BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1273
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           Date of Hearing:  April 15, 2013

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                     AB 1273 (Ting) - As Amended:  March 21, 2013
           
          SUBJECT  :  Tidelands and submerged lands:  City and County of San  
          Francisco:  Pier 30-32: multipurpose venue

           SUMMARY  :  Authorizes the San Francisco Port Commission (Port) to  
          approve a multi-use development on public trust lands (Pier  
          30-32) that includes a multipurpose venues (for Golden State  
          Warriors basketball games, at least three public trust  
          consistent events a year, and other events), if the Port finds  
          that certain specified conditions are met.

           EXISTING LAW  :  

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

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

          3)Grants, in trust, state public trust lands to over 80 local  
            public agencies to be managed for the benefit of all the  
            people of the state and pursuant to the Public Trust Doctrine  
            and terms of the applicable granting statutes. 

          4)Pursuant to the Burton Act, grants to the Port, in trust, the  
            public trust lands in the harbor of San Francisco for purposes  
            of commerce, navigation, and fisheries and subject to other  
            terms and conditions specified in the act.

          5)Pursuant to Chapter 489 of the Statutes of 2001 (AB 1389,  








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            Shelley) and Chapter 68 of the Statutes of 2003 (AB 605, Yee),  
            authorizes the Port to approve a cruise ship terminal  
            development on the San Francisco waterfront at Pier 30-32,  
            which would include general office and retail use.

          6)Pursuant to Chapter 477 of the Statutes of 2011(AB 418,  
            Ammiano), frees the public trust restrictions from Seawall Lot  
            330 (which is across the Embarcadero from Pier 30-32) and  
            authorizes the transfer of the property to a private party  
            subject to specified conditions.

          7)Pursuant to the McAteer-Petris Act, establishes the  
            jurisdiction of the San Francisco Bay Conservation and  
            Development Commission (BCDC) to include, among other things,  
            the San Francisco Bay and a shoreline band consisting of all  
            territory located between the shoreline of San Francisco Bay  
            and a line 100 feet landward of and parallel with that line.

           THIS BILL  :

          1)Makes several findings and declarations.

          2)Amends Chapter 489 of the Statutes of 2001 and Chapter 68 of  
            the Statutes of 2003 to delete the provisions related to the  
            cruise terminal (which was never developed at the Pier 30-32  
            site) and authorize the Port to approve a development on the  
            San Francisco waterfront at Pier 30-32, that includes a  
            multipurpose venues (i.e. the Golden State Warriors'  
            basketball arena), if the Port finds that all of the following  
            conditions are met:

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

             b)   The development includes a public access component that  
               meets the requirements of a plan adopted by the Port and  
               BCDC and the San Francisco Bay Plan, provides new public  
               vantage points on the north, east, and south sides of Pier  








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               30-32 from which to view San Francisco Bay, and provides  
               continuous public access around the entire perimeter of  
               Pier 30-32 (configured as necessary to accommodate use by  
               the fire boat station, berths, or other maritime uses on  
               the pier edge, to the extent each of those uses is  
               incorporated into the development) and between Pier 30-32  
               and the Brannan Street Wharf.

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

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

               i)     A city fire station and berthing facilities for city  
                 fire boats.

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

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

               iv)    Guest berths that accommodate private vessels for  
                 day use.

               v)     Water-based transit facilities, including water taxi  
                 and ferry landings.

               vi)    Use of the south edge of Pier 30-32 by recreational  
                 craft or other maritime uses or for public access or  
                 public water-oriented recreational uses facing the  
                 Brannan Street Wharf open water basin.

               vii)   Any nonmaritime office space provided on Pier 30-32  
                 is for use by the primary tenants of the multipurpose  
                 venue, or is ancillary to the use of the multipurpose  
                 venue, the retail uses on Pier 30-32, the operation and  
                 management of the open space, and other public facilities  








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                 on Pier 30-32.

               viii)  At least half of all retail on Pier 30-32 is trust  
                 retail (i.e. visitor serving public trust retail and  
                 restaurant use).

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

          3)Provides a 60 day statute of limitations to challenge the  
            validity of an approval, deed, patent, agreement, or other  
            instrument executed in furtherance of this act.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :

           1)Purpose of the Bill.   The primary purpose of this bill is to  
            have the Legislature authorize a mix-use development project,  
            which, among other things, includes a multipurpose venue (i.e.  
            the Golden State Warriors' basketball arena) and on a pier  
            built on tide and submerged lands (i.e. public trust lands)  
            located in San Francisco.   The bill asserts that the project  
            is consistent with the common law public trust.  The challenge  
            with this assertion is that the common law Public Trust  
            Doctrine, as interpreted by the U.S. Supreme Court, places  
            limitations on the Legislature's authority to use trust lands  
            for nontrust purposes.  A basketball arena, which is a major  
            feature of the project, is not a traditional public trust  
            use-it does not involve water related commerce, navigation, or  
            fishing.  However, there are examples of nontrust uses on  
            public trust lands that have been deemed legitimate by the  
            courts because they are incidental to and accommodate other  
            trust uses.  Additionally, the courts have recognized that the  
            public trust doctrine is flexible to address changing public  
            needs related to public trust lands.  This analysis explains  
            (1) the history and nuances of public trust doctrine, (2) the  
            details of the basketball arena and Pier 30-32 project, and  
            (3) suggested amendments that will help support the claim that  
            the project is valid under the Public Trust Doctrine.









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           2)The Public Trust Doctrine and Trust Uses.  As stated above, the  
            Public Trust Doctrine in California is a common law doctrine  
            that protects the public's right to use the state's waterways  
            for commerce, navigation, fishing, boating, natural habitat  
            protection, and other water oriented activities.  This  
            doctrine applies to filled and unfilled tide and submerged  
            lands and the beds of lakes, streams, and other navigable  
            waterways, otherwise known as public trust lands.  
             
             The origins of the Public Trust Doctrine are in ancient Roman  
            law, which held that "by the law of nature these things are  
            common to mankind - the air, running water, the sea and  
            consequently the shores of the sea."  From this, the English  
            common law evolved the concept of the public trust, under  
            which the king, in his sovereign capacity, owns all of the  
            navigable waterways and the lands lying beneath them "as  
            trustee of a public trust for the benefit of the people."   
            According to the U.S. Supreme Court in 1842, "[w]hen the  
            American Revolution took place, the people of each state  
            became themselves sovereign; and in that character held the  
            absolute right to all their navigable waters, and the soils  
            under them, for their own common use..."  Under the equal  
            footing doctrine of the U.S. Constitution, states admitted to  
            the Union after the Revolution were entitled to the lands  
            beneath their navigable waters subject to the same trust,  
            irrespective of the ownership of the adjacent lands.  As such,  
            when California joined the Union on September 9, 1850, it  
            acquired in trust for the benefit of the people of California,  
            all tide and submerged lands and the beds of lakes, streams,  
            and other navigable waterways located within its boundaries.  

             As articulated by the U.S. Supreme Court in 1892, public trust  
            lands are held "in trust for the people of the state, [so]  
            that they may enjoy the navigation of the waters, carry on  
            commerce over them, and have liberty of fishing therein, freed  
            from the obstruction or interference of private parties."   
            (These uses are commonly referred to as "traditional public  
            trust uses.")  Subsequent state court cases held that theses  
            traditional public trust uses include the right to fish, hunt,  
            bathe, swim, to use for boating and general recreation  
            purposes the navigable waters of the state, and to use the  
            bottom of navigable waters for anchoring, standing, or other  
            purposes.    

             As public needs related to the waterways changed, so did the  








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            court's interpretation of valid public trust uses.  This was  
            made clear in 1971, when the Supreme Court of California held  
            that "[t]he public uses to which tidelands are subject are  
            sufficiently flexible to encompass changing public needs.  In  
            administering the trust the state is not burdened with an  
            outmoded classification favoring one mode of utilization over  
            another.  There is a growing public recognition that one of  
            the most important public uses of tidelands - a use  
            encompassed within the tidelands trust - is the preservation  
            of those lands in their natural state, so that they may serve  
            as ecological units for scientific study, as open space, and  
            as environments which provide food and habitat for birds and  
            marine life, and which favorably affect scenery and climate of  
            the area."   

             In addition to recognizing the flexibility of the Public Trust  
            Doctrine, the courts have upheld projects devoted to purposes  
            unrelated to the trust when such purposes were incidental to  
            and accommodated actual trust uses.  These projects include  
            (1) a convention and banquet building on Port of Oakland lands  
            that gives trade, shipping, and commercial associations a  
            place to meet or hold conventions and exhibitions, (2) a  
            Y.M.C.A. for the use of "seaman, naval officers and enlisted  
            men, and other persons engaged in and about the harbor and  
            commerce, fishery, and navigation," and (3) a restaurant, bar,  
            motel, swimming pool, shops, and a parking area catering to,  
            and serving, yachtsmen, boat owners and others using the  
            waters adjacent thereto.

            In another line of cases, the courts have struck down  
            legislative actions that authorized the use of public trust  
            assets for municipal purposes.  The courts have held that  
            since public trust assets are held in trust for the benefit of  
            the people of the state, it is not appropriate to dedicate  
            these assets to municipal purposes unconnected with the  
            general purposes of the trust.

            Considering the land use restrictions of the Public Trust  
            Doctrine and the limitations the courts have placed on the  
            Legislature regarding this issue, the committee should  
            seriously consider the details of the basketball arena and  
            Pier 30-32 project to determine if it is a legal use of public  
            trust lands.  Without such consideration, the Legislature  
            could be authorizing a project that will be struck down by a  
            court.








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           3)Details of the Project.  

            The project proposed in this bill includes two related  
            components on separate Port parcels:  Piers 30-32 and Sewall  
            Lot 330.  These parcels are located along the San Francisco  
            waterfront between the Bay Bridge and AT&T Park.

            Pier 30-32 consists of an approximately 553,778-square foot  
            (about 13 acres) pile-supported structure along The  
            Embarcadero roadway.  The Pier 30-32 platform consists of  
            obsolete, pile-supported pier structures that are physically  
            no longer capable of serving most trust-related purposes  
            without substantial modification and repair.  Preserving the  
            pier requires a substantial capital investment to improve the  
            piles and decking to modern seismic standards.  

            According to a feasibility study prepared for the City and  
            County of San Francisco, the proposed project will involve the  
            Golden State Warriors rehabilitating Piers 30-32 and  
            constructing a new privately financed, state-of-the art  
            multi-purpose venue with seating for 17,000 to 19,000 persons,  
            capable of being used as an event venue and for other public  
            assembly uses, including conventions, Warriors' home games,  
            performing arts, and other purposes, along with public open  
            space (at least 50 percent of Piers 30-32), waterfront access  
            improvements, parking facilities (630 parking spaces),  
            visitor-serving retail and restaurants (105,000 square feet),  
            maritime access, and other related uses.  The Golden State  
            Warriors also plan to build a team practice facility (21,000  
            square feet), plus a community room (10,000 square feet) and  
            event management and team operations space (40,000 square  
            feet) on Piers 30-32.  The Warriors will finance and build  
            these improvements under a fair market rent ground lease from  
            the Port, and complete them by the fall 2017.

            In addition, the bill imposes conditions on the project, which  
            require all of the following features:

                       Views of the Bay Bridge, the San Francisco Bay, or  
                  both, from concourses located in various areas of the  
                  multi-purpose venue and from certain seating areas;

                       Free public access to patrons and nonpatrons to  
                  portions of the venue from which the public can view the  








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                  San Francisco Bay;

                       A public access component for the pier that meets  
                  BCDC's requirements;

                       New public vantage points on various locations of  
                  the pier from which to view the San Francisco Bay;

                       Continuous public access around the entire  
                  perimeter of the pier (configured as necessary to  
                  accommodate use by the fire boat station, berths, or  
                  other maritime uses on the pier edge, to the extent each  
                  of those uses is incorporated into the development);

                       Continuous public access between the pier and the  
                  Brannan Street Wharf, which will be a new 57,000 square  
                  foot public park over the water and parallel to the  
                  Embarcadero Promenade between Pier 30-32 and Pier 38;

                       A significant maritime program that provides for  
                  maritime uses along the north and east edges of Pier  
                  30-32, which uses may include the following:

                     o            A city fire station and berthing  
                       facilities for city fire boats;

                     o            Berthing facilities, including  
                       facilities that can accommodate periodic use by  
                       cruise or other deep draft vessels;

                     o            Direct public access to the water in the  
                       form of a launch for human-powered vessels, subject  
                       to feasibility and public safety considerations;

                     o            Guest berths that accommodate private  
                       vessels for day use;

                     o            Water-based transit facilities,  
                       including water taxi and ferry landings; and/or

                     o            Use by recreational craft or other  
                       maritime uses or for public access or public  
                       water-oriented recreational uses facing the Brannan  
                       Street Wharf open water basin.









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                       Any nonmaritime office space provided on Pier  
                  30-32 is for use by the primary tenants of the  
                  multipurpose venue, or is ancillary to the use of the  
                  multipurpose venue, the retail uses on Pier 30-32, the  
                  operation and management of the open space, and other  
                  public facilities on Pier 30-32;

                       At least half of all retail on Pier 30-32 is trust  
                  retail (i.e. visitor serving public trust retail and  
                  restaurant use); and

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

            Sewall Lot 330, which is across the Embarcadero roadway from  
            Piers 30-32, is approximately 101,330 square feet (about 2.3  
            acres) of filled tidelands.  In 2011, AB 418 (Ammiano)  
            terminated the public trust use restrictions from Seawall Lot  
            330, declaring that the parcel is not necessary for public  
            trust purposes. 

            As part of the project, the Golden State Warriors will  
            construct improvements on the undeveloped portion of Seawall  
            Lot 330.  The Port will convey fee title to Seawall Lot 330 to  
            the Warriors for fair market value consideration if certain  
            conditions are met; otherwise, the Port will enter into a 75  
            year ground lease with the Warriors for the appraised fair  
            market rent consideration for that site.   The Warriors'  
            preliminary plans for this parcel include retail (33,000 to  
            34,000 square feet), parking (200 to 300 spaces), residential  
            units (100 to 130 units), and a hotel (200 to 250 rooms).  

           1)Suggested Amendments.   The Port, the City and County of San  
            Francisco, the Golden State Warriors, the Commission's staff,  
            BCDC's staff, and, most recently, committee staff, have spent  
            countless hours negotiating the terms of this bill.  Special  
            attention has been placed on making this project consistent  
            with the Public Trust Doctrine and to maximize public access  
            to and public views of the San Francisco waterfront and the  
            Bay.   In addition to technical , clean up amendments, the  
            author and the committee may wish to consider the following  








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            amendments, which will help support the claim that the project  
            is valid under the Public Trust Doctrine and maximizes public  
            access and public views:
           
                  Conditions on the Project.   Amend "Section 6" of the  
               bill to state the following:  
                
               The Legislature, in the exercise of its retained power as  
               trustee of the public trust and in view of the unique  
               circumstances existing at Pier 30-32 on the San Francisco  
               waterfront and the considerable statewide public benefit  
               and promotion of the public trust that will be brought  
               about by the preservation, improvement and modernization of  
               the pier, construction of a new multipurpose venue for  
               events and public assembly, establishment of maritime uses,  
                improved public access, public use and enjoyment of the  
               site, establishment of venue-supporting or trust retail  
               uses on the site, and additional public trust benefits,  
               hereby authorizes the Port to approve a mixed-use  
               development on the San Francisco waterfront at Pier 30-32  
               that includes a multipurpose venue for events and public  
               assembly if the Port finds that  the following conditions  
                                                                                        are met:    

               (a)       The mixed-use development is designed to attract  
               people to the waterfront, increase public enjoyment of the  
               San Francisco Bay, encourage public trust activities and  
               enhance public use of trust assets and resources on the  
               waterfront.

               (b)       The mixed-use development is designed to provide  
               multiple significant views of the Bay Bridge and the San  
               Francisco Bay from a variety of elevations and vantage  
               points, including significant views of the Bay Bridge and  
               the San Francisco Bay from the interior concourses of the  
               multipurpose venue and views of the Bay Bridge from certain  
               seating areas within the multipurpose venue.  The  
               multipurpose venue facility is located to minimize  
               interference with public views of San Francisco Bay to the  
               extent feasible.  The multipurpose venue facility shall  
               provide free public access to patrons and nonpatrons alike  
               to exterior portions of the building from which the public  
               can view the San Francisco Bay, subject to reasonable  
               limitations based on security.   In addition,  to encourage  
               the public to come to the bay's edge, the design of the  








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               multipurpose venue shall provide significant free public  
               views of the inside of the multipurpose venue from the  
               outside , and the operator of the multipurpose venue shall  
               be required to allow the public to view the inside of the  
               multipurpose venue from the outside during events whenever  
               feasible.   

               (c)  The mixed-use development is designed to achieve and  
               enhance maximum feasible public access to and minimum fill  
               in the bay in a manner that is consistent, as determined by  
               BCDC in its separate permit process, with the Special Area  
               Plan, the McAteer-Petris Act, and the Bay Plan.

               (d)       The mixed-use development includes significant  
               public plazas open to the public on a substantially  
               permanent basis that can be accessed via public pedestrian  
               promenades at the site that encourage public use of the  
               site and provide a variety of views of the San Francisco  
               Bay and the San Francisco cityscape. 

               (e)        The mixed-use development includes continuous  
               public access around the perimeter of Pier 30-32 open to  
               the public year round, with limited exceptions for  
               temporary safety-, security- and maritime-based  
               interruptions, and includes an interpretive program to  
               enhance the public's enjoyment of the site. 

               (f)       The mixed-use development includes a significant  
               and appropriate maritime program, which shall be consistent  
               with the Special Area Plan and shall include, but is not  
               limited to:      

                    (1)  A city fire station and berthing facilities for  
                    city fire boats or, in lieu thereof, one or more other  
                    maritime uses on the north side of Pier 30-32; 

                    (2)  Facilities for berthing at the east end of Pier  
                    30-32, including facilities that can accommodate  
                    periodic use by cruise or other deep draft vessels, or  
                    other facilities that promote the deep water berth at  
                    Pier 30-32;

                    (3)  Facilities to enable direct public access to the  
                    water by human-powered vessels or swimmers, if  
                    feasible, on the south side of Pier 30-32, or  








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                    water-oriented recreational uses facing the Brannan  
                    Street Wharf open water basin; and

                    (4)  Water- transit docking or berthing facilities,  
               for water taxis and/or ferries.

               (g)  Any non-maritime office space on Pier 30-32 is limited  
               to 70,000 square feet, and any non-maritime office space  
               provided on Pier 30-32 is for use only by the primary  
               tenants of the multipurpose venue for events and public  
               assembly, the  venue-supporting or trust retail uses on  
               Pier 30-32, and the operation and management of the open  
               space and other public facilities on Pier 30-32. 

               (h)  All retail venues on Pier 30-32 are limited to  
               venue-supporting or trust retail uses. 

               (i)  Any parking included on Pier 30-32 is limited to 500  
               spaces, located under active uses on Pier 30-32,  
               substantially screened from public view,  and designed so  
               that ingress and egress avoids material interference with  
               pedestrian, wheelchair, and bicycle traffic along Herb Caen  
               Way and material interference with the public's access to  
               and use of the open space on the surface of the pier.  
               Parking shall be designed to accommodate visitors to the  
               site and shall not be reserved for residential use.  

               (j) Public trust consistent events, uses and programming  
               are offered regularly at the site of the mixed-use  
               development.  There shall be at least thirteen such events  
               offered per year.  These events shall include free and  
               low-cost visitor-serving events.  
                The operator of the multipurpose venue shall be required  
               to make available  the multipurpose venue for such events  
               on at least three days per year.

               (k) A public community room is available at the site for  
               free or low cost use by  members of the public statewide,  
               without preference to local residents or organizations. 

               (l) The development of the site is required to be  
               consistent with a plan  to address anticipated sea-level  
               rise through year 2050, which will include enforceable  
               strategies incorporating an adaptive management approach to  
               sea-level rise for the duration of the ground lease term. 








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               (m)  The development approved for Seawall Lot 330 includes  
               a hotel or other substantial visitor-serving uses that the  
               Port finds is beneficial to accommodate and enhance public  
               trust uses on Pier 30-32 and the San Francisco waterfront.

                  State Lands Commission Oversight.   Add a new section to  
               the bill that states the following:  
                
               (a)  If a multipurpose venue for events and public assembly  
               is approved and constructed on Pier 30-32, the Port shall  
               submit and present at a properly noticed public Commission  
               meeting a trust program report to the Commission on the  
               fifth anniversary of the opening of the multipurpose venue,  
               and every five years after through the term of the ground  
               lease for the multipurpose venue, that contains all of the  
               following information:

                    (1)  A list and description of the trust-related  
                    events and programming that have occurred at the site  
                    of the mixed-use development and in the multipurpose  
                    venue over the preceding five-year period, including  
                    the dates on which the events occurred or the  
                    multipurpose venue was made available for such events,  
                    and identifying any free and low-cost visitor serving  
                    events.
                    (2)  A description of the efforts made by the Port,  
                    its tenant, and subtenants to publicize the  
                    availability of Pier 30-32 including the multipurpose  
                    venue for trust-related events and other efforts  
                    undertaken to solicit such events.
                         
                    (3)  A description of the maritime program on those  
                    portions of Pier 30-32 within the purview of the Port  
                    or the City, including a list of the facilities  
                    constructed, identification of any tenants, licensees  
                    or other operators of the maritime facilities, and a  
                    description of the nature and frequency of the  
                    maritime use.

                    (4)  A description of the tenants and use of the  
                    non-maritime office and the use of the  public  
                    community room on Pier 30-32.
                         
                    (5)  Any other information specifically requested by  








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                    the State Lands Commission that pertains to the City  
                    or Port program of trust uses for Pier 30-32 and that  
                    is reasonably obtainable by the City or Port.

               (b)  If, following receipt of a trust program report  
               required in subdivision (a), the executive officer of the  
               State Lands Commission determines (1) that Pier 30-32 is  
               not being used for at least thirteen trust-related events  
               annually at that site as a whole or fewer than three such  
               trust related events annually at the multipurpose venue as  
               provided in section 5(j) of this chapter, or that the City  
               or the Port has not implemented the maritime program for  
               Pier 30-32 for its intended purposes as provided in Section  
               5(f) of this chapter, and (2) that the City or the Port, as  
               applicable, has not taken effective action to achieve the  
               objectives specified in the preceding clause (1), then the  
               executive officer shall provide written notice of that  
               determination to the City and the Port, including the basis  
               for its determination, and the Port and, if applicable, the  
               City, shall work cooperatively with State Lands Commission  
               executive officer to jointly develop an implementation plan  
               to ensure the objectives of clause (1) are met for the next  
               five year reporting period, provided that such plan must be  
               consistent with the terms and conditions set forth in  
               governmental approvals for development of the project and  
               in then existing leases and other contracts affecting use  
               of the site, including rights of leasehold mortgagees under  
               those contracts.  Subject to the foregoing, the  
               implementation plan may include, without limitation, a plan  
               for improving outreach, publicity, or marketing efforts for  
               trust events or to attract maritime operators or users.

               (c)  In conjunction with the Port's report required in  
               subdivision (a), the tenant of the multipurpose venue shall  
               submit and if requested by State Lands Commission's  
               executive officer present at a properly noticed public  
               Commission meeting an informational report to the State  
               Lands Commission describing how the event program at the  
               multipurpose venue is meeting the objectives for use of  
               that venue set forth in subdivision (b) of Section 6 of  
               this act.  

                  Further Clarifying and Strengthening BCDC's Authority.    
               Amend "Section 7" of the bill to state the following:  
           








                                                                  AB 1273
                                                                  Page 15

               Any legislative or regulatory requirement for findings of  
               consistency with the public trust doctrine or the Burton  
               Act trust under the Special Area Plan, the Bay Plan, or any  
               other applicable statute, regulation, or plan shall be  
               deemed satisfied if the Port has made a finding that the  
               Pier 30-32 development is consistent with the requirements  
               of Section 5 of this act. Except with respect to a finding  
               of consistency with the public trust doctrine, nothing in  
               this act is intended to limit the authority and discretion  
               of BCDC to approve or deny permits for the multi-use  
               development on Pier 30-32 generally described in this act  
               in a manner consistent with the McAteer-Petris Act, the Bay  
               Plan, and the Special Area Plan, including the authority  
               and discretion of BCDC to impose conditions on the permits  
               for the project.  This act  shall not limit the authority  
               and discretion of BCDC to enforce permits issued for the  
               projects described in this act.

                  Sunset Provision.   Add a new section to the bill to  
               state the following:

               If a mixed-use development at Pier 30-32 that includes a  
               multipurpose venue for events and public assembly meeting  
               the conditions of Section 5 hereof has not been approved  
               within ten (10) years from the effective date of this act,  
               the provisions of Section 5 and Section 7 hereof shall  
               become inoperable as of the date that is ten (10) years  
               from the effective date of this act.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          City and County of San Francisco (sponsor)
          A Philip Randolph Institute, San Francisco
          A Philip Randolph Institute, Western Region
          Asbestos, Lead and Old Laborers, Local Union No. 67
          Boys and Girls Clubs of San Francisco
          Bricklayers and Allied Craftworkers Local 3, California
          Brightline Defense Project
          Building Owners and Managers Association of San Francisco
          California Labor Federation
          California State Association of Electrical Workers
          California State Council of Laborers
          California State Pipe Trades Council








                                                                  AB 1273
                                                                  Page 16

          CAL Insurance & Associates, Inc.
          Charity Cultural Services Center
          Golden State Warriors
          Hotel Council of San Francisco
          International Brotherhood of Electrical Workers, Local Union 6
          International Union of Operating Engineers, Local Union No. 3
          Laborers' International Union of North America, Local Union No.  
          261
          Mission Hiring Hall
          San Francisco Chamber of Commerce
          San Francisco Citizens Initiative for Technology & Innovation
          San Francisco Deputy Sheriff's Foundation
          San Francisco Fire Department
          San Francisco Travel Association
          Sign Display and Allied Crafts, Local Union No, 510
          State Building and Construction Trades Council of California
          Sustainable Futures
          United Association of Journeymen and Apprentices of the Plumbing  
          and Pipe Fitting Industry
          United Brotherhood of Carpenters and Joiners of America, Local  
          Union 22
          Western States Council of Sheet Metal Workers
          Young Community Developers, Inc.
          7 Individuals

           Opposition 
           
          San Francisco BayKeeper
          San Francisco Tomorrow
          Save the Bay
          Sierra Club California
           

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