BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1577|
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UNFINISHED BUSINESS
Bill No: SB 1577
Author: Senate Natural Resources and Water Committee
Amended: 6/20/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 9-0, 4/24/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/10/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Rubio, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright, Yee
NO VOTE RECORDED: Cannella, Runner, Wyland
ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Land exchange
SOURCE : Author
DIGEST : This bill grants and conveys in trust to the
City of Newport Beach in the County of Orange all the
right, title, and interest of the State of California,
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subject to the citys statutory trust, acquired and held by
the state pursuant to a specified agreement approved by the
State Lands Commission, as described.
Assembly Amendments made no substantive changes to the
bill.
ANALYSIS : 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 grants and conveys 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.
Background
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.
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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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/17/12)
California State Lands Commission
ARGUMENTS IN SUPPORT : The California State Lands
Commission states in support:
On behalf of the State Lands Commission (Commission),
I would like to express our support and sponsorship of
SB 1577, which would grant certain public trust land
acquired by the Commission to the City in trust, as
part of a title settlement and land exchange agreement
between the State, acting by and through the
Commission, and the City of Newport Beach, to the City
in trust.
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
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trust grant. SB 1577 fulfills this commitment by
including the final public trust parcel in the City of
Newport Beach's statutory trust grant, as provided for
in the approved agreement.
The public trust parcel granted to the City will be
used to facilitate its proposed Marina Park
development. The features of the Park that the public
trust land will be used for including the sailing
center, public marina, parking lot, public access
paths, American Legion facilities, aquatic beachfront
park, and open space for water-related recreation,
enhance public access, consistent with the public
trust doctrine and the City's statutory trust grant.
ASSEMBLY FLOOR : 79-0, 8/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Lara
CTW:n 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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