BILL ANALYSIS �
SB 1577
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Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 1577 (Committee on Natural Resources and Water) - As
Amended: June 20, 2012
SENATE VOTE : 37-0
SUBJECT : Resources: public trust lands: City of Newport Beach.
SUMMARY : Grants in trust to the City of Newport Beach (City)
10.3 acres of public trust lands, as specified.
EXISTING LAW grants to the City of Newport Beach all tide and
submerged lands, whether filled or unfilled, bordering upon and
under the Pacific Ocean or Newport Bay, as described, subject to
specified conditions.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)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 tidelands grant, the State Lands Commission (SLC)
has direct authority to lease or otherwise manage public trust
lands.
On September 1, 2011, SLC approved a boundary line agreement
with the City. The purpose of the agreement was to settle a
title dispute concerning certain lands located in Marina Park
in the Lower Newport Bay. The agreement confirmed the public
trust interest on 10.3 acres of land bayward of the
established boundary line and terminated any public trust
interest landward of that line. These 10.3 acres are not
subject to the City's previous legislative grant of public
trust lands. As such, SLC has administrative authority over
the land. SLC has leased the public trust lands to the City
SB 1577
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for a period of 49 years. The City has plans to use the
public trust lands to develop an expanded marina, sailing
center, parking lot, public access paths, American Legion
facilities, aquatic beachfront park, and open space for
water-related recreation. These uses are all consistent with
the public trust doctrine.
2)This bill will grant 10.3 acres of public trust lands 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.
The bill is sponsored by the State Lands Commission.
3)The title settlement and land exchange agreement was approved
by the SLC on September 1, 2011 and signed by the Governor on
January 13, 2012. The agreement includes a provision that the
Commission and the City will pursue legislation to include the
required public trust parcel in the city's statutory trust
grant.
4)Support arguments : This bill fulfills the title settlement
and land exchange agreement to pursue legislation by including
the final public trust parcel in the City of Newport Beach's
statutory trust grant.
Opposition arguments : None on file.
5)This bill was double-referred to the Assembly Natural
Resources Committee and heard on June 18, 2012. The bill
passed on a 9-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
Stand Lands Commission �SPONSOR]
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
SB 1577
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