relinquishment to
normal or special election schedules .
To implement this method, the City Council could adopt an ordinance
which requires that all relinquishments be passed by a vote of the
electorate. To avoid a later rescission of the ordinance, it could
contain language which also precludes rescission without a vote of
the electorate.
3. General Plan Policy
A third method for preserving open space lands would include the
adoption of a General Plan policy as an amendment to the Open Space
Element. The policy could be worded to limit the City Council ' s
ability to relinquish open space, but still allow for relinquishment
that is in the public ' s best interest. Such a policy might be
worded as follows:
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Agenda Report
February 13, 1986
Page 3
"No open space easements ! or dedications of open space
lands shall be relinquished for other use without the
adoption of an ordinance approved by a four-fifths majority
of the City Council. Any change to this policy shall be the
single subject of a General Plan Amendment. "
The requirement of adopting an ordinance by four-fifths majority to
relinquish open space provides protection against the indiscriminate
release of open space by requiring four of five Councilmembers to
consent to the action, but still allows such action when that
proportion of a Council believes such action is in the best
interest of the community.
The adoption of an ordinance relinquishing open space might also
be made subject to referendum, and an unwise decision by a Council
could be brought to a vote of the electorate by that method.
Although a City Council could amend or delete this policy from the
General Plan, requiring such a change to be the single subject of a
General Plan Amendment would discourage such an action because the
proposed change or deletion of the policy would be highlighted by
being the sole subject of a public hearing. Staff believes that
this method provides the most desirable combination of protection
and flexibility.
RECOMMENDATION
It is recommended that the City Council consider and discuss each
of the proposed alternatives for preserving open space.
JLB :JEB:SME:cm
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