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submerged lands ttnder Lease P.R.C. 2,36 issued to Standard Oil Conipany of Calif orniao

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28. (REQUEST FCB PERMIT TO DRF.DGE TIDE AND SUBHt;RGED LAHDS, HUENEME, VENTURA COU?~T.I, U.i s. OCEPS OF EtiGINEERS - w.o. 1421,, P.R.c. 79S.6.} The District Engin~:er ~ Los Ailgelea District., Corps ot Engineers, U. S ~ Arr.rrt, has requested a pemit to perform. dredging of sand from the accre~iona 1-ediately upcoast from Hueneme Harbor and to place the and so dredged downcoast from Hueneme Harbor. The reason for the proposed project is to replenish the e~oded beach downQOaSt and to create a stoelc of material for eontimled repleniShment f'rom Hueneme to Point Mugu. The Beach Erosion Board l}as determilied that erosion downcoast and accretion upcoast were caused by the jetties at Port Hueneme.

It is p:µumed to remove apprbximatel.J .tour million cubic yards of eand in the prQposed project, with additional dredging upcoast and placement downooast at; five-to-eigh~7-.r intervals. ,.

UPON .MOTION DULY HADE ..\ND ~IMOUSL! -a.\P~:ruEO, IT WAS n~flli.~~ At'3 FOLLOYB;

The Executive Ofticer is authorised to issue to the United. State,. a peX'ld..t to dredge apprexin;ateiy four .Ulion t;Ubic; yards ot s&n:d from the area seaward or the t>rdinaey- 1µ.gh .. ma.ter mark ~ immedi­ately upcoast r~om. the wef!lterl3' jetty at· the entran<;e to Port Hueneme Harbor, &lid deposit th~ dredged -.terial ~jac~t to, and dc;.wncoast from the east. jettt for the :pu~rpose ot repienis~nt of el'9ded area.8,. ,,..

• 29. (AUTHCltm AND DUTIF.S OF EXECUTIVE OFFICER - W.o. , 1087.} In the Mix)ut• or the l'lleetinlt or the State Lands ·Cotm'.:tssion of September 15, 1949, the f'ollcnt-­ing appears as Itetn 48, Page 1014:

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tt48. (Im:estig~tion or PoliQies on Proc~~ Matte~.) The Executi'V'e Offic•r reported that it bad be~ his observatiol'.J. that matters of minutr­det;µl were being presented to th~ Commission fpr aotioi.\ which might be delegated to the Executive Ot:ric~r, thus l'elieving the records of con­siderable matter and minimizing the •ount ot •teria.l to be presen~ i. to tl)e Con.mission for action.

"On motion daly made and unanimously t;arried, the ~outive Officer wu instru.oted to continue the investig-.tion and report ·back to the OODDi.8· sion at some tu.ture date his r.ecoillendation in the premises. it

To detel"lftint. the ext~t of delegatiol\S or a.uthortv previol.µllJ' mad~, b7 the State Landa C:Olni.asion tQ the ix'ecu.:tive Otticer,, all of the mnutejl of all ol the meetings ~t the OoJJ'lltission froll June 11, 19381 to 4ate bave been e~, ..0 extr•otlt pertinent to this study have be• nde. these app~ar in the left halt o:t e"oh ~~tor the compilation in ·Ex:hj.bit "A" attached .. This· seeJQS to il'kli.eate ~t ac:td.ons taken in the past ha,ve been intemitt:ent and possiblJ withetut the benefit or a re'fiew, suoh ae. thia.

In i:ecent years lur>J of the a.uthcritieB thus deleg.~ttd l:f' the 00.U..ssion :bate been discharged by the Eltecut:tve Otticer, ·persQnalll or thx'o\l8h ~is statt,

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but many details have been referred to the Oomission for which there seems to have- been authe:.ri\V' for action b; the Exeou~ive Officer. In order to ~e:mecJT this situation and to accomplish decentralization of the Commission's operations as far as may be desired, some changes appaar to be required. On the right halt of each sheet of' Exhibit "A" proposed counterparts of exist­ing authorities are set forth, plus several additions that are believed to be appropriate.

The o~ proposri change& in delegation or authority to tl'le Executive Officer that are of sub::t"".::4 ·ial nature are those pertaining to the issuance or renewal of 1eases of StqLte lands and right-of-way easements thereon and to assignments and minor J'llOdif'l'.cations of leases. It is proposed that in noncontroversial cases involving_ ~ual ren~ not in excess or $600 or appraised. valuations of not over $1010001 the Executive Officer negotiate and issue leases and. re• newals-, reporting the action taken to the Comission at its next "18eting. All 1ease forms have been standardized,, and have been approved by the Commission and the A ttornq G~ral:J rental rates, re.- and policies have been fixed; and the Rules and Regulations govern other procedur.es. With all these limitations, normal operations are largely rout~e.

Itell 20 in Exhibit "A't. relates to the execution or assignments,, minor correc­tion.a in descriptioM of areas under l~ase, appr'oval 0£ ~difications to structures, and: the erection of new JIQ'bor- stnctures, These ar& inatters of detail of which tbe COlmnission wili be \cept advised, bo.t are not believed to be ot sufficient importance to warrant h})e· delays. incident to obtaining ad­va"\ca approval by- the Commission in e&C4\ ca8e •

These proposed changes are .expec~ to increase the eftici~c;r of operations o.f the Division of State La.l¥is. Under present conditions there is a peak in the work load after practicalq eveey meeting ot f4e Oo,,"Dmi.J"' ....-oton. Applicants are anxious to receive thei:t leases as soon thereafter as possib1e., and efforts to provide .g6od service in a short space of tilne throw an ad~ed burden on the staff. By processing some ot the applicatibns and leases as tbey are received, a. more uniform distribution of labor will undoubtedly result.

At each regular meeting the Comission 1dl:l be ird"omed or all actiQns taken relating to the issuance, modification,, renewal, or "5S:i.gnmenf:, vf lease~ f;lub­sequent to the previau.s :regular meeting.

Authori't1' for the Comission to take the a~· :...nn herein recoml'ltended is found in Section 6106 of the Public Resources Code. This has been confirmed by the Office of the Attomey General.

·The "Proposed." authorities appearing in Exhibit ttA" have beer, rearranged and partq consolida. ted in the recommendation which follows:

'lne St~:ts ~r~ds Cont~'lt!fion ~soi.~ ~u p:rev.iov.s d~e;t.tlvilii of authority tm:i! a~~~.gr>~~ ~f d:t.tti:t=~ tu the Exeoutive ottioer and \ _, personnel of the Div.i.Gj.on ot Sta~ Lanae,, and in their stead authorizes the following;

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l. GENEilAL, The Executive 0.fi'icer shall generally represent the Sta. ta Lands Com.~ission in all matters under its. jurisdiction subject, however, to the limitations hereinafter expressed. He shall be the chief administrative officer of the Division o! State Lands, and in such capacity shall have supervision over all property, equipment~ bank .accounts, i'unds and records assigned to the Division o! State· · Lands. He shall direct all operations and administer the sale and leasing or lanc.s under tha jurisdiction of the Oomm;i.ssion in com• · · pliance with the provisions of ~~1e Rules and Regulations of the '. Commission and of its expressed policies~ ·

2. PERSONNEL. The Executive Officer shall have supervision over all personnel and personnel I11.a.tters in t."le Div""ision and in these re-

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spect$ shall have authority to act as Appointing Power. He shall .have the allocation of assignments and duties; the enforcing of a.ll .. statutes, rules and reg\llations governing Stat& c;\til servants; the· . tcking .of disciplinary action wh!)re such action is in the interests

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of the State; and the a'Q.thoriZtJ:~ion of within-State t.:ravel and the · · ap;prova1 of travel e~:pense vou.chers tor payment,; but he shall ha.Ve no power to authorize the creation of a new position~ or to file charges for the dismissal of l\n employee 0£ the Divi.Sion of State Lands.

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3. EXECUTION OF DOClr1MENTS. The Executive Officer is authorized to I ·. sign checks dral-.-in against any barik accounts maintained in the n~e . l of the Division, exoept that checks in 2.&'1\ounts ex(}e~ding $10;0003...,,..,..,., ~ shall bear two authorized signatures.. He may execute any AAd all ;-r' ; . authorized documents relating to off'icia1 business of the Division, I ~o ~ · · including, but not thereby delimiting, claims filed with the State . J·: · Controller,, oertified copies of documents, and other official papers •. · .. ·I . ... . ,' ·. " ' ~ ..

· 4. BUDGETS. The Executive Officer· sl1al1. prepare, or' cause to be prs• ·· pa.red, all budgets 1 budget revisiuns, and other tiscal documents ·-. ·:·· ·. ::'. · .

· that are justified by the needs of the Di vision in carrying out its . .. . · ·; .. activities, but such budgets shall not be effective without the ....... :. .·I· -

approval. of the Sta. te Lands Commission and of the Department of < . :: .~ . -~ .. ·Finance. · · : ·" · . : l ..

., . . I : . ,, . . . $. LITIGATION. The Executive Officer,. in collaboration with the Attor•. ·; . .: ".

ney General, shall attend to all litigation or the State Lands Com-;~·.· .": ". . mission, and shall, whenever he deems it advisable,, request· the ·:·.;-. · ..... l -. Attorney General to give consideration to institution of actions to . ·:" ·· ' 1 :·

protect those interests of the State which are under the jurisdic· .. -" · ".i · .

tion of the State Lands Commission. He is authorized to request · :. · j: '. opinions on behalf of the State Lands Commission, as provided for . . . 1 · ... · by Section. 12$19 of 'J;,he Government Code. · .·~ ·· i. · "fr.;

6. CONTRP.CTS AND PURCP'.ASES.:. The Executive Officer shall have authority to negotiate ·and execute any and all contracts for necessary ser­vices, in an ~iiount not to exceed. $2000 £or each contract and to authorize all nAoes:saey purchases of goods ~.d services, provided. suoh actions are in ooni'ormanca With statutory authority and the

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l. GENER.AL. The Executive Officer sha.11 generally represent the State La!lds Commission in all matters under- its jurisdiction subject, however1 to the linsitations herei.natter expressed. He shall be the chief administrative officer of the Division of State Lands, and in such capacit,' shall have supervision over all property, equipment, bank aceounts, .funds and records assigned to the Divl.s2on ot State Lands. He shall direct all operations and administer the sale and leasing of lands under the jurisdiction of the Comission in com­plianc9 with -the provisions ot the Rules and Regulations or the Commission and of its upreased, pollc:!.es ..

2. PERSONNEL. The Executive Officer shall have superdsion over all persc-inel and personnel mcttters in the Division and in these re­spects sball have authority to act as Appointing Power. He shall have the allocation 9:f assignments and du.t~es; t~ entorcing of all statutes) rules and .regulations goYeming State Civil servants; the Uking of disciplinarT a~tion lihere such action is in the interests or the State; and the authorisation of within-State traYel and the approval of trave1 expeme v.ouch$n for ~tJ but he shall h•ve no power to authorise the creation or a now position, or to file charges for the dismissal ot u. employ4e of the Division of State Lands.

.3. EDX:UTION OF DOCUMENTS. The Executive Officer ia authorized to sign checks drawn against ant bank accounts maintained in the name or the DiviSion, except that checks in Uti6unts exceedi.Qg 610 ,ooo alsall bear tWO authorised siptures. He mq execute any and all authorized doCUDmt5 reliting to official business ot the Division, including; but not thereby- deltmiting,- claims filed with tha State Controller, certified copiea or doC\.lJllfm.ta, and other of£icial papers.

4. WOOETS. ~ Emcutive Otticer shall prepare,, or cause to be. pre­pared,. all Wdgeta, budget :J!evisiona., al1d other fiacal documents that are ~ustified by the needs ot the DLvision in carr,ring out its activities, bu.t· such budgets shall not be. effecti.Te w.tthout the approval of the Sta~ Lands Comission 1nd or the Dep&:rtment of Fl.nwl.ce.

>~ LITIGATION. The Executive Otticer1 in collaboration with the Attc~-­nq General, eh.all at:t.o~ to .ii litigation of the State Lande c~ mssion, and shall, whenever he deems it adv.isable:f request the AttcX'llq General to give consideration to institution oi" aetions to protect those in'teimts 0£ th& State ..mich are- u.m...er the jurisdio­tion of the State Lands Oomis81on. He is. authorised t-o request opinions o..~ behalf of the. State Lands Oonmtiasion,. as provided for by Section 12~19 ot the Oove:mment Codet

• 6. Cotml.AOts AND PURCHASES. ibe Executive 0!'£icer shall have au.thori. t., to negotiate and execu.t& &nJ' w all ~ontracta !or neceeu.ey- ser ... Vicee, in an amount not to exceed $2000 tor eaoh oontt'aet and to au.thorit'l all necesaarj pur~ea ot goo= and aerri~u.., provicled sueh actions are in contormanett with stat.utorr au:thorit7 and the

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rul.es and regulations of the Department ot Finance.

7. OIL AND GAS OPERATIONS.. The Executive Officer shall have jurisdic­'tion over all matters pertaining to oil and gas operations of all kinds in all areas no~~ devoted to or available for State leases, but he shall not have power to invite bids tor new leases, nor, except as provided for in Paragraph 13 hereof, to modify, am.end., or abrogaite a.t'J¥ lease or agreement vitbout specific authorization in each oase by the Commission. '

~e lxec;u.tive Officer is authorized to approve revisions of the State's allotments in gas fields in State lands:, and to approve un­ccn.t?"ov~rtad. contraots fo"J: the sale of oil or gas produced under State leas·e.

8e HINWLS OTHER TRAN OlL AND GAS. The Executive 0£fice~ 'ltlJ11 nego­tiate, exscute and issue p:rospect:ing permits on .approv«t forms and in :full accordmce with the requirements of all pertinent provisions of t..lie P.11blic Reso-u:rees Code and the ut..iab1i11bed p01iciea and rules and regulations of the Comntl.ssion.

ln the case of mineral leases 1 if the are& is know to contain minerals in CODlllerc~ va];.uable quantities, the Executive Officer shall oft~r the area tor bids in acoo~e vi th law and the :rules and regul.Ations of the Comission, but ·no award of a lease or an agrt\etrtent shall 1'e made without specific authorisation by the Qom.­misBion.

9. O'?Im2t LEASES OF STATE !ANDS. The Executive Offic$r is authot'ized to .negoti&te, execute and isaue ieasea. permits~ and right-of-way easelllents, or renewals thereof, for structures or operations other than production of oil, gas or other mnerrJls., in lands under the jurisdiction of the State Lands Comnission, proV.ided they a.re strictly in CQm.Plianee nth the form, content, ~tal rates, fees, and conditions previously established or authorized b.r the ·policies and rues and regulations of' the CODtis.sim. ·

10. GROINS, ETC-. The Executive Officer is authorized to approve plans to constrt,tct., alter, ·repair or reconstruct any of the struQtur~ named in Section 6321 of the Public Resources Code, in accordance with th& law applicable the;reto and the policies and rules and regu1ations of the Corrnission4

ll. SALES OF ST.ATE LANDS.. !he Executive Officer is authorised to adver­tise State schqol lands for sale~ and to file with the Bureau ot Land ~gement, United Stated Depart.ent of the Interior,, tor selec­-1·'\ons, upon rece.i.pt ot applications therefor., and for uchangea in cuea where school lands bave been wt thdrawn by ti.~e United States. When all p~es have been completm, report shall be made to the Oomisaion for action. When sal.3a are .e.pproved the Executive O!!icer shall arrange tor the execution and Ulswmce of' final doeu .... men ts.

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12. COLLATERAL BOlIDS. The Executive Officer is authorized to act on behalf' of the Commission in the acceptance ~f a faithful perform.• ance bond executed by a lessee or lease applicant, in lieu of a corporate surety bond, under such terms and conditions as the Cozn ... mission may prescribe~

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ASSIGNMENTS AND MODIFICATIONS. The Executive Officer is authorized to execute ass1.gnments to leases, and to approve alterations to structures or the erection of new structures wh.ere the cos..., thereof doea not exceed $1.000, and to make minor correctiou in descrip­tions of property under lease"

DET1mATlONS. l:ne Executive Officer m.q delegate S'J1' powers and authoritiea herein granted, whenever such action is in the irt.tereat of the State.

LIMITATIONS. The authe:.."i ty' granted to the Executive Officer to negotiate, execute and: issue leases and: permits ot various kinds, or renewals thereof, shall be li.mi.ted to noncontroversial cases involving annual rentals or .tees of not in excess 11t $600 or appraised valuations or not over $101000. J...ll other cases shall be submitted to the Commission tor .final action.

1.be Execu.ti ve Officer shall. uke a re,port to the Commission at each meeting on the salient features of all leases and pexmits issued b,f him subsequent. to the previous meeting of the Coa:~.ssian •

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IS CT &ATE &JI p --..

AUTHORITY: AND DUTIES

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FJECUTIVE <l'FIOSR1 STATE LlNOO COMMISSION

PRESENT

Approved August l6, 1940, and August 28, 1941 (Itiem l. to 13 _iDClusive below)

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The Ex.ecuti ve Officer shall Jiave supervision over personne1 in the Di­vision of' State Lmls and the alloca­tion of direct assigmients and the allocation or duties or the, peraonnel, shall attend to all routine :personnel matte~ as required by the Constitn­tion1 laws of the State, rules Gd ~gul&tions of the State Peraimnel Board a?¥i SU.Ch other laWs ard. rults &$ are applioabla incltJ.dbg 1-lt not thereby delimiting signing ot attend• a.nee reports 1 P&JrOlla 1 mthor.Lzati<>m tor all ~rar.r help, sick lea.TeS, vacations, per.tt.>rmtlt69 reperts:. expense ·~~ts,, and all 'Other rou­tine matters, W.t he shall have no power to authorise ~ .creation of a nev permar.ent poaition o:r to fUe charges either for tr.ie suspension or the diSiilissal of an employee of the Division ot State I.ands.

2. OIL AND :QAS ~ ?he Executive O!ficer shall. have

jurisdiction over .U. routine oil and pa natters eomern:tng operations of all kinda at Ht:&ntingt<m ~ach, Rincon, Sunnerla.M"' Goleta,, E.1.w(1Cd1 Hollister Ranch, ~Mld Isla.nd, Rio Vista,. Round Mountain lease in litm CCNntJ' .1

and all areas. now d•voted to or avail­able !or State miner&! pros~td.ng Ptrmits or mineral leases)' bu.the shall not have ~r w invite bids for new drilling, tor redri.l.1Jng opera­tions l or for the writing :Jtt or delin.., quent a.ecounts,, or in aJ'fJ' ~ l'ftOO~, &.tlSendi!Jb -Ol' ~ &U7

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The Executi.,. Officer shall ha're supervision over all penonne1 and p~rsonnel matters in the Division, and iJl these respects shal.l have authority to ac·t. u J.ppoiJlting Power. He aball have the all0cation of assigmailts and du.ties; the .ento~ing of all statutes,, ~:s am. regulations go~, state Civil servants; the taking or diseiplin­a.?:'3' action 'Where su.~h action is in the interests ot the State; and the au.thori­·1ation or w.lthin-Sta.ta trawl ·and the approva1 of travel expense TOUchers tor payment; but be sh&ll bani no power to authorize the creation. or n new position, or to file charges £or the di~missal ot ~ eJ21l1oyee ot· the Dinsion of State Landa.

2.. OlL AND GAS OPERATIOIG The Executive Otticar shall ha.Te

jurisdiction over all mattera.perl&in­in& to oil and gas operati01'14 of all killds in all · areu now devoted to or avallf.ble tor State leaaes .1 Wt he $hall not have power to invitJ bids for new lease•, nor,, ei:eept u Provided for in ~ 20 hereof, to ~t amnd, or abrop.~ ~ l&aa6 ~ "IX'"· ment witboU.t specific author!Jlation in each cue by the Comi.dsion.

The &icecutin Officer i5 ~ ized to~ ~<m3 of U1e State's all~ in gas fields in State lands,

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PRESENT .... 1 ...

2. OIL AN!> GAS MA.TBRS (contd.)

lease or agreement. In case of mineral prospecting permits, the Executive Officer shall first obtain the approval of an officer in the Di 'Via ion ot Mines with respect to the known mineral con· tent of 8.1J1 parcel for which applicc...'Q.:on raa:y be made for a pJ.'Qspect.ing permit, and may thereupon issue a 'State mineral prospecting permit.- In oase of State mineral leases, if' the report of the officer of the J.Jivision of Mines shqws the area to contain mineral in conner­cial quantit4.es 1 he shall then otter the area to the highest bidder in acco~ With lw and the rules mi regulations of the- Ccmmdssion, mt bida shall. be opened 1>7 the Comission and ant award of a lease or agreement sh&U likewise be authorized by the Commission,

3. GROINS, BUL!BEADS, JETHES, :ETC. The E.ncutive Orticer shall have

paver to approve ttApproyal. of Plans" to eoJetru.et~ repail' ... or 1'19Conatmct, 8If1' -or the structures DUled in Section 690.10 of the Political Code, upon receipt of approva.1. the:retor or the CQl'!Wission•s CoJ16:.11ti?Jg Seacoast Engi­ree;-# in a~Ol'da.me with the law appli­cable thereto am rJas alYi regulations of the Co&s~on.

4~ WHlRV§ ~ PIEBSi ETC. The Eatecu.tive Officer shall haw

power to rec~nd to t~e Director ot Fina.me the execution of a 1ease ~r easement for the pw:pose of construc­tion,, repairing or reoomtructing whar99$) piers am like structures not described in Section 690.10 ot thl Political Code~ upon a~oval o:f a engineer of the State Lands COmmiaaion With r8spect to suitability of plans and specifi~a.tior.tStb The consideration to the Sta'" in any- such eauenaent or agreement shall. be determined bJ' .an

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2. OIL AMD GAS OPERATIONS (contd.)

and to approve uncontroverted contracts for the sale of oil or gas produced under state lease.

3-• MIRERAm OTHm THAN OIL AND GAS The Executift Oi'fic~ ma.y Mgotiate,

execute and issue prospecting permits on approWd .toms and in Ml. &1:cordance with the ~ta Of a..1J,. pe~'lent provisions of th~· ~blic Rasources Code am. the estabUshed policies and rules and regulations ot the Commission.

In the cu• ot mineral leases, it, after investigation, the area is known to contain mine~ :tn c~rcial.11' valuable <pl&ntitiea, ~ Execu.tiw Offi­cer shall otter the area for bids, in accordance 'With l• and the ;ules and regu].;ationa of the Coarniasion, but no aMal'd .of ~. least or an agreement shal1 be irade ~ithO\lt speoif'ic authorization b;y ~·- -C~eion •

4, GROD&?, ETC. The E;ecutiw Officer is authorized.

to -.pprove plans to construct, alter~· ~ OJ:" reconstruct; aq al -the struc­tures. named in Section 6321 of the Public Resources Coda, in ace~ with the l.a.w .applicable tharato and the policies ar.d ru.1.es and regulatio¥ of the Ccard.s· sit>n.

5. OTHER LEASES OF STATE LANDS ~e Executive Officer is authorized

to negctiatA!J! execute ard issue leaees, permits, and rlght ... of """way easement&, or renewals t.bereof, for atructures or op!ra.tions_ other than p~tion :of oil1 gas or othe~ mineral.I, in .sovereign 1mn~ under the jurisdiction. ot the State Lams Comnission, provided they are at:cl.ctJ.J in c~anee with the f'ora$ content> rental rates, fees, and col¥li,. tio~ prev.tc~lr establish&d or­autb.o.rized bythe policies am ruJ.es ~ resula.tiona of th~ Oomiasion~

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• 4. WHARVES, PIERS, Eroo (contd .. )

appraise•11t made by the Executive o.tfi .. cer or some person or bO<tr selected by him.

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S. CHAPTER 69, STATUTES CF 1929, No counterpart; this is obsolete.

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AS AMENDED 'rhe Executive Officer shall haw

the power to perform all Preli.m.i.nar1 ·:.rork including obtaining of ~J'S and including appraisement of the State p.rope!:'t;,7 in.V'Cl'"J"ed, but ~e sria.1.l obtiin from ~ State Lands Comssion author­i tr to request the Gaternor· to ~cute &.111' ·such 1Jrapased lease.

6. ~T ~O GOVEJ:U«>R TO EXECUTE PA~HTS, ISSJA.l«}E OF CZRTIFICATES °' PURCHASE AND INDEMNITY cmm­OATES Tha ix.ecu.tL:ve 0.f!icer shall sign

all requests t.o the Governor tor execu­tion of patents in all cases ~ lArds of the State have heretofore 1-eL ·sold b.l.t patent not issued, and sball issue indemnity certificates for lieu lands am. certificates "Of p~, but ~ he. shall haTI} no power to sell or autbpri.1e ti~ sale of' oth$r 1al¥la ot the State inc1.uding Sections 16 and j6 without the express authorization of the state LandS Comissior1.

1 o SAW> OF LA.Nm The. Executive Officer is author­

ised to advertisa State J ands ~or sale and to !ile ld. th the Bureau ot Land Management.,, u.s. Deparlaent ot the Intt\riOl", for selectioilS, upon :receipt of applications tllerefor, and for «r.• cha.ngea in cues where school lands have been 'Withdrawn by the United S""'...atesll When all p~""ies h&ve been cOll!)leted.: reporl- ~ll be made to th.a 0-~~ttti for fL"1al. action.

(Authori~ed by Commission on Februa.1.7 101 l9SO.)

6. SAIES OF STATE LA.Nl:S The Executiw Otticer is authorised

to adffrtise State acJ10o].. lands~ for sileJ and to file with the Bureau or Land Ma.nzagemmt, United States Department of the Interior,. for selections,. upon :receipt of applications therefor, and for- excha:ngea in cn:ff!s 'Where. school Ja;da i.ve ~n withdrawn by the Utrl:tctd Statea. When all ~es~ •n completed, .report shall be nad,e to the aonatssion: for action. Ylhen sales are a.H>rondt the ExeW,tiw Ofticer shall arra:ngt .tor tne exeCf.ltion and issuance of final. documents.

1789

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8. PURCHASES 1 SERVICE CONTRACTS AND SER1'ICES

The Executive Officer shall make all necessary purchases, execute m necessary service contracts and con­tracts for services vi.thin the l.irnits of the budget as apprand bJ' the Departnent of Finance, but he ehall not make any purchase or autb.o~..a a:rq service in connection Yi 'th a policy ditfel."ent 1'rom. that now in effect without tne specific authorization of the State Land.Ill Oonnission .. (See alao Canm:d.ssion aetion 0: Ju.i::Wt 21, 1951, authorl!!~ exe~tion of con­tracts in .maount not e:xceedirc 120CX>.)

9. GRAZING LEAS~ The ·Executive Officer shall ha•

power to execute -k?--Zing leases in accordance with °U'o law and the l"Ules am. regu'.laUons of the Ccnnd.asion am Shall ha:ve power to request the Dil:'ec­tor of Financ& to execute leases or si.te lams :for other purposes pu.r­su.ant to the law and the wles and i.-egul.at.iom ot the State Lan:!s Com.­llliasion.

10. CWENS. LAKE AND OTHER MINERAL U!ES The Exee.utive Otf1cer shall have

the power to issue le&set! for the -extraction ot minarala fl"OJl labs o! the Sta.te in accordanee With t'he law.

ll. tl.'TIGATION the !xecu.tive Officer, acting in

the capa,,.ity u Attcmey of the Di'ri.· sion ot S~te Land.a~ shall attend to all litigation ot i:he State Lands Com­mssion in c;Qllaboratl.on "1th the Attome7 General and $ball whenever h& deems it advisable, request tbe. A:ttor­'lle/' General to gi~ co1ooideration to institution ot actions to prot.ct the inte~st of the Sta."t$ Wlder tho ju..,.-wis­diotd.on of' the State Landa ~ion.

PROPOSED

So CON'!'RACTS AND RJRCHASES The Exeou:ti;n Officer shall have

au.thori ty to negotiate and execute an, and all contracts for nacessar)' aer­"Vices 1 in an amount not to exceed. $2000 !'or each contract, a.rd to authorize all neeessar.r purchases of goods and ser­vices, provided such actions ~ in conformance w!th statutory autboritJ' and the. rules and regula tiona ot the Departuent of Finance.

9t- amER. WSES OF .STATE IANDS The EnC'.1.ti"8 -Officer is auimorised

to negotiate, eDCU,°W and issue leases, per.Id.ts, and right-of-way -easemente1 or renewals thereof, for structures ef operati.ons other than praduction of oil, gu or othei- a:f.M,ral.a:i in sovereign lands '1nder tx'le jurisdiction or the State- Lands ·eom:tauon, p~ded tilq a.re stri~-tl:T in compliance with the form, content t rental rates I .t'ees' aM conditions prenousl.¥ established or authorized. by tbe policies and rul-oo @d regulations ot the Comnission.

10. Included in Item 3 abo~e

ll<> LITIGA.TION The Executive Otficer, in col.lab ...

oration vith the AttorneJ' Gel'lieral, shall attend- to. ~ll lit.igaiiion of the State Lands ~,i.seien, ar.d. shall1 wh~J: he ~ it ~~able, ~u.esii the Attcrney G~r.;\:l t.? g!.Ye omsideration to imtl."" tutien of actions ~ protect those interests of the State lldeh an under the .ju.risdiction c;>f ~ St.~ L~~i§­Comm:bB!on. He is ~~<;1~1~~ to raqu.e~t '1pinicng on bebalt of ~e State Lancl8 G~Mioll1 a::s prov.ided for by Section 12$19 ot ~ Gow~t ·Codi.

1790

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12. mDGETS The Executive Ot'i'icer in collab·

oration with the accounting offiee and the Di.vision of D.tdgets and Accounts of the Department of F:l.nan::e ~hall pre­pare all budgets ot the State Lands Commission, but such budgets shall not be effective without the approval of the State Lands Col!lnisaion •

., " #'l!llnM~ °""" .nf\Tl"M':t"' r.'O -n l'V\tnn:oiurnt"I ~;}~ \l&.11\.\.ll'-.i.cu.; \.iV& .s.J,:i&J VI: .1.'.VVV.L"IJ:tl'f.LIJ J

SUPERVISIOK OVER ALL OCR AND arsR EQUmeNT- AND· GENERAL REPRESENTATION C6 THE STATE LANDS COMMISSION The ixecutive otticer shall issue

all eer-tif:.t.i.&d -eup±es ~ doewnents ili. the Division- or State Lands, shall generalJ1' ?.".epresent the COlllnission in -all matters ,U?Jder its jU...'lrt].~ctiQin., subjeet:t htNever, to the lildtati~~s hereihb8fo.re expressed, and shall have S\Jl)erri.'1>0n o.,,.r all mbtor a.Di all .other equipllW:lnt.

J.4. AUTHCIUZA.TIOHS REQUIRED IH COH­BECr!~ -'hillff TRANSFER -OF THE 1>Ir~3.:~N ACCOON'l'Il«l SYSTF.M FRCM SACBAMENTO ro LOS ariGELES Upon motion duly made and unani­

mous_q carried, a resolution ws adopted au.thorl.zing J. Stuart Watson, F ~ J. Hortig and Fnmk w. Porter to execute documents on behalt or the State ~ ctadssion ior the foiJ.ow-­ing ~ in connection with the trin&fer ot t.he Division Ac~ing W:w..- frQft Sacramento to Los Ange1•a:

l. Au~rilation to encute State Personnel Boa.rd F-orms as the Appointing Autho?ity for the S·tate Lands Ool'tld~sion.; Ja Stu.art Watson, Acting Execu.ti"fe Officer; F. Jo Hortiga Acting Assi. '~t Executd.ve O!ficere.

2. Authorlzati.on to Execute CJ.am submitted to the ControJJ.ert.a

PROPOOED ti I W

12. mooETS The Executive Officer shall prcs­

pare, or cause to be prepared, all budgets, hldget revisions, am other fiscal doe\lm!nts tbat a.re justified by the needs of the Division in earry­ing Ot.tt its activities,, but such bud­gets shall not be effective without the approval or the State ~s Com-1W$:;1ion and of the Department ot Finance •

"t"' ,...,,..~.'P •;>• ~ The. Executi?e Officer shall gener­

al.17 represent the State Lands -Conds-­sion in all matters under its juris­diction subject 1 . however 1 to the limitati.()ns hereim.tter expressed. He shall be the- chiet admifiistr.ative otil­c•r or the· Division Ci State Lands, ·am ·in auch Ciq>acity shall have supervisi-on Oftr all property,_ ~pment, bank ~~$ .tun4s ~ -re~ol'ds assign$d to the DiT.i.sicn of state ~. Be .-i1 direct all operations- am administer the Sale am leasing- ot lands under the jursidction of ~ Commist.lion in caa­pliance With the provisions ot its ruJ.,es. ~ re~-tio~ and of its expreued poli;Ci91!~-

J.4. EDCm:toll OF llct1JMENTS The Executive Otfi.cer shall gener­

ally represent the State Lands Coms­sion in ~ iiatters under its juris~c­tion subjec~.11 hOW9Ver, to the limitr"1tm :i.el"einatter expressed~ He shall be the ehiet admi.nistratiw officer or the Division of Stat& Lands.f am in sueh capacity shall h'l'f8 .:wpervision owr all pr.q>ert.7~. equipment., bank accounts.) funds and recoN5 assigt\ed to the DiT.i· sicn ot St.Ate Lands. 11,, shall direct all operations and a~inster the sale and lMSing ot lands under the juris­Q.iQ.tion cf the Connission in COlJl>liance with- the provisions ot its rules and regulations and of its expressed poli• ciea.

The Executive Of'ii.cer is autlloriMd to sign dlecb drmm .against. ant' bank

l?91

• ~ ct ;

.... '<lo

Cl-«:$

Ol

0 0:: <( 0 z < I-(J)

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14. AUTHORIZATIONS REQU!RIIf ~IN CON­NECTION WITH TR..4.NSFER OF THE DIVISION ACCOUNTOO SYSTEM FRCM SACRAMEN£0 TO LOS AWELES (c~ntd.)

Office fer Payment; J. Stuart Watson, Acti~ Executive Officer; F. J. Hortig, Acting Assistant Executive O!.f'icer, Frank W<l Porter,, Accounting Auditor.

3. Auth~r~tion of Signatures for following bank accounts: Cash State .Account, Revolving Fu.1¥1. Account ard PQroll Revo1ving Fund Aceoont; J. Stuart Watson" Acting Executive Officer, F. J. Hortig, Ac tit'€ Assist­ant Executive Officer, and Frailk w. Porter1 Accountan.1; Auditor. (ApproYed Sept.ember 13, 19¥)

l.). EXECUTION ~ DOCUMENTS In view or the appointment ot

Colonel Robert c. Bunter as F.xecuti ft Officer of the Cr.mission, upon motion auq Ede and ~sl.7 carried.,, a resolution was adq\ted ·au.thoriz:!r,g -Colonel Robert c. lilll'ter.t u Exeou.tiw Oftlcer, to execute State Personnel Board roms as the Appointing Autho;-m it7 for the State Lahds CtRlldssion~ to exec~te cla• aulaitted "to th~ Oon­trollerls· otfice tor ~t, and to authoria withdra:wals and t:ransters trca the Cash State, Revolving Fund and P~ ReVol'Ving Fund Bank Ac­counts, con~ the s@.'Dte authority granted hereto:tore to Messrs. J. Stuart Watson and: Frank lf. Porter, as Assist• ant Executive Or.f'icer am Accounting Offiaer, respecti't'ely, and terminating the authorlj;y- heretofore· granted Mr. F.rancis J. Hortig. (Appro'9d August 19, 1947)

16. EXECUTION Q:? ll00m£11'S Upon moticn duly mafle ~ unani­

mousq earried a rasolution was ~opted authori.Jing Mr. F. J. Hortig., Senior Petrolewn E.ngineer, uprm behalf of the State Lards Connisaion to execute cl.a:im submitted to the Controllerla O.f'fice for p~nt,, and w autboraa witM.ranl.s and tranetera 1:rom the Cash

PROPOOED

14. EXECUTION OF DOOMNTS {contd.)

accounts maintained in the name of the Di vision, e:?t(lept that checks in a.mounts exceeding $101 000 shall bear two authorized signatures. He may execulie any and all authorised documents reiat­iJ'.lg to official busi~ss of tha Division, including, but no~ thereby delimiting, claims tiled with the State Controller, certified copies of documents, and other official papers.

The Executive Off'icer. may delegate a:tq powers am authorities herein granted whenever sueh action is in the interest ot the State.

is. See Itera 14.

l6. See Item~.

1792

•

•

•

• ·: ' .. ' ' • .. . ~ .• , • •! • w a U &l&Uii c a p1mrre ____ 11n111n ..... ,

16. Ex.ECUTION OF DOOUtENrS (contd.)

State 1 Revol v.Lng Fund and Payroll Revolv­ing Fund Bank Accounts, in addition to certi!yil'Jg. to all other State Lands Di vi­sion documents. (Approved August 19, 1948)

l7. JaEOUTION OF DOOUIENTS Upon motion dul:t made and unani­

~lJ carr;i.ed1 a resolution was adOpted authorizing the tollowing l~ to be $'1J.b!ti1?.:.ted for that app~ in the Minutes of December 101 1911.8,, _.tire, Itesa 4$: That the powex-s granted to ·Colonel Robert c. Hunter be rescinded as of No'f'em.ber lS 1 1948, the date of his separation rtora State service; ap:l. tnat these. sa..11e· pcw8X'a aa appointing au.thoat7 ot the State Landa C~aaion, Divliion of State Lands, the right to execute c~ to the Oo~tl'Oller tor pq­aent, and to •thorizt withdrawals and ~•rs ·frca the Caah Sta~, Re-VOlv.Uig Furd_, and: ·hn'oll Revol'dng fund, Bank Accounts, be oontemd upon~ w. Putnaa, the Execut:Lire Officer, as of NoYe~r 16, 1948. It ia fnrt!wlr resol'ftd that the powers ~ntotore granted in +Ms l"egard to Messrs. Watson, Horti.g ml Porter be contimed. (Approved April 27~ l9h9)

18. BU.CUC POilf.C AREA, PETALUMA. CREEK, MARlH COONTI, IEASm> OF TIDE AH> SUBMERQED LANDS OOCUPIED BI STRU~ Upon :motion dul.1 •de and. unani·

moJJ.sl.f carried~ a resolution was adopted autbor.iair-'G ttie Exeeutil'e Offi­cer to negotiate· and enter i11to leases in the Black Point, Marin CountT area for the tide ani submerged J.amis adjacent to th& uplands under the f"ollowirlg terms and conditions:

1. teases to be entered. into with upland ownen 'Whenever poss:t~: 4l~er• wise with ~rot stru.ctqre 'With the consent ot the "Plaud owner~

2. Initial period. or lease to ,be not less than fi.ft J")tU'Jt ahd. no\ ovv-

PROPOSED ...... , ....

17. See Item 14.

18. OTBIR WS:SS 01 STATE LA.ND..f) !he Exeauti'" Officer is author­

ized to negotiate, ex'°ute and istnle leases, peraj.ts1 1lnd :dght-ot-wq ease­ments, or renewals thereof', tor struc­tures or operations other than prcducth'lll of oil, ga~ or other minerals, in lands under the jurisdiction of' the State Lands COlfll1d,ssion. provided they- are • stric'tl.1 in conpliance with the f'orm.1 content, rental rates, fees, and condi­tions predousl;y established or author­i,ed by the policies ~ rules and regulait-4.ons- o£ ibe -Oonni.saion.

1793

A

a... as ca a a.: <C a z <( I­v]

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PRESENT .......

18. BLACK POINr AREA~ PETALUMA CREEK, MARIN coom :I LEASES OF TIDE AND SUBMERGED ~ OCCUPIED BI STRUCTURES {contd.)

ten ,-ears lfi th right of renewal. for two successive like•periods~

J. Annual rental to be $SO.OO tor the bare la?Vls plus $15.00 tor each structure loeated on area leased.

4.. No pe:rformance bom to be required bit State to hold structures as security for perlo~...nce.

5. All 9ther applicable condi­tions Of stai'X\a:rd form. ot lease• (Approftd April 281 1950}

19. COLLATERAL BOHOO Upon ?IV.ltion °'1'11 made and u.~­

J110USq ca~ed, a resolu~ion lfas adopted authorizing that the Executi w Officer be empowe~ to act on behalf ot th1! COiiitiission in the acceptance ot a faithful per!orsance bom executed by a lessee .or l.Se •pplicant. in lieu ot a corporate surety bond Ull'der the following terms ml conditions:

1. That the lessee or applicant has furnish~ such bend am otters to con.v97 ·tp ~he Treasurer ot the State ot .Oaliforma, ~ negotiable sec-.rr• i ties of the U~ted States Govel'%9Jlt as collateral to, 3ll<l in the fu1.l value ot, the boni so f U?nishedJ

'2. ~..at said secruri ties so flu:!• $hed shL'tl be placed <>n deposit vi.th the Sta.ta Treasurer.,, su.b:tect to the follolf.Lng conditions:

(a) LesseeP an;t applicants shall be entitled to l:"eCeive £rom. ttie State Treasurer, or to appoint an agent to receive tor them, all matured coupons attached to art3' securities so Jl1Pothe• cated.

(b) No other instrqct.ions rel.at• ing to said securities shall be acc~pted by the State Treasurer except upon tbe au,thori~a.tion of the Executive Oftlcer of the State Lands Commission, and then only provided such authoriza­tion is accompanied by a certilied

PROPOOED

19. COLLATERAL BONDS The Execu:ti:ve .Officer is author ...

ized: to act on behal.t of the Cozmdssion in the acceptance ot a· .faithtul perfor ... ma.nee· bom ex~uted bl' a lessee or lease applicant, in lieu of a corporate au.mt,. bond, Under the follOlr,ing terms and ,eonditiona~

l. That tha lessee or applicant has ;:f11rnished such bond, and offers to QQ1'1V91 to the Treasurer or the State of California M]1' negotiable securities of the United States Gcvermen.t u col ... lateril to, am. in the tull value ot :I the bond so 1'lrrdahed;

2. That said securities so fur­nished shall. 'be placed on depasit with the State Treasurer, subject tq the toll~ conditions: ·

(a) lessees and applicants shall be entii;J.ed te rBeeive from the State Treasurer, or to appoint a.n agent to receive tor them, all 11m.tured coupons attached to any securities so bypo­theca~;

(b) ijpon the termination or~ lca;:se) boud .tor which hafJ been s tte't.U'ed through ta deposit ot collateral seeutl~ ... es,, and a determination by the Executive Officer that. all of the terms, provi$•ions, ~m conditions of such lease have b~en tull1 am proper~ ¢$.Bcharged by the 1esaett, the Executive Ott.teer is au.thorized to direct the State Tre~

11~

l

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•

•

PRESENT r a ...

19. COLLATERAL BONDS {contd.)

copy of a resolution from the minu.tes of' the State Lands Cnmmission, approv• ing such instru.ctions. (Approved Apri'. 28, 19S0)

PROPOSED

19. COLLATERAL BONDS (contd,)

Treasurer to release said securities to the depositor, and the State Treas-,. urer shall act upon suets. authori t7;

( c) Ho o~er instructions relat­ing to said securities shall be accepted by the State Treasurer except upon the authorization ot the ExecutiTe Of'f'icer ot the State Lands OOl:lll\ission, and then only pr0,Yided such authorization ~s acconpanied b7 a certified copy ot a resoJ:"ti¢n fl'om the m:inltes of the State Lands Commission approving such instructions.

20. ASSlGI1£NTS AND MODIFICATIONS The Executive Officer is author­

ized to exeC11te assignments to leases, and to approve ·al.terat;ions to stmctures or the, erection of new structures where the cost thereot does ~ot ·exceed $1000, and to make .minor co~ctions in descrip­tions of prope;rV und!Jr lease •

21. D~r;EGATIO~ Tlwi' Exectlti:ve Off~cer may delegate.

81\Y powers and au.t;hor-. ties herein granted w~:never such action is in th& interest of the State.

22. tIMITATIOHS The authority granted to the Execu­

tive Officer to negotiate, execute and issue leases am pemi ts or various ldnds, or renew-a.ls thereof$ shall. be limited to noncontroversial cases involving anmal renta1s or tees ot not b~exqess 'Of $600 or appraised valua­tions ot not over $10,t'lOO, All other cases shal1 be wbm.i. tted to t~ Oonn:ls• sion rcr .final action~

The Executift Officer shall mah.""& a repor~ to the CoDlmission at each meeting on the salient teaturas ot all leases and pend.ts issued by him sttbaequ.ent to the previous meeting ot the Comml.$sion •

.. 179$