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.