HomeMy WebLinkAbout1983-09-19; Parks & Recreation Commission; MinutesMINUTES
MEETING OF:
DATE OF MEETING:
TIME OF MEETING:
PLACE OF MEETING:
PARKS & RECREATION COMMISSION
September 19, 1983
5:00 p.m.
Council Chambers
COMMISSIONERS
1. CALL TO ORDER;
The meeting was called to order by Chairperson
Dahlquist at 5.01 p.m.
2. ROLL CALL;
Present - Chairperson Dahlquist, Commissioners
Popovich, McFadden, Conti, Cochran and
Wright. Commissioner Donovan arrived
at 5:06 p.m.
Also Present - Dave Bradstreet, Parks & Recreation
Director
Council Liaison Lewis (arrived
5:19 p.m.)
3. APPROVAL OF MINUTES;
The Minutes of the July 18, 1983, meeting were
approved as presented .
The Minutes of the August 15, 1983, meeting were
approved as presented.
ADDITIONS TO THE AGENDA;
Commissioner McFadden asked for an item to be
added regarding the proposed uses of the Chambers
building.
Dave Bradstreet asked the Commission to add two
items to the Agenda. Mr. Jim Smith, of the Board
of Directors of Ivey Ranch, is present to address
the Commission. The second item is the
Papagayo/faindsong development plans for the
middle lagoon.
Chairperson Dahlquist asked the Commission
to change the order of the Agenda, and have the
slide presentation first. Then Mr. Smith from
Ivey Ranch Park would address the Commission.
After that, the regular order of the Agenda would
be followed. The Commissioners agreed to this
change in the order of the Agenda.
5. NEW BUSINESS;
A. Slide Presentation on Safety Center
City Manager Frank Aleshire announced this was
the first public showing of the slide show for
the Public Safety & Service Center. He asked the
Commissioners to ask questions and make comments
to enable them to improve the presentation.
Dave Bradstreet distributed copies of a summary
on the Public Safety & Service Center as
proposed.
Popovich
Cochran
McFadden
Conti
Wright
Popovich
Cochran
McFadden
Conti
Wright
Dahlquist
X
X X
MINUTES
Page 2
September 19, 1983 COMMISSIONERS
Following the slide presentation, the City
Manager explained the concept of the new Public
Safety & Service Center. He stated the first
plans submitted were for thirty-five million
dollars. A revised plan was submitted with
essential elements retained and some requests
that were deemed unnecessary eliminated.
Commissioner Donovan inquired why the police
association is opposing the center and the City
Manager explained he did not know, except that
some things they had requested had been deleted
from the plan. He explained a pistol range had
been planned originally, but had been deleted in
the present plan.
Commissioner Cochran asked whether there was room
for expansion at the present proposed site, and
the City Manager explained there are 26 acres
that the City owns, and approximately half of it
would be left for future expansion.
Commissioner McFadden stated she felt the beach
scenes should not be shown relating to safety,
inasmuch as the City does not provide lifeguards.
Also, she stated no mention was made of the
paramedics, and there are many people in the City
who are avid supporters of the paramedics. Mrs.
McFadden further stated the commentary did not
state the radio facility was too small. Another
question was asked by Mrs. McFadden regarding the
contracting for repairs. Mr. Aleshire stated it
was much cheaper for the City to do the repair
work. The preventive maintenance is done by the
City, but a cost breakdown will be done on this.
Commissioner McFadden stated there was no cost
breakdown indicating the phasing, and she asked
how fast could they get the money. The City
Manager stated the City has half of the money
now. Mrs. McFadden added something should be
said about the process for getting the money.
The City Manager said the entire plan was
flexible and would depend upon growth and
development. The figures given are 1983 building
costs.
Commissioner Conti stated the slides showed files
stacked around and the public will undoubtedly
ask why computers are not used to eliminate the
stacks of files. He stated he knew a second copy
must be kept as a safety precaution.
Dave Bradstreet commented the location of the new
Center would be central as far as the City is
concerned and would reduce maintenance costs in
south Carlsbad and response time. It should be
stressed that this is the geographic center of
the City.
Several Commissioners expressed the thought that
the presentation was too negative in its
approach. They felt a more positive attitude
with emphasis on the new facilities would present
a more favorable picture.
MINUTES
Page 3
September 19, 1983 COMMISSIONERS
It was agreed that the police support of this
project was inportant and Councilman Lewis stated
that the Commissioners should talk individually
with the policemen and find out their feelings.
He stated it was unfortunate that the opposition
to the Center came out at the bargaining table for
the police salary negotiations.
The City Manager asked the Commission to
eventually consider endorsing this project and
getting as many clubs and organizations as
possible to show the slide presentation.
9. ADDITIONAL BUSINESS;
A. Mr. Jim Smith of Ivey Ranch Park
Mr. Jim Smith, Chairman of the Board of Trustees,
Ivey Ranch Park, addressed the Commission
regarding the park for disabled and able-bodied,
and the plans for this park. Mr. Smith explained
in detail the map distributed to the
Commissioners and explained this is the fifth
such park in the United States and the second one
in California. The organization is a non-profit
association and the funds are all donated.
Mr. Smith stated the Association would like to
have the approval of the Parks & Recreation
Commissions in the surrounding areas, as this is
a regional park and will be for public use.
Also, he invited the Commission to attend open
house on September 23 at 3:00 p.m. At a later
time, he stated the association will be asking
for financial support.
The Parks & Recreation Commission voted to
support the concept of this park for the disabled
and the able-bodied at Ivey Ranch Park.
4. UNFINISHED BUSINESS;
A. Request for Lifeguards, North Beach Area
Commissioner Donovan stated she had requested this
item be put on the Agenda, as she was personally
concerned about no guards being on the area of
beach being used, while there are guards sitting
where the rocks are piled up and there is
practically an empty beach.
Dave Bradstreet reported he had been in touch with
the Regional Director, and the lifeguard stations
cannot be moved, as they are tied into the
communication system, and it would be too expensive
to redo the system. Also, there are not enough
trained lifeguards to expand their services this
summer. The State lifeguards will respond to calls
at the unguarded beaches, but the response time
will be greater. The City's position is that it is
a State problem.
Popovich
Cochran
McFadden
Conti
Wright
Donovan
MINUTES
Page 4
September 19, 1983 COMMISSIONERS
Commissioner Donovan stated she was not satisfied
with this report.
Commissioner McFadden agreed and stated she felt
the Commission should indicate to the City
Council that the lifeguards should be more
flexible in their schedule. Although the City is
not legally responsible, morally it is. The
State Parks & Recreation should be contacted
through a letter.
The Parks & Recreation Commission voted to send
letters stating the Commission's feelings
regarding lifeguard service and this becoming a
flexible program in accordance with the needs as
they appear to be. These letters to go to the
Council, the State Parks & Recreation Department
and the State Parks & Recreation Commission.
These letters will be drafted and copies sent to
the Commissioners for perusal and comments and
sent back to Dave Bradstreet. The Commission
wants lifeguards to be stationed where the sand
is and according to usage of the beaches.
B. North Coast Women's Club Halloween Activities
Being Co-Sponsored by the City
Commissioner Donovan questioned this co-
sponsorship by the City and read part of a
newspaper article regarding this. She asked why
this was arranged with this group and explained if
this was done for one group, then all groups
should have the same option.
Dave Bradstreet explained that he acted upon the
recommendation of the Commission that he try to
work out some type of arrangements with the North
Coast Women's Club. They came back and asked for
co-sponsor, and when that happens, the Department
tries to make some type of arrangement.
There was a discussion among the members of the
Commission about the possibility of the Commission
setting the percentages or rates, and how could a
consistent policy be set up. Dave Bradstreet
explained to the Commission that these things are
in the policy that is followed by the Department
at the present time.
The Commission voted to have this item come back
on the Agenda at the next meeting with
recommendations from staff on alternatives on
policies and percentages and background on what
has been done in the past.
C. Report on Angle Parking on Chestnut at Chase Field
Commissioner McFadden reported the Traffic Safety
Commission denied this request as it would set a
precedent. She added she was satisfied the
Commission had gone as far as it could with this
item.
Popovich
Cochran
McFadden
Conti
Wright
Donovan
Popovich
Cochran
McFadden
Conti
Wright
Donovan
X
MINUTES
Page 5
September 19, 1983 COMMISSIONERS
Chairperson Dahlquist stated angle parking had
been approved for the Redevelopment Area
Streetscaping and she felt they could also approve
this request for angle parking.
Council Liaison Lewis explained that the
Redevelopment Area parking had been an agreement
by the merchants in the area, otherwise it would
not have happened.
B. Block Grant Funds
Dave Bradstreet stated there was to be a meeting
September 23 to consider suggestions for spending
this money. He mentioned the suggestions made for
Chase and Pine Fields. Councilman Lewis suggested
toilet facilities at Chase Field were in need of
refurbishing.
The Commission voted to accept staff's decision on
how to spend the Block Grant Funds.
C. 1982-83 End of Year Report
Dave Bradstreet called attention to Attachment B.
D. Roberti-Z'Berg State Grant
Dave Bradstreet reported staff's recommendations
for this grant.
Commissioner Conti left the meeting at 7:00 p.m.
The Commission voted to accept staff's
recommendation as listed on the Agenda.
6. COUNCIL REPORT;
Council Liaison Lewis reported to the Commission that it
was important for the Commissioners to sell the
slide presentation for the Safety Center and to
support this project.
Chairperson Dahlquist requested an Agenda Item for
the next meeting to endorse the Public Safety
Center.
7. COMMITTEE REPORTS;
Chairperson Dahlquist reported on the progress on
the Regional Parks & Recreation Commission, and the
Commissioners reiterated their opinion that no
formal commission was wanted.
Popovich
Cochran
McFadden
Conti
Wright
Donovan
Popovich
Cochran
McFadden
Wright
Donovan
MINUTES
Page 6
September 20, 1983 COMMISSIONERS
Commissioner McFadden reported on the Circulation
Committee recommendations.
8. DIRECTOR'S REPORT; (Refer to Green Sheet)
Dave Bradstreet called attention to the report
attached to the packet.
9. ADDITIONAL BUSINESS;
Chambers Building Use
Commissioner McFadden stated she would like to add
to the next Agenda an item to discuss possible uses
for the Chambers Building.
PapagayoAfindsong Easement
Dave Bradstreet reported on this project and stated
the developers were willing to put in the
improvements on the lagoon. This was one of the
projects recommended to be done by the City, and
after contacting the developer, it was found that
they are willing to do it. Maps were shown of the
property and the concept for the improvement.
ADJOURNMENT;
By proper notion, the meeting was adjourned at
7:17 p.m.
Respectfully submitted,
Harriett Babbitt,
Minutes Clerk
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1200 ELM AVENUE M^-^J^ TELEPHONE:
CARLSBAD, CALIFORNIA 92008-1989 N }§^ f] • (619) 438-5571
September 27, 1983
of Carteimb
P/lflKS & RECREATION DEPARTMENT
Mr. Bill Fait, Area Manager •/
State Department of Parks and Recreation
2680 Carlsbad Blvd.
Carlsbad, CA 92008 •
Dear Mr. Fait:
The Carlsbad Parks and Recreation Commission requests that State lifeguard
services be provided to a one mile stretch of beach owned by the State Lands
Commission between the area north of Oak Street and the mouth of the Buena Vista
Lagoon in Carlsbad, California. The influx of sand has made that beach the most
attractive one in the area. There are no lifeguards in the vicinity and that
entire area is unprotected.
It is the understanding of this Commission that this approximate one mile
stretch of beach is owned by the State Lands Commission from the mean high tide
west, and is therefore under the State's jurisdiction. It is undoubtedly the
State's responsibility to provide reasonable protection to the beach-goers.
The State Department of Parks & Recreation, who provides lifeguard services
between Oak Street and South Carlsbad State Park, should show some flexibility
now and in the future and simply relocate the towers from where beach traffic is
down due to sand depletion to this more heavily used area. The City has agreed
to allow the State to use City access ways for the lifeguard towers.
Your immediate attention to this hazardous condition would be appreciated by all
concerned. We will be waiting for your response.
Sincerely,
Shirley Dahlquist, Chair
Parks and Recreation Commission
SD/ds
c: Congressman Ronald Packard
Senator William Craven
Assemblyman Robert Frazee
Mayor Mary Casler
Carlsbad City Council
Frank Aleshire, City Manager
Same letter sent to: State Parks and Recreation CommissionState Parks and Recreation DirectorState Lands Commission
ATTACHMENT A
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1200 ELM AVENUE jf^JL^ TELEPHONE:
CARLSBAD, CALIFORNIA 92008-1989 (74 ^§g^ r\ (619) 438-5571
September 27, 1983
Cttp of CarMmb
PdflKS & RECREATION DEPARTMENT
Mr. William Briner, Director
State Department of Parks and Recreation
1416 9th Street
Room 1405
Sacramento, CA 95814
Dear Mr. Briner:
The Carlsbad Parks and Recreation Commission requests that State lifeguard
services be provided to a one mile stretch of beach owned by the State Lands
Commission between the area north of Oak Street and the mouth of the Buena Vista
Lagoon in Carlsbad, California. The influx of sand has made that beach the most
attractive one in the area. There are no lifeguards in the vicinity and that
entire area is unprotected.
It is the understanding of this Commission that this approximate one mile
stretch of beach is owned by the State Lands Commission from the mean high tide
west, and is therefore under the State's jurisdiction. It is undoubtedly the
State's responsibility to provide reasonable protection to the beach-goers.
The State Department of Parks & Recreation, who provides lifeguard services
between Oak Street and South Carlsbad State Park, should show some flexibility
now and in the future and simply relocate the towers from where beach traffic is
down due to sand depletion to this more heavily used area. The City has agreed
to allow the State to use City access ways for the lifeguard towers.
Your immediate attention to this hazardous condition would be appreciated by all
concerned. We will be waiting for your response.
, ^r
Shirley Dahlquist, Chair
Parks and Recreation Commission
SD/ds I
c: Congressman Ronald Packard
Senator William Craven
Assemblyman Robert Frazee
Mayor Mary Casler
Carlsbad City Council
Frank Aleshire, City Manager
Same letter sent to: State Parks and Recreation CommissionState Parks and Recreation Area Managerbuate Lands Commission 3
1200 ELM AVENUE ftf*e»*Jv\ TELEPHONE:
CARLSBAD, CALIFORNIA 92008-1989 N ^§g^ pi (619) 438-5571
€itp of Cartefcab
PARKS & RECREATION DEPARTMENTSeptember 27, 1983
Ms. Claire Dedrick
Executive Officer ;A
State Lands Commission
1807 13th Street
Sacramento, CA 95814
Dear Ms. Dedrick:
The Carlsbad Parks and Recreation Commission requests that State lifeguard
services be provided to a one mile stretch of beach owned by the State Lands
Commission between the area north of Oak Street and the mouth of the Buena Vista
Lagoon in Carlsbad, California. The influx of sand has made that beach the most
attractive one in the area. There are no lifeguards in the vicinity and that
entire area is unprotected.
It is the understanding of this Commission that this approximate one mile
stretch of beach is owned by the State Lands Commission from the mean high tide
west, and is therefore under the State's jurisdiction. It is undoubtedly the
State's responsibility to provide reasonable protection to the beach-goers.
The State Department of Parks & Recreation, who provides lifeguard services
between Oak Street and South Carlsbad State Park, should show some flexibility
now and in the future and simply relocate the towers from where beach traffic is
down due to sand depletion to this more heavily used area. The City has agreed
to allow the State to use City access ways for the lifeguard towers.
Your immediate attention to this hazardous condition would be appreciated by all
concerned. We will be waiting for your response.
Sincerely,
Shirley Dahlquist, Chair
Parks and Recreation Commission
SD/ds
c: Congressman Ronald Packard
Senator William Craven
Assemblyman Robert Frazee
Mayor Mary Casler
Carlsbad City Council
Frank Aleshire, City Manager
Same letter sent to: State Parks and Recreation Commission
State Parks and Recreation Area Manager
State Parks and Recreation Director
1200 ELM AVENUE li*~ILrf\ TELEPHONE:
CARLSBAD, CALIFORNIA 92008-1989 M ^j&r H (619) 438-5571
September 27, 1983
Citp of Cartefcab
PARKS & RECREATION DEPARTMENT
The Honorable Trusse Morris, Chairman ?
State Parks and Recreation Commission
13301 So. Van Ness
Gardena, CA 90249
Dear Mr. Morris:
The Carlsbad Parks and Recreation Commission requests that State lifeguard
services be provided to a one mile stretch of beach owned by the State Lands
Commission between the area north of Oak Street and the mouth of the Buena Vista
Lagoon in Carlsbad, California. The influx of sand has made that beach the most
attractive one in the area. There are no lifeguards in the vicinity and that
entire area is unprotected.
It is the understanding of this Commission that this approximate one mile
stretch of beach is owned by the State Lands Commission from the mean high tide
west, and is therefore under the State's jurisdiction. It is undoubtedly the
State's responsibility to provide reasonable protection to the beach-goers.
The State Department of Parks & Recreation, who provides lifeguard services
between Oak Street and South Carlsbad State Park, should show some flexibility
now and in the future and simply relocate the towers from where beach traffic is
down due to sand depletion to this more heavily used area. The City has agreed
to allow the State to use City access ways for the lifeguard towers.
Your immediate attention to this hazardous condition would be appreciated by all
concerned. We will be waiting for your response.
Sincerely,
Shirley Dahlquist, "Chair
Parks and Recreation Commission
SD/ds
c : Congressman Ronald Packard
Senator William Craven
Assemblyman Robert Frazee
Mayor Mary Casler
Carlsbad City Council
Frank Aleshire, City Manager
Same letter sent to: State Parks and Recreation Area ManagerState Parks and Recreation DirectorState Lands Commission
DECEIVED SEP 2 61983
r
105 W. RICHMAR AVENUE • SAN MARCOS, CALIFORNIA 92069
(619) 744-1050
September 23, 1983
Shirley Dahlquist
Chair
Carlsbad Parks and Recreation Commission
1200 Elm Ave.
Carlsbad, CA 92008
Dear Ms. Dahlquist,
Thank you for your correspondence.
At our September 21st meeting the Commission opted to not
participate at this time in the formation of a Regional
Commission. An "Ad Hoc" approach to specific issues of
joint interest as they arise seems more attractive in our
present circumstances.
We do continue to be interested in semi-annual general
sharing sessions as a way to stay current with the creative
parks and recreation services being offered in NortACounty.
John Semon
Chairman
Community Services Commission
cc: Bill Schramm
Mr. Bradstreet, Carlsbad P & R
Mr. Porter, Vista P & R
Mr. Watenpaugh, Oceanside P & R
CITY COUNCIL
Lionel G. Burton, Mayor James D. Simmons, Vice Mayor Lee B, Thibadeau
ATTACHMENT B
Pia Harris F. H. Smith
KECEIVED OCT 0 'i 1983
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SEPTEMBER 30, 1983
TO: 1/6/WE BRADSTREET, Parks & Recreation
PHILLIP GRIGNON, Carlsbad School District
FROM: JIM HAGAMAN, Policy Development Manager
JOINT PARKS AND RECREATION/SCHOOL DISTRICT STAFF MEETING
We have met with both the School District and Parks and Recreation
separately and have come up with some questions that need to be
answered before going further in the work program for this task.
Attached is a list of the questions we have come up with and some
aspects for land use relationships, which we want you to have in
advance of the meeting, which is scheduled for Thursday, October
6, 1983 at 9 a.m. in the R/A Group conference room.
JAMES C. HAGAMAN
TH:JCH:PGK
Attachments/2
c: Frank Aleshire, City Manager (w/attachments)
ATTACHMENT D
RESEARCH/ANALYSIS GROUP
STUDY OF SCHOOL/PARK SITES; SOUTHWEST CITY
JOINT PARKS AND RECREATION/SCHOOL DISTRICT STAFF MEETING
DISCUSSION TOPICS:
1. Can a joint use arrangement for school and park facilities
actually be workable?
2. Specifically, what facilities can be physically combined?
a) Play areas - ballfields? All or some?
b) Community Center w/Gym
c) Library
d) Auditorium-Multipurpose areas
e) Parking lots
f) Others
3. Which facilities must be separated, e.g. high school?
4. Are there field areas which, if combined, would have to
be fenced? E.g. football field. How about separation
(barriers) for public/non-public areas during the day?
If there was only one possibility to combine facilities,.
which type of combined facility would be most beneficial?
- buildings?
- field areas?
6. What specific limitations will State funding provisions
impose on the planned common facilities?
7. What is the maximum acceptable slope, or steepness, for:
- field areas?
- building areas? ' . '
8. Would it be practical to design the park (field areas)
as the focal point around which the other "hard" facili-
ties are grouped? Or, is there some other ideal configu-
ration that would generally be best?
Attached are some very general land use configurations which present
possible facility relationships. Please comment, or make additional
sketches, if you wish.
T
^ -vv MINUTE ITEM ~ ^CEIVED SEP 1 8 J983
This Cafaular Item No. J££-
was approved as Minute Item
No. rrl— by the St-ite Lands MINUTE ITEM
Commission by ty$fr°Jf~%\~ 41
rneeting. ' 8/25/83
W 503.1197
W 503.1198
SLL 98
BLA 232
Patterson/
Possum
LITIGATION AND TITLE SETTLEMENT AGREEMENT
REGARDING LANDS AT BUENA VISTA LAGOON,
CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
(NATIVE SUN INVESTMENT GROUP PROPERTY)
During consideration of Calendar Item 41 attached, Deputy
Attorney General Tim Patterson summarized the item before
the Commission. Chief Counsel Hight acknowledged for the
record recelpt^r-1^'telegram--fromthe City of Oceanside*>s&
and Carlsbad--requesting that the Commission renegotiate-r
the settlement^aeireement,- to- obtain an additional weir easement
desireduby- the^*Cities..
Staff". Counsel; CurCisv = Fas-sum explained that the cities--1--
request was not an issue between the parties to the litigation
but was a matter to be resolved between the Cities of Oceanside
and;.Carlsbad and the. private property owner.
Upon motion made by Commission-Alternate Ordway and seconded
by Acting Chairman Jervis the resolution in Calendar Item 41
was approved as presented by a vote of 2-0.
Attachment: Calendar Item 41.
T 74
S 38
ATTACHMENT C
CALENDAR ITEM
8/25/83
r
A 4,41' -<» W 503.1197
W 503.1198
SLL 98
BLA 232
Patterson
Fossum
LITIGATION AND TITLE SETTLEMENT AGREEMENT REGARDING
LANDS AT BUENA VISTA LAGOON,
CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
(NATIVE SUN INVESTMENT GROUP PROPERTY)
PARTIES TO THE AGREEMENT:
STATE OF CALIFORNIA
(Acting by and through the State Lands
Commission)
PEOPLE OF THE STATE OF CALIFORNIA
(Acting by and through the Attorney General
of California)
NATIVE SUN INVESTMENT GROUP
(A limited partnership)
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA
(Formerly known as TITLE INSURANCE AND
• * TRUST COMPANY]
(A California Corporation)
I. BACKGROUND OF DISPUTE
This Calendar Item recommends settlement of a boundary
/dispute among the above-named parties over approximately
ten acres of property located in and adjacent to Buena
Vista Lagoon, in the City of Carlsbad, County of San Diego,
California. The property consists of a bluff top, bluff,
74
S 38 .JLB-6—
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CAM- Alt ITEM NO. 4 1' (d)N'TD)
sandy and cobbled beach adjoining the Pacific Ocean, filled
lowlands, and a submerged area within the present bed of
Buena Vista Lagoon.
The disputeQ.between- the parties as to their, respective.
legafe-fnterestsSiJi-the? subject property was formalized'
in^Noventbcr L981>swhen. Native Sun Investment Group (Native
Sun) £tied, tw^a civiJ|^actions against the State of California
and"the State Lands Commission (State) seeking to quiet
the title to the property and ,a declaration of rights in :a
the,,land- (San Diego Superior-Court Nos. N18495 and N18496).
The State contends in the litigation that portions of the
property presently are, or were, in a natural state prior
to the influence of man, tidelands and submerged lands
and/or lands underlying a navigable waterway. The State
further contends that the public has used the subject property
for recreational purposes and access to the Pacific Ocean
and Buena Vista Lagoon for most of the 20th Century, and
as a public roadway since the late 1800s. It is the State's
position that this public use has created an easement for
public access and recreational use of the property in favor
of the public, pursuant to the doctrine of implied dedication.
The seminal decision of the California Supreme Court on
implied dedication is Gion v. City of Santa Cruz (1970)
2 Cal. 3d 29.
The parties to this dispute independently have investigated
the historical changes in the physical condition of the
subject property, the manner in which the public has used
the property and the actions of the holders of record title
to the property in response to public use. Artificial influences,
including the construction of a railroad and two highways
across the lagoon, the filling of lowlands, construction
of a weir at the mouth of the lagoon near the Pacific Ocean,
and the Oceanside breakwater along with'beach replenishment
projects and the pier upcoast, have resulted in significant
changes to the nature of the property since California
achieved statehood in 1850. Consequently, there is considerable
uncertainty and a bona fide dispute between the parties
as to the existence, extent, nature and location of the
State sovereign title and public easement interests in
the subject property. A judicial resolution of this title
dispute would require protracted and vigorously contested
litigation.
-2-
A 1' —<i ;CALKN'ilAR FTKM NO. * (Ct)NTI))
exCertS'Lve-.ncKoCintioris, 'rcprc'sentaCivcs of
the^partfcs-have'reachccttaniragrecnicnC in principle for
rcsoivingi.-*t-hefcVti'tr«i:Tque^tiom> ^presented hcrcL.by the_ fol lowingmcans^ij;,,, . '«^-™*-*. <•- .,.,„ ,-_.__ -Jt_—-
"-11321-.A permanent fixing of the ordinary high water
mark of the Pacific Ocean as an agreed common
boundary;
(2>> A public access and recreational easement area
on the sandy and cobblestone beach portion of
the subject property between the foot of the bluff
and the fixed ordinary high water mark; and a
public access easement over an existing stairway
from the first public road to the beach; and
i;CS:> An exchange of interests whereby fee title to
the present bed of Buena Vista Lagoon within the
boundaries of the subject property is conveyed
to the State in exchange for the conveyance of
any State sovereign title interest in the upland
portion of the property to Native Sun.
The three elements of the proposed Boundary Line Agreement,
Compromise Title Settlement and Exchange Agreement (referred
to herein as "Settlement Agreement") are discussed below.
II. PROPOSED SETTLEMENT AGREEMENT
A. BOUNDARY LINE AGREEMENT
P.R.C. Section 6357 authorizes the State Lands
Commission to establish the ordinary high water mark of
State sovereign lands by agreement. Both the State and
Native Sun have surveyed and reviewed prior surveys and
other evidence of the location of the ordinary high water
mark along the shore of the Pacific Ocean adjacent to the
subject property. Because the true boundary is uncertain,
the parties wish to fix the boundary by agreement in prder
to prevent future disputes as to ownership of this land.
The negotiated boundary runs along and approximates the
last natural ordinary high water mark. It separates the
public trust tidelands on the occanward side of the boundary
from the private uplands located on the landward side.
p—
I-*.,-.-.:..
/ 1 -JCALK WAR ITKM NO. r A (CONTD) -
B. EXCHANGE AGREEMENT
F The pending litigation also involves a dispute
as to the existence of sovereign lands within the portion
of the subject property located in or adjacent to Buena
Vista Lagoon. Some of the land involved in this dispute
was covered by the waters of Buena Vista Lagoon. In the
early 1970s, part of this land was filled in and is no
longer subject to tidal action or susceptible of navigation.
The State Lands Commission -staff has evaluated its sovereign
interest claim in the subject property both as to economic
value and value to the trust needs of the public in the
property. In compromise and settlement of their respective
claims and in recognition of the present condition of the
property, the parties have agreed to relocate the State's
sovereign interest to a location which is compatible with
the present condition of the property. The historical location
of the State's sovereign interest claim is no longer practical
for public trust needs and constitutes a relatively small
portion of the historic bed of Buena Vista Lagoon, and
the area to be .acquired pursuant to the exchange will supplement
and confirm the program being carried out by State agencies
to maintain and improve Buena Vista Lagoon as an ecological
reserve.
The staff analysis of the settlement indicates
-p that the rights and interests received by the State are --•
| equal or greater in value than the State claims and interests
being relinquished and extinguished pursuant to the proposed
exchange. The staff believes it is in the best interests
of the State, pursuant to P.R.C. Section 6307, to enter
into the exchange of interests described herein.
^, .. ^ In ordeir:to effectuate7 the exchange, Native Sun
shall -convey*to"" the™State all'right, title and interest
.in the MLagoon*;Earcelf', as. shown on the attached exhibit,
and the State^shariwissue its patents conveying to Native
Sun and Ticorthe^State|s right,"title and interest in
and to the-"Upland :Parcels", as shown on the attached exhibit.
Thev'public access and recreational use easement described
in Parr I ICC) ,cabovevwill;vbe deeded to the State by Native
" Sun.
-*- :. ;:. —.—\
CAM'^'JAR ITEM NO. ^ * (CoflTD)
C. .IMPLIED DEDICATION EASEMENT .
| The StaLc Lands Commission staff and Che Attorney
General have undertaken an investigation into the nature
and extent of public use of the subject property. As aj>
rcsul,£°<>f this" investigatlon,::y^hich Includes evidence of
use of the£property» In the late-1800s>; the State contends
thaf the. public has used 'all'of, the subject property for*
recreational" purposes-and access to the areas of the lagoon
and the Pacific Ocean below the mean high tide line and
.as ai^esultL^of^that use, an implied dedication easement
in favor,of the public exists over the subject property.
However^ various-holders of record title to the property
have ujtdertakea-ef£ortns to prevent public use and the accrual
of Impxt£et3*5-dcdi cation casement rights by posting signs,
erecting-fences^and'-recording; notices of consent to use^?
Baseebupon these-actions, it is the position of Native,
Sun-that: the,public has not acquired easement rights in**
any-pcrrti'ori" of the property. Thus, there exists a substantial
controversy between the parties as to the existence, extent
and boundaries ofj the 'implied dedication easement claimed
by the State; -•""
In order to resolve the dispute, the parties have
negotiated and compromised their" respective claims and
have agreed that the most reasonable location for the
r establishment of a public access and recreational use ea-sement
I area (Public Easement Area) lies between the ordinary high
water mark as agreed upon pursuant to the boundary line
agreement discussed above, and a line running near the--
foot of the bluff, then to the weir. This Public Easement
Area, as shown on the attached exhibit, in conjunction
with,the negotiated ordinary high water:mark, will insurer
the ability of the_public to use the major portion of the
sandy and cobblestone beach area existing along the coastline
•of the subject property.. The public will be able to gairu,%
access to the easement area by means of an existing public
stairway located on the down-coast border of the subject
• property over which an easement will be granted to the5
State. The stairway runs from Ocean Street, the nearest
public road>-ay, clown the bluff to the beach. The Public
Easement Area will be located by a conveyance to the State
Lands Commission from Native Sun. The Lands Commission and-the .people
will release,, as part of Che Settlement Agreement, any.^
claims to implied dedication rights in the remainder of-
the sub jcct property.; The release will not affect the authority
of the California Coastal Commission to requii~e the dedication
of public access or open space areas on the subject property
pursuant to the Coastal. Act.
-5-
41*CAU-;'~M< ITOI NO... <CONTI»
P On March":-23v~1933, the ConstnI Commission approved
| NaCive^Sun's, coastal.- permit application No. 6-83-51 .The
approval allows Native Sun to construct 14 condominium
units on Che bluff top portion of the disputed property,
ami requires Native Sun to dedicate the bluff face, the
sandy beach, and a substantial portion of the lower area
of the property as public access and open space easement
areas. The implied dedication easement area to be established
by the Settlement Agreement which is the subject of this
Calendar Item is compatible with the permit conditions
imposed by the^Coastial^Commisslon.„ 'In recognition of the-*
pending litigation- between Native Sun and the State over;,?
public easement rights on the property, the Coastal Commission
has pcohfibi ted ^construction, on the bluff top until the
litigaCiorrris"" settTed'*~Tn 'or but of court". Native Sun is
not obligated to accept the terms and conditions of the
coastal permit. If it wishes, it may choose not to develop
the subject property at this time. However, the settlement
of the litigation between Native Sun and the State, pursuant
to the proposed Settlement Agreement, is not dependent
upon Native Sun's acceptance or rejection of coastal permit
No. 6-83-51.
The purpose of this Settlement Agreement is to
resolve questions of land title between the parties and
r is not intended as mitigation, "dedication, or the meeting
| of any additional requirements of Federal, other State
or local agencies. The agreement shall not affect in any
manner the authority of the California Coastal Commission
to require the dedication of public access of open space
areas on the subject property pursuant to the California
"• Coastal Act, P.R.C. Section 3000 et seq. Further, the agreement
is intended to resolve completely the dispute between the
parties concerning the subject property. As of the effective
date of the agreement, each of the parties shall release
the other parties of all claims to or concerning the subject
matter of the agreement, including monetary claims of any
kind.
This agreement is exempt from the provision of
the Subdivision Map Act (Gov. Code (66412 (e), the California
Coastal Act (P.R.C. (30416 (c)), and the CEQA (P.R.C. (21080.11)
Copies of the Settlement Agreement are on file
in the office of the State Lands Corr.niiss ion. By this reference
it is incorporated herein as if set forth in full.
-6- f TS* 1
T
CALENDAR ITKM NO. * fcONTD) -
This settlement; proposal has been reviewed and
approved In its entirety by the Commission staff and the
Office of the California Attorney General as to compliance
with applLcnble laws and rules and regulations of the State
Lands-Commission.
AB 884: N/A.
EXHIBIT: A. Site Map.
B. Vicinity Map.
III. RECOMMENDED FINDINGS, DECLARATIONS, APPROVALS AND
AUTHORIZATIONS
IT IS RECOMMENDED THAT THE-COMMISSION:
1. FIND THAT THE SETTLEMENT AGREEMENT DESCRIBED
HEREIN IS NECESSARY AND CONSTITUTES AN APPROPRIATE
MEANS OF RESOLVING THE DISPUTE EXISTING BETWEEN
THE STATE, NATIVE SUN INVESTMENT GROUP AND TICOR
TITLE INSURANCE COMPANY OF CALIFORNIA [FORMERLY
KNOWN AS TITLE INSURANCE AMD TRUST COMPANY],.
AND AUTHORIZE THE EXECUTION OF THE SETTLEMENT
AGREEMENT ON BEHALF OF THE STATE.
2. FIND THAT P.R.C. SECTION 6357 AUTHORIZES THE
COMMISSION TO ESTABLISH THE ORDINARY HIGH WATER
MARK OF TIDELANDS ALONG THE PACIFIC SHORELINE
OF CALIFORNIA BY AGREEMENT AND FURTHER FIND THAT
IT IS EXPEDIENT AND NECESSARY TO ESTABLISH THE
ORDINARY HIGH WATER MARK AS A FIXED BOUNDARY
ALONG THE SHORELINE OF THE SUBJECT PROPERTY,
AND THAT THE AGREED UPON BOUNDARY IS THE RESULT
OF A GENUINE EFFORT TO DETERMINE THE TRUE BOUNDARY
' BETWEEN PUBLIC TRUST TIDELANDS OCEANWARD OF THE
AGREED UPON ORDINARY HIGH WATER MARK' AND PRIVATE
UPLANDS LANDWARD THEREOF.
3. APPROVE AND AUTHORIZE THE EXECUTION OF MUTUAL
QUITCLAIMS BY THE STATE AND NATIVE SUN ON THE
SIDE OF THE AGREED UPON BOUNDARY, OPPOSITE THEIR
RESPECTIVE' OWNERSHIP INTERESTS, AS PROVIDED FOR
. IN PARAGRAPH 2.3 OF THE SETTLEMENT AGREEMENT.
A. FIND THAT THE EXCHANGE OF LANDS, AND RIGHTS AND
INTERESTS THKREIN, SET FORTH IN ARTICLE 3 OF
THE SETTLEMENT AGREEMENT IS IN T1IF-I BEST INTERESTS
OF Tilt: STATE AND PUULIC AXD IN Ft.'RT!USANCE OF
PUBLIC TKUST PURPOSES OF COMMKRCK, NAVIGATION
AND FISI1F.RY; THAT '[HE EXCHANGE WILL NOT SUBSTANTIALLY
-7- ,;.,.:;7vr"~ T92
'41CAF.F >AK ITEM NO.
T
INTERFERE WITH THESE TRUST PURPOSES, BUT RATHER
WILL. ENHANCE AND ENLARGE THE PUBLIC RIGHTS AND .
UTILIZATION OF-THE WATERWAYS INVOLVED IN THIS
SETTLEMENT AND SUPPLEMENT AND CONFIRM THE PROGRAM
BEING CARRIED OUT BY STATE AGENCIES TO MAINTAIN
AND IMPROVE I3UENA VISTA LAGOON AS AN ECOLOGICAL
RESERVE.
5. FIND THAT THE VALUE OF THE TITLES AND INTERESTS
IN THE LANDS ACQUIRED BY THE STATE FROM NATIVE
SUN IS EQUAL TO OR GREATER THAN THE VALUE OF
THE STATE'S INTEREST IN THE TITLES AND INTERESTS
IN THE LANDS BEING EXTINGUISHED, REMOVED AND
RELINQUISHED AS A RESULT OF THIS SETTLEMENT.
6. FIND THAT TO THE EXTENT THERE ARE SOVEREIGN RIGHTS
AND INTERESTS IN THE UPLAND PARCEL, AS DEPICTED
ON THE ATTACHED EXHIBIT AND AS DESCRIBED IN THE
SETTLEMENT AGREEMENT, THE LANDS IN WHICH SUCH
RIGHTS AND INTERESTS EXIST CONSTITUTE A RELATIVELY
SMALL PORTION OF THE HISTORIC BED OF BUENA VISTA
LAGOON AND HAVE BEEN IMPROVED, FILLED, RECLAIMED
AND EXCLUDED FROM PUBLIC NAVIGATIONAL CHANNELS;
SUCH RIGHTS AND INTERESTS ARE NO LONGER AVAILABLE,
USEFUL OR SUSCEPTIBLE OF BEING USED FOR COMMERCE,
NAVIGATION AND FISHING OR OTHER TRUST PURPOSES- -
AND ARE NO LONGER IN FACT TIDELANDS OR SUBMERGED
LANDS; AND THEREFORE IN FURTHERANCE OF A REASONABLE
SETTLEMENT OF A HIGHLY DISPUTED SOVEREIGN RIGHTS
CLAIM, SUCH RIGHTS AND INTERESTS SHALL BE FREED
FROM THE PUBLIC TRUST UPON THE EXECUTION OF THE
SETTLEMENT AGREEMENT BY ALL THE PARTIES AND RECORDATION
' IN ACCORDANCE WITH ITS TERMS, PROVIDED THAT SUCH
AGREEMENT IS CONSUMMATED AS PROVIDED FOR AND
WITHIN THE TIME SPECIFIED THEREIN.
7. APPROVE AND AUTHORIZE THE ACCEPTANCE AND RECORDATION
OF A CONVEYANCE BY NATIVE SUN TO THE STATE OF
ALL ITS RESPECTIVE RIGHT, TITLE AND INTEREST
IN THE LAGOON PARCEL, AS DESCRIBED IN PARAGRAPH 3.2
OF THE SETTLEMENT AGREEMENT; AND FURTHER APPROVE
AND AUTHORIZE THE EXECUTION OF TWO STATE PATENTS
CONVEYING TO NATIVE SUX THE STATE'S RIGHTS, TITLE
AND INTERESTS IN AND TO THE UPLAND PARCEL OF
THE SUBJECT PROPERTY.
8. FIND THAT THE ESTABLISHMENT OF A PUBLIC ACCESS
AND RECREATIONAL l.'SE EASEMENT AREA, AS PROVIDED
FOR IN Till: SETTLEMENT AGREEMENT, IS A REASONABLE
RESOl.lTION OF THE SIT.STANTEAL CONTROVERSY BETWEEN
THE PARTIES AS TO THE EXISTENCE, EXTENT AND THE
BOUNDARIES OF THE IMP!. I El)' DEf) I CATION EASEMENT
AREA CLAIMED BY THE STATE."'
CAI.KNDAR ITEM NO. 4 1 (C{»,\TI))
T
T
9. APPROVE AND AUTHORIZE THE ACCEPTANCE AND kECORDATION
OF A CONVEYANCE OF THE PUBLIC ACCESS AND RECREATIONAL
USE EASEMENT AREA TO THE STATE PURSUANT TO
PARAGRAPH 4.2 OF THE SETTLEMENT AGREEMENT AND
THE RELEASE OF IMPLIED DEDICATION CLAIMS ON THE
REMAINDER OF THE SUBJECT PROPERTY BY THE STATE,
PURSUANT TO PARAGRAPH A.3 OF THE SETTLEMENT AGREEMENT.
10. AUTHORIZE THE ACCEPTANCE AND RECORDATION OF A
CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR USE
OF THE STAIRWAY AT THE SOUTH END OF THE McMAHAN
PROPERTY TO THE STATE, PURSUANT TO PARAGRAPH 4.4
OF THE SETTLEMENT AGREEMENT.
11. AUTHORIZE THE STAFF OF THE COMMISSION AND THE
OFFICE OF THE ATTORNEY GENERAL TO TAKE ANY AND
ALL FURTHER STEPS NECESSARY TO IMPLEMENT THE
FOREGOING TRANSACTION, INCLUDING BUT NOT LIMITED
TO THE EXECUTION OF DOCUMENTS AND APPEARANCE
IN ANY LEGAL PROCEEDINGS CONCERNING THE SETTLEMENT
AGREEMENT.
!:"-.;-;::-;Tf3-;q
\\
\
EXHIBIT A
W503.1197 W503.1198
EXHIBIT "B"
W503.1197 1-1503,1198
Parks & Recreation Department
"The Green Sheet"
October 17, 1983
The Recreation Division is sponsoring a "Teen Dance" on Friday, November 4,
from 7-10 P.M. The event will be held at Harding Community Center. The
music will be provided by the "Untouchables".
The North Coast Junior Women's Club and the Department will be sponsoring
the 2nd Annual Halloween Carnival and Haunted House at Holiday Park. The
activity is scheduled for Sunday, October 30 from 2-8 P.M. and on Monday,
October 31 from 4-8 P.M.
If you have visited Holiday Park recently, you may have noticed the remodeled
horseshoe pits. The labor needed to remodel the project was provided by the
Mexican-American Association. We appreciate their contribution.
The new Boom Truck has arrived,
of a new Brush Chipper.
The City Council also approved the purchase
The Department received 117 applications to fill two part-time positions.
After three days of interviews, Belva Gilbert was selected as a custodian
and John Morales as a Facility Attendant.
Bill Baldwin, Assistant City Manager, will be retiring from the City on
November 1. We will miss him. Bill was responsible for the Streets Division
and Building Maintenance. The City plans to consolidate these divisions into
other departments.
Shirley Dahlquist reported that the Vista Parks & Recreation Department does
support the concept of an informal Regional Parks & Recreation Commission.
Carol Behr, Recreation Supervisor II, recently had surgery. She is recuperating
at home and will return in 2 or 3 weeks. We wish her a speedy recovery!
The California Park & Recreation Society (CPRS) is sponsoring a "Casino Night"
on Saturday, October 15 from 7-11 P.M. at "The Barn" in San Marcos. Tickets
can be purchased at the door and are $8.00. The funds will go towards scholar-
ships and the general fund.
The 1st Annual Fall Pitchoff Horseshoe Tournament is scheduled for Saturday,
October 29 at 8:30 A.M.
The Recreation Division is sponsoring a Women's and Men's Softball Triathlon.
The three events are: Hitting for Accuracy, Throwing for Accuracy, and Hitting
for Power. The Women's triathlon will be held Saturday, November 5, at Chase
Field at 8:30 A.M. The Men's event will be held on Saturday, November 19,
8:30 A.M. at Pine Field.
The 4th Annual Turkey Trot Fun Run will be held on Saturday, November 12
at Levante Park. The run will begin at 8:00 A.M. and each contestant
will receive a t-shirt. The activity is open to all ages.
Lagoon Patrol ended September 11. The boat has been put in dry storage.
The maintenance Contract for Jefferson has ended. The City has accepted
the project and will now be maintaining the park site.
1