recorded at the request of as jul 15 specified in …... · 2019-06-11 · recorded at the request...

RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO AS SPECIFIED IN GOVERNMENT CODE SECTION 113

STATE OF CALIFORNIA STATE LANDS COMMISSION 100 HOWE AVE., SUITE 100 SOUTH SACRAMENTO, CA 95825

TELEPHONE: (916) 574-1829

STATE OF CALIFORNIA IS ENTITLED TO FREE RECORDATION PURSUANT TO • GOVERNMENT CODE SECTION 27383

16'64 DUO JUL 15

r-1: t J- 34,3'7 r-

OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER

FEES: 0.00

NI 1 11 11 1111 1 1996-0439022

ACCEPTANCE OF RETROCESSION OF LEGISLATIVE JURISDICTION California Government Code Section 113

Whereas the United States acting by and through the United States Congress has requested that the State of California accept a retrocession of exclusive criminal jurisdiction and establish concurrent criminal jurisdiction over lands comprising the San Diego Job Corps Center, Imperial Beach, San Diego County for so long as the Job Corps Center is operated; and

Whereas the California State Lands Commission, pursuant to California Government Code Section 113, has been authorized by the California State Legislature to accept such a retrocession and establish concurrent criminal jurisdiction; and

Whereas the Executive Officer of the California State Lands Commission has been authorized to execute this instrument;

NOW, THEREFORE, I, Robert C. Hight, Executive Officer of the California State Lands Commission hereby certify that the Commissioners for the California State Lands Commission met on June 19, 1998 and accepted a retrocession of exclusive criminal jurisdiction and established concurrent criminal jurisdiction over certain lands comprising the San Diego Job Corps Center, Imperial Beach, California as more particularly shown on Exhibit "A" hereto for so long as the Job Corps Center is operated on such property. A copy of the Commission's Calendar Item No. 102 is attached hereto as Exhibit "B".

ROBERT C. HIGHT, EXECUTIVE OFFICER CALIFORNIA STATE LANDS COMMISSION

Date: Pt' t

1685 EXHIBIT A -

SO4 PROWS ENTRANCE

I

6:

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PARSING

I LOT

imp mil

t.21

BUTLER. SERE=

00

I 111

PARSING

LOT

S141904115G

198 ?COL

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20 21 22 23

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GREEN

HOUSE 5/33 1

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SDI 1••••".."I 1;711

mr dm* &ea

125 25 27 28 29 30 IlL1.74T,..8sum MN MI MB .....

PLAYING PIELD

f t8

BRIDGE

BUILDING LEGEND NUKE= USAGE

12 PAINT VOCATION STORAGZ

13

14

15

16

VOCATIONAL SXXLLS TRAINING

AUTO PAINT SEED

REALER SERVICES sultanic • GED, YEP, WORD PROCESSING,

&DO/CLEXPING, CR= DEVELOP

:5

I 40

1 I

Is krsam. SA/23 19 VST REMODEL

20 ESL 4, VOC COORDINATOR OPTS=

21 MATH

22 TAM TESTI= 4 ELECTRONICS

23 BOWLING ALLEY i ESP/CPR

25 STORAGE

26 BUILDING 14XI3TE7C414CE

27 AUTO KZCSAIICS

28 WELDING

29 LOGISTICS 4 TRANSPORTATION

30 LESSER rtAncrncAmcz 31 RECEIVING 4 PROPERTT CONTROL

40 GYMNASIUM

43 CARP ENTRY STORAGE

45 CARPENTRY STO.RAGE

48 CHILD CARE (87-743 START)

59 RECREATION

60 CD, Aortim,===. FINANCE,

ED i TRA/N/NG. SUMS RESOURCES

51 GR READ. OR E0, READING LA3,

■ 43

190

45

C:2 108 1:

13

181

195

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STAGE

VOLLEY

BAIL

r 771

NM INN ......

17

194

180

•

179 172

SD2

HANDBALL

63 STUDENT COMPORT STATION 69 TILwrKe-Alrac

108 STORAGE

177 OR/ZETATION. 0E7, OM= SZII. S, DORMITORY (3RD FLOOR) 178 CROW LITE, CYO, COUNSELING. RES LIVING, DORAGIVRY (2ND A 3RD mats) 179 DORMITORY 180 Sauuraa STORE 4 POWER PLANT 181 CATEIERIA / DINING BALI. 183 =KENT MASONRY STORAGE 188 SOLAR PROJECT 190 DORMITORY 191 DORMITORY 192 DORMITORY 194 ELATING PLANT 195 cuumar ARTS 198 SLCURITT GATVEOUSE

SDI mum mrmarx. STORAGE 1102 GROUP LIPS STORAGE 5D3 GREEN EOM

mon, ENTRANCE GATESOUSZ SIGN VOLTAGE TRANSTORKERS

■ UNDER CONSTRUCTION

SAN DIEGO JOB CORPS CENTER

1325 IRIS AVENUE

IMPERIAL BEACH, CA 91932

0 50 100 200 300

PAN, RECORDS. R2C237/T, PI R'

623 AUTO KECEAS/CS

EXHIBT:w;6

FILE COPY CALENDAR ITEM

C102 A 78

S 39 W 25453

J. Frey RETROCESSION OF EXCLUSIVE CRIMINAL JURISDICTION

AND ESTABLISHMENT OF CONCURRENT CRIMINAL JURISDICTION AT SAN DIEGO JOB CORPS CENTER, IMPERIAL BEACH, SAN DIEGO COUNTY

PARTIES: California State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, California 95825-8202

San Diego Job Corps Center 1325 Iris Avenue Imperial Beach, California 91932

This item involves acceptance of a retrocession of jurisdiction from the Federal Government whereby the state and local authorities and the Federal Government will exercise concurrent criminal jurisdiction over the San Diego Job Corps Center, Imperial Beach, San Diego County. The retrocession would allow state and local authorities to prosecute crimes occurring at the Center.

BACKGROUND: Currently, the United States exercises exclusive criminal jurisdiction over Ream Field in San Diego County. A 27 acre parcel of land at Ream Field is leased by the Navy to the United States Departmentof Labor for operation of the San Diego Job Corps Center.

In Title 29 of the United States Code, section 1705(d), Congress has provided for the exercise of concurrent criminal jurisdiction over Job Corps Centers by federal, state, and local law enforcement authorities. Section 1705(d) provides as follows:

"All property which would otherwise be under exclusive Federal legislative jurisdiction shall be under concurrent jurisdiction with the appropriate State and locality with respect to criminal law enforcement as long as a Job Corps center is operated on such property.

A Superior Court judge in San Diego County has vacated several convictions obtained

-1-CALENDAR PAGE 473

MINUTE PAGE

1667

CALENDAR ITEM NO. C102 (CONT'D)

by the San Diego County District Attorney, ruling that section 1705(d) is not effective, without action by the State, to permit prosecutions by local law enforcement authorities.

California Government Code Section 113 authorizes the State Lands Commission to accept a retrocession of exclusive criminal jurisdiction and to establish concurrent criminal jurisdiction if the following conditions, are met:

1. The United States has requested that the State accept a retrocession of jurisdiction through an act of Congress; and

2. The State Lands Commission has held a public hearing to determine whether it is in the State's best interests to accept the retrocession.

Local law enforcement authorities have indicated that they are ready, willing, and able to assume law enforcement and prosecutorial functions at the San Diego Job Corps Center. The local district attorney has no objection to prosecuting crimes once his jurisdiction to do so is established, and the San Diego County Sheriff's Office is prepared to provide police services at the Job Corps Center. Staff, therefore, recommends that the retrocession of exclusive criminal jurisdiction and the establishment of concurrent criminal jurisdiction be accepted for the Job Corps Center.

The noticed hearing was held on May 18, 1998. No members of the public or representatives of the United States appeared. No written comments were received prior to the hearing.

The United States Attorney for the Southern District of California takes a different view, and has advised staff that he does not believe that acceptance of the retrocession by the State is necessary and that section 1705(d), without further state action, authorizes exercise of criminal jurisdiction over the facility by state and local authorities. Staff makes its recommendation here without prejudice to the position of the United States Attorney.

The Commission's staff has met with representatives of the Office of the Attorney General and the Office of the United States Attorney to discuss the differing legal positions, and, as a result of that meeting, the staff makes its recommendation without prejudice to the position of the United States Attorney regarding the effect of


MINUTE PAGE

1668


29 U.S.C. Section1705(d), and has represented to the Office of the United States Attorney that the Commission's action on this recommendation will be without prejudice to the United States Attorney's position.

The California Code of Regulations requires the applicant to pay the costs of the retrocession. Because of the controversy surrounding this action, Commission staff recommend that the fees required by the California Administrative Code by waived.

PERMIT STREAMLINING ACT DEADLINE: N/A

OTHER PERTINENT INFORMATION: Pursuant to the Commission's delegation of authority and the State CEQA Guidelines (14 Cal. Code Regs. 15061), the staff has determined that this activity is exempt from the requirements of the CEQA because this activity is not a "project" as defined by the State CEQA Guidelines.

Authority: Public Resources Code Section 21065 and 14 California Code of Regulations Section 15378.

EXHIBITS: A. Land Exhibit B. Form of Retrocession Certificate

IT IS RECOMMENDED THAT THE COMMISSION: 1. FIND THAT THE ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF THE

CEQA PURSUANT TO 14 CAL. CODE REGS. 15061 BECAUSE THE ACTIVITY IS NOT A PROJECT AS DEFINED BY PUBLIC RESOURCES CODE SECTION 21065 AND 14 CAL. CODE REGS. 15378.

2. FIND, AS SPECIFIED IN GOVERNMENT CODE SECTION 113, THAT THE UNITED STATES THROUGH AN ACT OF CONGRESS HAS REQUESTED THE STATE ACCEPT A RETROCESSION OF EXCLUSIVE CRIMINAL JURISDICTION AND ESTABLISH CONCURRENT CRIMINAL JURISDICTION OVER APPROXIMATELY 27 ACRES OF LANDS COMPRISING THE SAN DIEGO JOB CORPS CENTER, IMPERIAL BEACH, SAN DIEGO COUNTY AS SHOWN ON EXHIBIT "A" ATTACHED HERETO.


MINUTE PAGE

1669


3. FIND THAT THE STATUTORY PUBLIC HEARING WAS HELD AS REQUIRED AND THAT THE FEES REQUIRED BY THE CALIFORNIA CODE OF REGULATIONS ARE WAIVED.

4. FIND THAT IT IS IN THE BEST INTERESTS OF THE STATE OF CALIFORNIA TO ACCEPT THE RETROCESSION OF EXCLUSIVE CRIMINAL JURISDICTION AND TO ESTABLISH CONCURRENT CRIMINAL JURISDICTION AS REQUESTED BECAUSE SUCH ACTIONS WILL MAKE LAW ENFORCEMENT SERVICES FROM THE LOCAL COMMUNITY AVAILABLE TO THE JOB CORPS CENTER.

5. ACCEPT THE RETROCESSION OF EXCLUSIVE CRIMINAL JURISDICTION AND ESTABLISH CONCURRENT CRIMINAL JURISDICTION OVER THE SAN DIEGO JOB CORPS CENTER, IMPERIAL BEACH, SAN DIEGO COUNTY AS SHOWN ON EXHIBIT A HERETO FOR SO LONG AS THE JOB CORPS CENTER IS OPERATED ON SUCH PROPERTY. UPON TERMINATION OF THE JOB CORPS CENTER ON SUCH PROPERTY, EXCLUSIVE CRIMINAL JURISDICTION SHALL BE RESTORED. FIND THAT THIS ACTION SHALL BE WITHOUT PREJUDICE TO THE POSITION OF THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF CALIFORNIA REGARDING THE INTERPRETATION OF 29 U.S.C. 1705(d).

6. AUTHORIZE THE EXECUTIVE OFFICER TO EXECUTE AN ACCEPTANCE OF RETROCESSION IN SUBSTANTIALLY THE SAME FORM AS FOUND IN EXHIBIT "B" ATTACHED HERETO.

7. AUTHORIZE THE FILING OF THE RETROCESSION OF EXCLUSIVE CRIMINAL JURISDICTION AND THE ESTABLISHMENT OF CONCURRENT CRIMINAL JURISDICTION WITH THE CALIFORNIA SECRETARY OF STATE AND ITS RECORDATION WITH THE RECORDER FOR THE COUNTY OF SAN DIEGO.


MINUTE PAGE

EXHIBIT A 167-0.

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BUILDING LEGEND KUKKER USAGE

12 PAINT VOCATION STORAGE

13 VOCATIONAL =ILLS TRAINING

14 AUTO PAINT SEED

15 (MALTS SEMI= BOILDING

16 ' GED? =P. KORD PROCESSING.

Noorcrum. CHILD DrITLOP 11 RETAIL US=

19 VEY REMODEL

20 ESL i VOC COORDINATOR OFFICE

21 NATE

22 TAU TESMGi ELECTRONICS

23 BOWLING ALLEY 6 Ea/CPR

25 STORAGE

26 BUILDING MAINTENANCE

27 AUTO KM/LA-TICS

28 WELDING

29 LOGISTICS S TRANSPOZCLITON

30 CENTER MAINTLNANCE

32 RECE/TING i PROPERTY CONTROL

40 GYMNASIUM

43 CARPENTHT STORAGE

45 =ALTERS STORAGE

48 car-o CARE (=ED START) 59 RECREATIOS

60 CJ, Ampal.sa-Intrrr. PINAR= ED i TRAINING. =pax RESOURCES 61 C2 READ. DR ED, READING LAB, LAM, RECORDS? RECLUTT. PIACEKENT 623 AUTO KECIAZICS

40

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190

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101

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181

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182

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110

179

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171 SD2

63 STUDENT COMPORT STATION 67 LARD-6CM= 101 STORAGE

177 OR/ENTATION. 0E7, OFFICE =III'S. DORMITORY (3RD FLOOR) 171 G10611, LITE. CSC, COUNSELING. RES LIVING. DORMITORY (21110 i 3RD FLOORS) 177 DOREIVORY 180 STUDENT STORE i POKER PLANT III cArrTam / D/EING V.1.2. 113 CEXERS MASONRY STORAGE 181 SOLAR PROJECT 190 DORMITORY 191 DORMITORY 192 DORMITORY 194 HEATING PLANT 195 CCLIMARY ARTS 121 SECURITY =masa SDI HAZARD MAMSAL STO.RAGE 11D2 CROO7 LITE STORAGE SD3 CREEN EWES

FRONT ENTRANCE GATEEOUSE !ICE VOL:AGE TRASZTORMARN

■ Gm= CONSTRUCTIONS

SAN DIEGO JOB CORPS CENTER

1325 IRIS AVENUE •

IXPERIAL BEACH, CA 91932

0 50 100 200 3 °CALENDAR

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•••••••4

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747:: 477 •......

MINUTE PA •••• •• •.• 4

RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO AS SPECIFIED IN GOVERNMENT CODE SECTION 113

STATE OF CALIFORNIA STATE LANDS COMMISSION 100 HOWE AVE., SUITE 100 SOUTH SACRAMENTO, CA 95825

TELEPHONE: (916) 574-1829

STATE OF CALIFORNIA IS ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE SECTION 27383

1671 EXHIBIT B

FOR RECORDER'S USE ONLY

ACCEPTANCE OF RETROCESSION OF LEGISLATIVE JURISDICTION California Government Code Section 113

Whereas the United States acting by and through the United States Congress has requested that the State of California accept a retrocession of exclusive criminal jurisdiction and establish concurrent criminal jurisdiction over lands comprising the San Diego Job Corps Center, Imperial Beach, San Diego County for so long as the Job Corps Center is operated; and

Whereas the California State Lands Commission, pursuant to California Government Code Section 113, has been authorized by the California State Legislature to accept such a retrocession and establish concurrent criminal jurisdiction; and

Whereas the Executive Officer of the California State Lands Commission has been authorized to execute this instrument;

NOW, THEREFORE, I, Robert C. Hight, Executive Officer of the California State Lands Commission hereby certify that the Commissioners for the California State Lands Commission met on June and accepted a retrocession of exclusive criminal jurisdiction and established concurrent criminal jurisdiction over certain lands comprising the San Diego Job Corps Center, Imperial Beach, California as more particularly shown on Exhibit "A" hereto for so long as the Job Corps Center is operated on such property. A copy of the Commission's Calendar Item No.

is attached hereto as Exhibit "B".

ROBERT C. HIGHT, EXECUTIVE OFFICER CALIFORNIA STATE LANDS COMMISSION

Date:

CALENDAR PAGE 478

MINUTE PAGE

recorded at the request of as jul 15 specified in …... · 2019-06-11 · recorded at the request...

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