Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 729

Introduced by Assembly Member Atkins

February 25, 2015

An act to begin delete amend Section 5.5 of end delete begin insert add Section 5.7 to end insert the San Diego Unified Port District Act (Chapter 67 of begin insert the First Extraordinary Session of end insert the Statutes of begin delete 1962, First Extraordinary Session), end delete begin insert 1962), end insert relating to the San Diego Unified Port begin delete District. end delete begin insert District, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 729, as amended, Atkins. San Diego Unified Port District: territory held in trust.

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert law authorizes the establishment of the San Diego Unified Port District for the acquisition, construction, maintenance, operation, development, and regulation of harbor works and improvements for the harbor of San Diego and for the promotion of commerce, navigation, fisheries, and recreation. Existing law specifies the territory to be included in the district and grants and conveys in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California acquired by the state pursuant to specified deeds. begin insert Existing law requires the State Lands Commission to manage specified public lands in the state, including tidelands and submerged lands. Existing law further establishes the Land Bank Fund in the State Treasury, and continuously appropriates moneys in the fund to the commission for expenditure for specified purposes related to land management, the preservation of open space, habitat for plants and animals, and public access. end insert

This bill would begin delete make nonsubstantive changes in those provisions pertaining to the territory held in trust by the San Diego Unified Port District. end delete begin insert grant in trust to the district certain additional tidelands and submerged lands held by the state within the San Diego Bay, subject to certain terms and conditions, as prescribed. The bill would require the district, by June 30, 2017, and at the end of every fiscal year thereafter, to transfer to the State Lands Commission specified amounts of the revenues generated on those granted tidelands and submerged lands, and would require the commission to allocate those revenues to the Treasurer for deposit in the General Fund and the Land Bank Fund for management of the commission’s granted lands program. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation. The bill would require the commission, on or before July 1, 2019, to survey, monument, plat, and record or file with the Office of the County Recorder of the County of San Diego the area of tidelands and submerged lands granted pursuant to the bill. By imposing new duties on the district with regard to the management of, and accounting and transfer of funds from, those granted lands, the bill would impose a state-mandated local program. end insert

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert It is the intent of the Legislature that this act shall
not affect any existing responsibility of the state or the San Diego
Unified Port District for any pollution or contamination that may
exist in the territory granted to the district pursuant to this act, at
the time of the grant end insert begin insert . end insert

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begin insert SEC. 2. end insert   

end insert

begin insert Section 5.7 is added to the end insert begin insert San Diego Unified Port
District Act end insert begin insert (Chapter 67 of the First Extraordinary Session of the
Statutes of 1962), to read: end insert

begin insert

begin insert Sec. 5.7. end insert   

(a) There is hereby granted in trust to the district all
the right, title, and interest of the State of California, held by the
state by virtue of its sovereignty, in and to all those remaining
tidelands and submerged lands not previously granted, whether
filled or unfilled, within the San Diego Bay.

(b) The district shall own, operate, and manage the public trust
lands granted pursuant to subdivision (a) in accordance with the
same terms, trusts, and conditions as the tide and submerged lands
otherwise granted under this act.

(c) (1) (A) (i) By June 30, 2017, the district shall transfer to
the State Lands Commission the initial sum of two hundred
thirty-four thousand five hundred thirty-eight dollars ($234,538)
from the revenues generated on the lands granted pursuant to
subdivision (a). This initial amount is based on the estimated gross
annual revenues generated, as of June 30, 2017, from the lands
granted pursuant to subdivision (a).

(ii) By June 30, 2018, and at the end of each fiscal year
thereafter, the initial sum required to be transferred pursuant to
clause (i) shall be adjusted according to the change in the
Consumer Price Index, and that adjusted amount shall be
transferred to the State Lands Commission.

(B) If the gross annual revenues generated by the lands granted
pursuant to subdivision (a) exceed the amount required to be
transferred to the commission pursuant to subparagraph (A), the
district shall, in addition, transfer to the State Lands Commission
20 percent of the total amount of the excess annual gross revenues.

(C) Notwithstanding subparagraph (B), the State Lands
Commission may, at its discretion and at a properly noticed public
meeting, enter into different revenue sharing agreements, upon
proposal by the district, if it finds that the agreement will provide
a significant benefit to the public trust and is in the best interests
of the state.

(2) Upon receipt of the moneys pursuant to paragraph (1), the
State Lands Commission shall allocate 80 percent to the Treasurer
for deposit in the General Fund, and 20 percent to the Treasurer
for deposit in the Land Bank Fund for expenditure, pursuant to
Division 7 (commencing with Section 8600) of the Public Resources
Code, for management of the commission’s granted lands program.

(d) On or before July 1, 2019, the State Lands Commission shall
survey, monument, plat, and record or file with the Office of the
County Recorder of the County of San Diego the area of tidelands
and submerged lands granted to the district pursuant to subdivision
(a). The district shall reimburse the State Lands Commission for
its surveying expenses and shall pay all costs of the survey and
recordation.

(e) The requirements of Section 6359 of the Public Resources
Code do not apply to the trust lands granted pursuant to this
section.

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begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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SECTION 1.  

Section 5.5 of the San Diego Unified Port District
Act (Chapter 67 of the Statutes of 1962, First Extraordinary
Session), is amended to read:

SEC. 5.5.  

(a) There is hereby granted and conveyed in trust
to the San Diego Unified Port District in the County of San Diego
all the right, title, and interest of the State of California, except as
hereafter reserved and upon those conditions that are specified in
subdivision (c), acquired and held by the state pursuant to an
agreement and deeds identified as Documents Number 1999
0845732, 1999 0845736, and 1999 0845737, recorded December
30, 1999, Official Records, San Diego County, and that are further
described as follows:

(1) Parcel No. 1, which consists of that portion of the southwest
quarter of the southwest quarter of quarter Section 163 and that
portion of the northwest quarter of the northwest quarter of quarter
Section 164 of Rancho De La Nacion in the City of Chula Vista,
County of San Diego, State of California, according to map thereof
no. 166 filed in the Office of the County Recorder of San Diego
County May 11, 1869, and all of lots 7, 8, 9, 10, and 11 and those
portions of lots 1, 2, 3, 4, 5, 6, 12, 13, 14, and 15 in block “B” of
resubdivision of Bay Villa Tract, according to map thereof no.
1198, filed in the Office of the County Recorder of San Diego
County August 6, 1909. Together with those portions of Walnut
Street adjoining said block “B” on the west and the alley lying
within said block “B” and that portion of “I” Street lying within
said quarter Sections 163 and 164 as vacated and closed to public
use by resolution of the City Council of the City of Chula Vista
recorded August 12, 1971, as file no. 179188 of official records
described as a whole as follows:

Beginning at a point on the southerly line of said quarter Section
163, distance thereon 20.00 feet easterly from the southwest corner
thereof; thence north 17°46´58ȳ west on a line 20.00 feet easterly
from and parallel with the westerly line of said quarter Section
163, a distance of 1282.11 feet to a point on the southerly line of
“H” Street as shown on said map no. 1198; thence along said
southerly line north 72°12´15ȳ east 19.89 feet to a point on the
westerly line of that land conveyed to the State of California
(Caltrans) by deed recorded August 1, 1968, as file no. 130106 of
official records; thence along the westerly boundary of said
Caltrans land the following seven courses: (1) south 17°48´37ȳ
east 5.95 feet; (2) north 74°58´17ȳ east 188.10 feet to the beginning
of a tangent 45.00 foot radius curve concave southwesterly; (3)
southeasterly along the arc of said curve through a central angle
of 73°18´01ȳ a distance of 57.57 feet; (4) tangent to said curve
south 31°43´55ȳ east 181.34 feet; (5) south 26°51´03ȳ east 342.59
feet to the beginning of a tangent 1669.99 foot radius curve concave
westerly; (6) southerly along the arc of said curve through a central
angle of 14°20´28ȳ a distance of 418.00 feet; and (7) south
12°30´35ȳ east 303.54 feet to the centerline of “I” Street as closed
and vacated; thence along said centerline south 72°15´16ȳ west
332.90 feet to the point of beginning.

(2) Parcel No. 2, which consists of those portions of fractional
quarter Section 170 and 171 of the Rancho De La Nacion in the
City of Chula Vista, in the County of San Diego, State of
California, according to map thereof by Morrill, filed as map no.
166 filed in the Office of the County Recorder of San Diego
County, bounded and described, as follows:

Commencing at the Northeast corner of said fractional quarter
Section 171; thence south 17°54´28ȳ east along the easterly line
of said fractional quarter section, 1270.95 feet to a point on a line
nine feet parallel to and northerly of the westerly prolongation of
the northerly line of “H” Street as said street is shown on the map
of Bay Villa Tract, according to map thereof no. 1198, on file in
the Office of the County Recorder of San Diego County; thence
south 72°12´00ȳ west along said parallel line, a distance of 170.00
feet to the true point of beginning of this description; thence
parallel with and distant 170.00 feet westerly from the easterly
line of said fractional quarter sections, the following three courses
and distances: (1) south 17°54´28ȳ east 49.14 feet; (2) south
17°47´12ȳ east 1321.96 feet; and (3) south 17°50´01ȳ east 1283.10
feet to a point in the westerly prolongation of the northerly line of
“J” Street, as shown on record of survey no. 917 on file in the
Office of the County Recorder of San Diego County; thence along
said westerly prolongation south 72°04´39ȳ west 593.24 feet to a
point on the ordinary high water mark of San Diego Bay, as said
ordinary high water mark was fixed and established by that
agreement recorded June 22, 1953, in book 4897, page 408, of
official records, San Diego County and as shown on miscellaneous
map no. 217 on file in the Office of the County Recorder of San
Diego County; thence along said ordinary high water mark the
following eight courses and distances: (1) north 07°04´12ȳ west
491.51 feet to station 117; (2) north 04°01´57ȳ west 568.80 feet to
station 116; (3) north 14°12´27ȳ west 489.77 feet to station 115;
(4) north 22°26´52ȳ west 184.97 feet to station 114; (5) north
57°45´31ȳ west 230.80 feet to station 113; (6) north 20°56´53ȳ west
453.58 feet to station 112; (7) north 24°18´00ȳ west 233.28 feet to
station 111; and (8) north 30°20´10ȳ west 87.43 feet to a point on
a line nine feet parallel to and northerly of the westerly
prolongation of the northerly line of “H” Street as described; thence
along said parallel line north 72°12´00ȳ east 568.65 feet to the true
point of beginning.

(b) The lease of the lands that are described in subdivision (a),
designated No. PRC 8121, from the State Lands Commission to
the district shall terminate on January 1, 2001.

(c) The district shall own, operate, and manage the public trust
lands described in subdivision (a) in accordance with the same
terms, trusts, and conditions as the tide and submerged lands
granted to it and held pursuant to Chapter 67 of the Statutes of
1962 of the First Extraordinary Session, as amended.

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