Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1273


Introduced by Assembly Member Ting

February 22, 2013


An actbegin delete relating to economic developmentend deletebegin insert to amend Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, and 14 of Chapter 489 of the Statutes of 2001, relating to tidelands and submerged landsend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 1273, as amended, Ting. begin deleteEconomic development: legislative intent. end deletebegin insertTidelands and submerged lands: City and County of San Francisco: Pier 30-32: multipurpose venue.end insert

begin insert

(1) Under existing law (the Burton Act), the state granted certain lands to the City and County of San Francisco in trust for purposes of commerce, navigation, and fisheries, and subject to specified terms and conditions relating to the operation of the Port of San Francisco. Existing law (the McAteer-Petris Act) establishes the San Francisco Bay Conservation and Development Commission and requires the commission to regulate fill and development within a specified area in San Francisco Bay. Existing law declares specified lands along the San Francisco waterfront to be free from the public trust for commerce, navigation, and fisheries, as provided, and authorizes the San Francisco Port Commission to approve a cruise ship terminal development, other maritime facilities, and commercial and office space on a specified area of the San Francisco waterfront. Existing law authorizes the State Lands Commission to convey to the City and County of San Francisco all of the rights, title, and interest held by the state in trust to specified lands along the waterfront, but prescribes terms and conditions for the use of those lands in connection with the cruise ship terminal development, as provided.

end insert
begin insert

This bill would revise the above-described authorization for the conveyance of lands for use for a cruise ship terminal development to instead authorize the San Francisco Port Commission to approve a development on the San Francisco waterfront at Pier 30-32, which would include a multipurpose venue, if specified conditions are met. The bill would authorize the State Lands Commission to convey to the City and County of San Francisco all of the rights, title, and interest held by the state in trust to specified lands along the waterfront, but would prescribe terms and conditions for the use of those lands in connection with a multipurpose venue, as described. The bill would make conforming changes with regard to the revised authorization.

end insert
begin insert

(2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco with respect to the development of Pier 30-32.

end insert
begin delete

Existing law regulates businesses in the state and provides for the implementation of state programs designed to facilitate economic growth and job creation in the state.

end delete
begin delete

This bill would declare the intent of the legislature to enact subsequent legislation that would promote economic growth and create jobs in California.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThis act shall be known, and may be cited, as the
2Pier 30-32 Revitalization Act.end insert

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1 of Chapter 489 of the Statutes of 2001, as
4amended by Section 1 of Chapter 68 of the Statutes of 2003, is
5amended to read:end insert

6

Sec. 1.  

For purposes of this chapter, the following terms have
7the following meanings:

begin insert

8(a) “AB 418” means Chapter 477 of the Statutes of 2011.

end insert
begin insert

9(b) “America’s Cup” means the 34th America’s Cup.

end insert
begin delete

10(a)

end delete

11begin insert(c)end insert “BCDC” means the San Francisco Bay Conservation and
12Development Commission established pursuant to Section 66620
13of the Government Code.

begin delete

P3    1(b)

end delete

2begin insert(d)end insert “Bay jurisdiction” means the jurisdiction, powers, and duties
3of BCDC pursuant to Title 7.2 (commencing with Section 66600)
4of the Government Code within the area defined in subdivision
5(a) of Section 66610 of the Government Code.

begin delete

6(c)

end delete

7begin insert(e)end insert “Bay Plan” means the San Francisco Bay Plan as adopted
8and administered by BCDC pursuant to Title 7.2 (commencing
9with Section 66600) of the Government Code, including all
10amendments thereto.

begin delete

11(d) “Boundary of the Port of San Francisco” means that line
12defining the boundary of “Parcel A” in the description of the lands
13transferred in trust to the City and County of San Francisco
14pursuant to Chapter 1333 of the Statutes of 1968, recorded on May
1514, 1976, in Book C169, pages 573 to 664, inclusive, in the City
16and County of San Francisco Recorder’s Office.

end delete
begin delete

17(e)

end delete

18begin insert(f)end insert “Brannan Street Wharf” means a major San Francisco
19waterfront park in the area of Piers 34 and 36, as identified in the
20Special Area Plan.

begin delete

21(f)

end delete

22begin insert(g)end insert “Burton Act” means Chapter 1333 of the Statutes of 1968,
23as amended.

begin delete

24(g)

end delete

25begin insert(h)end insert “Burton Act trust” means the statutory trust imposed by the
26Burton Act (Chapter 1333 of the Statutes of 1968, as amended),
27pursuant to which the state conveyed to the City and County of
28San Francisco, in trust, by transfer agreement, and subject to certain
29terms, conditions, and reservations, the state’s interest in certain
30tide and submerged lands.

begin delete

31(h)

end delete

32begin insert(i)end insert “City” means the City and County of San Francisco.

begin delete

33(i)

end delete

34begin insert(j)end insert “McAteer-Petris Act” means Title 7.2 (commencing with
35Section 66000) of the Government Code.

begin delete

36(j)

end delete

37begin insert(k)end insert “Public trust” or “trust” means thebegin insert common lawend insert public trust
38for commerce, or navigation and fisheries.

begin delete

39(k)

end delete

P4    1begin insert(l)end insert “Port” means the City and County of San Francisco acting
2by and through the San Francisco Port Commission.

begin delete

3(l)

end delete

4begin insert(m)end insert “San Francisco Bay” means those areas defined in Section
566610 of the Government Code.

begin delete

6(m)

end delete

7begin insert(n)end insert “San Francisco waterfront” means those portions of the area
8transferred to the port pursuant to the Burton Act that also lie within
9the area defined in subdivisions (a) and (b) of Section 66610 of
10the Government Code.

begin delete

11(n)

end delete

12begin insert(o)end insert “Seawall Lot 330” means that parcel of property located in
13San Francisco identified on that certain map entitled SUR 790,
14and shown on Page 318 of the City and County of San Francisco
15100 Scale Ownership Maps, which is on file with the city’s Bureau
16of Street Use and Mapping.

begin insert

17(p) “SB 815” means Chapter 660 of the Statutes of 2007, as
18amended.

end insert
begin delete

19(o)

end delete

20begin insert(q)end insert “Shoreline band jurisdiction” means the jurisdiction, powers,
21and duties of BCDC pursuant to Title 7.2 (commencing with
22Section 66600) of the Government Code to regulate uses within
23 the area defined in subdivision (b) of Section 66610 of the
24Government Code to ensure, in part, maximum feasible public
25access, as prescribed in Section 66632.4 of the Government Code.

begin delete

26(p)

end delete

27begin insert(r)end insert “Special Area Plan” means the San Francisco Waterfront
28Special Area Plan, dated July 20, 2000, adopted by BCDC, as
29amended from time to time.

begin delete

30(q)

end delete

31begin insert(s)end insert “Street” means those lands located within the South
32Beach/China Basin Planning area of the San Francisco waterfront
33at Seawall Lot 330, and also lying within Parcel A of those lands
34transferred to the City and County of San Francisco pursuant to
35the Burton Act, as recorded May 14, 1969, in Book C 169 at Pages
36573 to 664, inclusive, in the San Francisco Recorder’s office, as
37more particularly described as that portion of Main Street, located
38between Bryant Street and the Embarcadero, vacated per Ordinance
3914-93 on January 11, 1993, on file with the San Francisco Bureau
40of Street Use and Mapping, in Book 10, Page 94. All streets and
P5    1street lines described in the preceding sentence are in accordance
2with that certain map entitled SUR 790, and shown on Page 318
3of the City and County of San Francisco 100 Scale Ownership
4Maps, on file with the City’s Bureau of Street Use and Mapping.

begin delete

5(r)

end delete

6begin insert(t)end insert “Waterfront Land Use Plan” means the Waterfront Land Use
7Plan, including the Waterfront Design and Access Element, adopted
8by the port pursuant to Resolution No. 97-50, as amended from
9time to time.

10begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2 of Chapter 489 of the Statutes of 2001 is
11amended to read:end insert

12

Sec. 2.  

The Legislature finds and declares all of the following:

13(a) In 1965, the Legislature adopted the McAteer-Petris Act to
14protect and enhance the San Francisco Bay and its natural
15resources. The McAteer-Petris Act grants BCDC regulatory
16authority over further filling in San Francisco Bay through exercise
17of its bay jurisdiction, and limits that activity to (1) water-oriented
18uses that meet specified criteria; (2) minor fill that improves
19shoreline appearance or public access; and (3) activities necessary
20for the health, safety and welfare of the public in the entire bay
21area. The McAteer-Petris Act also authorizes BCDC to require the
22provision of maximum feasible access to the bay consistent with
23the project over a 100-foot shoreline band through the exercise of
24its shoreline band jurisdiction.

25(b) In 1969, pursuant to the Burton Act, the state conveyed by
26transfer agreement certain state tide and submerged lands to the
27Port. The lands are held by the Port in trust for purposes of
28commerce, navigation, and fisheries, and are subject to the terms
29and conditions specified in the Burton Act and the public trust.
30During the three decades since passage of the Burton Act, issues
31have arisen concerning the application of the McAteer-Petris Act
32to the piers along the San Francisco waterfront. To address those
33issues, BCDC and the Port undertook two intensive and careful
34planning processes, which lasted over nine years.

35(c) The first process culminated in 1997 with the adoption by
36the Port of the Waterfront Land Use Plan and with the adoption
37by the Board of Supervisors of the City and County of San
38Francisco and the Planning Commission of the City and County
39of conforming amendments to the City’s General Plan and Planning
40Code.

P6    1(d) In July 2000, after the second five-year cooperative process
2involving the Port, BCDC, the Save San Francisco Bay
3Association, and numerous interested community groups and
4individuals, was completed, the Port adopted further amendments
5to the Waterfront Land Use Plan. BCDC also adopted amendments
6to the Special Area Planbegin delete whichend deletebegin insert thatend insert is incorporated into, and made
7a part of, the San Francisco Bay Plan, to create consistent plans
8for the area of the San Francisco waterfront between Pier 35 and
9China Basin. At the present time, the Waterfront Land Use Plan
10addresses specific McAteer-Petris Act issues relating to public
11access and the preservation and enhancement of open water as a
12bay resource in this area. The plan also defines public access
13opportunities on each pier in this area and calls for the removal of
14certain additional piers to enhance water views and create
15additional bay surface area.

16(e) A major objective of the joint effort described in subdivisions
17(b), (c), and (d) is to establish a new criterion in the San Francisco
18Bay Plan that would permit fill on the San Francisco waterfront
19in an area where a Special Area Plan has been adopted by BCDC
20for uses that are consistent with the public trust and the Burton
21Act trust. The Special Area Plan for the area between Pier 35 and
22China Basin should provide for all of following:

23(1) The nature and extent of maximum feasible public access
24for the piers including perimeter access, a history walk on most
25piers, and other significant access features on piers where
26appropriate.

27(2) Two major public plazas, the Brannan Street Wharf adjacent
28to Pier 30-32 and another in the vicinity of Pier 27.

29(3) A public planning process to lead to the creation of a third
30major public plaza in the Fisherman’s Wharf area.

31(4) The removal of certain piers to uncover additional bay
32surface.

33(5) The creation and funding of a special fund within the Port
34to finance the removal of the selected piers and the construction
35and maintenance of those public plazas.

36(6) A historic preservation mechanism to ensure preservation
37of important historic resources on the piers.

38(7) The ability of the Port to repair, improve, or use the piers
39not designated for removal between Pier 35 and China Basin for
P7    1any purpose consistent with the Burton Act, the public trust and
2the Special Area Plan.

3(f) The San Francisco waterfront, which has been the subject
4of this planning process, provides benefits to the entire bay area,
5and serves as a unique destination for the region’s public. These
6regionwide benefits include enjoyment of a unique, publicly owned
7waterfront that provides special maritime, navigational,
8recreational, cultural, and historical benefits that serve the bay
9area. Accordingly, the adoption by BCDC, and the ratification by
10the Legislature, of the Special Area Plan, as amended, is necessary
11to protect the health, safety, and welfare of the public in the entire
12bay area for purposes of subdivision (f) of Section 66632 of the
13Government Code.

begin insert

14(g) The Port is a valuable public trust asset, a vibrant and
15world-renowned tourist destination, and a vital component of the
16regional, state, and national economies. The Port faces unique
17challenges in implementing the Waterfront Land Use Plan and
18Special Area Plan. Deferred maintenance on the Port’s numerous
19historic piers and other structures, together with limitations on
20revenue generating opportunities, has caused deteriorating
21conditions along the San Francisco waterfront. The estimated cost
22of implementing the Port’s capital plan is over two billion dollars
23($2,000,000,000), which substantially exceeds the projected
24revenues of the Port available for these purposes. A purpose of
25this act is to further the public trust by facilitating the Port’s
26implementation of the important parts of the Waterfront Land Use
27Plan, the Special Area Plan, and the Port’s capital plan, subject
28to environmental review, as required under the California
29Environmental Quality Act (Division 13 (commencing with Section
3021000) of the Public Resources Code).

end insert
31begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 3 of Chapter 489 of the Statutes of 2001 is
32amended to read:end insert

33

Sec. 3.  

The Legislature also hereby finds and declares all of
34the following with respect to Seawall Lot 330 and the street:

35(a) The lands comprising the street are tide and submerged lands
36that have been filled and reclaimed, and were reserved to the state
37solely for street purposes.

38(b) The filled and reclaimed tide and submerged lands
39constituting the street have been filled and reclaimed for, and in
P8    1connection with, a highly beneficial plan of improvement for harbor
2development.

3(c) The street is not used, suitable, or necessary for navigation
4purposes and is not necessary, or used for street purposes.

5(d) The street or any interests in the street that are to be sold by
6the city, and over which the Burton Act trust and the public trust
7will be terminated, constitute a relatively small portion of the
8granted tide and submerged lands.

9(e) Section 3 of Article X of the California Constitution permits
10the sale to any city, county, city and county, municipal corporation,
11private person, partnership, or corporation of tidelands reserved
12to the state solely for street purposes, which tidelands the
13Legislature finds and declares are not used and not necessary for
14navigation purposes, subject tobegin delete suchend deletebegin insert thoseend insert conditionsbegin delete asend deletebegin insert thatend insert the
15Legislature may impose to protect the public interest.

16(f) The existence of the street limits the potential development
17of Seawall Lot 330. The proposed sale will be consistent with
18Section 3 of Article X of the California Constitution, if all of the
19following conditions are met:

20(1) The consideration for the sale of the street, pursuant to
21Section 3 of Article X of the California Constitution, shall be the
22fair market value of those lands or interests in the lands.

23(2) The street to be sold by the city and over which the public
24trust or the Burton Act trust, or both trusts, will be terminated has
25been filled and reclaimed, and the street consisting entirely of dry
26land lying above the present line of mean high tide is no longer
27needed or required for the purposes of the public trust or the Burton
28Act trust.

29(3) The street to be sold by the city and over which the public
30trust or the Burton Act trust, or both trusts, will be terminated has
31been cut off from direct access to the waters of San Francisco Bay
32by past filling of intervening property for a major roadway (the
33Embarcadero), which has provided, and will continue to provide,
34lateral public access to the water.

35(4) The street was reserved to the state for street purposes and
36is not used or necessary for navigation purposes. Therefore, in
37accordance with Section 3 of Article X of the California
38Constitution, that street can and should be conveyed into private
39ownership for uses consistent with, and in furtherance of, this act.

begin delete

P9    1(5) The sale of the street shall occur only in conjunction with a
2simultaneous exchange of the state’s sovereign title in Seawall Lot
3330 pursuant to Chapter 310 of the Statutes of 1987, according to
4the terms and conditions required by the State Lands Commission,
5or other disposition of the state’s sovereign title in Seawall Lot
6330 approved by the State Lands Commission or the Legislature.

end delete

7(g) It is therefore the intent of the Legislature, subject to the
8terms and conditions set forth in this act to authorize the city to
9dispose of the street for private use free from the public trust or
10the Burton Act trust.

begin insert

11(h) In 2003, the Port and the State Lands Commission entered
12into an exchange agreement pursuant to Chapter 310 of the
13Statutes of 1987 by which a portion of Seawall Lot 330 was freed
14from the public trust and the Burton Act trust and was sold for fair
15market value, the proceeds from which were dedicated to
16construction of the Brannan Street Wharf. The Legislature enacted
17SB 815 in 2007, which lifted the public trust and the Burton Act
18trust use restrictions from the remainder of Seawall Lot 330,
19including the street, until 2094. In 2011, the Legislature enacted
20AB 418 to facilitate the America’s Cup, which, subject to certain
21conditions, freed the remainder of Seawall Lot 330, including the
22street, from the public trust and authorized the Port to sell Seawall
23Lot 330 at fair market value, subject to the approval of the State
24Lands Commission. This section does not limit the effect of, or the
25authority granted to, the Port by SB 815 and AB 418 with respect
26to Seawall Lot 330, including the street.

end insert
27begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4 of Chapter 489 of the Statutes of 2001 is
28amended to read:end insert

29

Sec. 4.  

The Legislature further finds and declares that the
30following unique circumstances exist at Pier 30-32 on the San
31Francisco waterfront, and that therefore, this act sets no precedent
32for any other location or project in the state:

33(a) The Pier 30-32 platform bayward of the Embarcadero
34consists ofbegin delete anend delete obsolete, pile-supported pier structures that are
35physically no longer capable of serving most trust-related purposes
36without substantial modification and repair.begin insert The pier is an
37approximately 13-acre facility centrally located along the
38waterfront and with a natural deep water berth along its east face.
39However, the poor structural condition of Pier 30-32 currently
40limits the use of the pier to automobile parking and occasional,
P10   1temporary use as a tertiary berth for cruise ships and other deep
2draft vessels. The pier has a limited remaining useful life. The Port
3estimates that the cost of removing the pier would exceed forty-five
4million dollars ($45,000,000).end insert

5(b) begin deleteSan Francisco is the center of northern California’s cruise
6activity. The end delete
begin insertPreserving Pier 30-32 requires a substantial capital
7investment to improve the piles and decking to modern seismic
8standards. The estimated cost of rehabilitating the pier
9substantially exceeds its fair market value. The Port does not have
10adequate funding in its 10-year capital plan for the costs to
11improve or to remove the pier due to limited Port resources and
12competing Port priorities, including completion of a new
13international cruise terminal at Pier 27 and the preservation of
14historic maritime resources in the Port’s jurisdiction. The Port
15must conserve Port revenue to support those maritime uses and
16public improvements for which private investment is not
17economical. Therefore, it is not feasible for the Port to directly
18fund all necessary capital improvements to preserve the pier and
19construct new, needed maritime or other public trust facilities on
20Pier 30-32.end insert

21begin insert(c)end insertbegin insertend insertbegin insertOver the past decade, the Port has sought to preserve and
22develop Pier 30-32 through public-private partnerships. In 2001,
23the Legislature authorized the development of Pier 30-32 with a
24new cruise ship terminal, office space, and retail space. Theend insert
need
25for a new cruise ship terminal has been recognized for over 40
26yearsbegin delete, most recently in aend deletebegin insert. Aend insert 1998 assessment by the Portbegin delete thatend delete found
27that cruise industry experts considered the present terminal at Pier
2835 on the San Francisco waterfront to be inferior to other cruise
29terminals in the United States. That assessment also concluded
30that the existing San Francisco passenger terminal at Pier 35 cannot
31accommodate modern cruisebegin delete ships. Without a new passenger
32terminal, California stands to lose a significant portion of the cruise
33ship business it presently enjoys, which would also adversely affect
34the many maritime industries dependent on a healthy cruise
35industry.end delete

36begin delete(c)end deletebegin deleteend deletebegin deleteTheend delete ships. The Port’s 1998 assessment evaluated alternative
37locations for a new cruise ship terminal and concluded that Pier
3830-32 was the most viable site for a new cruise terminal in San
39Francisco because of dredging, site configuration, and development
40considerations.begin insert The Port solicited proposals and selected a
P11   1developer for a cruise ship terminal at Pier 30-32. The developer
2subsequently abandoned that project after determining that the
3financial investment required to improve the substructure of Pier
430-32 was cost prohibitive, and no other developer could be found
5who was willing to accept assignment of the development rights
6for the project. The Port has since identified Pier 27 as the
7preferred location for its new cruise ship terminal in San
8Francisco, and construction of the terminal building is currently
9underway.end insert

10begin insert(d)end insertbegin insertend insertbegin insertIn 2011, the America’s Cup Event Authority proposed to
11improve Pier 30-32 to host racing teams and hospitality facilities
12during the America’s Cup in 2013, and to acquire long-term
13development rights to Pier 30-32. Those planned facilities were
14ultimately relocated to other piers due primarily to the cost of
15rehabilitating the substructure of Pier 30-32.end insert

begin delete

16(d)

end delete

17begin insert(e)end insertbegin insertend insertThe Waterfront Land Use Plan and the Special Area Plan
18recognize that the development of Pier 30-32 and the surrounding
19area within the South Beach/China Basin subarea identified in the
20Waterfront Land Use Plan would further the public trust purposes
21of increasing maritime activities and expanding public use and
22enjoyment of the waterfront on trust lands at this location.

begin delete

23(e)

end delete

24begin insert(f)end insert The Portbegin delete has solicited proposals and has chosen a developer
25forend delete
begin insert now proposesend insert a mixed-use development at Pier 30-32, the
26primary proposes of which are tobegin delete promote waterborne
27transportation at the port by constructing the James R. Herman
28International Cruise Terminal at Pier 30-32, and toend delete
begin insert (1)end insert further
29public usebegin insert, access,end insert and enjoyment of the tidelandsbegin insert and surrounding
30waterend insert
at this location by providingbegin delete boat berths,end deletebegin insert a multiend insertbegin insertpurpose
31venue for events and public assembly, coupled withend insert
public access,
32begin delete and substantial ground floorend deletebegin insert open space,end insert commercial public trust
33 usesbegin insert, and parking serving the uses on Piers 30-32 and visitors to
34the waterfront, and (2) preserve and enhance maritime uses and
35water-oriented recreational activities at the siteend insert
.

begin delete

36(f)

end delete

37begin insert(g)end insert In addition tobegin delete beingend deletebegin insert providingend insert a destination forbegin delete cruise shipsend delete
38begin insert events, public assembly, and public access to the bayend insert, the planned
39improvements includebegin insert maritime facilities on the pier. Possible
40improvements include a new facility for the city’s fire boats;end insert

P12   1 berthing facilities for waterborne transit, such as water taxisbegin delete andend deletebegin insert,
2ferries, orend insert
commercial excursionbegin delete and recreational boats thatend deletebegin insert boats;
3recreational water sports access, such as a public kayak launch
4area; periodic, temporary berthing for deep draft vessels on the
5east side of the pier, and other berthing facilities. New maritime
6facilitiesend insert
will promote local waterborne transit andbegin insert mayend insert establish
7the proposed development at Pier 30-32 as abegin delete water-sideend deletebegin insert watersideend insert
8 destination for recreational boating.

begin delete

9(g) The Brannan Street Wharf will lie adjacent to Pier 30-32.
10Pursuant to the Special Area Plan implementation requirements,
11the approval and construction of the proposed development at Pier
1230-32 requires that the construction of Phase I of the Brannan
13Street Wharf be completed no later than five years after the
14issuance of a certificate of occupancy for the major reuse of Pier
1530-32, and that the entire Brannan Street Wharf be completed no
16later than 15 years after issuance of a certificate of occupancy for
17the major reuse of Pier 30-32, if grant funds or other funding are
18available, or 20 years if not. The Brannan Street Wharf will provide
19an essential recreational element to serve the public trust as
20provided in the Special Area Plan. Accordingly, it is desirable that
21the construction of the Brannan Street Wharf be accelerated.

end delete

22begin insert(h)end insertbegin insertend insertbegin insertThe city’s fire boats have operated on the San Francisco
23Bay since 1878 and have provided critical fire protection services
24to the city in situations like the Loma Prieta earthquake when the
25ability of the fire boats to pump bay water to fight fires saved a
26significant portion of San Francisco’s Marina District, as well as
27the recent fire at Pier 29. In addition, the city’s fire boat operation
28provides unique rescue and response services on the San Francisco
29Bay that are of regionwide significance. The current fire boat
30station at Pier 22end insert
begin insert12end insertbegin insert is no longer sufficient to serve the needs of
31the operation. A new fire boat facility at Pier 30-32 would provide
32an opportunity to improve and expand fire boat operations.end insert

begin delete

33(h) The Port is

end delete

34begin insert(i)end insertbegin insertend insertbegin insertPier 30-32 is ideally situated to provide public access to the
35waterfront. It is within walking distance of the Ferry Building, the
36San Francisco Giants baseball stadium, and regional transit hubs,
37including the proposed Transbay Transit Center, has unmatched
38views of the Bay Bridge, and is immediately adjacent to the
39Brannan Street Wharf project, which will provide a
4058,700-square-foot pile-supported park over the bay, consistent
P13   1with the Special Area Plan. The Portend insert
committed to the construction
2of the Brannan Street Wharf earlier than required under the Special
3Area Plan through investment of approximatelybegin delete fifteenend deletebegin insert twenty-fiveend insert
4 million dollarsbegin delete ($15,000,000)end deletebegin insert ($25,000,000)end insert for the removal of
5175,000 square feet of pile-supported fill and development of
6public access improvementsbegin delete, to be funded primarily by revenue
7from port operations, including the development of Pier 30-32end delete
.
8begin insert The Brannan Street Wharf project is currently under construction
9and is anticipated to be completed by June 2013. The value of the
10Brannan Street Wharf as a recreational resource is diminished by
11the current condition and use of Pier 30-32, which presents visual
12blight and cannot support dedicated public access on the pier.end insert

begin delete

13(i) The proposed development of a cruise ship terminal at Pier
1430-32 will require a substantial capital investment to improve the
15piles and decking. The Port must conserve port revenue to support
16those maritime uses and public improvements for which private
17investment is not economical. Therefore, the Port cannot directly
18fund all necessary capital improvements to construct new needed
19maritime facilities, including a new passenger terminal and
20associated improvements.

end delete
begin delete

21(j) Under applicable regulations, and due to the limited, seasonal
22(May through September) nature of the cruise ship operation, cruise
23ships will use the cruise terminal only approximately 65 to 100
24days per year.

end delete
begin delete

25(k)

end delete

26begin insert(j)end insert The inclusion of public accessbegin delete structures, a lagoon, transient
27boat berthing,end delete
begin insert improvements, maritime facilities, andend insert commercial
28public trust uses, together with a newbegin delete passenger terminalend delete
29begin insert multipurpose venueend insert, promotes the trust objectives of furthering
30maritime commerce and improving public access and use on the
31San Francisco waterfront.

begin delete

32(l) The inclusion of upper level general office space at Pier
3330-32 is proposed because it provides a needed incentive for private
34investment. To the extent the office space is not occupied by trust
35tenants, it is not a trust use, notwithstanding its importance as a
36financial inducement.

end delete
begin insert

37(k) The estimated cost of the construction of the substructure
38and related improvements required to make Pier 30-32 useable
39for the proposed development is in excess of one hundred twenty
40million dollars ($120,000,000), which significantly exceeds the
P14   1appraised fair market value of the pier. The project proposes to
2finance substructure costs with private capital, the proceeds from
3the sale or lease of Seawall Lot 330 pursuant to AB 418, rent
4credits for the lease of Pier 30-32 to the developer of the venue,
5property tax increment from an infrastructure financing district,
6and possibly special taxes from a community facilities district. The
7multi-purpose venue structure itself will be entirely privately
8financed and will not require any expenditure of money from the
9city’s general fund, or from other city or Port funds, for its
10construction.

end insert
11begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 5 of Chapter 489 of the Statutes of 2001, as
12amended by Section 2 of Chapter 68 of the Statutes of 2003, is
13amended to read:end insert

14

Sec. 5.  

The Legislature, in the exercise of its retained power
15as trustee of the public trust, and in view of the unique
16circumstances existing at Pier 30-32 on the San Francisco
17waterfront and the considerable statewide public benefit and
18promotion ofbegin delete maritime transportationend deletebegin insert the public trustend insert that will be
19brought about by thebegin insert preservation of the pier,end insert construction of a
20newbegin delete passenger cruise ship terminal, improvements to berthing
21facilities for waterborne transit, a lagoon,end delete
begin insert multipurpose venue,
22establishment of maritime uses, andend insert
improved public access and
23commercial public trust uses on this site, hereby authorizes the
24Port to approve abegin delete cruise ship terminalend delete development on the San
25Francisco waterfront at Pier 30-32,begin delete which would include general
26office use and general retail useend delete
begin insert that includes a multipurpose venueend insert,
27ifbegin insert the Port finds thatend insert all of the following conditions are met:

begin delete

28(a) The development includes a modern two-berth cruise ship
29terminal.

end delete
begin insert

30(a) The venue facility is designed to provide vantage points
31offering views of the Bay Bridge, the San Francisco Bay, or both,
32from concourses on the south and east sides of the venue, and from
33certain seating areas, and, consistent with programming needs of
34events, the venue facility shall provide free public access to patrons
35and nonpatrons alike to portions of the building on the east side
36of the venue, from which the public can view the San Francisco
37Bay, subject to reasonable limitations based on security.

end insert

38(b) The development includes a public access component that
39meets the requirements of the Special Area Plan and the San
40Francisco Bay Plan as interpreted by BCDCbegin delete and that also offers
P15   1expanded bay views and public accessend delete
begin insert, provides new public
2vantage points on the north, east, and south sides of Pier 30-32
3from which to view San Francisco Bay, and provides continuous
4public access around the entire perimeter of Pier 30-32 (configured
5as necessary to accommodate use by the fire boat station, berths,
6or other maritime uses on the pier edge, to the extent each of those
7uses is incorporated into the development) and between Pier 30-32
8and the Brannan Street Wharfend insert
.

begin delete

9(c) Prior to submitting a major permit application to BCDC for
10the cruise ship terminal development, the Port, after review by or
11on behalf of BCDC, approves the final design concept for the
12Brannan Street Wharf.

end delete
begin delete

13(d) Prior to the issuance of a BCDC permit for the cruise ship
14terminal development, the Port demonstrates, to the satisfaction
15of BCDC and the Attorney General’s office, that it has irrevocably
16encumbered all of the funds deemed necessary for the completion
17of the Brannan Street Wharf and has placed the funds in a
18segregated account guaranteed to be available to be drawn upon
19for the construction of the Brannan Street Wharf, and the Port and
20BCDC enter into an enforceable agreement that provides for the
21Port to fund, directly or through grant funding, or both, design,
22and construct the Brannan Street Wharf consistent with the
23following timetable:

end delete
begin delete

24(1) The Port shall complete preliminary engineering drawings
25for the Brannan Street Wharf and prepare and submit to BCDC a
26financing plan approved by the Port indicating funding sources
27and estimated construction costs at the time the construction of
28the cruise ship terminal development commences.

end delete
begin delete

29(2) The Port shall complete Phase 1, the northern portion of the
30Brannan Street Wharf (in the area of Pier 34), as described in the
31Special Area Plan contemporaneously with the construction of the
32cruise terminal development.

end delete
begin delete

33(3) The Port shall remove Pier 36 and complete the Brannan
34Street Wharf no later than five years after commencement of
35construction of the cruise ship terminal development.

end delete
begin delete

36(e) The amount of office space in the development does not
37exceed 300,000 leasable square feet, all of which shall be above
38the ground level. This office space shall also be designed to
39contribute to a development design that includes public spaces and
40promotes visual and public access. An additional 25,000 leasable
P16   1square feet of space in the cruise ship terminal building may be
2used for general office use until the earlier of either of the
3following:

end delete
begin delete

4(1) Fourteen years from the first date of occupancy.

end delete
begin delete

5(2) When home berthing ships above 5,000 passenger berth
6capacity call for 15 days per year for two consecutive years.

end delete
begin delete

7(f) The development includes a marketing program designed to
8maximize the amount of general office space occupied by
9trust-related tenants over the life of the development.

end delete
begin delete

10(g) The cruise ship terminal development, if approved by BCDC,
11complies with the requirements set forth in this subdivision. For
12purposes of this subdivision only, “trust retail” means visitor
13serving public trust retail and restaurant use. “Nontrust retail”
14means other retail and theatre uses. The amount of trust retail
15leasable space shall be equal to or greater than the nontrust retail
16leasable space. The amount of trust retail leasable space, nontrust
17retail leasable space, and visitor serving trust use converted from
18trust or nontrust retail, as approved by BCDC, shall be at least 40
19percent of the total amount of office leasable space.

end delete
begin insert

20(c) The Brannan Street Wharf project, as described in the
21Special Area Plan, shall be substantially complete and open to the
22public prior to approval of the Pier 30-32 development.

end insert
begin insert

23(d) The development includes a significant maritime program
24that provides for maritime uses along the north and east edges of
25Pier 30-32, which uses may include, without limitation:

end insert
begin insert

26(1) A city fire station and berthing facilities for city fire boats.

end insert
begin insert

27(2) Facilities for berthing at the east end of Pier 30-32, including
28facilities that can accommodate periodic use by cruise or other
29deep draft vessels.

end insert
begin insert

30(3) Direct public access to the water in the form of a launch for
31human-powered vessels, subject to feasibility and public safety
32considerations.

end insert
begin insert

33(4) Guest berths that accommodate private vessels for day use.

end insert
begin insert

34(5) Water-based transit facilities, including water taxi and ferry
35landings.

end insert
begin insert

36(e) The development provides for the use of the south edge of
37Pier 30-32 by recreational craft or other maritime uses, which
38may include, without limitation, the types of facilities referenced
39in paragraphs (2) to (5), inclusive, of subdivision (d), or for public
P17   1access or public water-oriented recreational uses facing the
2Brannan Street Wharf open water basin.

end insert
begin insert

3(f) Any nonmaritime office space provided on Pier 30-32 is for
4use by the primary tenants of the multipurpose venue, or is
5ancillary to the use of the multipurpose venue, the retail uses on
6Pier 30-32, the operation and management of the open space, and
7other public facilities on Pier 30-32.

end insert
begin insert

8(g) At least half of all retail on Pier 30-32 is trust retail. For
9purposes of this subdivision only, “trust retail” means visitor
10serving public trust retail and restaurant use.

end insert
begin insert

11(h) Any parking included on Pier 30-32 is located under active
12uses on Pier 30-32, substantially screened from public view, and
13designed to avoid material interference with pedestrian and bicycle
14traffic along Herb Caen Way and the public’s access to and use
15of the open space on the surface of the pier.

end insert
16begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 6 of Chapter 489 of the Statutes of 2001 is
17amended to read:end insert

18

Sec. 6.  

The Legislature finds and declares that the 2000
19amendments of the San Francisco Bay Plan and the Special Area
20Plan by BCDC are authorized under subdivision (f) of Section
2166632 of the Government Code as necessary to protect the health,
22safety, and welfare of the public in the entirebegin delete Bay Areaend deletebegin insert bay areaend insert,
23and BCDC’s actions with respect to those amendments are hereby
24ratified and confirmed.

25begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 7 of Chapter 489 of the Statutes of 2001, as
26amendedend insert
begin insert by Section 3 ofend insertbegin insert Chapter 68 of the Statutes of 2003, is
27amended to read:end insert

begin delete
28

Sec. 7.  

Notwithstanding the Special Area Plan and the Bay
29Plan requirement for findings of consistency with the public trust
30doctrine and the Burton Act, BCDC is authorized to approve the
31cruise ship terminal development trust as provided in this act.
32Except as provided in Section 14 of this act, nothing in this act is
33intended to limit the discretion of BCDC to approve or deny
34permits for the projects described in this act in a manner consistent
35with the McAteer-Petris Act, the Bay Plan, the Special Area Plan,
36and this act, or to limit the discretion of BCDC to enforce permits
37issued for the projects described in this act.

end delete
38begin insert

begin insertSec. 7.end insert  

end insert
begin insert

Any requirement for findings of consistency with the
39public trust doctrine or the Burton Act trust under the Special Area
40Plan, the Bay Plan, or any other applicable statute, regulation, or
P18   1plan shall be deemed satisfied if the Port has made a finding that
2the Pier 30-32 development is consistent with the requirements of
3Section 6 of the Pier 30-32 Revitalization Act. Except as provided
4in this section, nothing in that act is intended to limit the discretion
5of BCDC to approve or deny permits for the projects described in
6that act in a manner consistent with the McAteer-Petris Act, the
7Bay Plan, the Special Area Plan, and that act, or to limit the
8discretion of BCDC to enforce permits issued for the projects
9described in that act.

end insert
10begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 8 of Chapter 489 of the Statutes of 2001 is
11amended to read:end insert

12

Sec. 8.  

(a) For the purpose of effectuating the sale of the street,
13including the conveyance of the street by the city, free of the public
14trust and the Burton Act trust, the State Lands Commission may
15convey to the city by patent all of the rights, title, and interest held
16by the state by virtue of its sovereign trust title to the street,
17including any public trust interest or Burton Act reservation or
18trust interest, not heretofore conveyed, subject to any reservations
19the State Lands Commission determines appropriate.

20(b) In any casebegin delete whereend deletebegin insert in whichend insert the state, pursuant to this act,
21conveys filled tidelands and submerged lands transferred to the
22city pursuant to the Burton Act, the state shall reserve all minerals
23and all mineral rights in the lands of every kind and character now
24known to exist or hereafter discovered, including, but not limited
25to, oil and gas and rights thereto, together with the sole, exclusive,
26and perpetual right to explore for, remove, and dispose of those
27minerals by any means or methods suitable to the state or to its
28successors and assignees, except that, notwithstanding the Burton
29Act, or Section 6401 of the Public Resources Code, any such
30reservation shall not include the right of the state or its successors
31or assignees in connection with any mineral exploration, removal,
32or disposal activity, to do either of the following:

33(1) Enter upon, use, or damage the surface of the lands or
34interfere with the use of the surface by any grantee or by the
35grantee’s successors or assignees.

36(2) Conduct any mining activities of any nature whatsoever
37above a plane located 500 feet below the surface of the lands
38without the prior written permission of any grantee of the lands or
39the grantee’s successors or assignees.

begin insert

P19   1(c) This section does not require the state, the city, or the Port
2to reserve mineral rights in any portion of Seawall Lot 330,
3including any portion of the street, that is conveyed pursuant to
4AB 418.

end insert
5begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 9 of Chapter 489 of the Statutes of 2001 is
6amended to read:end insert

7

Sec. 9.  

The city may, pursuant to Section 3 of Article X of the
8California Constitution, sell the street to any private person,
9partnership, or corporation, with the approval of the State Lands
10Commission, if the city first finds that the sale is consistent with
11the legislative findings and declarations set forth in Section 3. That
12sale shall not be effective unless and until the State Lands
13Commission, at a regular open meeting with the proposed sale of
14the street as a properly scheduled agenda item, does or has done,
15all of the following:

16(a) Finds, or has found, that the consideration for the sale of the
17street pursuant to Section 3 of Article X of the California
18Constitution shall be the fair market value of the street.

19(b) Adopts, or has adopted, a resolution approving the sale that
20finds and declares that the street has been filled and reclaimed, is
21cut off from access to the waters of San Francisco Bay, and is no
22longer needed or required for the promotion of the public trust or
23the Burton Act trust, and that no substantial interference with the
24public trust or Burton Act trust uses and purposes will ensue by
25virtue of the sale. The resolution shall also declare that the sale is
26consistent with the findings and declarations in Section 3, and the
27sale is in the best interests of the state and city. Upon adoption of
28the resolution, or at a time that is specified in the resolution, the
29street shall thereupon be free from the public trust and the Burton
30Act trust.

31(c) Finds, or has found, thatbegin insert the proceeds forend insert the sale of the
32streetbegin delete shall occur only in conjunction with a simultaneous exchange
33of the state’s sovereign title in Seawall Lot 330 pursuant to Chapter
34310 of the Statutes of 1987, according to the terms and conditions
35required by the State Lands Commission, or other disposition of
36the state’s sovereign title in Seawall Lot 330 approved by the State
37Lands Commission or the Legislature, and that the proceeds for
38that saleend delete
will be devoted to trust-related capital improvements by
39the Port.

begin insert

P20   1(d) This section does not apply to a conveyance of any portion
2of Seawall Lot 330, including the street, that is made pursuant to
3AB 418.

end insert
4begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 11 of Chapter 489 of the Statutes of 2001 is
5amended to read:end insert

6

Sec. 11.  

begin deleteAny agreement for the sale of, and trust termination
7over, the street pursuant to this act end delete
begin insertA deed, patent, agreement, or
8other instrument executed in furtherance of this act, or an action
9of the state, the city, or the Port to approve the use, lease, or
10conveyance of any portion of port property subject to this act, or
11to approve project agreements, grant entitlements, or permits, or
12issue bonds or other indebtedness in connection with the use and
13development of that property in accordance with this act, end insert
shall be
14conclusively presumed to be valid, unless held to be invalid in an
15appropriate proceeding in a court of competent jurisdiction to
16determine the validity of thebegin insert instrument,end insert agreementbegin delete. Any such
17proceeding shall beend delete
begin insert, or approvalend insert commenced within 60 days after
18the recording of thebegin insert instrument orend insert agreementbegin insert, or the recording of
19a memorandum evidencing the instrument or agreement, or, in the
20case of an approval, within 60 days after the approvalend insert
.

21begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 13 of Chapter 489 of the Statutes of 2001 is
22amended to read:end insert

23

Sec. 13.  

begin insert(a)end insertbegin insertend insertAn action may be brought under Chapter 4
24(commencing with Section 760.010) of Title 10 of Part 2 of the
25Code of Civil Procedurebegin insert to establish title to any lands conveyed
26pursuant to this act orend insert
by the parties to any agreement regarding
27a street sale or exchange of land entered into pursuant to this act
28or pursuant to Chapter 310 of the Statutes of 1987 to confirm the
29validity of the agreement. Notwithstanding Section 764.080 of the
30Code of Civil Procedure, the statement of decision in the action
31shall include a recitation of the underlying facts and a determination
32whether thebegin insert conveyance orend insert agreement meets the requirements of
33this act,begin insert and, if applicable,end insert Chapter 310 of the Statutes of 1987,
34Sections 3 and 4 of Article X of the California Constitution, and
35any other law applicable to the validity of thebegin insert conveyance orend insert
36 agreement.

begin insert

37(b) For purposes of Section 764.080 of the Code of Civil
38Procedure, and unless otherwise agreed in writing, an agreement
39entered into pursuant to this act shall be deemed to be entered into
40on the date it is executed by the executive officer of the commission,
P21   1who shall be the last of the parties to sign prior to the signature
2of the Governor. The effective date of the agreement shall be
3deemed to be the date on which it is executed by the Governor
4pursuant to Section 6107 of the Public Resources Code.

end insert
begin insert

5(c) An action may be brought under Chapter 9 (commencing
6with Section 860) of Title 10 of Part 2 of the Code of Civil
7Procedure to determine the legality and validity of a deed, patent,
8agreement, or other instrument executed in furtherance of or
9authorized by this act, or an action of the city or Port to use, lease,
10or convey any property, or to approve project agreements, grant
11entitlements, or permits, or issue bonds or other indebtedness in
12connection with the use and development of that property, in
13accordance with this act. Prior to the filing of an action, the
14Attorney General and the executive officer of the commission shall
15be provided written notice of the action and a copy of the
16complaint. An action authorized by this subdivision may be
17combined with an action authorized by subdivision (a).

end insert
18begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 14 of Chapter 489 of the Statutes of 2001 is
19amended to read:end insert

begin delete
20

Sec. 14.  

The authorization contained in Section 5, and any
21lease, permit, development approval, or other entitlement for use,
22including any BCDC permit, for the cruise ship terminal
23development that is dependent upon that authorization is not
24affected by the failure of the Port to perform any obligation under
25the BCDC agreement referred to in subdivision (d) of Section 5,
26and that authorization and the lease, permit, development approval,
27or other entitlement for use shall remain in full force and effect.
28BCDC may enforce the agreement referred to in subdivision (d)
29of Section 5 by specific performance or by any other enforcement
30remedy in the McAteer-Petris Act, except for revocation of any
31BCDC permit issued for the cruise terminal development.

end delete
32begin insert

begin insertSec. 14.end insert  

end insert
begin insert

This act does not alter the obligations of the city or
33the Port under the California Environmental Quality Act (Division
3413 (commencing with Section 21000) of the Public Resources
35Code), including any obligation to consider alternatives to a
36project proposed for Pier 30-32 or Seawall Lot 330.

end insert
37begin insert

begin insertSEC. 14.end insert  

end insert

begin insertFor purposes of this act, subdivision (d) of Section 9
38of Chapter 477 of the Statutes of 2011end insert
begin insert shall not apply to any sale
39of Seawall Lot 330 if the proceeds of the sale are applied to the
40cost of rehabilitating the Pier 30-32 substructure or the cost of
P22   1constructing maritime or public access improvements on Pier
230-32.end insert

3begin insert

begin insertSEC. 15.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
4is necessary and that a general law cannot be made applicable
5within the meaning of Section 16 of Article IV of the California
6Constitution because of the unique circumstances applicable only
7to the trust lands described in this act.

end insert
begin delete
8

SECTION 1.  

It is the intent of the Legislature to enact
9subsequent legislation that would promote economic growth and
10create jobs in California.

end delete


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