HomeMy WebLinkAbout1976-03-09; City Council; 3568-1; STATE LANDS DIVISION - SUBMERGED LANDS)*- -
CITY OF CARLSBAD
AGENDA BILL NO. 3568. Supplement No. 1
DATE : March 9, 1976
DEPARTMERT : City Manager C. Mgr.
J Subject:
STATE LANDS DIVISION - SUBMERGED LANDS
Statement of the Matter
At the January 8, 19'16 adjourned mceting of the City Council, the
Mayor was authorizea to represent the City-of Carlsbad at a meeting of the State Lands Commission in Sacramento on January 15, 1976, to request a time extension to allow for the introduction of legislation granting certain submerged lands to the City.
Prior to this meeting however, it was determined that a wire from the Mayor on behalf of the City requesting tbe extension,
would suffice. As a resuit; notification was received from the ;,State Lands Commission that the time extension was granted until the March meeting (actual date not set as yet).
In the meantime staff arranged a meeting with representatives of the Granted Lands and Area Projects for the State of California to discuss the requirdments and alternatives the City has relative to these submerged lands.
Exhibit
Memo to City Manager from Assistant City Manager dated 2-23-76.
Recbhendation
If. Council concurs, instruct staff to notify the State Lands Commission that the City of Carlsbad wishes to have the grant, relative to the submerged lands, revoked without prejudice.-
Counci 1 action
3-9-76 /That the staff be instructed to notify the State Lands Commission that
-Amotion was made
the City of Carlsbad wishes to have the grant relative to the submerged
c- lands revoked without prejudice.
...
DATE : FEERUARY 23, 1976
TO : CITY MANAGER
FROM: Assistant City Manager
SUBJECT: STATE LANDS CIVISION - SUBMERGED LANDS
On February 6, 1976 staff met with Roy-Minnick, Supervisor,
Granted Lands and Area Projects for the State of California, and Tiffany bousseloub, Granted Lands Representative. At that meeting it was determined that the "substantial improve-
ment" requirement on these submerged lands meant jettys, piers, or other improvements that would provide income to the City of Csrlsbad and the State of Calilornia.
The present mooring used by the San Diego Gas and Electric
Company is leased by that firm from the State Lands Givision. This lease was established many years prior to our grant. This mooring is not considered to be substantia.1 improve- ment mder the definition as outlinea by the supervisor.
At this meeting it was stated that a new grant would probably not be opposed. New legislation would require the agree- ment of all the state legislators. In addition, environment-
alists, as well as opponents to development, would be given
a hearing on the matter. There would be certain requirements that would be necessary immediately. One being the survey and mapping of the granted lands which would cost approximately $11,000.0@. A service agreement would have to be entered into so the survey could be done within two years fmm date of the award. In addition, the State Lands Commission would want
separate financial accountings of any monies earned by use of the tidelands. If the City were to begin to maka money on an investment in this area, that money must be returned to the tidelands for further improvement.
It is also necessary that at the startup date af the improve- ments, a firm estimate must be given as to the completion date. All inspections are made by the State Lands Commission. Additionally, a great deai of the land must be available for public use.
Page 2 February 23, I976
If the grant is revoked, it would be done without prejudice
which means that if the City wished to develop this land at some future date, they could reapply for a grant requesting our state senator to place it before %he legis- la ture .
It would also be possible to develop the area with a public agency permit, obtained through the State Lands Commission and subject to their terms, as opposed to a grant which would require a vote of the legislature in order to make any sub-
statntial changes.
If the grant is permitted to expire, the State Lands Com-
mission would make no improvements nnr grant the use of the lands to any other jurisdiction without proper notification to the City of Carlsbad. They stated without qualification that if there were any objections from the C1>y of Carlsbad,
.-
~ the commission would give this full weight.
WILLIAM C. BALDWIN
Assistant City Manager
WCB : ldq
!
F
EXLC
FR E
a EDMUND G BROWN
GOVERNOR m Ir' -
*. ' le,?aeY
* ALAN CRANSTON
CH*l @*AN
GLENN M ANDERSON
MEMBER
HALE CHAMPION
MEHER
EXtC
7: airxar
%hfP zltltb# &dmtniB#idn
STATE LANDS DlVlE3lON
DEPARTMENT OF FINANCE
STATE OF CALIFORNIA
ADDRESS REPLY TO: STATE BUILDING
STATE LANDS DIVISION
305 STATE BUILDING
LO9 ANGELES 12, CALIFORNIA
LOS ANGELES 12
REFER TO FILE Nc
w*o* 4873
QCtober 10, 1$3
R&C
Mse John Slarter
City Masager city Hall
2960 Pi0 Pic0 Drive
CrcaE.1sbEid, CdAfornla
War Mr. Slateas:
Grant of Tide and Subne~a-L8nds, C!$a@er 206yg3
Chapter 2064/63 provides for the grant of 811. area of tide and submerged
lands to the City of Carlsbad,
In connection therewith, your attention is invitedto provisions of Sec- tion 6359, Public Resources Code:
"Whenever by legislative enactment tide or submerged lands of
the State are granted or conveyed or authorized to be granted or conveyed or whenever a previous enactment is amended, and no prior survey has been made, and such act does nab contabin
a description of such lands by &es arad bomb, the cammission
shall w€thbn two years foblouing the effective date of such act
survey, monument, and record a plat and a metes and bounds des-
cription of such lands in the office of' the county recorder in the county or counties in which such lands me located.
recor&ation, the survey, monuments, plat ana description shall
be binding wonthe State, the grantee, and their successors in interest. "
970 such grant or conveyzmce or amended grmt or conveyance shall
be effective until campletion of the survey and recordation, me
Upon
survey and recordation shall be paid by the person which the grant or conveyance is made." --
In accordance with the foregoing, you will find enclosed a draft of a ser
agreement providing for the surveying, monmmenting, and recording of a p: of the $Me and suhnerged lands granted to the Ci%y of Caslsbad by the afc
mentioned statute, It will be appreciated if you T+.U have an agreement, in the form tndieated, prepared, secure autlhor&ty for its execution, and
B 4 I *.P" '.
Mr John Slat er -2- October U, 19
submit it to this office.
City requires additional copies, in 88 many copies as are desired.
The draft herewith submitted has been approved as to its general form by
staff counsel. Minor changes to suit the City's need may, of course) be
made, subject, however, to the approval of the agreement drawn by the
counsel.
of completion of' the work (see Paragraph 2).
agreement might provide for ccanpPetion approx5nmtely September 30, 1964.
cost of the work will not exceed $4,000, arid %his E(HL0Upt may be used in
Paragraph 3.
At this time it also appears appropriate to draw your attention to Para-
graph 2 of Section 4 contain& Pn Chapter 2(a64/63:
The agreement may be in triplicate, or if the
The date 0% the agrement should be inserted, as well as 8 date
It Is suggested that the
- -- .) '
"This grant is made upon the express condition that within ten
years from the effective date of this act the granted lands
shall be substantially improved by the city without expense to
the State and that if the State Lands Caplgnislsion determines
that the city has failed to improve said lands as herein re-
quired, all right, title, and interest of said city in and to
all lands granted by this act shall cease and a;U said right, title and interest in the granted lands shall revert and rest
in the State."
\ ~.
The foregoing provision indicates necessity for the following action:
1. That the City develop a plan for substantial improvement of the grantet
area.
That improvements be made in accordance dtfa the plan.
That within ten years frm the effective date of the statute the State
Eanas Commission make a finding that the Bands have been substantialby imgrove a .
2.
3.
,
$8 ratses 8 question as to whst constitutes substantid. improvement.
ding arrived at prior to the tdarne that any improvements are male.
Xn view of %he foregoing, it would apgear aqpprspriate that the City eurrenl
consider %he deveboplment and SuWssion to the Sate Lands Caemplrbssion of a
pbm %os proposed improvements, ph can be found to contain proposals for improvement which, if madet wil:
be substaritial, the development may then proaeea without any future probla
%o the Camissiones necesaasy f5ndings on completion of the work. This psc
posal Is merely a suggestsbora; if' the City has alternative ideas that WllU
satisfaetorlly solve the problem hesewL%h presented, the Cammission WalU bc pleased to consider them,
It our feeling thatb this question should be resolved through a mutual. m&j
I --.-_ .
If, upon revlew by the Camission, this
‘1 B q
I
Mr. John Slates -3 October 10, 1%.
In closing, this agency wishes to assure you that it desires to cooperate
fully in making your legislative grant effective.
Yours very truly,
/----I
Ik&df..S& c./
\\ L’ mw. PofapER Administrdive Service Officer
m:ah
E~CJ.: ~raftr of Service Agreement (I)
1
11 2j
DRAFT
SERVICE AGREEMESI
(Chapter 2064, Statutes of 1963)
P---- ---
--- - -. - day of THIS AGREEMENT, made and entered into this
-?
I
5
6
71
I the State Lands Cammission, State of California, hereinafter called
j "Commission".
I
I
W ITrSES ---- SETH: --
g
10
11
I i platted pursuant to the provisions of Chapter 2064, Statutes of 1963; an
j I WHEREAS, said land is deacribed in Chapter 2064, Statutes of ls3,
which description is as follows:
13 1
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
I
I
~f the City of Carlsbad auzd the ordinary hi& water mark of the
Pacific Ocean; thence extending OIA into the mific Ocean at a
p degree angle from the general direction of the shore in the
vicinity of said northern city limit for three statute miles to a
point; thence in a southeasterly direction parallel to the ordinarj
high water mark to a point on a line drawn at a 90 degree angle frc
the general direction of the shore at the intersection of the soutl
city limit and the ordinary high water mark; thence along said line
at a 90 degree angle fromthe general direction of the shore to
the intersection of the ordinary high water mark Kith the southern
city limits; thence northwesterly following the ordinary high watei
mark to the point of beginning.
NOW, THEREPORE, City and Commission agree:
1. Commission will survey, monument, and plat the boundary of saic
land and record said plat in such fashion as to satisfy the requirementr
Chapter 2064, Statutes of 1963;
2. Commission will complete said services on or about - -----I
or as soon thereafter as is practicable;
3. Coeranission wiU prepare and submit its invoice to Cityt which
I
ll 2
31
4
5
6
71
jtnvoice will cover cost of said services; the total mount of which shal
~sot exceed $
4. city viu pay said Lost to emission within ninety (9) days o
- -- . -- -- 1
' :receipt of said invoice.
5. City will cooperate with Commission to the end that the purpose
Ithis Agreement may be accmplished;
6. The provisions of the Agreement shall extend to and inure to th
1;
8 /j
9i
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
lbenefit of the successors and assignsd the respective parties thereto.
1 STA!FE I&WS COMMISSIBEJ STm OF CAf;hFOIWBA
Q-mm- v P, 3: nzieir 1 Ezcectative Officer
cm OF CWW
J% _I_ -x-- *__T-- -
w -___r--- -
mSUat to Resolution NO. --_
mea .. ..- - ---
I
APPROVEDASTQFOIU4
_*m-
St~~O~Zi--=- I
wbob 4873
1
1 .L- 2 w‘o $“s
,
Senate Bill No. 1232
I
CHAPTER 2064 I .<
1 ~rr act Lobveying in trust certain tidelands and submerged Eands Eying under the waters of the Pacific Ocean to the City of Carlsbad in furtherance of navigation, commerce and fihem’es upon certain trusts and conditions, and pro- viding for the government, management, use and control tthereof, and reserving rights to the State. 1 j -
[Approved by Governor July 23,1963. Filed with Secretary of State July 26,1963.1
’
Ai
. SECTION 1. There is hereby granted and conveyed in trust I
The people of the i State of California do enact as follows:
1
to the City of Carlsbad (hereinafter referred to a3 the “city”) m the County of San Diego, State of California, all the right, title and interest of the State of California (herein-
after referred to as the “State”), except as hereinafter reserved and upon the conditions specified herein, held by said
State by virtue of its sovereignty in ,and to all of the certain tide and submerged lands under the waters of the Pacific Ocean, whether filled or unflled, which are described as fol- lows and referred to hereinafter as “granted lands”:
Beginning at the point of intersection of the northern city Limit ofthe City of Carlsbad and the‘ordinary high water mark of the PacXc Ocean; thence extending out into the
Pacific Ocean at a 90 degree angle from the general direction of the shore in the vicinity of said northern city limit for three statute miles to a point; theme in a southeasterly direction parallel to the ordinary high water mark to a point on a line drawn at a 90 degree angle from the general direction of the,_- shore at the intersectinn of the southern city limit and the ordinary high water mark; tliince along said lioe dram st
a 90 degree angle from the general direction of the shore to the intersection of the ordinary high mater mark with the southern city limits ; thence northwesterly fqllowing the ordi-
The city shall have and there is hereby granted to it and its authorized agents and lessees the right to make within and upon the granted Iands, or vithin and upon the
granted lands in combination with neighboring lands of the city, all improvements, betterments and structures of every kind and character proper, needful, useful, convenient or inci-
dental to and for the development of commerce, navigation and
.
1 L
1
nary high water mark to the point of beginning. -
SEC. 2.
,
!
4 t
*.
-2- '
Gsheries, including, without limiting the generality of the fore- going, the following : fl (a) Tlie establishment, improvement and conduct of a harbor, and the construction, reconstruction, repair and main- tenance of works and facilities incidental to a harbor; (b) The construction, reconstruction, repair and mainte nance of highways, streets, roadways, bridges, beltline rail- roads and other transportation facilities or betterments hi-
dental to a harbor; (e) The construction, reconstruction, repair and main-
tenance of small boat harbors, marinas,' aquatic playground and similar-recreational facilities, together with structures and
facilities incidental thereto ; ' (a) The construction, reconstruction, repair arid maink-
name of wharves, docks, piers, warehouses, and commercial
and industrial buildings, plants and facilities. SEC. 3. No grant, conveyance or transfer of the granted lands or any part thereof shall be made by the City and the city shall continue to hold the granted lands in tmt and the whole thereof unless the same revert or be receded to the
State of California. The city Zay, however, lease the granted lands, or any part thereof, and any utilities, structures; improvements or appli-
ances thereon, for periods not to exceed 50 years, or mch- greater periods as may be permitted by general law, for pur-
poses consistent with the trusts upon which the granted lanils are held by the State of California and with the requirements of commerce and navigation at said harbor. Any such lease made by the city shall contain, in addition to terms and con&- tions deemed desirable or necessary by the city,-the followhg provision6 :
of any of the provisions of the lease by the lessee; and
/ g
\
(a) The lease may be terminated by the city upon violation .
(b) Neither the lease nor the leased premises may be as- signed, transferred or sublet without the prior written coment of the city. SEC. 4. The granted lands shall be improved and all h-
provements, betterments and structures thereon shall be made . or erected by the city or its authorized agents or lessees, with- out expense to the State of California ; provided, however, that
nothing contained in this act shall preclude the city from accepting and expending any grant of funds from the State of California for the development of the granted lands for any
public purpose not inconsistent with the trusts for commerce, navigation and fishery. In the management, conduct, operation and control of the granted lands or any improvements, better-
ments or structures thereon, the city and its succ~ssors shall
i
-8-
make no discrimination in rates, tolls or charges for any me or service in connection therewith.
This grant is made upon the express condition that within 10 years from the effective date of this act the granted lands
shall be substantially improved by the city without expense to the State and that if the State Lands Commission deter- mines 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 by this act shall cease and all said right, title and interest in the granted lands shall revert and rest in the State. Except as provided in Section '7 hereof, the city shall have the right hereunder to all rents, revenues, issues and profits in any manner hereafter arising from the grante- lands or any improvements, betterments or structures thereoh from and after the effective date of the grant, and the.city may
use such rents, revenues, issues and profits for any purpose or use set forth in Section 2 hereof, including the payment, re-, funding or discharge of any indebtedness incurred or sostained by the city in Connection with any such purpose or use. SEC. 6. There is hereby reserved to the people of the S$ate of California the right to fish in tbe waters upon the granted lands with the right of convenient access to said waters over the granted lands for said purpose.
SEC. 5.
, ,
'
~
SEC. 7. There is hereby excepted and reserved to the State
of California the following:
(a) All deposits of minerals, including oil and gas in sa2 land, together with the right of the State of California 03 persons authorized by the State of California to pTospect for mine and remove such deposits from the granted lands;
(b) The right to use without charge any transportation, landing or storage improvements, betterments or structuree constructed upon the granted lands for any vessel or othv >
watercraft or railroad owned or operated by the State c California ; (e) The right at any time in the future to use the granted .
lands or any portion thereof for highway purposes without compensation to the city, its successors, or any person, fim or public corporation claiming under it, except as to improve-
ments, betterments or structures made or erected within or upon the portions of the granted lands so used by the State for 'which compensation shall be made to the person entitled
thereto for the value of his interest in the improvements, bet- terments or structures so used or the damages to such interest. In the event of a violation of any of the provisions
'
\
SEC. 8. of this act, the granted lands and the whole thereof shall revert
to the State of California. c,
I
-4-
SEC. 9. The State Lands Commission shall, at the expense ii x 1
of the city, survey and monument the granted lands, prepare a fee--- Fetes and bounds description and plat of the granted lands, : and record such description and plat in the office of the Corn*/
Recorder of San Diego County. SEC. 10. If any provision of this act or the application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are
severable.
.--
'
I,
1
I
1
1 \
, , ,
0
i
-
1
i
'1
'Z
I;
I
I 1
___ I -- -
..
1
-r
t.
7 -*
-I
I
i?. #a' c frat Sec. 35 . - ___- - cd.-.-,-.____.-_lI_ -4 . TRAC -\-.---.-.- ___-______ .--*e GI --_-_I- _-.--.. --.-
~ ,------ _._ _.____ ---. - +-.- -_-_ --_-
- -.s- 2
L '_ i-
1
/
I I