BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1847
                                                                  Page 1

          Date of Hearing:  March 26, 2012

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                  AB 1847 (Lowenthal) - As Amended:  March 19, 2012

           SUBJECT  :  City of Long Beach:  grant of public trust lands

           SUMMARY  :  Grants in trust to the City of Long Beach (City) all 
          the right, title, and interest of the state in public trust 
          lands known as the Bixby Park Public Trust Parcels, the Colorado 
          Lagoon Public Trust Parcels, and the Marine Stadium Channel 
          Public Trust Parcels.

           EXISTING LAW:   

             1)   Protects, pursuant to the common law Public Trust 
               Doctrine, the public's right to use California's waterways 
               for commerce, navigation, fishing, boating, natural habitat 
               protection, and other water oriented activities.  The 
               Public Trust Doctrine provides that filled and unfilled 
               tide and submerged lands and the beds of lakes, streams, 
               and other navigable waterways (i.e. public trust lands) are 
               to be held in trust by the state for the benefit of the 
               people of California.  

             2)   Requires the State Lands Commission (Commission) to be 
               the steward and manager of the state's public trust lands.  
               The Commission has direct administrative control over the 
               state's public trust lands and oversight authority over 
               public trust lands granted by the Legislature to local 
               governments.

             3)   Authorizes the Commission to lease public trust lands, 
               enter into boundary line agreements, and, in limited 
               circumstances, exchange public trust lands for non-trust 
               lands.

             4)   Granted state public trust lands to over 80 local public 
               agencies (a.k.a. local trustees/grantees) to be managed for 
               the benefit of all the people of the state and pursuant to 
               the Public Trust Doctrine and terms of the applicable 
               granting statutes.  The City was granted certain public 
               trust lands pursuant to Chapter 676, Statutes of 1911, 
               Chapter 102, Statutes of 1925, Chapter 158, Statutes of 








                                                                  AB 1847
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               1935, and Chapter 138, Statutes of 1964.

           THIS BILL:

           1)Grants in trust to the City all the right, title, and interest 
            of the state in public trust lands known as the Bixby Park 
            Public Trust Parcels, the Colorado Lagoon Public Trust 
            Parcels, and the Marine Stadium Channel Public Trust Parcels 
            (collectively referred to as the "Public Trust Parcels").  
              
          2)Terminates the leases issued from the State Lands Commission 
            to the City for the Public Trust Parcels.  

          3)Requires the City to hold, operate, and manage, in trust for 
            the benefit of the statewide public, the Public Trust Parcels 
            in accordance with the common law Public Trust Doctrine and 
            the terms, trusts, and conditions pursuant to Chapter 676 of 
            the Statutes of 1911, Chapter 102 of the Statutes of 1925, 
            Chapter 158 of the Statutes of 1935, and Chapter 138 of the 
            First Extraordinary Session of the Statutes of 1964, as 
            amended.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  For over 100 years, the Legislature has granted 
          public trust lands to local public agencies so the lands can be 
          managed locally for the benefit of the people of California.  
          Virtually all grants have been made by non-codified statutes.  A 
          granting statute generally explains what lands have been granted 
          and how they are to be managed by the grantee.  Without a 
          tideland grant, the Commission has direct authority to lease or 
          otherwise manage public trust lands within the jurisdiction of a 
          local public agency.  

          In 1911, the Legislature granted to the City all filled and 
          unfilled public trust lands within the City's boundaries.  The 
          grant required the lands and revenues therefrom to be used by 
          the City solely for the establishment, improvement, and 
          construction of a harbor, and for the construction, maintenance, 
          and operation of wharves, docks, piers, slips, quays, and other 
          utilities, structures, and appliances necessary or convenient 
          for the promotion and accommodation of commerce and navigation.  
          This grant was significant because it allowed for the 
          development of the Port of Long Beach.









                                                                  AB 1847
                                                                  Page 3

          On June 23, 2011, the Commission approved a title settlement and 
          land exchange agreement with the City in which the Commission 
          received the Public Trust Parcels, which include 38.37 acres of 
          land consisting of 1) a bluff-top park, adjacent to existing 
          public trust land, fronting the Pacific Ocean (the Bixby Park 
          Public Trust Parcels); 2) a tidal lagoon and surrounding beach 
          that was sold into private ownership over one hundred years ago 
          (the Colorado Lagoon Public Trust Parcels); and, 3) an open 
          space area that is proposed to become an open channel that will 
          not only provide wetland habitat but also return tidal flow to 
          the lagoon (the Marine Stadium Channel Public Trust Parcels).  
          The Commission determined that these parcels have significant 
          public trust value based on their location, history, and current 
          and proposed uses.

          In exchange for the Public Trust Parcels, the Commission 
          terminated the public trust in one 10.24-acre parcel that had 
          been filled and reclaimed and is physically separated from the 
          water by 550 feet of fill, bulkheads, and lanes of Shoreline 
          Boulevard--the Commission determined that this parcel was 
          relatively useless for public trust purposes.  The Commission 
          then transferred the 10.24-acre parcel to the City in fee 
          simple.

          Since the Public Trust Parcels are not part of any previous 
          legislative grant, the Commission has administrative control 
          over the parcels.  Rather than directly manage the lands, the 
          Commission has issued 49 year leases to the City.   These leases 
          allow the City to manage and spend local trust revenues to 
          improve the lands.  This bill will grant the Public Trust 
          Parcels to the City, thus bringing these lands into the same 
          management as the rest of the City's granted public trust lands. 
           With this grant, it is no longer necessary for the City to have 
          leases with the Commission for these lands.

          This bill is dual referred and will be heard in the Local 
          Government Committee should it pass out of Natural Resources.  



           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          State Lands Commission (sponsor)








                                                                  AB 1847
                                                                  Page 4

          City of Long Beach
           
            Opposition 
           
          None on file


           Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916) 
          319-2092