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OFFICE OF THE CITY ATTORNEY <br />Opinion No. 74-19 <br />May 9, 1974 <br />SUBJECT: Preparation of Capital Improvement Program <br />by the Planning Commission <br />REQUESTED BY: Planning Commission <br />OPINION BY: James A. Withers, City Attorney <br />by Richard E. Lay, Deputy City Attorney <br />QUESTION 1: In preparing the annual Capital Improvement <br />Program, is the Planning Commission free to <br />adopt a period of less than ten years as <br />the period of proposed new capital improve- <br />. ments? <br />ANSWER 1: No. The Charter requires the Planning Commis- <br />lion to consider all capital improvements <br />contemplated with the forthcoming ten-year <br />period. <br />QUESTION 2: Is the Planning Commission free to dispense <br />with the method of financing for any of <br />the improvements listed in the Capital <br />Improvement Program? <br />ANSWER 2: No, the proposed method of financing should <br />be included as to all .improvements. <br />ANALYSIS <br />Santa Ana Charter Section 910, providing for the powers and <br />duties of the Planning Commission reads in pertinent part as <br />follows: <br />"The Planning Commission should have power <br />and be required to (c) Prepare a ten (10) year <br />capital improvement program, revised annually, which <br />shall set forth all of the capital improvements con- <br />templated by the several offices, departments, and <br />other agencies of the city according to a logical <br />-54- <br />