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Home My WebLink About1977-04-19; City Council; 5040; Projects Other Agencies Conformity to General Planry" CITY OF CARLSBAD AGENDA BILL NO. .�4/}t} Initial: Dept.Hd: DATE: April 19, 1977 C. Atty._),_. a DEPARTMENT: City Manager C. Mgr. !"l subiect: PROJECTS OF OTHER AGENCIES CONFORMITY TO GENERAL PLAN Statement of the Matter At the March 3, 1977 Council meeting, City Council requested additional information regarding the review of projects to be undertaken within the City of Carlsbad for conformity to the General Plan. The attached memo concerns the acquisition or disposition of property and the construction of projects generally. Public agencies are required by Government Code Section 65402 to submit project for a finding of conformity to the General Plan prior to initiating the project. No action by the City is necessary to make Section 65402 operative. If the Council desires to have a coordinated program of proposed public works compiled in accordance with the provisions of Section 65401, as set forth in the attached memo, the attached resolution should be adopted. Exhibit Memo to City Manager dated March 28, 1977. Resolution No.-11' Recommendation If the City Council desires to have a coordinated program of proposed public works prepared, adopt Resolution No.-, �10 Council action 4-19-77 Resolution #5057 was adopted,,providing for a coordinated Program of proposed public works. d j DATE: March 28, 1977 TO: CITY MANAGER FROM: Adminis-rative Assistant SUBJECT: GOVERNMENT CODE SECTION 65401 and 65402 Government Code :Section 65401 j Section 65401 requires, if a General Flan has been adopted, the governing body of any special district or school district whose jurisdiction lies wholly or partially within the city, and whose functions include recommending, preparing plans for, or constructing major public works, submit a list of proposed public works recommended for planning, initiation, or construction in the ensuing fiscal year. s The list shall be submitted within such time as may be fixed by the: City Council to an agency designated by the City Council. The agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of 1 proposed public works. Such coordinated program shall be submitted to the Planning Commission for review and report as to conformity i with the adopted General Plan. In order to implement Section 65401, the City Council should designate j the date for svbmittal of the required information and an agency of 7 the City to receive such information. It is suggested that the City Council be designated as the agency to receive the information from special and school districts. The City Manager would compile the information into a coordinated program for the ensuing fiscal year. The coordinated program would be submitted to the Planning Commission for review and report to the City Council as to conformity with the General Plan. In order to ensure timely preparation and review of the required reports, it is recommended that May 1 be designated as the date for submittal of the required information from special and school districts. Attached as Exhibit 1 is a draft resolution designating the City Council as the agency to receive the required information and'May 1 as the submittal date. The following special districts and school districts located wholly or partially within the City of Carlsbad would be required to submit a list of proposed public works: ,•'\ March 28, 1977 Page 2 Subject: Government Code Section 65401 and 65402 1. Carlsbad Unified School District 2. San Dieguito High School District 3. Encinitas Union Elementary District j 4. San Marcos Unified School District 5. MiraCosta Community College District 6. Palomar Community College District r i 7. Carlsbad Municipal Water District 8. Leucadia County Water District i 9. Olivenhain Municipal Water District 10. Belford Village Water District 11. San Marcos County Water District 12. Tri-City Hospital District 13. Palomar Resource Conservation District 14. North County Transit District Government Code Section 65402 Section 65402 deals with the acquisition, construction, or disposition } of property by cities, counties, and local agencies as defined. Paragraph (c) of Section 65402, provides that a local agency shall E not acquire realproperty for street, square, park, or other public purposes, nor dispose of any real property nor construct or authorize ' a public building or structure in any city if such city has adopted a { General Plan, until the location, purpose, and extent of such acquisition, disposition, or such public building or structure has been submitted to and reported upon by the Planning Commission having jurisdiction as to conformity to the adopted General Plan. If the Planning Commission disapproves the location, purpose, or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency means an agency of i f F ■, v c.. r March 28, 1973 Page 3 Subject: Government Code Section 65401 and 65402 the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state or county or city. (Paragraphs (a) and (b) of Section 65402 deal with acquisition, disposition, or construction by cities and counties). This paragraph requires a mandatory project by project review of proposed public works projects by,special districts and school districts, including those partially or wholly located within the city as well as those districts which may desire to build facilities within the city. In addition to special or school districts located wholly or partially within the city, agencies such as the Buena Sanitation District, Vista Sanitation District, Encinitas Sanitary District, or the San Diego County Water Authority would need to submit their projects for a review as to conformity to the General Plan before proceeding with acquisition or construction on such a project within Carlsbad city limits. FRA K N. MAhTi3EN Administrative Assistant FNM:vm Att . ICJ f 1 RESOLUTION I�0. 5057 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA 3 PROVIDING FOR A COORDINATED PROGRAM OF PROPOaED PUBLId' WORKS 5 WHEREAS, Government Code Section 65401 provides for the 6 preparation of a coordinated program for proposed public woi.ks; and . 7 WHEREAS, the City of Carlsbad has officially adopted a 8 General Plan; and 9 WHEREAS, Government Code Section 654-01 provides that the 10 governing bodies of any special district or school district whose 11 jurisdiction lies wholly or partially within the city and whose 14functions include recommending, preparing plans for, or constructing 13 major public works, shall submit a list of the proposed public works 14 recouu-nended for planning, initiation, or construction during the 15 ensuing fiscal year to an agency designated by the City Council;. and 16 VHEREAS, the agency receiving the list of public works shall 17=nrepare a coordinated program of proposed public works to be 18Isubmitted to the Planning Commission of the City of Carlsbad for 19�review and report as to conformity with the General Plan; 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ?1 of Carlsbad, California as follows: 22 1. Special districts and school districts located wholly or 23 partially within the City of Carlsbad shall submit a list of 2`1proposed public works recommended for planning, initiation, or 251,construction during the ensuing fiscal year to the City Council of 26 the City of Carlsbad. 27 2. The list shall be submitted prior to May 1 each year. 28 i I 1 3. The City Manager shall cause to be prepared, a coordinat 2 program of proposed public works for submittal to the Planning 3 Commission. 4 9. The Planning Commission shall review the coordinated 5 program for conformity to the General Plan of the City of Carlsba 6 and shall report its findings to the City Council. 7 PASbk,'D, APPROV0, AND ADOPTED at a regular meeting of the 8 Carlsbad City Council held the 19th day of April , 19 g by the following vote, to wit: 10 AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler 11 NOES: None 12 ABSENT: None 13 14 15 r 16 17 ROBERT C. FRAZEE, Mayor 18 ATTEST: 19 , �' f / 4' +wA 20 LARGARET E. ADAMS, City clerk 21 (SEAL) 22 23 24 25 26 27 28 1