HomeMy WebLinkAbout0.0d2 - Correspondence from Jim Mosher -Newport Beach Planning Commission Agenda Item 2 (6/6/13)
Additional comments by: Jim Mosher (jimmosherCc yahoo.com ), 2210 Private Road, Newport Beach
92660 (949- 548- 6229).
Item No. 2 Review of Preliminary Fiscal Year 2013 -2014 Capital
Improvement Program (PA2007 -131).
As I understand the staff report, this item is being heard pursuant to California Government
Code Section 65401, which is reproduced below.
Having attempted to read Section 65401, 1 have two concerns:
1. It appears to me that the list of proposed public works to be reviewed for conformity with
the City's adopted general plan is supposed to include all proposed projects involving
work within the City limits, not just those funded by the City. I do not believe the
Planning Commission has before it such a full, coordinated list.
2. Although the staff report cites sections from the General Plan that each listed project is
consistent with, that does not, to my mind, establish that the project could not be
inconsistent with some other aspect of the General Plan, and therefore not in conformity
with it.
I hope the Commission will ask that future CIP lists include projects proposed to be undertaken
by other agencies (Caltrans, OCSD, CMSD, IRWD, and NMUSD are just a few that come to
mind) and will carefully consider if each listed project, including those funded by the City, might
be inconsistent with some provision of the General Plan not listed in the staff report. That would
seem to me to be the task set forth by Section 65401.
California Government Code
65401. If a general plan or part thereof has been adopted, within such time as may be
fixed by the legislative body, each county or city officer, department, board, or
commission, and each governmental body, commission, or board, including the
governing body of any special district or school district, whose jurisdiction lies wholly or
partially within the county or city, whose functions include recommending, preparing
plans for, or constructing, major public works, shall submit to the official agency, as
designated by the respective county board of supervisors or city council, a list of the
proposed public works recommended for planning, initiation or construction during the
ensuing fiscal year. The official agency receiving the list of proposed public works shall
list and classify all such recommendations and shall prepare a coordinated program of
proposed public works for the ensuing fiscal year. Such coordinated program shall be
submitted to the county or city planning agency for review and report to said official
agency as to conformity with the adopted general plan or part thereof. (Amended by
Stats. 1970, Ch. 1590.)