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Item 5 - Open Space Preservation Ordinance AGENDA 'REPORT of eo�Rr CITY OF POWAY I \ \ F� ,< \n1'IN THE cOV'-� TO: Honorable Mayor; and Members of the City Council cib 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. 1 n � ® J.1 eibert , Deputy City Clerk FEB 13 1986 ITEM 9 1 of .3 4® • Agenda Report February 13, 1986 Page 2 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: 2 of 3 FEB 13 1986 ITEM 5 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 3 o f 3,_ FEB 13 1986 ITEM 5