BILL ANALYSIS �
AB 1847
Page 1
Date of Hearing: March 26, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1847 (Lowenthal) - As Amended: March 19, 2012
SUBJECT : City of Long Beach: grant of public trust lands
SUMMARY : Grants in trust to the City of Long Beach (City) all
the right, title, and interest of the state in public trust
lands known as the Bixby Park Public Trust Parcels, the Colorado
Lagoon Public Trust Parcels, and the Marine Stadium Channel
Public Trust Parcels.
EXISTING LAW:
1) Protects, pursuant to the common law Public Trust
Doctrine, the public's right to use California's waterways
for commerce, navigation, fishing, boating, natural habitat
protection, and other water oriented activities. The
Public Trust Doctrine provides that filled and unfilled
tide and submerged lands and the beds of lakes, streams,
and other navigable waterways (i.e. public trust lands) are
to be held in trust by the state for the benefit of the
people of California.
2) Requires the State Lands Commission (Commission) to be
the steward and manager of the state's public trust lands.
The Commission has direct administrative control over the
state's public trust lands and oversight authority over
public trust lands granted by the Legislature to local
governments.
3) Authorizes the Commission to lease public trust lands,
enter into boundary line agreements, and, in limited
circumstances, exchange public trust lands for non-trust
lands.
4) Granted state public trust lands to over 80 local public
agencies (a.k.a. local trustees/grantees) to be managed for
the benefit of all the people of the state and pursuant to
the Public Trust Doctrine and terms of the applicable
granting statutes. The City was granted certain public
trust lands pursuant to Chapter 676, Statutes of 1911,
Chapter 102, Statutes of 1925, Chapter 158, Statutes of
AB 1847
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1935, and Chapter 138, Statutes of 1964.
THIS BILL:
1)Grants in trust to the City all the right, title, and interest
of the state in public trust lands known as the Bixby Park
Public Trust Parcels, the Colorado Lagoon Public Trust
Parcels, and the Marine Stadium Channel Public Trust Parcels
(collectively referred to as the "Public Trust Parcels").
2)Terminates the leases issued from the State Lands Commission
to the City for the Public Trust Parcels.
3)Requires the City to hold, operate, and manage, in trust for
the benefit of the statewide public, the Public Trust Parcels
in accordance with the common law Public Trust Doctrine and
the terms, trusts, and conditions pursuant to Chapter 676 of
the Statutes of 1911, Chapter 102 of the Statutes of 1925,
Chapter 158 of the Statutes of 1935, and Chapter 138 of the
First Extraordinary Session of the Statutes of 1964, as
amended.
FISCAL EFFECT : Unknown
COMMENTS : For over 100 years, the Legislature has granted
public trust lands to local public agencies so the lands can be
managed locally for the benefit of the people of California.
Virtually all grants have been made by non-codified statutes. A
granting statute generally explains what lands have been granted
and how they are to be managed by the grantee. Without a
tideland grant, the Commission has direct authority to lease or
otherwise manage public trust lands within the jurisdiction of a
local public agency.
In 1911, the Legislature granted to the City all filled and
unfilled public trust lands within the City's boundaries. The
grant required the lands and revenues therefrom to be used by
the City solely for the establishment, improvement, and
construction of a harbor, and for the construction, maintenance,
and operation of wharves, docks, piers, slips, quays, and other
utilities, structures, and appliances necessary or convenient
for the promotion and accommodation of commerce and navigation.
This grant was significant because it allowed for the
development of the Port of Long Beach.
AB 1847
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On June 23, 2011, the Commission approved a title settlement and
land exchange agreement with the City in which the Commission
received the Public Trust Parcels, which include 38.37 acres of
land consisting of 1) a bluff-top park, adjacent to existing
public trust land, fronting the Pacific Ocean (the Bixby Park
Public Trust Parcels); 2) a tidal lagoon and surrounding beach
that was sold into private ownership over one hundred years ago
(the Colorado Lagoon Public Trust Parcels); and, 3) an open
space area that is proposed to become an open channel that will
not only provide wetland habitat but also return tidal flow to
the lagoon (the Marine Stadium Channel Public Trust Parcels).
The Commission determined that these parcels have significant
public trust value based on their location, history, and current
and proposed uses.
In exchange for the Public Trust Parcels, the Commission
terminated the public trust in one 10.24-acre parcel that had
been filled and reclaimed and is physically separated from the
water by 550 feet of fill, bulkheads, and lanes of Shoreline
Boulevard--the Commission determined that this parcel was
relatively useless for public trust purposes. The Commission
then transferred the 10.24-acre parcel to the City in fee
simple.
Since the Public Trust Parcels are not part of any previous
legislative grant, the Commission has administrative control
over the parcels. Rather than directly manage the lands, the
Commission has issued 49 year leases to the City. These leases
allow the City to manage and spend local trust revenues to
improve the lands. This bill will grant the Public Trust
Parcels to the City, thus bringing these lands into the same
management as the rest of the City's granted public trust lands.
With this grant, it is no longer necessary for the City to have
leases with the Commission for these lands.
This bill is dual referred and will be heard in the Local
Government Committee should it pass out of Natural Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
State Lands Commission (sponsor)
AB 1847
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City of Long Beach
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092