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HomeMy WebLinkAbout1976-01-06; City Council; 3568; State Lands Division - Submerged State LandsCITY OF CARLSBAG I. 0; .I DATE : January 6, 1976 DSPARTHZNT : City Elanager - _I - -- C. Atty. C. Mgr. K - -- . --- - Sllbj ect : STATE LANDS DIVISION - SUBMERGED STATE LTLNDS -- S ta teraent of the P!at.ter in 1963 to 1373 the lands off the jetty and beach at the Aqua Hedionda was granted to the City of Carlsbad on the condition that improvements xould be made on this portion of submerged lands. In January, 1974 the City of Carlsbad vas notified that the State Lands Division staff was making a study to determine whether or not the grant lands had been sukstantially improved during the period 1963 to 1973. In mid-1974 staff met with Roy Ninnick who heads the State Lands Com- mission for the State of California. It. was detemined at that the that no substantia!. improvements had been made on this property and that it would be necessary to get legisLative relief in order to extend th,? grant. t?e were told that improvements could consist of a pier or groin extending into the ocean. Staff requestad that the State provide the City with a cost estimate for the surveying and nacping which must be done by the State Lands Cominission at City expense. We had previously indicated to the State Lands Civision that it was our intention to request Senator Stull to introduce legislation granting certain tide and submerged lands to the City. In Septeinber, 1975 we received a letter from the State Lands Commission advising us that the cost of this'survey kould be $11,000.00 and also indicated that new legislation could not be introduced until January. The City has now received notice from the State Lands Division of their intent to notify the Commission that the City of Carlsbad has failed to substantially improve the land granted by Chapter 2064, Statutes of 1963 and that all jurLsdiction formerly vested in the City by virtue of said act, reverts to the State. This hearing xi11 be held in Room 2170, State Capitol on January 15, 1976 at 1O:OO A!. Exhibit Map indicating granted area Calendar Tten - State Lands Commission Cost estimate to survay grant Rccoinnendation -- -- The only improvement the City can claim is the buoys attached to the discharge lines for the tankers. Should Council decide they wish to retain this grant, someone should appear at the hearing to,request art cxtensicn of time in order to introduce legislation granting these lands to the City. .-, P.genda Bill #3568 /- Page 2 Counci 1 action- 1-8-76 Following discussion the Mayor was authorized to appear at the Public Hearing in Sacramento on January 15, 1976 and request an extension of time. .. C c ' TRUSTEE : LOCATION: PURPOSE : CALENDAR I TEII CONSIDERATION OF SUBSTANTIAL COMPLIANCE 1/76 TB G 13-01 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Submerged State Lands granted by Chapter 2064, Statutes of 1963, as said lands are shown in Exhibit "A", "Grant to the City of Carlsbad." To make a finding whether the city of Carlsbad has siibstsntially improved the lands granted to it and therefore, has met the considions set by Section 4 of the Statutz, which states" "This grant is made upon the express condition chat within 10 years from the effective date af this act, the granted lands shall be substantially improved without expense to the State and that if the State Lands Commission determines that the city has failed to improve said lands as herein required, all right, title, and interest of said city in and TO all lands granted bythis act shall cease and all said right, title and interest in the granted lands shall revert and rest in the State .," . SUBSTANTIAL IME'RWEMENT INVESTIGATION: Ori January 22, 1974, the City of Carlsbad was notified that the State Lanls Division staff was commenciag a study to determine whether the granted lands had been substantially improved during the period 1963-1973. Carlsbad was requested to report on improvements and expenditures on its granted lands. Ensuing discussions with Carlsbad and on-site inspection revealed that: A. There has been little or no improvement. E. Carlsbad does not intend to submit the requested report, and C. The City Council in.structcd the City Manager's Office to seek new legislative grant provisions extending deadline for substantial improvements. ASSISTANCE TO CITY : On July 2, 1974, Division staff advised the City as to customary procedures for seeking new grant provisions and provided several statutes to serve as models- A 76 S 38 -1- CALENDAR ITEN NO, (COYTD) NCITXFICATION OF FINAL DEADLINE: EXH I B I T : On September 3, 1975, the City'was informed that unless the Division received word from them indicating action was being taken on the proposed new grant provisions, a report on substantial improvement to the State Lands Commission would be made in January. To date, nothing further has been heard from the City of Carlsbad. A. Map of Granted Area. IT IS RECONMENDED THAT THE COMMISSION: 1. FIND THAT THE CITY OF CARLSBAD HAS FAILED 'io SUBSTANTIALLY IMPROVE THE LAND GRANTED TO IT BY CHAPTER 2064, STATUTES OF 1963, AND ALL JURISDICTION FORMERLY VESTED IN THE CITY BY VIRTUE OF SAID ACT REVERTS TO THE STATE. 2. AUTHORIZE THE EXECUTIVE OFFICER TO NOTIFY THE CHIEF CLERX OF THE ASSEMBLY, THE SECRETARY OF THE SENATE, AND THE CITY OF CARLSEAD THAT THE COEfJdISSION HAS FOUND THAT THE CITY OF CARLSBAD HAS NOT SUBSTANTIALLY IMPROVED THE GRANTED LANDS AND BY OPERATION OF CEAPTER 2064, STATUTES OF 1963, SAID LAND HAS REVERTED TO T'S STATE. -2- fi c I_ Research 16 $ 313.50 , Layout of project 8 156.80 monument recovery 160 2,136 .o@ Office computation 32 627.23 Field work, including Preparation of maps 54 1,254.40 Review & revision 12 235.20 CosL Estimate 1 Optration l&n/hours Cost* I I Operations Total $ 5,723.20 17% Contingency Cost 858.48 SUB - TOTAL $ 5,581.68 Spent to date without service agreement . . . . . . . . . . 4,441.00 TCrrAL ESTIWTE $11,022.68 * includes traval and administrative overhead