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Res 88-084RESOLUTION NO. 88-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AN INITIATIVE REQUIRING THE PREPARATION OF A "QUALITY OF LIFE PLAN", REQUIRING APPROVAL OF SUCH PLAN BY THE POWAY CITY COUNCIL AND BY THE VOTERS AND, IF THE "QUALITY OF LIFE PLAN" IS NOT APPROVED BY THE VOTERS IN A FUTURE ELECTION, A MORATORIUM IS IMPOSED ON DISCRETIONARY ZONE CHANGES AND GENERAL PLAN AMENDMENTS WHEREAS, Elections Code Section 4011 provides that an initiative petition certified as sufficient by the City Clerk pursuant to that section shall be submitted to the voters at the next regular municipal election. WHEREAS, the City Clerk has certified as sufficient the petition proposing the initiative measure attached hereto and marked Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF POWAY AS FOLLOWS: 1. There shall be placed upon the ballot of the General Municipal Election of the City to be conducted November 8, 1988, that initiative measure attached hereto, marked Exhibit "A", and by reference made a part hereof. 2. That on the ballots to be used at said General Municipal Election, in addition to any other matters required by law, and in addition to any other matters specified in the resolution calling said election, there shall be printed substantially the following: Shall there be adopted in the City of Poway the following: An initiative requiring the preparation of a "Quality of Life Plan", requiring approval of such plan by the Poway City Council and by the voters and, if the "Quality of Life Plan" is not approved by the voters in a future election, a moratorium is imposed on discretionary zone changes and General Plan Amendments? NO 3. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the ordinance. A cross {+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the ordinance. Resolution No. 88-084 Page 2 4. The initiative measure submitted by this resolution shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10219 of the Elections Code. PASSED, ADOPTED AND APPROVED, by the City Council of the City of Poway, California, at a regular meeting thereof this 2nd day of August, 1988. Robert C. Emery, Mayor ~ ATTEST: Marjori~ Wahlsten, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 88-084 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of August, 1988, and that it was so adopted by the following vote: AYES: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NOES: NONE ABSTAIN: NONE ABSENT: NONE City of ~,~ay , City Clerk 5-1/E/Qualityl-2/CP18 THE POWAY QUALITY OF LIFE PRESERVATION INITIATIVE Section 1 - Statement of Purpose and Iptent. The purpose and intent of this measure is. 1. To preserve and protect the City of Poway's unique topography, natural beauty, diversity, environmentally sensitive lands, natural resources, and rural character and to ensure that future growth does not have a harmful effect on the citizens' quality of life; 2. To allow growth management planning to occur within the City of Poway in an orderly manner; 3. To assure that the essential elements in the General.Plan of the City of Poway which preserve the citizens' quality of life are incorporated into a "Quality of Life Plan" that can be amended or repealed only by a majority of the voters at a special or general election; 4. To assure that the growth management planning process in the City of Poway is the result of thoughtful and thorough input from all the citizens of the community, the City Council, and the Staff of the City Planning Department; 5. To address fully both the City of Poway's and regional concerns in the growth management planning process. Section 2 - Findings. 1. The existing General Plan of the City of Poway is a blueprint for land use planning within the City of Poway that satisfies the requirements of state planning and zoning laws but is not sufficiently detailed to address adequately "Quality of Life Issues,' so critical to presel-ving and enhancing the unique rural character of the City of Poway. adequately2- Specifically, the General Plan does not protect "Quality of Life Issues," including air quality, traffic, water, sewer, environmentally sensitive lands and open space, parks and recreation, schools, police, fire, and emergency medical service, flood control and drainage, infrastructure financing, orderly and sensitive residential, commercial, and industrial development, and the general economic well being of the City of Poway to the degree necessary to assure that the quality of life for the citizens of Poway both now and in the future will be retained. 3. The recently introduced "Resolution No. 88 - A Resolution of the City Council of the City of Poway, California, Submitting to the Qualified Electors of the City an Ordinance Requiring Voter Approval of Land Use Changes to Certain Property if Such Changes Would Increase the Density EXHIBIT A or Intensify the Use Permitted by Law," or as it is more commonly called the "Emery Initiative," if approved by the voters, would not resolve problems associated with overcrowded schools, traffic congestion, and traffic flow patterns, would not regulate commercial and industrial development, and would leave unprotected many other critical resource areas of the City of Poway, while it would allow piecemeal development of currently undeveloped areas of the City of Poway in an inconsistent manner without adequate regard for "Quality of Life Issues" and development limitations contained in the existing General Plan of the City of Poway. 4. This Poway Quality of Life Preservation Initiative, if adopted, will conflict with the basic provisions of the "Emery Initiative,, because the "Emery Initiative,, would allow development potentially inconsistent with both the existing General Plan of the City of Poway and the goals and objectives of the "Quality of Life Plan" prior to its approval by the voters. Section 3 - General Provisions. 1. Within 45 days of voter approval of this Initiative the City Council shall form a citizens, advisory committee which, in conjunction with the Staff of the Poway Planning Department, shall prepare a recommended draft "Quality of Life Plan" within 6 months after the formation of the citizens' advisory committee. Each member of the City Council shall select three members of the committee. In addition to the fifteen appointed members, the City Council shall select a chairperson of the committee who may vote only in the event of a tie. The committee shall meet regularly pursuant to noticed public hearings in which public testimony from all interested parties shall be encouraged. 2. The draft "Quality of Life Plan" shall be submitted to the City Council which, after public hearings, shall adopt the "Quality of Life Plan" as recommended or with revisions not later than 9 months following voter approval of this Initiative. 3. After adopting the "Quality of Life Plan," the City Council of Poway shall submit the approved "Quality of Life Plan" to the Registrar of Voters for a vote by the citizens of the City of Poway at the earliest available special or general election conducted within the City of Poway. The "Quality of Life Plan" shall become effective upon voter approval. 4. The "Quality of Life Plan" shall address at least the following issues: air quality, traffic, water, sewer, environmentally sensitive lands and open space, parks and ~ecreation, schools, police, fire, and emergency medical servlce, flood control and drainage, infrastructure financing, orderly and sensitive residential, commercial, and industrial development, and the general economic well being of the City of Poway. 5. If the citizens of Poway do not approve the City Council-adopted "Quality of Life Plan" by a majority vote of those casting votes, a moratorium on all discretionary zone changes and General Plan amendments shall become immediately effective and shall remain in effect until such time as the voters approve a "Quality of Life Plan" in a subsequent special or general election. 6. If this Poway Quality of Life Preservation Initiative receives more votes than the "Emery Initiative,,, it shall take precedence over that initiative and be effective in place of the "Emery Initiative,,, as provided for in Article 2, Section 10(b) of the California Constitution. Section 4 - Implementation. 1. Severabilit . If any section, subsection, sentence, clause, phrase, part, or portion of this measure is for any reason held to be invalid or unconstitutional by a final judgment of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this initiative measure. It is hereby declared that this initiative measure and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. 2. Amendment on Repeal. This measure may be amended or repealed only by a majority of the voters voting in an election thereon. 3. Effective Dat,. Effective Date is the day ~ediately following its passage by the voters at the P~lls. 4 ,,- .. a~. Each year after voter approval of the uuality of Life Plan,- the City Council shall hold a duly noticed public hearing to review the "Quality of Life Plan.,, Any changes to the "Quality of Life Plan" may be submitted to the Registrar of Voters to be included in the next subsequent general or special election, and such amendments if approved by the voters shall become effective immediately upon passage by voters at the polls. If such amendmeots are not approved by the voters, the previously voter-approved "Quality of Life Plan" shall remain in effect unless and until amended by a majority vote of the voters. financing, orderly and sensitive residential, commercial, and industrial development, and the general economic well being of the City of Poway. 5. If the citizens of Poway do not approve the City Council-adopted "Quality of Life Plan" by a majority vote of those casting votes, a moratorium on all discretionary zone changes and General Plan amendments shall become immediately effective and shall remain in effect until such time as the voters approve a "Quality of Life Plan" in a subsequent special or general election. 6. If this Poway Quality of Life Preservation Initiative receives more votes than the "Emery Initiative,,, it shall take precedence over that initiative and be effective in place of the "Emery Initiative,,, as provided for in Article 2, Section 10(b) of the California Constitution. Section 4 - Implementation. 1. Severabilit . If any section, subsection, sentence, clause, phrase, part, or portion of this measure is for any reason held to be invalid or unconstitutional by a final judgment of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this initiative measure. It is hereby declared that this initiative measure and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. 2. Amendment on Repeal. This measure may be amended or repealed only by a majority of the voters voting in an election thereon. 3. Effective Date. Effective Date is the day immediately following its passage by the voters at the polls. 4. ~. Each year after voter approval of the "Quality of Life Plan,', the City Council shall hold a duly noticed public hearing to review the "Quality of Life Plan." Any changes to the "Quality of Life Plan" may be submitted to the Registrar of Voters to be included in the next subsequent general or special election, and such amendments if approved by the voters shall become effective immediately upon passage by voters at the polls. If such amendments are not approved by the voters, the previously voter-approved "Quality of Life Plan" shall remain in effect unless and until amended by a majority vote of the voters.