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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 r r. 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 r r T 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 r r T 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— r 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