Amended in Assembly July 16, 2015

Amended in Assembly June 25, 2015

Senate Bill No. 399

Introduced by Senator Hall

February 25, 2015

An act to amend Section 1 of Chapter 651 of the Statutes of 1929, relating to tidelands and submerged lands.

LEGISLATIVE COUNSEL’S DIGEST

SB 399, as amended, Hall. Tidelands and submerged lands: City of Los Angeles.

Existing law grants to the City of Los Angeles all the right, title, and interest of the State of California in and to all tidelands and submerged lands situated below the line of mean high tide of the Pacific Ocean within the boundaries of the city in trust for certain purposes, including promotion of commerce, navigation, and fishery, and for certain specific uses relating to these purposes. Existing law authorizes the City of Los Angeles to grant franchises and permits on, and leases of, those lands, or any part thereof, for specified purposes and for a term not exceeding 50 years.

This bill would authorize the City of Los Angeles to renew a franchise or permit on, or lease of, those lands for those specified purposes for an additional begin delete such term or terms end delete begin insert term, not to exceed 25 years end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 1 of Chapter 651 of the Statutes of 1929,
as amended by Section 1 of Chapter 1130 of the Statutes of 2002,
is amended to read:

Sec. 1.  

There is hereby granted to the City of Los Angeles,
hereinafter called “city,” a municipal corporation of the State of
California, and to its successors, all the right, title, and interest of
the State of California, held by the state by virtue of its sovereignty,
in and to all tidelands and submerged lands, whether filled or
unfilled, situated below the line of mean high tide of the Pacific
Ocean, within the present boundaries of the city, or of any harbor,
estuary, bay, or inlet within those boundaries, except as hereinafter
provided, to be forever held by the city, and by its successors, in
trust for the following uses and purposes, and upon the following
conditions:

(a) The lands shall be held by the city, and by its successors, in
accordance with the provisions of this act, for purposes in
connection with, or for the promotion and accommodation of,
commerce, navigation, and fishery, and for those purposes specified
in Section 3 of this act.

(b) Except as otherwise provided in this act, the city, or its
successors, shall not grant, convey, give, or alienate the lands, or
any part thereof, to any individual firm or corporation for any
purpose whatsoever; provided that the city, or its successors, may
grant franchises and permits thereon for begin insert a end insert limited begin delete terms, end delete begin insert term, end insert not
to exceed 50 years, subject to the right of renewal by the city for
a further begin delete such term or terms, end delete begin insert term, not to exceed 25 years, end insert for
purposes in connection with, or for the promotion and
accommodation of, commerce, navigation, fishery, and for any
purposes specified in Section 3 of this act, and may lease the lands,
or any part begin delete thereof end delete begin insert thereof, end insert for begin insert a end insert limited begin delete terms, end delete begin insert term, end insert not to exceed
50 years, subject to the right of renewal by the city for a further
begin delete such term, or terms end delete begin insert term, not to exceed 25 years, end insert for any and all
purposes which shall not interfere with the trusts upon which the
lands are held by the begin delete State of California. end delete begin insert state. end insert

(c) The tide and submerged lands shall be improved by the city
without expense to the state, and any harbor constructed thereon
shall always remain a public harbor for all purposes of commerce
and navigation, and the state shall have, at all times, the right to
use, without charge, all wharves, docks, piers, slips, quays, and
other improvements constructed by the city on the lands, or any
part thereof, for any vessel or other watercraft, or railroad, owned
or operated by the state.

(d) In the management, conduct, or operation of any harbor, or
of any of the utilities, structures, or appliances constructed in
connection therewith, no discrimination in rates, tolls, or charges,
or in facilities, for any use or service in connection therewith shall
ever be made, authorized, or permitted by the city, or by its
successors.

There is reserved in the people of the State of California the
absolute right to fish in the waters, with the right of convenient
access to the waters over the lands for those purposes. The grant
herein made shall not include those tidelands or submerged lands
within those certain areas known as the Westgate addition acquired
by the City of Los Angeles by annexation on June 14, 1916, or the
Santa Monica canyon addition acquired by the City of Los Angeles
by annexation on April 28, 1925, or the Venice addition acquired
by the City of Los Angeles by consolidation on November 25,
1925.