HomeMy WebLinkAbout1989-12-12; City Council; 10413; Amendment to SANDAG Joint Powers Agreement4. a Ly) ‘A 3 CIT” OF CARLSBAD - AGEND- BILL
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TITLE: AMENDMENT TO SANDAG JOINT POWERS AGREEMENT AND BYLAWS/REGIONAL PLANNING AND GROWTH MANAGEMENT REVIEW BOARD
CITY A
CITY MG
RECOMMENDED ACTION:
That the City Council adopt Resolution No. ? {fy! approving the 8th amendment to the joint powers agreement San Diego Association of Governments (SANDAG) to establish the regional planning and
growth management review board and an amendment to SANDAG bylaws
to allow for the appointment of a technical committee.
ITEM EXPLANATION
The SANDAG Board of Directors, at its October 27, 1989 meeting, voted to ask its members agencies, including the City of Carlsbad, to consider and approve recommended amendments to the SANDAG joint powers agreement and bylaws to establish SANDAG as the regional planning and growth management review board as recommended by the Proposition C Blue Ribbon Growth Control Committee. The bylaws amendment would allow the board to appoint a technical advisory committee composed of staff from the member agencies. A copy of the letter dated November 13, 1989 from the SANDAG executive director is attached.
If the City Council concurs your action is to adopt Resolution No. 7d432 approving the joint powers agreement and bylaws amendme ts.
EXHIBITS
Letter from SANDAG dated Resolution No. 11/ 13/89
RESOLUTION NO. - 89-434
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE 8TH AMENDMENT TO THE JOINT POWERS AGREEMENT SAN DIEGO ASSOCIATION
OF GOVERNMENTS (SANDAG) AND BYLAWS AMENDMENT
TO ESTABLISH SANDAG AS THE REGIONAL PLANNING
AND GROWTH MANAGEMENT REVIEW BOARD.
WHEREAS, the Proposition C Blue Ribbon Committee and
SANDAG's Board of Directors have recommended and the City Council
agrees that SANDAG should be established as the regional planning
and growth management review board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitation is true and correct.
2. That the Mayor approve and execute the 8th amendment
to the JPA SANDAG attached as Exhibit 1 and the proposed amendment
to SANDAG bylaws attached as Exhibit 2.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
12th day of December City Council of the City of Carlsbad on the
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Mamaux, and Pettine
NOES: None.
ABSENT : None.
ATTEST:
lLk?&L lK&&A%+ ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
ATTACHMENT 1
EIGHTH AMENDMENT TO THE JOINT POWERS AGREEMENT SAN DIEGO ASSOCIATION OF GOVERNMENTS
THIS EIGHTH AMENDMENT to the Joint Powers Agreement is made between the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escon- dido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and the County of San Diego, hereinafter collectively or individually referred to as "Member Agencies".
RECITALS
WHEREAS, SANDAG has proposed a change in the Joint Powers Agree- ment to implement the recommendations of the Blue Ribbon Committee pursuant to Proposition C,(approved by the-votersin November 1988); and
WHEREAS, said change requires an amendment to the SANDAG Joint Powers Agreement; and
WHEREAS, the Board of Directors authorized distribution of this amend- ment to the Member Agencies for their concurrence;
NOW THEREFORE, in consideration of these recitals, Member Agencies agree as follows:
I. That Section 1 of said Joint Powers Agreement be amended to read as follows:
1. Definitions The followina terms shall have the meaninas ascribed to them within this section unless the content of the& use dictates other- wise:
a. ttRegionw shall mean that territory physically lying within the boundaries of the County of San Diego.
- b. "Regional Board" shall mean the Regional Planning and Growth Management Review Board.
c. wPopulationw of any Member Agency shall mean that popula- tion last determined for each Member Agency as certified by the State Department of Finance as of April 1, of each year, or if no certification has been made, the last Federal Decen- nial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the unincorporated area of the County. The population of the region shall be that population determined by adding the population of each Member Agency.
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d. "Fiscal Year" shall mean that year beginning July 1, and ending June 30.
11. That Subsections 4.A. and 4.B. be added to said Joint Powers Agreement to read as follows:
- 4.A. Establishment of Regional Planning and Growth Management Review Board
In addition to the purposes and gowers set forth herein, SANDAG is hereby designated and shall serve as the Regional Planning and Growth Management Review Board. The Regional Board shall be governed by this Joint Powers Agreement.
The issues the Regional Board shall address shall include, but not be limited to: quality of life standards and objectives; holding capaci- ties; growth rate policies; growth phasing; regional land use distri-
~~ ~ bution; growth monitoring; open space preservation; significant regional arterials; transportation system management; transporta-
_. tion demand management; siting and financing regional facilities; fiscal abilities and responsibilities; consistency of regional and local plans; and regional growth management strategy.
- 4.B. Self-certification
Member Agencies agree to determine ("self-certify") the consis- tency of the pertinent elements of their general plans with regional plans. Upon request by a Member Agencv, the Regional Board will review these self-certifications, and make comments and recom- mendations regarding consistency. Where determined by the Regional Board to be appropriate, the Regional Board shall use SANDAG's Conflict Resolution Procedure for resolving disputes among Member Agencies. The Regional Board shall adopt rules to establish the self-certification process.
III. That Section 7 of said Joint Powers Agreement be amended to read as follows:
7. Governing Board of SANDAG
All powers of this Organization shall be exercised by the Board of Directors. The Board of Directors shall be composed of one pri- mary representative selected by the governing body of each Member Agency to serve until recalled by the governing body of said Member Agency. Each director must be a mayor, councilman, or supervisor of the governing body which selected him. Vacancies shall be filled in the same manner as originally selected. Each Member Agency shall also select in the same manner as the primary representative one alternate to serve on the Board of Directors when the primary representative is not available. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representa- tive.
2
At its discretion, each Member Agency may select a second alter- nate, in the same manner as the primary representative, to serve on the Board of Directors in the event that neither the primary repre- sentative nor the regular alternate is able to attend a meeting of the Board of Directors. Such alternate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative.
*.
The primary and alternate representatives of the SANDAG Board of __ . .. . -. Directors shall also serve as members of the Board of Directors when exercising the powers and duties of the Regional Board.
The Board of Directors may allow for the appointment of advisory ' representatives to sit with the Board of Directors but in no event
shall said representatives be allowed to vote.
Each director or a designated alternate acting in a director's absence, may receive reimbursement from SANDAG for out-of- pocket and travel expenses incurred by such director or alternate _.on. approved. organizational .business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each director, or a designated alternate acting in a director's absence, shall also receive $75.00 for each Board meeting or Executive Committee meeting attended. The Chairman
shall receive additional monthly compensation in an amount estab-
lished from time to time by the Board of Directors.
IV. That all other terms and conditions of said Agreement entered into on August 23, 1972, as amended, among Member Agencies shall remain in full force and effect.
V. That the Eighth Amendment will become effective on that date the last Member Agency approves the amendment.
IN WITNESS WHEREOF, each of the following Member Agencies has caused this Eighth Amendment to the Joint Powers Agreement to be executed by having affixed thereto the signature of the agent of said Agency authorized by dy of that Agency.
for City of National City Date
for City of Oceanside Date BY BY for City of Chula Vista Date
for City of Poway Date BY Bs for City of Coronado Date
3
BY BY for City of Del Mar Date for City of San Diego Date
BY for City of El Cajon Date
BY for City of Encinitas Date
BY for City of Escondido Date
for City of Imperial Beach Date BY
BY for City of La Mesa Date
BY for City of Lemon Grove Date
BY for City of San Marcos Date
BY for City of Santee Date
BY for City of SoIana Beach Date
BY for City of Vista Date
BY for County of San Diego Date
4
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ATTACHMENT 2
PROPOSED AMENDMENT TO SANDAG BYLAWS
Section lb. of Article VI1 of the SANDAG Bylaws requires notice to Member Agen- cies of a proposed change to the Bylaws prior to action by the SANDAG Board.
The Blue Ribbon Committee has recommended that Article I1 of said Bylaws be amended by adding Section 6 to read as follows:
Section 6
The Board of Directors shall appoint a Technical Committee which shall be a standing committee composed of management staff members from Member Agencies to advise the Board of Directors in the conduct of their responsibili- ties as the Regional-Planning h Growth Management Review Board.
San Diego
ASSOCIATION OF
GOVERNMENTS
Suite 800, First Interstate Plaza
401 B Street
San Diego, California 92101
619/236-5300 Fax 61 91236-7222
Ray Patchett
City Manager City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
Dear Mr. Patchett:
The Proposition C Blue Ribbon Committee and SANDAG's Board of Directors have
completed their recommendations regarding an appropriate organizational structure
for a cooperative approach to regional growth management.
At its meeting of October 27, 1989, the SANDAG Board of Directors voted to distribute to the Member Agencies for their consideration and approval recommen- ded amendments to SANDAG's Joint Powers Agreement (JPA) and By-Laws. These recommended amendments are attached to this letter.
The proposed JPA amendments, if approved by the Member Agencies' governing bodies, would establish SANDAG as the Regional Planning and Growth Management Review Board. The proposed By-Laws amendment would establish a technical committee composed of Member Agencies' management staff to advise the Board of Directors in the conduct of their responsibilities as the Regional Planning Board.
These recommended changes were proposed by the Blue Ribbon Committee which was established to implement Proposition C, the Regional Planning and Growth Control Measure.
The Board also directed that a written opinion of SANDAG's legal counsel on the effect of these proposed changes be distributed along with the proposed amend- ments. The Board is requesting a review period by the Member Agencies of up to
90 days. Therefore, we are requesting that you place these items on your agency's agenda for consideration and action in the near future.
For your convenience, the following is a list of the attachments to this letter and
the action requested for each:
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa,
Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego.
ADVISORY/LtAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California Norte.
Attachment No. Action Requested
1. Eighth Amendment to the Joint Powers Agreement, San Diego Association of Governments
2. Proposed amendment to SANDAG By-Laws
3. SANDAG Board of Directors' Report "f", (October 27, 1989) summarizing the Proposition C Blue Ribbon Committee's recom-
menda t ions
4. SANDAG Legal Counsel's opinion on the effect of these proposals
Consideration and approval by the
City Councils/Board of Supervisors
Review by City Councils/Board of Supervisors. (By-Law amendments require a 2/3 majority vote of the
Board of Directors.)
Information
Inform a tion
If you or your staff have any questions about this matter, please call me at 236-
5330 or Stuart Shaffer at 236-5331. We would be pleased to discuss these items with you and your agency's elected officials. We look forward to hearing from you soon on this important issue.
Executive Director
KES/SRS/cd
Attachments
cc: City Attorneys/County Counsel
ATTACHMENT -3
5131 Dw Association of Governments
BOARD OF DIRECTORS
October 27, 1989 AGENDA REPORT No.: f
RECOMMENDATIONS OF THE PROPOSITION C
BLUE RIBBON COMMITTEE REGARDING THE REGIONAL
PLANNING AND GROWTH MANAGEMENT REVIEW BOARD
Introduction
On October 19, 1989, the Proposition C Blue Ribbon Committee recommended amendments to SANDAG's Joint Powers Agreement (JPA) and By-Laws (see attached Blue Ribbon Committee report). The JPA amendments, if approved by all
of the cities and the County, .would establish SANDAG as the Regional Planning and Growth Management Review Board. The city councils and Board of Supervisors
would retain complete discretion over their selection of Board of Directors' repre-
sentatives and alternates.
The proposed By-Laws amendment would establish a technical committee composed of member agencies' management staff to advise the Board in the conduct of their responsibilities as the Regional Planning Board, By-Law amendments require a two-thirds majority vote of the Board of Directors.
It is my
RECOMMENDATION
that (a) the proposed amendments to the Joint Powers Agreement be distributed to each city council and the Board of Supervisors for their consideration and approval, with a recommended maximum review period of 90 days; (b) the recommended By- Laws amendment also be distributed for review prior to Board of Directors' action on it; and (c) the San Diego Unified Port District be asked to participate as an
advisory member of the Board, in addition to the U.S. Department of Defense, California Department of Transportation, and Tijuana (already members of SANDAG).
Discussion
The recommended amendments, together with the Committee's report, constitute
the primary products of the Blue Ribbon Committee's deliberations. Accordingly,
the Committee Chairman, Supervisor Brian Bilbray, has declared the Blue Ribbon - Committee's work completed.
Executive Director
Attachment
ATTACHMENT
DRAFT AMENDMENT TO THE SANDAG JOINT POWERS AGREEMENT ESTABLISHING SANDAG AS THE REGIONAL
BOARD PROPOSED IN PROPOSITION C, THE REGIONAL PLANNING AND GROWTH CONTROL INITIATIVE
INTRODUCTION
The purpose of this report is to provide the Blue Ribbon Committee an opportunity to a
review and comment on a proposal to amend the SANDAG Joint Powers Agreement (JPA) and Bylaws in order to implement the Committee's recommendations contained in the report dated June 23, 1989. The proposed amendments to the JPA and Bylaws are under-
lined and shown in the context of the Sections of the JPA and Bylaws to be amended. Nothing is proposed to be deleted from SANDAG's existing JPA or Bylaws. The entire JPA has been provided to you as an attachment to the Committee's June 23rd report.
.. The-amendments for the most part are self-explanatory and are summarized as follows:
1.
2.
3.
4.
5.
Amend Section 1 of the JPA to include a definition of the Regional Board. Add Section 4.A to the JPA designating SANDAG as the Regional Board.
Add Section 4.B to the JPA establishing the self-certification process. Amend Section 7 of the JPA to clarify Regional Board membership. Add Section 6 to Article I1 of the Bylaws to establish the Technical Committee.
Regarding 4 above (the amendment to Section I), the Blue Ribbon Committee recom- mended that Member Agencies be authorized to appoint any governing body member to serve as their representative to the Regional Board. Section 7 of the JPA will provide for this by authorizing either the primary or alternate SANDAG Board member to serve when SANDAG is acting as the Regional Board, or the Member Agency may appoint a second alternate to the SANDAG Board if another governing body member who is not currently a regular or alternate member desires to serve.
The primary rationale for using the same selection process is that it would avoid poten- tial duplication of effort by the SANDAG and Regional Boards while at the same time allowing any one of three elected officials from any Member Agency an opportunity to serve. This process will leave complete discretion to the Member Agency itself. Many of the plans and issues which are developed or addressed by SANDAG will also be addressed by the Regional Board. For example, SANDAG is required by state law to develop and adopt the Regional Transportation Plan. This year the plan includes the
regional arterials. The Blue Ribbon Committee recommends that the Regional Board
also address regional arterials. By having different representatives address the same
issue, there is certainly the opportunity for duplicative effort and potential inconsis- tency. Furthermore, it might be difficult to divide responsibilities on items such as this. By maintaining the SANDAG selection provisions for the Regional Board (as is done
in the case of the Regional Transportation Commission), this problem would be avoided.
Funding and administrative problems would also be minimized using this approach.
The version of the amendments approved by the Committee will next be submitted to the SANDAG Board of Directors for distribution to all cities and the County for action. Unanimous agreement is necessary to amend the JPA.
1
PROPOSED AMENDMENT TO SANDAG JOINT POWERS AGREEMENT
1.
4.A.
4.B.
7.
Definitions
The following terms shall have the meanings ascribed to them within this section unless the content of their use dictates otherwise:
a. "Region" shall mean that territory physically lying within the boundaries of the County of San Diego.
"Regional Board" shall mean the Regional Planning and Growth Management Review Board. - b.
c. "Population" of any Member Agency shall mean that population last deter- mined for each Member Agency as certified by the State Department of Finance as of April 1, of each year, or if no certification has been made, the last Federal Decennial Census, except that the population of the County of San Diego shall be that population determined in the same manner for the
unincorporated area of the County. The population of the region shall be
that population determined by adding the population of each Member Agency.
d. "Fiscal Year" shall mean that year beginning July 1, and ending June 30.
Establishment of Regional Planning and Growth Management Review Board
In addition to the purposes and powers set forth herein, SANDAG is hereby desig- -- nated and shall serve as the Regional Planning and Growth Management Review
Board. The Regional Board shall be governed by this Joint Powers Agreement.
The issues the Regional Board shall address shall include, but not be limited to: quality of life standards and objectives; holding capacities; growth rate policies; growth phasing; regional land use distribution; growth monitoring; open space preservation; significant regional arterials; transportation sys t e m manage men ti transportation demand management; siting and financing regional facilities; fiscal ability and responsibility; consistency of regional and local plans; and regional growth management strategy.
Self-Certif ication
Member Agencies avee to determine ("self-certify") the consistency of the perti- nent elements of their general plans with regional plans. Upon request by a Member Agency, the Regional Board will review these self-certifications, and make findings regarding consistency. Where determined by the Regional Board to
be appropriate, the Regional Board shall use SANDAG's Conflict Resolution
Procedure for resolving disputes among Member Agencies. The Regional Board
shall adopt rules to implement this Section.
Governing Board of SANDAG
All powers of this Organization shall be exercised by the Board of Directors. The Board of Directors shall be composed of one primary representative selected by the governing body of each Member Agency to serve until recalled by the govern- ing body of said Member Agency. Each director must be a mayor, councilman, or
2
supervisor of the governing body which selected him. Vacancies shall be filled in
the same manner as originally selected. Each Member Agency shall also select in the same manner as the primary representative one alternate to serve on the Board of Directors when the primary representative is not available. Such alter- nate shall be subject to the same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative.
At its discretion, each Member Agency may select a second alternate, in the same manner as the primary representative, to serve on the Board of Directors in the
event that neither the primary representative nor the regular alternate is able to attend a meeting of the Board of Directors. Such alternate shall be subject to the
same restrictions and have the same powers, when serving on the Board of Directors, as the primary representative.
The primary and alternate representatives of the SANDAG Board of Directors shall also serve as members of the Board of Directors when exercising the powers and duties of the Regional Board.
The Board of Directors may allow for the appointment of advisory representatives to sit with the Board of Directors but in no event shall said representatives be allowed a vote.
Each director or a designated alternate acting in a director's absence, may receive reimbursement from SANDAG for out-of-pocket and travel expenses incurred by such director or alternate on approved organizational business. Except where prohibited by the charter, or any ordinance, rule, regulation, or policy of a Member Agency, each director, or a designated alternate acting in a director's absence, shall also receive $75.00 for each Board meeting or Executive Commit- tee meeting attended. The Chairman shall receive additional monthly compen- sation in an amount established from time to time by the Board of Directors.
3
PROPOSED AMENDMENT TO SANDAG BYLAWS
ARTICLE I1
MEMBERSHIP AND ORGANIZATION
Section 1
Membership in this Organization shall be as provided in the Joint Powers Agree- ment of August 23, 1972.
Section 2
a. All powers of this Organization pursuant to the Joint Powers Agreement shall be exercised by the Board of Directors.
b. Only the duly selected official representative, or in his absence, his duly selected alternate or alternates as provided for in the Joint Powers Agree- ment, shall be entitled to represent his member agency in the deliberations of the Board of Directors.
c. Names of the official representatives and alternates shall be communicated in writing to the Organization upon its initial formation by each participating Member Agency and shall thereafter be annually communicated or reaffirmed prior to the June meeting of the Board of Directors and at such other times as changes in representation are made by Member Agencies.
Section 3
a. There shall be an Executive Committee composed of five members: the Chairman and Vice Chairman of the Board of Directors, the immediate past Chairman of the Board of Directors, and the Board of Directors' members from the County of San Diego and the City of San Diego. In the event that the Board of Directors' representative from the County of San Diego or the City of San Diego is a member of the Executive Committee by virtue of his office in the Board of Directors, the permanent seat on the Executive Committee for his jurisdiction shall be filled instead by a member of the Board of Directors from a Member Agency other than the County of San Diego or the City of San Diego, who shall be elected by the Board of Directors. If the Immediate Past Chairman is no longer a member of the Board of Directors, that seat on the Executive Committee shall be filled instead by a member of the Board of Directors, other than the representative of the County or City of San Diego, who shall be elected by the Board of Directors.
b. Each jurisdiction which has membership in this committee shall have no more than one vote in Executive Committee proceedings.
c. Whenever a member is not present at a meeting of the Executive Committee, a prescribed alternate may act as a member. There shall be three alternates at large, who shall be members of the Board of Directors (other than members
from the County of San Diego and the City of San Diego) elected by the Board of Directors as first alternate, second alternate, and third alternate. The
alternate for the County of San Diego and the alternate for the City of San
Diego shall be the regular selected alternates to the Board of Directors for these jurisdictions. In the event the County of San Diego or the City of San Diego members are absent from an Executive Committee meeting, their respective alternates may act 8s a member. In the event any other regular Board of Directors' representative is absent, the first alternate may act, or in his absence, the second alternate may act; or in their absence, the third alter- nate may act. In the absence of any two regular Board of Directors' repre- sentatives, other than the County of San Diego and the City of San Diego, the first, second, and third alternates may act.
d. If either the City or County of San Diego is not a Member Agency, an alternate
at large may act in the absence of the City or County of San Diego representa- tive or alternate in accordance with the procedure set forth in Article I1 Section 3(c) for action by alternates at large.
Section 4
The Board of Directors shall have the authority to appoint all additional commit- tees or subcommittees and may provide for the appointment of alternates to these com mittees.
a. Additional standing committees may be appointed by the Board of Directors as may be required to carry out general and continuing functions and may be
abolished only upon specific action by the Board of Directors.
b. Ad hoc specialized subcommittees may be appointed by the Board of Directors as the need arises to accomplish specific tasks. Upon completion of its assignment, each ad hoc subcommittee shall disband.
Section 5
The Board of Directors shall appoint a Shoreline Erosion Committee which shall be a standing committee responsible for carrying out those functions assigned it by the Board of Directors. The Committee shall be appointed by the Board of Directors and may be composed of Board members and other appropriate individuals.
Section 6
The Board of Directors shall appoint a Technical Committee which shall be a stand- ing committee composed of management staff members from member agencies to advise the Board of Directors in the conduct of their responsibilities as the
Regional Planning & Growth Management Review Board.
4 ATTACHMENT #4
San Mego
ASSOCIATIOX OF
Suite 800, First Interstate Plaza
401 B Street
Sen Diego, California 92101
6191236-5300 Fax 6191236-7222 November 13, 1989
TO: Board of Directors
FROM: General Counsel
RE: Possible Legal Implications for SANDAG Member Agencies Asso- ciated With a Proposed Amendment to the SANDAG Joint Powers Agreement Adding Section 4.1. Describing the Issues the Regional Planning and Growth Management Review Board Shall Address
Question: You have requested that we review the possible legal implications for
SANDAG member agencies which might result from the proposed amendment to the
SANDAG Joint Powers Agreement (JPA) being approved.
Answer: Approval and implementation of the amendment through the development of voluntary plans and programs would not have any significant effect from a legal perspective on member agency land use decisions.
Discussion: The amendment would add a new Section 4.A. to the JPA entitled "Establishment of Regional Planning and Growth Management Review Board" to read as follows:
"In addition to the purposes and powers set forth herein, SANDAG is hereby designated and shall serve as the Regional Planning and Growth Management Review Board. The Regional Board shall be governed by this Joint Powers
Agreement.
The issues the Regional Board shall address shall include, but not be limited to: quality of life standards and objectives; holding capacities; growth rate policies; growth phasing; regional land use distribution; growth monitoring; open space preservation; significant regional arterials; transportation
system management; transportation demand management; siting and financ- ing regional facilities; fiscal abilities and responsibilities; consistency of
regional and local plans; and regional growth management strategy."
This proposed amendment to the SANDAG JPA must be reviewed in the context of
the entire JPA. Section 3 describes the purpose of SANDAG which is "to engage in
regional cooperative comprehensive planning to assist the Member Agencies." This provision is subject to certain limitations described later in that same section which state:
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa.
Lemon Grove, National City, Oceanside. Poway, San Diego, San Marcos, Santee, Solana Beach, Vista and County of San Diego.
ADVISORY/LIAISON MEMBERS: California Department of Transportation, US. Department of Defense and Tijuana/Baja California Norte.
"Any recommendations, plans or programs promulgated by SANDAG shall be advisory only. Neither the San Diego Association of Governments nor a majority of the members thereof shall have the authority to impose any plan, duty, obligation or other responsibility upon any Member Agency * thereof without the consent of such Agency; further, no Agency shall be required to do anything it does not specifically agree to dott.
This limitation on the effect of plans and programs promulgated by SANDAG will also apply to the Regional Board. For this reason, a member agency would have to take some formal action to cause the plans or programs developed by the Regional Board to have legal effect in its jurisdiction.
'
It should be emphasized that the voluntary plans and programs developed by SANDAG should be distinguished from those that are mandated by state or federal law. Regional plans and programs mandated by law such as the regional transporta- tion plan (Government Code Section 65080), comprehensive airport land use plans (Public Utilities Code Section 21670 et seq.), the regional housing needs statement (Government Code Section 65584 et seq.) and the regional air quality plan (42 U.S.C. Section 7401 et seq.) by law have various legal implications for member agencies that voluntary plans and programs do not have.
Certainly, both voluntary and mandated plans and programs can be offered as evidence in litigation involving member agencies, but this possibility alone probably should not be considered substantial enough to warrant defeat of the amendment.
Also, although amending the SANDAG JPA has been suggested as the appropriate method to implement Proposition C (approved by the voters as an advisory measure in November, 1988), it would not be subject to the legal requirements that would be applicable to a mandatory voter approved initiative. As stated in Elections Code Section 5353, !'the results of the advisory vote will in no manner be controlling on the sponsoring legislative body". Even if it is assumed that the plans and programs developed pursuant to the amendment are mandatory and binding on member agen- cies, it is within the discretion of the Regional Board not to adopt any plan or program if it would have negative legal implications for any member agencies. This discretion is clearly available because the Regional Board is only required by the provisions of the amendment to address the issues listed in the amendment, no specific plans or programs are required.
'
One observer has commented that It is important to recognize that the California
courts have enunciated the state constitutional doctrine of "regional general wel-
fare" in which the Courts will review the reasonableness of local and municipal land use decisions, plans and approvals against the larger perspective of the welfare of
the region. We are unaware of any case where the California courts have voided or overturned a local land use decision by applying this doctrine in reference to a voluntary regional plan or program. The California courts have, however, recog- nized that local government is the proper entity to make value judgments and weigh the complex needs of its constituents and the region within the parameters estab-
lished by the California Constitution and, where applicable, the state Legislature.
Finally, if the amendment is approved and the Regional Board desires further
review of any plans or programs which are developed to implement the amendment
then, consistent with current SANDAG policy, the plans and programs could be
reviewed on a case by case basis prior to adoption to determine their potential legal
implications.
Sspectf ully submitted, /
DEBRA A. GREENFIELD General Counsel
DAG/cd
December 19, 1989
SANDAG
Suite 800, First Interstate Plaza
401 B Street
San Diego, CA 92101
Attn: Kenneth Sulzer, Executive Director
Re: Eighth Amendment to SANDAG Joint Powers Agreement
The Carlsbad City Council, at its meeting of December 12, 1989,
adopted Resolution No. 89-434, approving the Eighth Amendment to
the SANDAG Joint Powers Agreement.
Enclosed is the original agreement which has been signed by the
Mayor of the City of Carlsbad. Also enclosed for your records is
a copy of Resolution No. 89-434.
ueputy City Clerk
Encs .
1200 Carlsbad Village Drive Carlsbad, California 92008 (619) 434-2808