BILL NUMBER: SB 428	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe
   (Coauthors: Assembly Members Fletcher and Saldana)

                        FEBRUARY 26, 2009

   An act to amend Section 1 of Chapter 937 of the Statutes of 1931,
relating to tide and submerged lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 428, as introduced, Kehoe. Tide and submerged lands: San Diego.

   Existing law grants to the City of San Diego all of the right,
title, and interest of the state in and to a specified portion of the
tide and submerged lands bordering on and situated below the
ordinary high water mark of the Pacific Ocean, to be held by the City
of San Diego and its successors in trust for specified uses and
purposes pursuant to specified conditions, including that those tide
and submerged lands are required to be devoted exclusively to public
park, bathing pool for children, parkway, highway, playground, and
recreational purposes, and for other uses that may be incidental to,
or convenient for, the full enjoyment of those purposes.
   This bill would include in that list of uses and purposes a marine
mammal park for the enjoyment and educational benefit of children.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1 of Chapter 937 of the Statutes of 1931 is
amended to read:
  Section 1.  There is hereby granted to the  city 
 City  of San Diego,  county   County
 of San Diego, all the right, title  ,  and interest of
the State of California, held by said state by virtue of its
sovereignty, in and to all that portion of the tide and submerged
lands bordering upon and situated below the ordinary high water mark
of the Pacific  ocean   Ocean  described as
follows:
   Beginning at the intersection of the ordinary high water mark of
the Pacific  ocean   Ocean  with a line
bearing S. 87* 40' W. from the monument marking the intersection of
Coast  boulevard south   Boulevard South 
with Jenner  street   Street  as said
monument, said Coast  boulevard south  
Boulevard South,  and said Jenner  street  
Street  are designated and shown on that certain map entitled
"Seaside subdivision number 1712" and filed June 23, 1920, in the
office of the county recorder of San Diego  county 
 County  , State of California; thence N. 350', thence E.
300', thence S. 185' more or less to the ordinary high water mark of
the Pacific ocean, thence in a general southwesterly direction along
the ordinary high water mark of the Pacific  ocean 
 Ocean  to the point of beginning, all in the Pacific
 ocean   Ocean  , State of California, to
be forever held by said  city   City  of
San Diego and its successors in trust for the uses and purposes and
upon the express conditions following, to wit:
   (a) That said lands shall be devoted exclusively to public park,
 marine mammal park for the enjoyment and educational benefit of
children,  bathing pool for children, parkway, highway,
playground and recreational purposes, and to such other uses as may
be incident to, or convenient for the full enjoyment of such purposes
 ;   . 
   (b) The absolute right to fish in the waters of the Pacific
 ocean   Ocean  over said tidelands or
submerged lands, with the right of convenient access to said waters
over said lands for said purpose is hereby reserved to the people of
the State of California.
   (c) That there is excepted and reserved to the State of California
all deposits of minerals, including oil and gas, in said land, and
to the State of California, or persons authorized by the State of
California, the right to prospect for, mine  ,  and remove
such deposits from said land.