BILL NUMBER: SB 792 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN ASSEMBLY AUGUST 25, 2009
AMENDED IN ASSEMBLY JULY 13, 2009
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE MAY 6, 2009
AMENDED IN SENATE APRIL 23, 2009
INTRODUCED BY Senator Leno
FEBRUARY 27, 2009
An act to repeal Section 5006.8 of the Public Resources Code, to
repeal Section 3 of Chapter 2 of the Statutes of 1958 of the First
Extraordinary Session, to repeal Chapter 1046 of the Statutes of
1998, to repeal Chapter 464 of the Statutes of 2002, and to repeal
Chapter 435 of the Statutes of 2003, relating to tidelands and
submerged lands.
LEGISLATIVE COUNSEL'S DIGEST
SB 792, as amended, Leno. Tidelands and submerged lands: City and
County of San Francisco: Hunters Point Naval Shipyard and Candlestick
Point.
(1) Existing law grants to the City and County of San Francisco
the right, title, and interest of the State of California in and to
certain tidelands and submerged lands in trust for certain purposes.
The State Lands Commission has jurisdiction over tidelands and
submerged lands of the state.
The Hunters Point Shipyard Conversion Act of 2002 granted to, and
vested in, the San Francisco Redevelopment Agency, all of the state's
right, title, and interest in the Hunters Point trust lands, and,
upon conveyance by the federal government to the agency, in
appurtenances located on Hunters Point submerged lands, subject to
the public trust and the terms and conditions of the act. The Hunters
Point Shipyard Public Trust Exchange Act approved an exchange of
public trust lands within the Hunters Point Shipyard, whereby certain
trust lands that meet specified criteria and are not useful for
public trust purposes are freed from the public trust and may be
conveyed into private ownership, and certain other lands that are not
public trust lands and that are useful for public trust purposes are
made subject to the public trust. Existing law authorizes the
Director of Parks and Recreation to enter into agreements concerning
the development of a project in the City and County of San Francisco
and partly within the Candlestick Point State Recreation Area.
This bill would repeal the Hunters Point Conversion Act of 2002
and the Hunters Point Shipyard Public Trust Exchange Act. The bill
would also repeal the provision authorizing the Director of Parks and
Recreation to enter into agreements concerning that project in the
City and County of San Francisco.
This bill instead would grant to, and vest in, the San Francisco
Redevelopment Agency, all of the state's right, title, and interest
in Candlestick Point and the former Hunters Point Naval Shipyard
trust lands, as revised, and, upon conveyance by the federal
government to the agency, in appurtenances located on Hunters Point
submerged lands, subject to the public trust, and the terms and
conditions of this bill.
This bill would also approve an exchange of public trust lands
within the lands conveyed, whereby certain trust lands or interests
in lands that meet specified criteria and are not now useful for
public trust purposes will be freed from the public trust and may be
conveyed into private ownership, and certain other lands or interests
in lands that are not now public trust lands and that are useful for
public trust purposes will be made subject to the public trust.
The bill would require the agency to deposit all moneys collected
by the agency arising out of the use or operation of any of the trust
lands into a special fund maintained by the agency. The bill would
require the agency to prepare an annual statement of financial
conditions and operations and to submit the statement to the State
Lands Commission each year on or before October 1.
The bill would authorize the Director of Parks and Recreation to
enter in an agreement to transfer to the agency or the City and
County of San Francisco an interest in state property held by the
department within the Candlestick Point State Recreation Area upon
the director making certain findings.
This bill would provide that upon the termination of the
redevelopment plan for the project area, consisting of the former
shipyard, the Hunters Point submerged lands, and Candlestick Point,
or by January 1, 2050, whichever is earlier, the agency shall
transfer any trust lands in which it holds fee title to the city,
unless the commission approves a later date.
(2) The bill would state findings and declarations of the
Legislature regarding the need for special legislation.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The following definitions apply for purposes of this
act:
(a) "1958 Act" means Chapter 2 of the Statutes of 1958 of the
First Extraordinary Session.
(b) "Agency" means the San Francisco Redevelopment Agency, or any
successor redevelopment agency with jurisdiction over the project
area.
(c) "Applicable statutory trust" means either of the following:
(1) Where the agency is the trustee, the terms and conditions of
the state's trust grant to the agency under this act.
(2) Where the city is the trustee, the Burton Act trust.
(d) "BCDC" means the San Francisco Bay Conservation and
Development Commission.
(e) "Burton Act" means Chapter 1333 of the Statutes of 1968, as
amended.
(f) "Burton Act lands" means all those lands within the project
area, or immediately adjacent to the project area, owned in fee by
the city and held subject to the Burton Act.
(g) "Burton Act transfer agreement" means that certain agreement
dated January 24, 1969, between the state and the city, relating to
the transfer of the Port of San Francisco from the state to the city,
and any amendments to that agreement in accordance with its terms.
(h) "Burton Act trust" means the statutory trust imposed by the
Burton Act, and any additional restrictions on use and alienability
created by the Burton Act transfer agreement, by which the state
conveyed to the city, in trust and subject to certain terms,
conditions, and reservations, the state's interest in certain
tidelands, including filled lands, and lands dedicated or acquired by
the city as assets of the trust. The Burton Act trust does not
include the requirements of Section 12 of the Burton Act.
(i) "Candlestick Point" means all that real property situate in
the City and County of San Francisco, State of California, described
as follows:
Beginning at the intersection of the northeasterly line of
Underwood Avenue (formerly 21st Avenue, 80 feet wide) with the
southeasterly line of Arelious Walker Drive (formerly F Street, or
Fitch Street, 64 feet wide); thence southwesterly along the
southeasterly line of said Arelious Walker Drive 1400 feet to a point
laying on the northeasterly line of Bancroft Avenue (formerly 26th
Avenue, 80 feet wide), said point being also the most westerly corner
of the lands designated and shown as "Parcel 1" on that certain map
entitled "Record of Survey - Hunters Point Shipyard" and filed in
Book "Z" of Maps, at pages 135 through 147, Document No. 2000-G845126
in the office of the City and County of San Francisco Recorder;
thence southeasterly along the northeasterly line of said Bancroft
Avenue 2592 feet to the northeasterly extension of the northwesterly
line of Boalt Street (formerly B Street, 64 feet wide); thence
southwesterly along said extension and said northwesterly line of
said Boalt Street 35 feet to a point laying on the boundary of those
certain lands commonly known as "Candlestick Point State Recreation
Area" and described under Exhibit "1" in that certain Quitclaim Deed
from the City and County of San Francisco to the State of California,
recorded in the office of County Recorder of said county in Book
D633 of Official Records, at Image 1952; thence generally
southwesterly, southeasterly, southerly and westerly along said
boundary of said "Candlestick Point State Recreation Area", in all of
its courses, to a point on the San Francisco - San Mateo County
boundary line as said line is shown on that certain Board of Tide
Land Commissioners map entitled "Map of the Salt Marsh and Tide Lands
and Lands Lying Under Water South of Second Street", a copy of which
is filed in Map Book "W", pages 46 and 47, in the office of the City
and County of San Francisco Recorder, from which point the point of
beginning of said boundary described in said Exhibit "1" bears North
44˚39'58" East 103.85 feet, more or less; thence westerly along
said county line 15 feet, more or less, to the southeasterly line of
Harney Way as shown on that certain map entitled "Map Showing the
Opening of Harney Way from Jamestown Avenue to County Line", filed
January 28, 1965, in Map Book "U" at pages 64 and 65, in the office
of the City and County of San Francisco Recorder; thence continuing
westerly along said county line 178.79 feet; thence leaving said
county line North 44˚39'58" East 592.16 feet; thence North
45˚36'16" East 300.04 feet; thence North 56˚25'37" East
104.39 feet; thence North 61˚40'38" East 137.37 feet; thence
North 76˚48'21" East 159.25 feet to a point laying at the
westerly terminus of the course labeled "North 86˚19'02" West
87.60 feet" on the northerly line of Harney Way as shown on that
certain Final Map entitled "Map of San Francisco Executive Park II",
filed in Map Book "X", pages 8 through 11, Document No. D168468, in
the office of the City and County of San Francisco Recorder; thence
easterly along the northerly line of said Harney Way, in all of its
courses, to the southwesterly line of the lands of Leonoudakis as
described in that certain document filed in the office of the City
and County of San Francisco in Reel I751 of Official Records, at
Image 599, Document No. 2004-H839983, (Lot 008, Assessor's Block
5023); thence northwesterly along said southwesterly line to the
southeasterly line of the lands of Leonoudakis as described in that
certain document filed in the office of the City and County of San
Francisco in Reel I751 of Official Records, at Image 598, Document
No. 2004-H839982, (Lot 8, Assessor's Block 4977); thence
southwesterly and northwesterly along the southeasterly and
southwesterly lines of said lands of Leonoudakis to the most
southerly corner of the lands of the City and County of San Francisco
designated and shown as Lot 6 on Assessor's Block 4977; thence
northwesterly and northeasterly along the southeasterly and
northwesterly lines of said lands of the City and County of San
Francisco to the southwesterly corner of Lot 276, as shown on that
certain Parcel Map filed in Parcel Map Book 45 at page 10, Document
No. 2001-G962714, in the office of the City and County of San
Francisco Recorder; thence northwesterly along the boundary of said
Lot 276, in all of its courses, to the most northerly corner of said
lot, being also a point laying on the southwesterly line of Jamestown
Avenue; thence northwesterly along the southwesterly line of
Jamestown Avenue 135 feet, more or less, to a point; thence
northeasterly and perpendicular to the last course 89 feet to the
intersection of the southeasterly line of Coronado Street with the
northeasterly line of Jamestown Avenue as shown on that certain map
entitled "Map Showing the Widening and Extension of Jamestown Avenue
from Hunters Point Expressway to Redondo Street" filed in Map Book "U"
at pages 60 through 63, in the office of the City and County of San
Francisco Recorder; thence southeasterly along said northeasterly
line of Jamestown Avenue 725 feet, more or less, to a point; thence
northeasterly along a line laying parallel and 350 feet southeasterly
of the southeasterly line of Griffith Street (formerly G Street, 64
feet wide), 660 feet to the Line of Ordinary High Tide of 1869 as
said line is shown, but not labeled, on that Board of Tide Land
Commissioners Block Map No. 9 filed in Map Book "W" at pages 11
through 13, in the office of the City and County of San Francisco
Recorder; thence northeasterly along said line, in all of its
courses, to the southwesterly line of the lands of the San Francisco
Housing Authority designated and shown as Lot 20 on Assessor's Block
4884; thence northwesterly along a line laying parallel with and
distant 100 feet northeasterly of the northeasterly line of Gilman
Avenue (formerly 31st Avenue, 80 feet wide), being also the
southwesterly line of said lands of the San Francisco Housing
Authority, to the northwesterly line of Hawes Street (formerly H
Street, 64 feet wide); thence northeasterly along said northwesterly
line of Hawes Street 1020 feet to the northeasterly line of Carroll
Avenue (formerly 27th Avenue, 80 feet wide); thence southeasterly
along said northeasterly line of Carroll Avenue 728 feet to a point
laying on the southeasterly line of Griffith Street (formerly G
Street, 64 feet wide), said point laying also at a deflection in the
northwesterly boundary of said "Candlestick Point State Recreation
Area"; thence in a general northerly and westerly direction, along
the boundary of said "Candlestick Point State Recreation Area" as
described under Exhibit "1" in said Quitclaim Deed recorded in the
office of the City and County of San Francisco Recorder, in Book D633
of Official Records, at page 1952, the following courses:
northeasterly along said southeasterly line of Griffith Street 760
feet to the southwesterly line of Yosemite Avenue (formerly 24th
Avenue, 80 feet wide); thence northwesterly along said southwesterly
line of Yosemite Avenue to the point of beginning of that parcel of
land described in the Quitclaim Deed from the United States of
America to Julio and Anita Ricci, recorded March 8, 1961 in Book
A235, page 208 of Official Records of the City and County of San
Francisco; thence northeasterly, parallel with the southeasterly line
of Ingalls Street (formerly I Street), 80 feet to a point laying on
the northeasterly line of Yosemite Avenue distant thereon
southeasterly 205 feet from said southeasterly line of Ingalls
Street, said point being the most westerly corner of that certain
parcel of land described as Parcel 3523 in the Grant Deed dated
November 30, 1979 from R.C. Scarver and Terese Scarver to the State
of California recorded February 8, 1980 as Document No. 73057 in Book
C942, page 746 of Official Records of the City and County of San
Francisco; thence northeasterly along the northwesterly line of said
parcel to the most northerly corner of said parcel, said point laying
in the southwesterly line of Wallace Avenue (formerly 23rd Avenue,
80 feet wide); thence northeasterly, parallel with said southeasterly
line of Ingalls Street, 80 feet to the most westerly corner of the
land described as Parcel 3 in the deed from Hibernia Bank to Mike
Garza recorded December 20, 1977 in Book C488, page 303 of Official
Records of the City and County of San Francisco, said point laying on
the northeasterly line of Wallace Avenue, distant thereon 205 feet
southeasterly of said southeasterly line of Ingalls Street; thence
southeasterly along said northeasterly line of Wallace Avenue to the
southeasterly line of Hawes Street (formerly H Street, 64 feet wide);
thence northeasterly along said southeasterly line of Hawes Street,
464 feet to the southwesterly line of Underwood Avenue (formerly 21st
Avenue, 80 feet wide); thence leaving said "Candlestick Point State
Recreation Area" boundary, northeasterly 80 feet to the northeasterly
line of said Underwood Avenue; thence southeasterly along the
northeasterly line of said Underwood Avenue 75 feet to a point laying
on said "Candlestick Point State Recreation Area" boundary; thence
along said "Candlestick Point State Recreation Area" boundary the
following courses: northeasterly along a line parallel and distant 75
feet southeasterly from said southeasterly line of Hawes Street, 200
feet to the southwesterly line of Thomas Avenue (formerly 20th
Avenue, 80 feet wide); thence southeasterly along said southwesterly
line of Thomas Avenue, to the northwesterly line of Griffith Street
(formerly G Street, 64 feet wide); thence southwesterly along said
northwesterly line of Griffith Street, 200 feet to the northeasterly
line of Underwood Avenue (80 feet wide); thence southeasterly along
said northeasterly line of Underwood Avenue 664 feet to the
northwesterly line of said Arelious Walker Drive; thence leaving said
"Candlestick Point State Recreation Area" boundary, northeasterly
along said northwesterly line of Arelious Walker Drive, 280 feet to
the northeasterly line of said Thomas Avenue; thence southeasterly
along said northeasterly line of Thomas Avenue, 64 feet to a point
laying on the boundary of said "Candlestick Point State Recreation
Area"; thence southwesterly along said boundary and the southeasterly
line of said Arelious Walker Drive, 280 feet to the Point of
Beginning.
Excepting therefrom any portion lying outside said City and County
of San Francisco.
(j) "City" means the City and County of San Francisco, a charter
city and county, and includes the City and County of San Francisco
acting by and through its Port Commission.
(k) "Commission" means the State Lands Commission.
(l) "Community Redevelopment Law" means Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code.
(m) "Department" means the Department of Parks and Recreation.
(n) "Director" means the Director of Parks and Recreation.
(o) "Hillside open space" means that area of land so designated as
depicted in the diagram in Section 25 of this act.
(p) "Hunters Point submerged lands" means all that real property
situate in the City and County of San Francisco, State of California,
described as follows:
Beginning at the intersection of the northeasterly prolongation of
the southeasterly line of Earl Street (64 feet wide) with the 1948
Bulkhead Line as shown on the map entitled "Real Estate Summary Map
NAVFAC Drawing No. 1045757" on file at the Department of the Navy,
WESTDIV, San Bruno, California; thence southeasterly along said 1948
Bulkhead Line and the northeasterly line of that certain property
conveyed in declaration of taking, Civil Action No. 22147 as shown on
said summary map to a line parallel with and 450 feet southeasterly
of the southeasterly line of Boalt Street (64 feet wide); thence
southwesterly along said parallel line to the northeasterly line of
the land described in the deed filed in Book 3677 of Official Records
at page 349 in the Office of the County Recorder of said county,
said northeasterly line being the arc of a curve, concave
southwesterly and having a radius of 1,800 feet; thence southeasterly
and southerly along said arc to the southeasterly prolongation of
the northeasterly line of Evans Avenue (80 feet wide); thence
northwesterly along said prolongation and said northeasterly line of
Evans Avenue to the 1941 Bulkhead Line as shown on said summary map;
thence southerly along said 1941 Bulkhead Line to the northeasterly
line of that certain property conveyed in declaration of taking,
Civil Action No. 36272 as shown on said summary map; thence
southeasterly along said northeasterly line to said 1948 Bulkhead
Line as shown on said summary map; thence southerly along said 1948
Bulkhead Line to the line dividing the City and County of San
Francisco from the County of San Mateo; thence easterly along said
county line to the United States Pierhead Line as shown on the map
entitled "Hunters Point Naval Shipyard, General Development Map, Key
Map No. 1174922" on file at the Department of the Navy, Western
Division San Bruno, California; thence northeasterly and
northwesterly along said Pierhead Line as shown on said General
Development Map to said northeasterly prolongation of the
southeasterly line of said Earl Street (64 feet wide); thence
southwesterly along said prolongation of the southeasterly line of
said Earl Street to the said 1948 Bulkhead Line and the point of
beginning.
(q) "Project" means the integrated development of a combination of
uses on Candlestick Point and the shipyard, including, but not
limited to, residential, commercial, public trust, and recreational
uses, in accordance with the redevelopment plan.
(r) "Project area" means the shipyard, Hunters Point submerged
lands, and Candlestick Point.
(s) "Proposition G" means Proposition G, also known as the "Mixed
Use Development Project for Candlestick Point and Hunters Point
Shipyard," approved by the voters of the city in June 2008.
(t) "Public trust" or "trust" means the common law public trust
for commerce, navigation, and fisheries.
(u) "Redevelopment plan" means the Hunters Point Shipyard
Redevelopment Plan, and those portions of the Bayview-Hunters Point
Redevelopment Plan pertaining to the redevelopment of Candlestick
Point, adopted by the agency pursuant to Chapter 4.5 (commencing with
Section 33492) of the Community Redevelopment Law, as those plans
may be amended from time to time.
(v) "Reserved street area" means a portion of the reserved
streets.
(w) "Reserved streets" means all those portions of the trust lands
that were reserved to the state for street purposes by the Board of
Tidelands Commissioners pursuant to the "Act to survey and dispose of
certain salt marsh and tide lands belonging to the State of
California," Chapter 543 of the Statutes of 1868, as depicted on the
map entitled "Map of the Salt Marsh and Tide Lands and Lands Lying
Under Water South of Second Street and Situate in the City and County
of San Francisco" prepared by the Board of Tide Land Commissioners
and dated March 19, 1869.
(x) "Shipyard" or "Hunters Point Shipyard" means all that real
property situate in the City and County of San Francisco, State of
California, described as follows:
Beginning at the intersection of the southeasterly line of Fitch
Street (64 feet wide) with the northeasterly line of Palou Avenue (80
feet wide), said intersection also being in the southerly line of
the Lands of Lowpensky as described in that document filed in the
Office of the County Recorder of said County in Book D238 Official
Records at page 80; thence easterly along the southerly line of said
Lands of Lowpensky to the southeasterly corner of the said Lands of
Lowpensky being also the southwesterly corner of the Lands of the
Regents of University of California as described in that document
filed in the Office of the County Recorder of said County in Book
C562 Official Records at page 582; thence easterly, northerly and
northwesterly along the southerly, easterly and northeasterly lines
of said Lands of the Regents to the northwesterly corner of said
Lands of the Regents and also being the northeasterly corner of said
Lands of Lowpensky. Thence northwesterly along the northeasterly line
of said Lands of Lowpensky to the most westerly corner of said Lands
of Lowpensky, being also a point in the northeasterly line of said
Palou Avenue; thence northwesterly along the northeasterly line of
said Palou Avenue to the southeasterly line of Griffith Street (64
feet wide); thence northeasterly along the southeasterly line of said
Griffith Street 200 feet to the southwesterly line of Oakdale Avenue
(80.00 feet wide); thence northwesterly along the southwesterly line
of said Oakdale Avenue, 32 feet to the centerline of said Griffith
Street; thence northeasterly along the centerline of said Griffith
Street 600 feet to the centerline of McKinnon Avenue (80 feet wide);
thence southeasterly along the centerline of said McKinnon Avenue 664
feet to the centerline of said Fitch Street (64 feet wide); thence
northeasterly along the centerline of said Fitch Street 320 feet to
the northeasterly line of La Salle Avenue (80 feet wide); thence
southeasterly along the northeasterly line of said La Salle Avenue,
632 feet to the northwesterly line of Earl Street (64 feet wide) and
an angle point in the northwesterly boundary of Inchon Village as
shown on the "Map of Inchon Village" filed in the Office of the
County Recorder of said County in Book 17 of Condominium Maps at
pages 112 through 130; thence southwesterly along the northwesterly
boundary of said Inchon Village to the centerline of McKinnon Avenue
(80 feet wide) and the most northerly corner of the Lands of Crisp
Building, Inc., described in that certain document filed in the
Office of the County Recorder of said County in Book D767 Official
Records at page 1051; thence southwesterly, southeasterly and
northeasterly along the northwesterly, southwesterly and
southeasterly lines of said Lands of Crisp Building, Inc. to the most
easterly corner of said Lands of Crisp Building, Inc., being also
the most southerly corner of the land shown on the "Parcel Map of
Inchon and Solomon Village" filed in the Office of the County
Recorder of said County in Book 17 of Parcel Maps at page 77 and the
centerline of said McKinnon Avenue; thence northeasterly along the
southeasterly line of said Inchon and Solomon Village to the most
easterly corner of said Inchon and Solomon village and the
southwesterly line of Innes Avenue (80.00 feet wide); thence
northwesterly along the southwesterly line of said Innes Avenue 641
feet to the centerline of said Earl Street (64 feet wide); thence
northeasterly along the centerline of said Earl Street 40 feet to the
centerline of said Innes Avenue; thence southeasterly along the
centerline of said Innes Avenue 32 feet to the southeasterly line of
said Earl Street; thence northeasterly along the southeasterly line
of said Earl Street and its prolongation 3,151 feet to the 1948
Bulkhead Line as shown on the map entitled "Real Estate Summary Map
NAVFAC Drawing No. 1045757" on file at the Department of the Navy,
WESTDIV, San Bruno, California; thence southeasterly along said 1948
Bulkhead Line and the northeasterly line of that certain property
conveyed in declaration of taking, Civil Action No. 22147 as shown on
said summary map 2,553 feet more or less to a point on a line
parallel with and 450 feet southeasterly of the southeasterly line of
Boalt Street (64 feet wide), thence southwesterly along said
parallel line a distance of 52 feet more or less to the northeasterly
line of the land described in the deed filed in Book 3677 of
Official Records at page 349 in the Office of the County Recorder of
said County, said northeasterly line being the arc of a curve,
concave southwesterly and having a radius of 1,800 feet; thence
southeasterly and southerly along said arc to the southeasterly
prolongation of the northeasterly line of Evans Avenue (80 feet
wide); thence northwesterly along said prolongation and said
northeasterly line of Evans Avenue, to the 1941 Bulkhead Line as
shown on said summary map; thence southerly along said 1941 Bulkhead
Line, to the northeasterly line of that certain property conveyed in
declaration of taking, Civil Action No. 36272 as shown on said
summary map; thence southeasterly along said northeasterly line to
said 1948 Bulkhead Line as shown on said summary map; thence
southerly along said 1948 Bulkhead Line to the line dividing the City
and County of San Francisco from the County of San Mateo; thence
westerly along said county line 127 feet more or less to the
southeasterly prolongation of the northeasterly line of Bancroft
Avenue (80 feet wide); thence northwesterly along said prolongation
and said northeasterly line of said Bancroft Avenue 7,484 feet more
or less to the southeasterly line of said Fitch Street (64 feet
wide); thence northeasterly along the southeasterly line of said
Fitch Street 2,800 feet to the point of beginning.
(y) "State" means the State of California.
(z) "State property" means the property or interests in property
owned by the state located within the project area, and includes both
proprietary land and sovereign land.
(aa) "State recreation area" means the Candlestick Point State
Recreation Area.
(ab) "Tidelands" means tide and submerged lands.
(ac) "Trustee" means the owner and trust administrator of trust
lands granted pursuant to this act or the Burton Act, and is either
the agency, with respect to lands owned by the agency, or the city,
with respect to lands owned by the city.
(ad) "Trust lands" means all lands, including tide and submerged
lands, within the project area that are presently, or upon conveyance
out of federal ownership will be, subject to the public trust.
Following a trust exchange, trust lands shall include all lands
within the project area that have been impressed with the trust
pursuant to the exchange, and shall not include any lands that have
been removed from the trust pursuant to the exchange.
SEC. 2. The Legislature finds and declares all of the following:
(a) The purpose of this act is to facilitate the productive reuse
of the lands within the areas of San Francisco known as Candlestick
Point and the former Hunters Point Naval Shipyard in a manner that
furthers the purposes of the public trust and the Community
Redevelopment Law. To effectuate this purpose, this act grants the
state's sovereign interest in the lands comprising the shipyard to
the agency upon the transfer of those lands out of federal ownership,
and approves and authorizes the commission, provided that it makes
the necessary findings supporting the exchange, to carry out an
exchange of lands that will place or confirm the public trust on
lands within the project area with substantial value for the public
trust, and terminate the public trust in project area lands that are
no longer useful for trust purposes. This act also authorizes the
director on behalf of the department to enter into an agreement to
transfer certain lands within the Candlestick Point State Recreation
Area to the agency or the city, provided that the agreement provides
an overall benefit to the state recreation area and meets certain
other conditions set forth in this act.
(b) The project area, including both the shipyard and Candlestick
Point, encompasses lands that were historically tidelands subject to
the public trust, as well as historic uplands that were not subject
to the trust. Beginning in 1861, certain of the area's tidelands were
conveyed into private ownership by the state pursuant to various
state statutes. Portions of those tidelands were subsequently filled
and reclaimed. The trust status of portions of the reclaimed
tidelands is uncertain. Due to differences in the various statutes
authorizing the conveyance of certain portions of the tidelands into
private ownership, as well as other historical circumstances, some of
the reclaimed tidelands, including lands located well inland from
the current shoreline, have remained subject to the public trust,
while other reclaimed tidelands, including most of the lands adjacent
to the shoreline, may have been freed from the trust. In addition, a
portion of the lands that are subject to the trust consist of
reserved streets that were mapped but never built, and a railroad
right-of-way, forming a grid pattern that is not consistent with the
existing or planned street system for the lands, and most of these
lands are no longer useful for trust purposes.
(c) In 1939, the United States began acquiring lands for purposes
of constructing and operating what came to be known as the Hunters
Point Naval Shipyard. The shipyard was used primarily as a United
States Navy industrial operation for the modification, maintenance,
and repair of ships. The shipyard was closed in 1974, resulting in
adverse economic impacts on the
economic base of the surrounding Bayview Hunters Point
neighborhood. Pursuant to Section 2824(a) of the National Defense
Authorization Act for fiscal year 1991, as amended by Section 2834 of
the National Defense Authorization Act for fiscal year 1994, the
United States Navy is authorized to convey the shipyard, or portions
of the shipyard, to the city or to a local reuse authority approved
by the city. The agency is the approved local reuse authority for the
shipyard. Pursuant to a 2004 conveyance agreement with the agency,
the United States Navy has conveyed a portion of the shipyard to the
agency and has agreed to transfer the remainder to the agency
following hazardous materials remediation.
(d) The state's sovereign interest in the filled tidelands at
Candlestick Point consists primarily of reserved streets and portions
of a former railroad right-of-way. In 1958, the state, through the
1958 Act, authorized the sale of a portion of these lands to the city
for the purpose of developing a sports stadium. The state received
consideration for the sale. The intent of the 1958 Act was to
terminate the public trust on the transferred lands, but the statute
required that the lands be used only for purposes of general
statewide interest. Pursuant to the 1958 Act, the city acquired the
lands free of the trust and constructed the stadium commonly referred
to as Candlestick Park, which is now nearing the end of its useful
life.
(e) In 1968, the Legislature enacted the Burton Act, which granted
the state's remaining interest in tidelands within the city,
including the state's sovereign interests in the portion of
Candlestick Point outside of the stadium site, to the city, subject
to the public trust and the Burton Act trust. In 1973, the
Legislature authorized the department to acquire and develop real
property at Candlestick Point for the state park system. The state
subsequently acquired private lands along the shoreline of
Candlestick Point to create the Candlestick Point State Recreation
Area. In 1984, the city conveyed back to the state those lands within
the state recreation area boundaries that the city had acquired
under the 1958 Act and the Burton Act. The state recreation area was
the first California state park unit developed in an urban
environment and is a critical component of the state park system. At
present, however, much of the state recreation area is underutilized
and in need of substantial restoration and improvement.
(f) The shipyard and Candlestick Point are adjacent to one another
and are located on either side of South Basin, with a common
boundary at Yosemite Slough. Together, they comprise approximately
760 acres and make up the largest area of underused land in the city.
The shipyard, once a source of economic opportunity for the
surrounding Bayview Hunters Point community, has stood dilapidated
and abandoned for over 30 years and now stands as a barrier to public
health, open space, and the waterfront, and a blight on one of San
Francisco's poorest communities. The revitalization of Candlestick
Point has been contemplated for over 10 years to create much needed
economic and public benefits, affordable housing for Bayview Hunters
Point residents, and other tangible benefits to the Bayview Hunters
Point community. The stadium at Candlestick Point is nearing the end
of its useful life and is in need of replacement, the nearby public
housing development at Alice Griffith requires a complete rebuilding,
and the restoration and improvement of the adjoining state
recreation area has been a long-time goal of the state, the city, and
the Bayview Hunters Point community.
(g) Until 2007, efforts to redevelop the shipyard and Candlestick
Point proceeded separately from one another. In 1997, the agency and
the city adopted the Hunters Point Shipyard Redevelopment Plan to
provide for the economic revitalization of the shipyard upon its
transfer out of federal ownership. In anticipation of the transfer of
the shipyard to the agency, the Legislature enacted the Hunters
Point Shipyard Conversion Act of 2002 (Chapter 464 of the Statutes of
2002), and the Hunters Point Shipyard Public Trust Exchange Act
(Chapter 435 of the Statutes of 2003), which together granted in
trust to the agency all of the state's sovereign interest in certain
lands within and adjacent to the shipyard and authorized a
shipyard-wide public trust exchange, subject to certain terms and
conditions.
(h) Chapter 1046 of the Statutes of 1998, which repealed and added
Section 5006.8 of the Public Resources Code, was enacted for the
purpose of facilitating the redevelopment of Candlestick Point in
accordance with Propositions D and F, which were approved by voters
of the city on June 3, 1997. Those measures authorized development of
a stadium, retail and entertainment center, and associated support
uses on the site. In 2006, the city and the agency adopted the
Bayview Hunters Point Redevelopment Plan, which included provision
for a stadium project consistent with Propositions D and F.
Subsequently, the primary tenants of the stadium, the San Francisco
Forty Niners, announced their intention to build a new stadium in a
location other than Candlestick Point.
(i) In 2007, the city and the agency undertook a new, integrated
planning effort for the shipyard and Candlestick Point, which
resulted in the adoption of a conceptual framework for development.
The conceptual framework calls for a mixed use project on the project
area that will provide, among other things, much needed parks and
open space, including a major renovation of the state recreation area
to enhance access by residents and visitors to the waterfront; new
business and employment opportunities; new housing opportunities
affordable for residents of the neighboring Bayview Hunters Point
community; a site for a new sports stadium on the shipyard, with
alternative uses if the San Francisco Forty Niners elect to build a
new stadium elsewhere; and other economic and public benefits for the
community and the city as a whole and the statewide public.
(j) In June 2008, the voters of the city approved Proposition G,
the "Mixed Use Development Project for Candlestick Point and Hunters
Point Shipyard." Proposition G repealed Propositions D and F and
promulgated city policy encouraging the timely development of the
project area with a mixed-use project including: over 300 acres of
public park and open space; between 8,500 and 10,000 homes; about
700,000 square feet of retail space; about 2,150,000 square feet of
green office, science and technology, research and development, and
industrial space; a possible arena or other public performance site;
a site in the shipyard for a new stadium for the San Francisco Forty
Niners; and additional green office, science and technology, research
and development, and industrial space, or additional housing, if a
new stadium is not built. Proposition G specifically contemplated a
mix of stacked flats, attached town homes and, in appropriately
selected locations, low-rise, mid-rise, and high-rise towers, to help
ensure the economic feasibility of the development and provide a
varied urban design. Proposition G also made it city policy that the
project be consistent with the following objectives: producing
tangible community benefits for residents of the Bayview Hunters
Point neighborhood and the city; reconnecting the shipyard and
Candlestick Point with the Bayview Hunters Point neighborhood and
protecting the Bayview Hunters Point neighborhood character for
existing residents; producing substantial new housing, both
affordable and market-rate, and encouraging the rebuilding of the
Alice Griffith Housing Development; incorporating environmental
sustainability; encouraging the San Francisco Forty Niners to remain
in San Francisco; and requiring the project to be financially sound,
with or without a new stadium.
(k) This legislation is necessary for the successful redevelopment
of the project area and to realize the resulting public benefits,
including, but not limited to, the elimination of blight, the
provision of affordable housing, the creation of new public open
space, and increased public access to the waterfront. This
legislation is also needed to improve the configuration of the public
trust lands in furtherance of trust purposes.
(l) The existing configuration of trust and nontrust lands within
the project area is such that the purposes of the public trust cannot
be fully realized. A substantial portion of the reclaimed trust
lands are interior lands that have been cut off from access to
navigable waters, or are reserved streets laid out in a grid pattern
that is not useful to the trust. Most of these lands are no longer
needed or required for the promotion of the public trust. Other lands
within the project area adjacent to the waterfront or otherwise of
high value to the public trust are currently not subject to the
public trust. Absent a trust exchange, substantial portions of the
lands within the shipyard that are located along the waterfront or
are otherwise of high value to the public trust would be free of the
public trust, would not be required to be put to uses consistent with
the public trust, and could be cut off from public access. In
addition, certain interior lands not useful for trust purposes would
be restricted and could not be used for residential or other nontrust
uses essential to the redevelopment of the project area.
(m) A trust exchange resulting in the configuration of trust lands
substantially similar to that depicted on the diagram in Section 25
of this act maximizes the overall benefits to the trust, without
interfering with trust uses or purposes. Following the exchange, the
entire waterfront within the project area, as well as certain
interior lands that have high trust values, will be subject to the
public trust. The lands that will be removed from the trust pursuant
to the exchange have been cut off from navigable waters, are no
longer needed or required for the promotion of the public trust, and
constitute a relatively small portion of the granted lands within the
city. This act requires the commission to ensure that the lands
added to the trust pursuant to the exchange have a monetary value
equal to or greater than the monetary value of the lands taken out of
the trust.
(n) Several historic buildings in the shipyard have been
identified by the State Historic Preservation Officer as contributors
to the Hunters Point Commercial Drydock Historic District. These
contributor buildings convey a sense of the shipyard's early maritime
history, enhance the open-space experience along the waterfront, and
should be preserved and restored. Uses of the contributor buildings
that support their preservation and restoration, but which are not
otherwise consistent with the trust, may be authorized under certain
conditions set forth in this act.
(o) The hillside open space provides substantial value to the
trust as an open space and recreational resource affording
exceptional views of San Francisco Bay and the waterfront. To protect
the trust value of the hillside open-space area, it is important
that significant view corridors to the waterfront be protected and
adequate public access be provided in the manner set forth in this
act.
(p) The state recreation area is presently in need of substantial
improvement, restoration, and reconfiguration. A substantial portion
of the park currently serves as a parking area for stadium events. In
other areas, the park does not contain enough land adjacent to the
shoreline to provide the desired level of public access. The park
lacks needed improvements, and many of the improvements that do exist
are in a state of disrepair. Proposition G calls for improving and
restoring the state recreation area, including enhancing access to
the waterfront for public use, providing views of San Francisco Bay,
and extending the Bay Trail system through the park. This act
approves a reconfiguration of the state recreation area and to that
end authorizes the director to enter into an agreement for the
transfer of state recreation area lands to be added to the
state recreation area to the agency or the city in exchange
for other lands, park improvements, funding for
park operation and maintenance, lands to be added to the state
recreation area, and other consideration, provided the
agreement will result in an overall benefit to the park and meets the
other requirements of this act regarding the transfer of state
recreation area lands.
(q) This legislation advances the statewide purposes of the
Community Redevelopment Law and the public trust, and is in the best
interests of the people of this state.
SEC. 3. Section 5006.8 of the Public Resources Code is repealed.
SEC. 4. Chapter 464 of the Statutes of 2002, The Hunters Point
Shipyard Conversion Act of 2002, as amended by Chapter 435 of the
Statutes of 2003, is repealed.
SEC. 5. Chapter 435 of the Statutes of 2003, The Hunters Point
Shipyard Public Trust Exchange Act, is repealed.
SEC. 6. (a) All of the state's right, title, and interest,
acquired by virtue of its sovereignty, in any trust lands in which
the agency holds or acquires fee title, is hereby granted to and
vested in the agency, subject to the public trust and the terms and
conditions of this act.
(b) Upon conveyance by the federal government to the agency of any
piers or other appurtenances located in part on Hunters Point
submerged lands, the grant of the state's right, title, and interest
in the Hunters Point submerged lands to the city pursuant to the
Burton Act is revoked, and all of the state's right, title, and
interest in those lands is granted to and vested in the agency,
subject to the public trust and the terms and conditions of this act.
(c) The agency shall hold the trust lands in trust for the benefit
of all the people of the state for purposes of commerce, navigation,
and fisheries, and for other public trust purposes, subject to the
terms and conditions of this act. Any trust lands held by the agency
pursuant to this act shall not be subject to the Burton Act trust.
SEC. 7. Notwithstanding Section 6359 of the Public Resources Code
or any other provision of law, the grant of the state's interest in
trust lands to the agency pursuant to this act shall be deemed
effective as follows:
(a) On January 1, 2010, with respect to trust lands held in fee by
the agency on that date.
(b) With respect to trust lands acquired by the agency after
January 1, 2010, upon the agency's acquisition of those lands.
(c) With respect to the Hunters Point submerged lands, upon
conveyance by the federal government to the agency of any piers or
other appurtenances located in part on the Hunters Point submerged
lands, at which time any prior grant of the state's right, title, and
interest in the Hunters Point submerged lands to the city pursuant
to the Burton Act shall be deemed revoked and the lands shall cease
to be subject to the Burton Act trust.
SEC. 8. (a) The agency may use, conduct, operate, maintain,
manage, administer, regulate, improve, lease, and control
(collectively referred to as "use") the trust lands and do all things
necessary in connection with that authority that conform with the
terms of this act and the public trust. Except as provided in this
act, the agency shall use the trust lands only in a manner that is
consistent with, necessary and convenient for, or incidental or
ancillary to, the purposes of the public trust.
(b) In the management, conduct, operation, and control of the
trust lands, or any improvements, betterments, or structures on the
trust lands, the agency shall make no discrimination in rates, tolls,
or charges for a use or service in connection with that management.
SEC. 9. The agency shall not grant, convey, give, or alienate the
trust lands, or any part of the lands, to an individual, firm,
corporation, or governmental agency (not including the commission)
for any purpose, except as provided in this act or as otherwise
provided by statute.
SEC. 10. There is reserved in the people of the state the right to
hunt and fish in and over the waters on the trust lands, together
with the right of convenient access to the waters over the trust
lands for those purposes.
SEC. 11. The state shall reserve from the grant made in Section 6
of this act, and from any other conveyance pursuant to this act of
the state's interest, or any portion of the state's interest, in any
lands, all minerals and all mineral rights in the lands of every kind
and character now known to exist or hereafter discovered, including,
but not limited to, oil and gas and rights thereto, together with
the sole, exclusive, and perpetual right to explore for, remove, and
dispose of those minerals by any means or methods suitable to the
state or to its successors and assignees, except that,
notwithstanding the Burton Act or Section 6401 of the Public
Resources Code, this reservation shall not include the right of the
state or its successors or assignees in connection with any mineral
exploration, removal, or disposal activity, to do either of the
following:
(a) Enter upon, use, or damage the surface of the lands or
interfere with the use of the surface by a grantee or by the grantee'
s successors or assignees. However, a lease, franchise, permit, or
license of the property shall contain a provision specifying at least
one point from which, and the manner in which, the right of ingress
or egress to the subsurface deposits may be exercised, which point or
points may be outside the area of the leasehold, franchise, permit,
or license, as long as the point or points are adequate to permit the
rights reserved to the state to be exercised.
(b) Conduct any mining activities of any nature whatsoever above a
plane located 500 feet below the surface of the lands without the
prior written permission of a grantee of the lands or the grantee's
successors or assignees.
SEC. 12. The state has the right to use, without charge, any
transportation, land or storage improvements, wharves, docks, piers,
slips, quays, or other improvements constructed upon the trust lands,
for a vessel or other watercraft, aircraft, or railroad owned or
operated by the state.
SEC. 13. (a) The state reserves the right to amend, modify, or
revoke any and all rights in the trust lands granted to the agency
under this act.
(b) No amendment or revocation, in whole or in part, of the
granted rights in the trust lands, or any transfer of trust lands
between the agency and the city, shall impair or affect the rights or
obligations of third parties, including debt, security, or bond
holders, lessees, lenders for value, and holders of contracts
conferring the right to the use or occupation of, or the right to
conduct operations upon or within, the trust lands, arising from
leases, contracts, or other instruments lawfully entered into prior
to the effective date of the amendment, revocation, or transfer. For
purposes of this section, the term "bonds" includes, without
limitation, tax increment bonds, revenue bonds, certificates of
participation, and any other bonds or forms of indebtedness secured
by or payable from, in whole or in part, revenues derived from trust
lands.
(c) If a lease, contract, or other instrument described in
subdivision (b) is in effect on the effective date of an amendment or
revocation of the granted rights in the trust lands, the state, at
its option exercised by and through the commission, may succeed to
the agency's interest in the lease, contract, or instrument.
Otherwise, the agency's interest in the instrument, property, and
revenue shall continue during the term or other period during which
the instrument shall remain in effect. If a lease, contract, or other
instrument described in subdivision (b) is in effect on the
effective date of a transfer of trust lands between the agency and
the city, the transferee shall succeed to the transferor's interest
in the lease, contract, or other instrument, unless the agency and
the city agree otherwise. An action taken by the state, or a transfer
of trust lands between the agency and the city, shall not cause the
agency or the city to breach or default under a lease, contract, or
instrument in effect on the effective date of an amendment or a
revocation. All bonds or securities issued by the agency or the city
and payable out of revenues from the trust lands shall continue to be
so payable, directly or indirectly, and secured in all respects as
provided in the proceedings for their issuance, and the revenues of
the trust lands shall be pledged and applied to the payment of the
bonds or securities in all respects as though no amendment or
revocation had taken place.
SEC. 14. The agency may grant franchises, permits, privileges,
licenses, easements, or leasehold interests (leases) in connection
with the trust lands, or any part of the trust lands, each for a term
not exceeding 66 years. A lease of the trust lands shall be solely
for uses that are consistent with, necessary and convenient for, or
incidental or ancillary to, the purposes of the public trust, except
that a lease may be entered into for other uses if the agency has
made all of the following determinations:
(a) There is no immediate trust-related need for the property
proposed to be leased.
(b) The proposed lease is of a duration of no more than five years
and provides that the agency shall have the right to terminate the
lease in favor of trust uses as trust needs arise.
(c) The proposed lease prohibits the construction of new
structures or improvements on the subject property that, as a
practical matter, could prevent or inhibit the property from being
converted to a permissible trust use if necessary.
(d) The proposed use of the leased property would not interfere
with commerce, navigation, fisheries, or any other existing trust use
or purpose.
SEC. 15. (a) Notwithstanding any other provision of this act or
the Burton Act, the buildings, or any portion of a building,
identified by the State Historic Preservation Officer as contributors
to the Hunters Point Commercial Drydock Historic District, commonly
known as the Gatehouse (Building 204), Pumphouse 2 (Building 205),
Pumphouse 3 (Building 140), and the Tool and Paint Building (Building
207), may be used or leased for purposes not otherwise consistent
with the public trust, provided the trustee makes a finding that
there are no trust uses available that would allow for the
restoration and preservation of the space. A lease renewal,
extension, or granting of a new lease for a nontrust purpose shall
require a new finding that no trust uses are then available that
would allow for the restoration and preservation of the building, or
a part of it.
(b) If a building described in subdivision (a) is used for a
nontrust purpose, and is remodeled, renovated, or used in a manner
that is inconsistent with the Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings, the building shall be put to a public trust use from the
commencement of the inconsistent remodel, renovation, or use, unless
the continued nontrust use is authorized to continue under Section 14
of this act, if the agency is the trustee, or under the Burton Act,
if the city is the trustee.
(c) If a building described in subdivision (a) is demolished,
subsequent use of the land and any replacement structure shall be
consistent with the public trust and the applicable statutory trust.
SEC. 16. (a) The agency shall deposit all moneys collected by the
agency arising out of the use or operation of any of the trust lands,
including all revenues derived from leases or other rights to use or
occupy the lands, into a special fund maintained by the agency. The
agency shall use the money in or belonging to the fund only for uses
and purposes consistent with the public trust and the requirements of
this act.
(b) The agency shall prepare an annual statement of financial
conditions and operations and submit it to the commission each year
on or before October 1. The statement shall include a statement of
all revenues and expenditures related to trust lands and trust
assets, including obligations incurred, but not yet paid.
(c) The requirements of this section implement and do not
supersede the requirements of Section 6306 of the Public Resources
Code.
SEC. 17. (a) The agency may exchange portions of the trust lands
with a state agency, political subdivision, person, entity, or
corporation, or the United States or a political subdivision of the
United States, for other lands, if the agency determines, and the
commission adopts a resolution finding and declaring, all of the
following:
(1) The portions of the trust lands or interests in lands to be
exchanged out of the trust have been filled and reclaimed, are cut
off from access to the waters of San Francisco Bay and are no longer
in fact tidelands or submerged lands or navigable waterways, are
relatively useless for trust purposes, and constitute a relatively
small portion of the granted lands within the city.
(2) The lands or interests in lands to be acquired by the agency
have a monetary value equal to or greater than the value of the lands
for which they are to be exchanged and are useful for the particular
trust purposes authorized by this act.
(3) No substantial interference with trust uses and purposes,
including public rights of navigation and fishing, will ensue by
virtue of the exchange.
(4) The lands or interests in lands to be acquired by the agency
in the exchange will provide a significant benefit to the public
trust.
(5) The exchange is otherwise in the best interest of the state.
(b) Upon adoption of the resolution by the commission, the lands
conveyed by the agency shall be free from the public trust, and the
lands received by the agency in exchange shall be held subject to the
public trust and to the terms of this act.
(c) The exchange authority granted by this section shall be in
addition to, and shall not operate as a limitation on, the exchange
authority granted by Sections 20 to 25, inclusive, of this act.
SEC. 18. Upon written agreement between the agency and the city,
acting by and through its Port Commission, the agency may transfer to
the city some or all of the trust lands in which the agency holds
fee title, provided that the commission has approved the transfer.
All of the right, title, and interest granted to the agency under
this act in any lands transferred to the city under this section
shall, upon transfer, be granted to and vest in the city. The city
shall hold the
transferred lands subject to the public trust and shall assume
authority as trustee over those lands. Lands transferred to the city
pursuant to this section shall be subject to the Burton Act trust and
shall cease to be subject to the terms and conditions of this act,
except that Sections 13 and 15 of this act shall remain applicable to
those lands. Nothing in this section shall preclude the city from
including trust lands held by the city as part of an exchange
authorized by this act.
SEC. 19. (a) Notwithstanding the restriction on alienation in the
Burton Act or any other provision of law, upon approval by the
commission, the city may transfer to the agency some or all of the
Burton Act lands. All of the right, title, and interest granted to
the city under the Burton Act in any lands transferred to the agency
under this section shall, upon transfer, be granted to and vest in
the agency. The agency shall hold the transferred lands subject to
the public trust and the requirements of this act, and shall assume
authority as trust administrator over those lands. Lands transferred
to the agency under this section shall cease to be subject to the
Burton Act trust.
(b) Notwithstanding subdivision (a), no later than the date on
which the redevelopment plan terminates as to the entirety of the
project area or January 1, 2050, whichever is earlier, the agency
shall transfer any trust lands in which it holds fee title to the
city and the city shall become the sole grantee of the trust lands,
unless the commission approves a later date by which the agency shall
transfer trust lands to the city. The city shall hold the
transferred trust lands subject to the Burton Act trust and the lands
shall cease to be subject to the terms and conditions of this act,
except that Sections 13 and 15 of this act shall remain applicable to
those lands. This subdivision shall not apply to any trust lands for
which fee title is held by the state. This subdivision shall not
affect the rights and obligations of the agency pursuant to the
Community Redevelopment Law.
SEC. 20. The Legislature hereby approves an exchange of public
trust lands within the project area, whereby certain trust lands that
meet the criteria set forth in this act and therefore are not now
useful for public trust purposes will be freed from the public trust
and of the associated restrictions on use and alienation, and certain
other lands that are not now public trust lands and that are useful
for public trust purposes will be made subject to the public trust,
provided that the commission determines that the exchange furthers
the public trust and approves the exchange and that all of the
following conditions are met:
(a) The exchange results in a configuration of trust lands
substantially similar to that shown on the diagram in Section 25 of
this act.
(b) The lands to be subject to the public trust are configured so
as to be accessible from the streets as finally configured in the
project area.
(c) The exchange otherwise complies with the requirements of this
act.
(d) The exchange is consistent with and furthers the purposes of
the public trust and this act.
SEC. 21. All lands exchanged into the trust under this act shall
be held by the trustee subject to the public trust and the applicable
statutory trust, and all lands exchanged out of the trust under this
section shall be free of the public trust and the applicable
statutory trust.
SEC. 22. The precise boundaries of the lands to be taken out of
the trust and the lands to be put into the trust pursuant to the
exchange shall be determined by the trustee or trustees with
authority over the lands to be exchanged, subject to the approval of
the commission. The commission is authorized to settle by agreement
with the trustees any disputes as to the location of the mean high
tide line in its last natural state, the boundaries of tidelands
conveyed into private ownership pursuant to various statutes, and any
other boundary lines which the commission deems necessary to
effectuate the exchange.
SEC. 23. (a) The commission is authorized to approve an exchange
of public trust lands within the project area that meets the
requirements of this act. Pursuant to this authority, the commission
shall establish appropriate procedures for effectuating the exchange.
The procedures shall include, but are not limited to, provisions for
ensuring that lands or interests in lands at the shipyard are not
exchanged into the trust until either of the following has occurred:
(1) All remedial action necessary to protect human health and the
environment with respect to the hazardous substances on the land has
been completed as determined by the United States Environmental
Protection Agency, the California Department of Toxics Substances
Control, and the regional water quality control board, pursuant to
the Federal Facilities Agreement for the shipyard dated January 22,
1992, as amended, and the United States has provided a warranty in
accordance with Section 9620(h)(3)(A) of Title 42 of the United
States Code.
(2) The United States has obtained a warranty deferral, approved
by the Governor in accordance with Section 9620(h)(3)(C) of Title 42
of the United States Code, involving land for which the commission
has determined to execute a certificate of acceptance of title, and
the commission finds that sufficient liability measures and
implementation measures will be in place upon the completion of the
exchange. Prior to approving a warranty deferral, the Governor and
the Department of Toxic Substances Control, the regional water
quality control board, or other appropriate state oversight agency
with expertise in hazardous materials remediation shall confer and
consult with the commission to reasonably ensure that the terms of
the warranty deferral and underlying documents and agreements provide
sufficient standards and financial assurances to ensure that the
remediation of any affected trust lands will be completed in a manner
consistent with the intended public trust use of these lands and in
a reasonable period of time.
(b) The commission may not approve the exchange of any trust lands
unless it finds all of the following:
(1) The portions of the trust lands or interests in lands to be
exchanged out of the trust have been filled and reclaimed, are cut
off from access to the waters of San Francisco Bay and are no longer
in fact tidelands or submerged lands or navigable waterways, are
relatively useless for public trust purposes, and constitute a
relatively small portion of the granted lands within the city.
(2) The lands or interests in lands to be impressed with the
public trust have a monetary value equal to or greater than the
monetary value of the lands or interests in lands to be exchanged out
of the trust. In the event that the monetary value of the lands or
interests in lands to be exchanged out of the trust is greater than
the monetary value of the lands or interests in lands to be exchanged
into the trust, the commission may consider a deposit of funds into
the Land Bank Fund established pursuant to Section 8610 of the Public
Resources Code to be held solely for acquisition of property, in an
amount equal to the difference in value.
(3) No substantial interference with trust uses and purposes,
including public rights of navigation and fishing, will ensue by
virtue of the exchange.
(4) The lands or interests in lands impressed with the public
trust will provide a significant benefit to the public trust and are
useful for the particular trust purposes authorized by this act.
(5) The configuration of trust lands within the project area upon
completion of the exchange is substantially similar to the
configuration shown on the diagram in Section 25 of this act,
includes all lands within the project area that are presently below
mean high tide, and consists of lands suitable to be impressed with
the public trust.
(6) The final layout of streets in the project area will provide
access to the public trust lands and be consistent with the
beneficial use of the public trust lands.
(7) Streets and other transportation facilities located on public
trust lands shall be designed to be compatible with the public trust
and to serve primarily public trust purposes of access to shoreline
improvements and shoreline circulation rather than serving nontrust
purposes.
(8) Any surveys or legal descriptions required for the parcels in
conjunction with the exchange shall be approved by the commission.
(9) Each trustee who owns or will own fee title in any of the
lands to be exchanged has approved the exchange.
(10) The exchange otherwise complies with the requirements of this
act.
(11) The exchange is consistent with and furthers the purpose of
the public trust and this act.
(12) The exchange is otherwise in the best interest of the
statewide public.
(c) The commission may impose additional conditions on the
exchange authorized by this act if the commission determines that
these conditions are necessary to protect the public trust. At a
minimum, the commission shall ensure all of the following:
(1) The streets and other transportation facilities located on
trust lands are designed to be compatible with the public trust.
(2) The trust values of the hillside open space are preserved. To
this end, the commission shall ensure all of the following:
(A) The final trust configuration maintains reasonable public
pedestrian and vehicular access between the hillside open space and
the waterfront, and in addition, between the top of the hillside open
space and other areas of the city.
(B) View corridors are maintained and protected so that visitors
to the hillside open space can enjoy substantial vistas of San
Francisco Bay.
(C) Direct vehicular and pedestrian access from the lower portions
of the shipyard to the top of the hillside open space area is
provided.
(D) No liability to owners of adjacent upslope property, for
subjacent support or otherwise, is created by virtue of the trustee's
taking title to the hillside open space.
(E) No moneys from the trust fund described in Section 16 of this
act may be used to provide direct benefit to the residential
development or to other uses of the nontrust portion of the hilltop
area adjacent to the hillside open space, or to offset or mitigate
impacts caused by those uses.
(F) Street parking on the parkway adjacent to the top of the
hillside open space may not be restricted for residential parking and
shall remain accessible to the public for regional and statewide
use. In addition, adequate parking areas accessible to the public to
support regional and statewide use of the hillside open space shall
be dedicated in an area adjacent to the lower portion of the hillside
open space. Public access to the hillside open space and the
availability of parking accessible to the public shall be publicized
with appropriate signage.
(d) For purposes of effectuating the exchange authorized by this
section, the commission is authorized to do all of the following:
(1) Receive and accept on behalf of the state any lands or
interest in lands conveyed to the state by the parties to the
exchange agreement, including lands that are now and that will remain
subject to the public trust.
(2) Convey by patent all of the right, title, and interest of the
state in lands that are to be free of the public trust and applicable
statutory trust, upon completion of an exchange of lands as
authorized by this act and as approved by the commission.
(3) Convey to the trustee or trustees by patent all of the right,
title, and interest of the state in lands that are to be subject to
the public trust and the applicable statutory trust upon completion
of an exchange of lands as authorized by this act and as approved by
the commission, subject to the terms, conditions, and reservations as
the commission may determine are necessary to meet the requirements
of this act.
(4) Receive and accept from the department any lands or interests
in lands within the state recreation area, as it may be reconfigured
by the director pursuant to Section 26, that are to be subject to the
public trust upon completion of an exchange of lands as authorized
by this act and as approved by the commission.
(5) Transfer to the department any lands or interests in lands
within the state recreation area, as it may be reconfigured by the
director pursuant to Section 26, that are to be free of the public
trust upon completion of an exchange of lands as authorized by this
act and as approved by the commission.
(e) The exchange authorized by this section may include lands
adjacent to the project area to the extent consistent with the
purposes of this act and approved by the commission. Lands outside
the project area that are impressed with the trust as part of an
exchange authorized by this act shall be deemed trust lands for
purposes of this act.
(f) If the department holds an interest in any of the lands to be
received or conveyed by the exchange authorized by this section, the
department shall be a party to the exchange agreement.
(g) Nothing in this act shall be construed as conditioning or
otherwise limiting the authority of the state, the city, or the
agency to undertake a public trust exchange or other conveyance
authorized by any other provision of law, including, but not limited
to, Section 17 of this act.
SEC. 24. An exchange of public trust land pursuant to Section 23
of this act may proceed in multiple phases, provided that with
respect to each phase, the commission, in addition to the findings
required by Section 23 of this act, finds both of the following:
(a) The cumulative monetary value of all of the lands or interests
in lands exchanged into the trust in the proposed phase and
completed phases is equal to or greater than the cumulative monetary
value of all of the lands or interests in lands exchanged out of the
trust in the proposed phase and completed phases. If, in connection
with the approval of the exchange agreement or a completed phase of
the exchange, the commission has previously determined the value of
any lands that have been or are proposed to be exchanged, the
commission, for purposes of making the finding required by this
subdivision, shall utilize the value of those lands as previously
determined by the commission, adjusted for inflation using an
appropriate inflation index as determined by the commission.
(b) The lands or interests in lands exchanged into the trust at
each phase are configured in a way that furthers the purposes of the
overall exchange, including, but not limited to, having access to
streets as finally configured in the project area.
SEC. 25. The following diagram is a part of this act: [GRAPHIC
INSERT HERE: SEE PRINTED VERSION OF THE BILL] [GRAPHIC INSERT HERE:
SEE PRINTED VERSION OF THE BILL]
SEC. 25.2. If the commission has not approved the trust exchange
authorized by Section 23 of this act by January 1, 2020, Section 20
and Sections 22 to 25, inclusive, of this act shall terminate and
shall no longer be effective, unless an extension not to exceed five
years is approved by the commission.
SEC. 25.5. (a) For purposes of Section 3 of Article X of the
California Constitution, the Legislature hereby finds and declares
that the reserved streets in Candlestick Point were reserved to the
state solely for street purposes, and that those portions of the
reserved streets that are found by the commission to meet the
criteria set forth in paragraph (1) of subdivision (b) are no longer
useful or necessary for navigation purposes.
(b) The trustee may, pursuant to Section 3 of Article X of the
California Constitution, sell any portion of the reserved street
areas within Candlestick Point free of the public trust and the
applicable statutory trust. A sale made pursuant to this section
shall not be effective unless and until the commission, at a regular
open meeting with the proposed sale as a properly scheduled agenda
item, finds all of the following:
(1) The reserved street area has been filled and reclaimed, is cut
off from access to the waters of San Francisco Bay, and is no longer
needed or required for the promotion of the public trust, and no
substantial interference with the public trust uses and purposes will
ensue by virtue of the sale.
(2) Termination of the trust in the reserved street area occurs in
conjunction with or subsequent to a land exchange authorized by this
act and approved by the commission.
(3) Termination of the trust in the reserved street area is
substantially consistent with the proposed trust land configuration
depicted in Section 25 of this act, as finally approved by the
commission.
(4) The trustee will receive consideration for the sale equal to
or greater than the fair market value of the land or interest sold.
(c) Any moneys received by the trustee for a sale pursuant to this
section shall be deposited in a separate account in the fund
required by Section 16 of this act or Section 4 of the Burton Act,
and shall be expended only for acquisition of lands by the trustee or
public access improvements on trust lands, or other uses and
purposes consistent with the public trust and applicable statutory
trust as determined by the commission. The funds in the special
account may not be expended for overhead or administration costs by
the trustee.
(d) The total reserved street area sold pursuant to this section
shall not be more than 20 percent of the total reserved street areas
in Candlestick Point.
(e) For purposes of this section, the term "sale" includes,
without limitation, a sale, lease, transfer, or other conveyance of
land or interest in land.
(f) Nothing in this section shall be construed as imposing
additional requirements or limitations on the conveyance of reserved
street areas free of the public trust and applicable statutory trust
as part of an exchange authorized by this act or otherwise authorized
by law.
(g) The Legislature hereby finds that the conditions set forth in
this section will protect the public interest in accordance with
Section 3 of Article X of the California Constitution.
SEC. 26. (a) The Legislature hereby approves a reconfiguration of
the state recreation area in substantial conformance with the diagram
included as Section 27 of this act, provided that the requirements
of this section are met. Notwithstanding any other provision of law,
the director may authorize the removal of land from the state
recreation area, and may enter into an agreement to convey to the
agency or the city an interest in the state property so removed,
provided that the director makes in writing all of the following
findings:
(1) (A) The state will receive consideration consisting of
the forms set forth in paragraph (2) and having a value that
equals or exceeds the greater of either of the following:
(i) The fair market value of the state property
conveyed.
(ii) Forty million dollars ($40,000,000)
Fifty million dollars ($50,000,000) . If the state property is
to be conveyed in phases pursuant to paragraph (3) of subdivision
(g) (h) , the minimum consideration
under this clause shall be prorated for the state property conveyed
at each phase, in proportion to the total area of state property to
be conveyed under the agreement.
(B) The consideration referenced in clause (ii) of subparagraph
(A) is not intended to be reflective of the fair market value of the
property and shall not be used as a basis for determining value in
any appraisal of the property.
(2) The form of consideration for the state property conveyed
pursuant to paragraph (1) shall consist
consists of the following:
(A) The provision of future funding for the operation and
maintenance of all or part of the state recreation
area.
(B) The cost of planning and constructing improvements to the
state recreation area that enhance its use as a public park, which
may include, without limitation, walking and biking trails, picnic
facilities, recreational equipment, piers, overlooks, visitor
centers, amphitheaters, entryways, restrooms, concession facilities,
site furnishings, landscaping, habitat restoration, infrastructure,
and improvements to protect the state recreation area from the
effects of sea level rise , provided that these sea level rise
improvements primarily benefit the state recreation area .
(C) Land within the project area to be added to the state
recreation area.
(D) The amount of any reimbursement paid to the state by or on
behalf of the city or the agency for the state's legal,
transactional, planning, or other costs associated with actions
carried out pursuant to this section.
(E) Monetary consideration, if determined appropriate by the
director ; and if the monetary consideration
received under this paragraph is dedicated and used for planning,
improvement, maintenance, or operation of the state recreation area.
(3) The agreement will provide an overall benefit to the state
recreation area and will further the objective of preserving the
park's natural, scenic, cultural, and ecological values for present
and future generations .
(4) The reconfiguration of the state recreation area will
substantially conform to the configuration shown on the diagram
included as Section 27 of this act , and as more particularly
illustrated on the map on file with the city's planning department
entitled "Proposed State Park Land Exchange" and dated September 3,
2009, for the area depicted on the map ; provided, however,
that the director may agree to additional modifications of the park
configuration if the modifications are consistent with the overall
financial feasibility of the project and the director determines that
the modifications are necessary to fulfill the state recreational
purposes of the state recreation area, taking into account public
access, circulation and parking needs; wildlife habitat values;
future sea level rise and the proposed responses thereto; and other
relevant factors.
(5) The project, including the reconfiguration of the state
recreation area, will not result in a significant adverse effect on
biological resources, and will include habitat enhancement measures
to benefit migratory birds and other wildlife. In making this
determination, the director shall take into consideration any
mitigation measures incorporated into the project during the
environmental review process pursuant to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code).
(6) Any applicable requirements of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. Sec. 460l-4 et seq.) have been
satisfied.
(7) It is the intent of this act that approximately 20 percent of
the total consideration value required by paragraph (1) be in the
form of operation and maintenance funding pursuant to subparagraph
(A) of paragraph (2). If the agreement contains a lower amount of
operation and maintenance funding, the director shall provide a
report to the Legislature explaining the reasons for determining that
the lower amount is appropriate in light of the overall benefits of
the agreement.
(b) The director shall modify the boundaries of the state
recreation area as necessary to reflect any conveyances made pursuant
to this section.
(c) Notwithstanding any other provision of law, the director, on
behalf of the department, and the commission, may acquire, convey, or
transfer real property pursuant to the agreement authorized by this
section, provided that the other requirements of this section are
met, and the fair market value of any real property acquired or
transferred has been determined by an appraisal prepared by the
commission , prepared by an independent appraiser certified
by the Office of Real Estate Appraisers pursuant to Part 3
(commencing with Section 11300) of Division 4 of the Business and
Professions Code, and or an appraisal approved by
the commission or the Real Estate Services Division of the
Department of General Services and prepared by an independent
appraiser certified by the Office of Real Estate Appraisers pursuant
to Part 3 (commencing with Section 11300) of Division 4 of the
Business and Professions Code . For purposes of compliance with
this subdivision, the director may rely on an appraisal prepared in
connection with a trust exchange authorized by this act.
(d) If the commission holds an interest in any of the lands to be
removed from the state recreation area, the commission shall be a
party to any agreement authorized by this section.
(e) The agreement authorized by this section may be combined with
a trust exchange agreement authorized by this act. Pursuant to a
trust exchange agreement, the department may transfer to the
commission any lands or interests in lands within the reconfigured
state recreation area that are to be subject to the public trust, and
may receive and accept from the commission lands within the
reconfigured state recreation area that are to be free of the public
trust. Notwithstanding any other provision of law, the commission may
lease to the department for state park purposes any trust lands it
owns within the reconfigured state recreation area for a term not
exceeding 66 years.
(f) The requirements of this section shall govern an agreement
entered into, or conveyance made pursuant to the agreement, and shall
supersede any other provision of law pertaining to the department's
authority to acquire or transfer real property, or to enter into an
agreement to acquire or transfer real property, including, but not
limited to, Article 1 (commencing with Section 11000) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code, Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code, and Chapter 1 (commencing with Section 5001) and
Chapter 1.695 (commencing with Section 5096.500) of Division 5 of the
Public Resources Code , or as those provisions may be hereafter
amended .
(g) Notwithstanding anything to the contrary in Section 5002.2 of
the Public Resources Code, the department is not required to revise
the general plan for the state recreation area prior to taking any
action pursuant to this section, including, but not limited to, the
approval of an agreement authorized by this section, the acquisition,
conveyance or transfer of interests in real property pursuant to
such agreement, or the modification of the state
recreation area boundary. Nothing in this
subdivision act shall be construed as
exempting the development of new facilities within the state
recreation area from compliance with the general plan revision
requirements of Section 5002.2 of the Public Resources Code.
(h) (1) Neither the director, on behalf of the department, nor the
commission shall convey out-of-state ownership an interest in land
within the state recreation area pursuant to this section prior to
the receipt by the state of consideration meeting the value
requirements of paragraph (1) of subdivision (a), except as provided
in this subdivision.
(2) For consideration in the form of construction of future park
improvements or in the form of the provision of future funding for
operation and maintenance, a binding and enforceable commitment to
construct the improvements or to provide the funding shall be deemed
to satisfy the requirements of this subdivision if the director
determines that adequate financial assurances have been provided to
ensure that work will be completed or the funds will be provided, as
specified in the agreement. Financial assurances under this paragraph
may include, without limitation, performance or other surety bonds,
insurance, or financial guarantees.
(3) (A) The agreement may provide for phased conveyances if the
total consideration received by the state, or committed in accordance
with paragraph (2) of this subdivision, at or before each phase
meets the value requirements of paragraph (1) of subdivision (a) with
respect to the state property conveyed in that phase and any prior
phases. For purposes of implementing this paragraph, if the
consideration is based on fair market value, the director shall use
the fair market value of the state recreation area lands as
determined by the director at the time the agreement is approved.
(B) If the agreement provides for phased conveyances, the
consideration tendered to the state at each phased closing may be in
any of the forms set forth in paragraph (2) of subdivision (a), or
any combination of those forms, as may be established by the
agreement, if the agreement requires consideration meeting all of the
requirements of paragraph (2) of subdivision (a) to be tendered
prior to the final closing. For purposes of this subparagraph, final
closing means a closing after which all of the state property within
the state recreation area to be conveyed under the agreement will
have been conveyed.
(i) Any monetary consideration received by the department pursuant
to an agreement authorized by this section shall be deposited in a
separate account maintained by the department and shall be expended
only for planning, improvement, maintenance, or operation of the
state recreation area.
(j) In order to allow public review of and comment on the findings
required by subdivision (a), the director shall cause proposed
findings to be published in the California Regulatory Notice Register
no less than 30 days prior to making final findings. The director
shall also cause the final findings to be published in the California
Regulatory Notice Register.
SEC. 27. The following diagram is a part of this act: [GRAPHIC
INSERT HERE: SEE PRINTED VERSION OF THE BILL] [GRAPHIC INSERT HERE:
SEE PRINTED VERSION OF THE BILL]
SEC. 27.5. Nothing in this act shall be construed as requiring the
director or the commission to enter into any agreement authorized by
this act.
SEC. 28. (a) The Legislature finds that the lands conveyed to the
city pursuant to the 1958 Act have been cut off from water access,
are relatively small in area, have been filled and reclaimed as part
of a highly beneficial program of harbor development, and are no
longer useful for public trust purposes. The Legislature further
finds and confirms that the lands conveyed pursuant to the 1958 Act
are free from the public trust.
(b) The Legislature finds and declares that the project will
further the important statewide interests in redevelopment, the
elimination of blight, the provision of affordable housing
opportunities, the generation of new sales tax revenues, property
taxes and other tax revenues to the state and state agencies, the
creation of thousands of new jobs, and enhanced access of the public
to use and enjoy the state recreation area, and that the development
of the project will further the statewide purposes contemplated in
Section 3 of the 1958 Act. The Legislature further finds and declares
that it is necessary and in furtherance of important statewide
interests for any restrictions or other encumbrances on title arising
from Section 3 of the 1958 Act to be eliminated so as to facilitate
disposition of property within the project area in furtherance of
development of the project.
(c) At the request of the city or the agency, the executive
officer of the commission shall, on behalf of the state, reasonably
cooperate with the requesting parties to cause to be prepared and
recorded any necessary deeds, patents, agreements, or other
instruments for the purpose of removing any deed restrictions or
other encumbrances on title arising from Section 3 of the 1958 Act.
SEC. 29. Section 3 of Chapter 2 of the Statutes of 1958 of the
First Extraordinary Session is repealed.
SEC. 30. Chapter 1046 of the Statutes of 1998 is repealed.
SEC. 31. An exchange or other agreement made pursuant to this act
is hereby found to be of statewide significance and importance.
Therefore, no ordinance, charter provision, or other provision of
local law inconsistent with this act applies to that exchange or
agreement.
SEC. 31.5. (a) Notwithstanding any other provision of law, the
requirements of subdivision (f) of Section 10310 of Title 14 of the
California Code of Regulations shall be deemed satisfied for any part
of the project requiring a San Francisco Bay Conservation
and Development Commission (BCDC) BCDC permit if
the agency submits in a form acceptable to the
BCDC an approved development and disposition agreement for the
project, any required amendments to the redevelopment plan, and city
final approval of all conforming amendments to the city's general
plan, planning code, and zoning maps.
(b) Notwithstanding any other provision of law, the requirement of
subdivision (g) of Section 66605 of the Government Code and of
Section 11721, Appendix F of Title 14 of the California Code of
Regulations, that an applicant for a BCDC permit demonstrate adequate
legal interest in the underlying property shall be deemed satisfied
if the agency submits in a form acceptable to the
BCDC an agreement authorized by Section 23 or 26 of this act,
provided the agreement is fully executed, all parties with an
interest in the property are parties to the agreement, and the terms
of the agreement allow the applicant to undertake the proposed
construction and uses for which the permit is sought.
(c) This section does not affect the BCDC's
jurisdiction and authority, or its discretion to approve, disapprove,
or condition a permit application subject to this section in
accordance with applicable law.
SEC. 32. (a) Nothing in this act may be construed to nullify the
city or the agency's obligations for increasing, improving, and
preserving the community's supply of low- and moderate-income housing
imposed by the Community Redevelopment Law, including, but not
limited to, the requirements of Sections 33334.2 and 33413 of the
Health and Safety Code.
(b) Nothing in this act shall be construed as creating an
exemption from or in any way modifying the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
SEC. 33. Nothing in this act may be construed to authorize
residential uses or other nontrust uses on public trust land except
as provided in Sections 14 and 15.
SEC. 33.5. This act shall not be construed as creating a cloud on
title to any real property within the project area in which the state
has no claim of interest.
SEC. 34. A deed, patent, agreement, or other instrument executed
in furtherance of this act, or an action of the city, state, or
agency, to approve the use, lease, or conveyance of a city, state, or
agency property subject to this act, or any portion thereof, or to
approve project agreements, grant entitlements or permits, or issue
bonds or other indebtedness in connection with the use and
development of that property, shall be conclusively presumed to be
valid unless held to be invalid in an appropriate proceeding in a
court of competent jurisdiction to determine the validity of the
agreement commenced within 60 days after the recording of the
agreement.
SEC. 35. (a) An action may be brought under Chapter 4 (commencing
with Section 760.010) of Title 10 of Part 2 of the Code of Civil
Procedure to establish title to any lands conveyed pursuant to this
act, or by the parties to any agreement entered into pursuant to this
act to confirm the validity of the agreement. Notwithstanding
Section 764.080 of the Code of Civil Procedure, the statement of
decision in the action shall include a recitation of the underlying
facts and a determination as to whether the conveyance or agreement
meets the requirements of this act, Sections 3 and 4 of Article X of
the California Constitution, if applicable, and any other law
applicable to the validity of the agreement.
(b) For purposes of Section 764.080 of the Code of Civil Procedure
and unless otherwise agreed in writing, an agreement entered into
pursuant to this act shall be deemed to be entered into on the date
it is executed by the executive officer of the commission, or, if the
commission is not a party, by the director, who shall be the last of
the parties to sign prior to the signature of the Governor. The
effective date of the agreement shall be deemed to be the date on
which it is executed by the Governor pursuant to Section 6107 of the
Public Resources Code.
(c) An action may be brought under Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to
determine the legality and validity of a deed, patent, agreement, or
other instrument executed in furtherance of or authorized by this
act, or an action of the city or agency to use, lease, or convey any
property, or to approve project agreements, grant entitlements or
permits, or issue bonds or other indebtedness in connection with the
use and development of that property. Before the filing of an action,
the Attorney General, the director, and the executive officer of the
commission shall be provided written notice of the action and a copy
of the complaint. An action authorized by this subdivision may be
combined with an action authorized by subdivision (a).
SEC. 36. If a provision of this act, or its application to a
person, property, or circumstance, is held invalid by a court, the
invalidity or inapplicability of that provision shall not affect any
other provision of this act or the application of that provision to
any other person, property, or circumstance, and the remaining
portions of this act shall continue in full force and effect, unless
enforcement of this act as so modified by and in response to that
invalidation would be grossly inequitable under all of the
circumstances, or would frustrate the fundamental purposes of this
act.
SEC. 37. It is the intent of the Legislature that
the department shall give strong consideration to keeping open
Candlestick Park State Recreation Area any time the department
undertakes the process of identifying state parks or state recreation
areas for closure, whether seasonal, partial, full, or otherwise.
This consideration is based upon the funding provided in Section 26
for operation and maintenance of Candlestick Park State Recreation
Area.
SEC. 37. SEC. 38. The Legislature
finds and declares that, because of the unique circumstances
applicable only to the lands described in this act, a statute of
general applicability cannot be enacted within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution. Therefore, this special statute is necessary.