BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2011-2012 Regular Session | | | ----------------------------------------------------------------- BILL NO: SB 1577 HEARING DATE: April 24, 2012 AUTHOR: SNRW Committee URGENCY: No VERSION: As introduced CONSULTANT: Alena Pribyl DUAL REFERRAL: No FISCAL: Yes SUBJECT: Land exchange. BACKGROUND AND EXISTING LAW Early in its history, the California Legislature statutorily transferred tide and submerged lands in trust to cities and counties, which were then required to develop harbors to further state and national commerce. These lands are monitored by the State Lands Commission to ensure uses are consistent with the public trust. The dynamic nature of the interface of waterways (ocean, rivers, bays, lakes, etc.) with adjoining lands makes the determination of the common boundaries between public trust lands and private property a complex issue. In addition, because many early land descriptions and surveys were vague or faulty, great confusion can arise as to property rights along waterways. To meet these problems, the Commission has developed programs to establish boundaries between public and private lands. Research has concentrated on assembling data from historic maps and surveys, libraries and archives, interviews with historians and long-time residents of the affected areas, and recent on-site surveys. The result of such studies for a particular parcel of land may be a "boundary line agreement" or a negotiated "title settlement" in which the State's interest in the parcel is exchanged for other land or monies for future land acquisitions. This land exchange settles a title dispute for a parcel of land between 15th and 18th streets on the south end of Newport Bay called Marina Park. The land was originally swampland, but was later filled by the Army Corp of Engineers. Due to various land transactions of the property in question over the years, both the City and the State Lands Commission have laid claims to the land. Some of this land has been the site of a mobile home park since the 1950s. In 1997, the Commission contacted the City of 1 Newport Beach to let them know this use of the land was not consistent with the public trust doctrine. The City had wanted to develop the area into an expanded public marina, community center, sailing center, beachfront park and parking area, which the Commission agreed was consistent with the public trust doctrine. Both parties agreed this was a good time to settle the title dispute over the Marina Park land. In this agreement, the City and the Commission establish an agreed Common Boundary Line within the Marina Park subject property. The Commission will terminate all property and public trust interests in land south of the boundary (Trust Termination Parcels) to the City. In exchange, the Commission will acquire all the property north of the boundary line, in trust (Public Trust Parcel; where the mobile home park is now). The Commission will lease the Public Trust Parcel to the City, who will act as a Trustee for the Public Trust Parcel. PROPOSED LAW Land exchange: This bill puts language into statute for a land exchange between the State Lands Commission and the City of Newport Beach. ARGUMENTS IN SUPPORT The title settlement and land exchange agreement was approved by the Commission on September 1, 2011 and signed by the Governor on January 13, 2012. The agreement includes a provision that the Commission and The City will pursue legislation to include the required public trust parcel in the city's statutory trust grant. This bill fulfills this commitment by including the final public trust parcel in the City of Newport Beach's statutory trust grant. ARGUMENTS IN OPPOSITION None received SUPPORT State Lands Commission OPPOSITION None Received 2 3