BILL NUMBER: SB 1577 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN ASSEMBLY MAY 21, 2012
INTRODUCED BY Committee on Natural Resources and Water (Senators
Pavley (Chair), Cannella, Evans, Fuller, Kehoe, La Malfa, Padilla,
Simitian, and Wolk)
MARCH 19, 2012
An act to amend Sections 523, 525, and 526 of the Harbors
and Navigation Code, and to add Section 5.6 to Chapter 74
of the Statutes of 1978, relating to resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1577, as amended, Committee on Natural Resources and Water.
Resources: vessels: removal: public trust lands:
City of Newport Beach.
(1) Existing law authorizes any peace officer, as described, or
any lifeguard or marine safety officer employed by a county, city, or
district, while engaged in the performance of official duties, to
remove and, if necessary, store a vessel, as defined, removed from a
public waterway under specified circumstances. Existing law specifies
one of those circumstances is that the officer arrests a person
operating or in control of the vessel for an alleged offense and the
officer is, by other provisions of law, required to take, and does
take, the person arrested before a magistrate without unnecessary
delay. The public entity may recover the costs incurred in removing a
vessel under this provision through an action in the court.
This bill would specify that the removal and storage may be taken
as an immediate action and without notice. The bill would delete the
condition, under that specified circumstance, that the officer is
required to take, and takes, the person before a magistrate. The bill
would allow the costs incurred by a public entity also to be
recovered through the use of any available administrative remedy.
(2) Existing law makes it an infraction, with a minimum $1,000
fine, and maximum $3,000 fine, for a person to abandon a vessel upon
a public waterway or public or private property, as specified, and
provides that 80% of the moneys collected as fines be deposited in
the Abandoned Watercraft Abatement Fund. Upon appropriation by the
Legislature, moneys in the fund may be used for specified grants and
other purposes. Existing law prohibits, until January 1, 2014, the
state from assuming liability for any injuries or damages to a person
or entity, public or private, connected to or resulting from the
processing or disposal of a surrendered vessel.
This bill would additionally authorize the money to be expended by
the Department of Boating and Waterways for removal of abandoned
vessels and other navigational hazards. The bill would revise the
prohibition against assuming liability provision to also prohibit any
city, county, or special district or any designated agent or
employee thereof and to apply to any injuries or damages to a person
or entity, connected to or resulting from the nonremoval, removal,
processing, or disposal of abandoned property, wrecked or dismantled
vessels, the parts thereof, or any other partially submerged objects
that pose a hazard to navigation. The bill would similarly revise
these provisions as they apply to a surrendered vessel, until January
1, 2014.
(3) Existing law authorizes a public agency to sell or otherwise
dispose of wrecked property that is an unseaworthy derelict or hulk,
or abandoned property, removed from a navigable waterway, as
specified, subject to specified conditions, including that the
property has been appraised by disinterested persons as having an
estimated value of less than $2,000, and that not less than 72 hours
before the property was removed, a notice was attached. Existing law
requires the notice of removal to include specified information,
including the right of the registered or legal owner to request a
hearing, which is required to be conducted in a specified manner. The
proceeds of any sale are required to be deposited in the Abandoned
Watercraft Abatement Fund, for providing grants to local agencies.
This bill would delete all of the specified conditions necessary
for a public agency to sale or dispose of the wrecked or abandoned
property and would instead allow a public agency to take title to
abandoned property for the sole purpose of abatement, without
assuming any liability, and without satisfying any lien on the
property, and to cause the property to be sold, destroyed, or
otherwise disposed of in any manner it determines is expedient or
convenient. The public agency would be required to use reasonable
means to identify and locate the owner and any lienholder and to
provide notice, as specified. The bill would authorize the public
agency to recover specified costs in a court action or by any
available administrative remedy. The bill would also allow the public
agency, if the abandoned property is sold, to recover its costs from
the proceeds of the sale and to deposit any additional funds into
the Abandoned Watercraft Abatement Fund, which would be authorized to
be expended for removal and disposal actions and other purposes,
including, until January 1, 2014, with regard to surrendered vessels.
(4)
(1) Existing law grants to the City of
Newport Beach all tide and submerged lands, whether filled or
unfilled, bordering upon and under the Pacific Ocean or Newport Bay,
as described, subject to specified conditions.
This bill would grant and convey in trust to the City of Newport
Beach in the County of Orange all the right, title, and interest of
the State of California, subject to the city's statutory trust,
acquired and held by the state pursuant to a specified agreement
approved by the State Lands Commission, as described.
(2) This bill would make legislative findings and declarations as
to the necessity of a special statute for the City of Newport Beach.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 523 of the Harbors and
Navigation Code is amended to read:
523. (a) Any peace officer, as described in Section 663, or any
lifeguard or marine safety officer employed by a county, city, or
special district while engaged in the performance of official duties,
may take immediate action, without notice, to remove a vessel, and,
if necessary, store a vessel removed, from a public waterway under
any of the following circumstances:
(1) When the vessel is left unattended and is moored, docked,
beached, or made fast to land in a position that obstructs the normal
movement of traffic or in a condition that creates a hazard to other
vessels using the waterway, to public safety, or to the property of
another.
(2) When the vessel is found upon a waterway and a report has
previously been made that the vessel has been stolen or a complaint
has been filed and a warrant thereon issued charging that the vessel
has been embezzled.
(3) When the person or persons in charge of the vessel are by
reason of physical injuries or illness incapacitated to an extent as
to be unable to provide for its custody or removal.
(4) When an officer arrests any person operating or in control of
the vessel for an alleged offense.
(5) When the vessel interferes with, or otherwise poses a danger
to, navigation or to the public health, safety, or welfare.
(6) When the vessel poses a threat to adjacent wetlands, levies,
sensitive habitat, any protected wildlife species, or water quality.
(7) When a vessel is found or operated upon a waterway with a
registration expiration date in excess of one year before the date on
which it is found or operated on the waterway.
(b) Costs incurred by a public entity pursuant to removal of
vessels under subdivision (a) may be recovered through appropriate
action in the courts of this state or by the use of any available
administrative remedy.
SEC. 2. Section 525 of the Harbors and
Navigation Code, as amended by Section 1 of Chapter 416 of the
Statutes of 2009, is amended to read:
525. (a) Except for the urgent and immediate concern for the
safety of those aboard a vessel, a person shall not abandon a vessel
upon a public waterway or public or private property without the
express or implied consent of the owner or person in lawful
possession or control of the property.
(b) The abandonment of a vessel in a manner as provided in
subdivision (a) is prima facie evidence that the last registered
owner of record, not having notified the appropriate registration or
documenting agency of any relinquishment of title or interest
therein, is responsible for the abandonment and is thereby liable for
the cost of the removal and disposition of the vessel.
(c) A violation of this section is an infraction and shall be
punished by a fine of not less than one thousand dollars ($1,000),
nor more than three thousand dollars ($3,000). In addition, the court
may order the defendant to pay to the agency that removes and
disposes of the vessel the actual costs incurred by the agency for
that removal and disposition.
(d) Fines imposed and collected pursuant to this section shall be
allocated as follows:
(1) (A) Eighty percent of the moneys shall be deposited in the
Abandoned Watercraft Abatement Fund, which is hereby created as a
special fund. Moneys in the fund shall be used exclusively, upon
appropriation by the Legislature, by the department for the removal
of abandoned vessels and other navigational hazards, and for grants
to be awarded by the department to local agencies for the abatement,
removal, storage, and disposal as public nuisances of any abandoned
property as described in Section 522 or for the disposal of
surrendered vessels as defined in Section 526.1, wrecked or
dismantled vessels, or parts thereof, or any other partially
submerged objects that pose a substantial hazard to navigation, from
navigable waterways or adjacent public property, or private property
with the landowner's consent. These grants shall not be utilized for
abatement, removal, storage, or disposal of commercial vessels.
(B) In evaluating a grant request submitted by a local agency
pursuant to subparagraph (A), the department shall place great weight
on the following two factors:
(i) The existence of an active local enforcement program to
control and prevent the abandonment of watercraft within the local
agency's jurisdiction.
(ii) The existence of a submerged navigational hazard abatement
plan at the local level that provides for the control or abatement of
water hazards, including, but not limited to, abandoned watercraft,
wrecked watercraft, hazardous floating debris, submerged vessels and
objects, and abandoned piers and pilings.
(C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10-percent contribution from the local agency
receiving the grant.
(D) As a condition of receiving grant funding pursuant to this
paragraph, a local agency shall report to the department data, as
deemed appropriate by the department, regarding abandoned and
surrendered vessels removed or anticipated for removal pursuant to
this article.
(2) Twenty percent shall be allocated as set forth in Section
1463.001 of the Penal Code.
(e) The state and any city, county, or special district or any
designated agent or employee thereof, shall not assume liability for
any injuries or damages to a person or entity, public or private,
connected to or resulting from any of the following:
(1) The nonremoval, removal, processing, or disposal of abandoned
property, wrecked or dismantled vessels, the parts thereof, or any
other partially submerged object that poses a hazard to navigation.
(2) The nonremoval, removal, processing, or disposal of a
surrendered vessel, as defined in Section 526.1.
(f) The department may adopt rules and regulations for the purpose
of administering this section.
(g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 525 of the Harbors and
Navigation Code, as added by Section 2 of Chapter 416 of the Statutes
of 2009, is amended to read:
525. (a) Except for the urgent and immediate concern for the
safety of those aboard a vessel, a person shall not abandon a vessel
upon a public waterway or public or private property without the
express or implied consent of the owner or person in lawful
possession or control of the property.
(b) The abandonment of a vessel in a manner as provided in
subdivision (a) is prima facie evidence that the last registered
owner of record, not having notified the appropriate registration or
documenting agency of any relinquishment of title or interest
therein, is responsible for the abandonment and is thereby liable for
the cost of the removal and disposition of the vessel.
(c) A violation of this section is an infraction and shall be
punished by a fine of not less than five hundred dollars ($500), nor
more than three thousand dollars ($3,000). In addition, the court may
order the defendant to pay to the agency that removes and disposes
of the vessel the actual costs incurred by the agency for that
removal and disposition.
(d) Fines imposed and collected pursuant to this section shall be
allocated as follows:
(1) (A) Eighty percent of the moneys shall be deposited in the
Abandoned Watercraft Abatement Fund, which is hereby created as a
special fund. Moneys in the fund shall be used exclusively, upon
appropriation by the Legislature, by the department for removal of
abandoned vessels and other navigational hazards, and for grants to
be awarded by the department to local agencies for the abatement,
removal, storage, and disposal as public nuisances of any abandoned,
wrecked, or dismantled vessels, or parts thereof, or any other
partially submerged objects that pose a substantial hazard to
navigation, from navigable waterways or adjacent public property, or
private property with the landowner's consent. These grants shall not
be utilized for abatement, removal, storage, or disposal of
commercial vessels.
(B) In evaluating a grant request submitted by a local agency
pursuant to subparagraph (A), the department shall place great weight
on the following two factors:
(i) The existence of an active local enforcement program to
control and prevent the abandonment of watercraft within the local
agency's jurisdiction.
(ii) The existence of a submerged navigational hazard abatement
plan at the local level that provides for the control or abatement of
water hazards, including, but not limited to, abandoned watercraft,
wrecked watercraft, hazardous floating debris, submerged vessels and
objects, and abandoned piers and pilings.
(C) A grant awarded by the department pursuant to subparagraph (A)
shall be matched by a 10-percent contribution from the local agency
receiving the grant.
(2) Twenty percent shall be allocated as set forth in Section
1463.001 of the Penal Code.
(e) The state and any city, county, or special district, or any
designated agent or employee thereof, shall not assume liability for
any injuries or damages to a person or entity, public or private,
connected to or resulting from the nonremoval, removal, processing,
or disposal of abandoned property, wrecked or dismantled vessels, the
parts thereof, or any other partially submerged object that poses a
hazard to navigation.
(f) This section shall become operative on January 1, 2014.
SEC. 4. Section 526 of the Harbors and
Navigation Code, as amended by Section 3 of Chapter 416 of the
Statutes of 2009, is amended to read:
526. (a) Notwithstanding any other law, any wrecked property that
is an unseaworthy derelict or hulk, abandoned property as described
in Section 522, or property removed from a navigable waterway
pursuant to Section 523 or 524 that is an unseaworthy derelict or
hulk, may be sold or otherwise disposed of by the public agency that
removed or caused the removal of the property pursuant to this
section, except a surrendered vessel, as defined in Section 526.1,
may be disposed of immediately upon acceptance by a public agency.
(b) (1) The public agency may take title to abandoned property for
the sole purpose of abatement, without assuming any liability, and
without satisfying any lien on the property, and may cause the
property to be sold, destroyed, or otherwise disposed of in any
manner it determines is expedient or convenient. The title to
property transferred by the public agency by sale or otherwise to
third parties shall be clear of any lien or encumbrance.
(2) Prior to the disposition of abandoned property pursuant to
paragraph (1), the public agency shall use reasonable means to
identify and locate the owner and any lienholder. If the owner is
located, the public agency shall mail notice to the owner to claim
the property by a specified date at least 15 days from the date of
the notice.
(3) If the owner cannot be located or the owner fails to respond
to the mailed notice or fails to claim the property within the time
provided or extended, the public agency may direct disposition of the
property at a properly noticed public meeting, notice of which shall
be given to a known owner and known lienholder and the known owner,
known lienholder, or any interested party shall be given the right to
appear and be heard prior to the disposition of the property.
(c) The public agency's cost of disposing of abandoned property,
including staff time and legal and attorney's fees, may be recovered
by appropriate action in any court in which an action may be properly
brought or by the use of any available administrative remedy.
(d) If the abandoned property is sold, the public agency may
recover its costs from the proceeds of the sale and any additional
funds received shall be deposited into the Abandoned Watercraft
Abatement Fund. These funds shall be used solely for additional
removal and disposal actions under this section or Section 522, 523,
524, 525, or 526.1.
(e) It is the intent of the Legislature that this section shall
not be construed to authorize the lien sale or destruction of any
seaworthy vessel, other than a surrendered vessel as defined in
Section 526.1, that is currently registered and operated in
accordance with local, state, and federal law.
(f) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 5. Section 526 of the Harbors and
Navigation Code, as added by Section 4 of Chapter 416 of the Statutes
of 2009, is amended to read:
526. (a) Notwithstanding any other law, any wrecked property that
is an unseaworthy derelict or hulk, abandoned property as described
in Section 522, or property removed from a navigable waterway
pursuant to Section 523 or 524 that is an unseaworthy derelict or
hulk, may be sold or otherwise disposed of by the public agency that
removed or caused the removal of the property pursuant to this
section.
(b) (1) The public agency may take title to abandoned property for
the sole purpose of abatement, without assuming any liability, and
without satisfying any lien on the property, and may cause the
property to be sold, destroyed, or otherwise disposed of in any
manner it determines is expedient or convenient. The title to
property transferred by the public agency by sale or otherwise to
third parties shall be clear of any lien or encumbrance.
(2) Prior to the disposition of abandoned property pursuant to
paragraph (1), the public agency shall use reasonable means to
identify and locate the owner and any lienholder. If the owner is
located, the public agency shall mail notice to the owner to claim
the property by a specified date at least 15 days from the date of
the notice.
(3) If the owner cannot be located or the owner fails to respond
to the mailed notice or fails to claim the property within the time
provided or extended, the public agency may direct disposition of the
property at a properly noticed public meeting, notice of which shall
be given to a known owner and known lienholder and the known owner,
known lienholder, or any interested party shall be given the right to
appear and be heard prior to the disposition of the property.
(c) The public agency's cost of disposing of abandoned property,
including staff time and legal and attorney's fees, may be recovered
by appropriate action in any court in which an action may be properly
brought or by the use of any available administrative remedy.
(d) If the abandoned property is sold, the public agency may
recover its costs from the proceeds of the sale and any additional
funds received shall be deposited into the Abandoned Watercraft
Abatement Fund. These funds shall be used solely for additional
removal and disposal actions under this section or Section 522, 523,
524, or 525.
(e) It is the intent of the Legislature that this section shall
not be construed to authorize the lien sale or destruction of any
seaworthy vessel that is currently registered and operated in
accordance with local, state, and federal law.
(f) This section shall become operative on January 1, 2014.
SEC. 6. SECTION 1. Section 5.6 is
added to Chapter 74 of the Statutes of 1978, to read:
Sec. 5.6. (a) There is hereby granted and conveyed in trust to the
City of Newport Beach in the County of Orange all the right, title,
and interest of the State of California, subject to the city's
statutory trust, acquired and held by the state pursuant to the
agreement that was approved as Calendar Item 73 of the September 1,
2011, State Lands Commission meeting, and which is further described
as follows:
A PARCEL OF FILLED TIDE AND SUBMERGED LAND AND A PORTION OF SWAMP
AND OVERFLOWED LANDS LOCATION NUMBER 3089 PATENT TO JAMES McFADDEN ON
MAY 16, 1892, SITUATE IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF
15TH STREET (100 FEET WIDE) AND THE UNITED STATES GOVERNMENT
BULKHEAD LINE BETWEEN STATION NUMBER 118 AND STATION NUMBER 119, AS
SHOWN ON THE MAP ENTITLED "HARBOR LINES --NEWPORT BAY, NEWPORT BEACH,
CALIFORNIA," DATED MARCH 20, 1936, FILE NUMBER 958, APPROVED BY THE
UNITED STATES SECRETARY OF WAR ON MAY 2, 1936, A COPY OF WHICH IS ON
FILE IN THE OFFICES OF THE COASTAL PROJECTS SECTION, ENGINEERING
DIVISION, UNITED STATES ARMY CORPS OF ENGINEERS, LOS ANGELES
DISTRICT; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE SOUTH 10 40'
10" WEST 109.82 FEET TO A POINT WHICH IS 160.00 FEET NORTHERLY FROM
THE NORTHEASTERLY CORNER OF LOT 4, BLOCK 115 OF TRACT NO. 234 AS PER
MAP FILED IN BOOK 13, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 79 20'30" WEST 146.30
FEET; THENCE SOUTH 10 39'30" WEST 140.00 FEET TO A LINE PARALLEL
WITH AND 20.00 FEET NORTH OF THE NORTHERLY LINE OF SAID BLOCK 115;
THENCE ALONG SAID PARALLEL LINE NORTH 79 20'30" WEST 165.12 FEET TO
THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE CITY OF NEWPORT
BEACH RESOLUTION NO. 4532, RESOLUTION ORDERING VACATION, RECORDED
AUGUST 20, 1956, IN BOOK 3618, PAGE 210 OFFICIAL RECORDS, IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE EASTERLY LINE OF
SAID LAND DESCRIBED IN SAID DEED SOUTH 10 39'12" WEST 20.00 FEET TO
THE NORTHERLY LINE OF SAID BLOCK 115; THENCE ALONG SAID NORTHERLY
LINE SOUTH 79 20'30" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT
10, BLOCK 115 OF SAID TRACT NO. 234; THENCE ALONG THE WESTERLY LINE
OF SAID LOT 10 SOUTH 10 39'12" WEST 99.79 FEET TO THE NORTHERLY
RIGHT OF WAY LINE OF BALBOA BOULEVARD (100 FEET WIDE); THENCE ALONG
SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 19'20" WEST 128.80 FEET TO
THE CENTERLINE OF 16TH STREET (40 FEET WIDE, PORTION NOW ABANDONED);
THENCE ALONG SAID CENTERLINE NORTH 10 38'49" EAST 70.87 FEET;
THENCE NORTH 79 15'11" WEST 236.74 FEET; THENCE NORTH 10 44'49"
EAST 199.43 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 168.54 FEET, A RADIAL BEARING TO
SAID CURVE BEARS NORTH 15 20'21" EAST; THENCE SOUTHWESTERLY 143.27
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48 42'13" TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 373.41 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 33 21'52"
WEST; THENCE SOUTHWESTERLY 79.01 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12 07'24" TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 239.54 FEET, A RADIAL
BEARING TO SAID POINT BEARS NORTH 45 29'16" WEST; THENCE
SOUTHWESTERLY 94.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
22 38'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 113.22 FEET, A RADIAL BEARING TO SAID CURVE BEARS
NORTH 68 07'38" WEST; THENCE SOUTHWESTERLY 22.09 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 11 10'47"; THENCE SOUTH 10 41'35"
WEST 54.92 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF BALBOA
BOULEVARD; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 79 22'
58" WEST 225.76 FEET; THENCE NORTH 10 37'02" EAST 219.64 FEET TO THE
BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 52.74 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15
22'54" WEST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 93.91
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 102 01'22" TO A
POINT OF CUSP WITH A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 72.54 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 00
47'02" EAST; THENCE NORTHWESTERLY 42.46 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 33 31'53" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.01 FEET, A RADIAL BEARING
THROUGH SAID POINT BEARS NORTH 32 44'52" EAST; THENCE SOUTHWESTERLY
54.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 58'25" TO
THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 81.24 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS SOUTH
10 13'33" EAST; THENCE SOUTHWESTERLY 38.37 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 27 03'38" TO THE SOUTHEASTERLY RIGHT OF
WAY LINE OF 18TH STREET (40 FEET WIDE); THENCE ALONG SAID
SOUTHEASTERLY RIGHT OF WAY LINE NORTH 10 36'36" EAST 82.47 FEET TO
SAID U.S. BULKHEAD LINE; THENCE ALONG SAID BULKHEAD LINE SOUTH 79 22'
11" EAST 1280.68 FEET TO THE POINT OF BEGINNING CONTAINING 6.958
ACRES, MORE OR LESS.
(b) There is hereby granted, conveyed, and confirmed in trust to
the City of Newport Beach in the County of Orange all the right,
title, and interest of the State of California, subject to the city's
statutory trust, those lands quieted in the City of Newport Beach,
as trustee, and located waterward of the ordinary high tide line
between 18th and 19th Streets, as permanently fixed in SCC #40434,
filed April 17, 1942, Orange County Recorder's Book 1145, page 172.
(c) The lease of the lands described in subdivision (a), from the
State Lands Commission to the city shall terminate on January 1,
2013.
(d) The city shall hold, operate, and manage, in trust for the
benefit of the statewide public, the public trust lands described in
subdivisions (a) and (b) in accordance with the common law public
trust doctrine and the terms, trusts, and conditions set forth in
Chapter 78 of the Statutes of 1978, as amended by Chapter 728 of the
Statutes of 1994, Chapter 317 of the Statutes of 1997, Chapter 745 of
the Statutes of 2001, and Chapter 361 of the Statutes of 2004.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances
applicable only to the land described in Section 1 of this act.