BILL ANALYSIS �
SB 1424
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Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 1424 (Wolk) - As Amended: June 18, 2014
SENATE VOTE : 37-0
SUBJECT : State property: tidelands transfer: City of Martinez.
SUMMARY : Grants, in trust, the state's tide and submerged lands
located at the Martinez Marina to the City of Martinez (City)
subject to the public trust doctrine and other terms, as
specified. Specifically, this bill :
1)Repeals the 1976 public trust land grant to the City and
grants the same lands back to the City with the addition of
the public trust lands located at the Martinez Marina.
2)Authorizes the City to lease public trust lands under
specified conditions.
3)Requires that the trustee submit to the Commission a trust
lands use plan describing any proposed development,
preservation, or other use of the trust lands by January 1,
2020, and a report of its utilization of trust lands by
September 30, 2025, and every five years thereafter.
4)Requires the trustee to comply with existing law that
specifies the administration and control generally of
tidelands, and requires the annual statement and standardized
reporting form required to be filled out pursuant to that
section of existing law to also include a summary explaining
how the trustee is using trust revenues to revitalize the
Martinez Marina and prevent its closure.
5)Before expending trust revenues for a single capital
improvement on the trust lands involving an amount in excess
of $250,000, requires the City to obtain approval from the
Commission, as specified.
6)Provides a revenue sharing plan between the state and the City
on all gross revenues generated from the trust lands.
7)Provides that no reimbursement is required by this act because
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a local agency or school district has the authority to levy
service charges, fees, or assessment sufficient to pay for the
program or level of service mandated by this act.
EXISTING LAW :
1)Protects, pursuant to the common law public trust doctrine,
the public's right to use California's waterways for
water-dependent commerce, navigation, fishing, boating,
natural habitat protection, and other water-oriented
activities. Establishes, pursuant to the public trust
doctrine, that filled and unfilled tide and submerged lands
and the beds of lakes, streams, and other navigable waterways
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. Gives
the Commission direct administrative control over the state's
public trust lands and oversight authority over public trust
lands granted by the Legislature to local public agencies.
3)Grants, in trust, state public trust lands to over 80 local
public agencies (local trustees) 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 has been granted certain public trust lands within
its city boundaries.
FISCAL EFFECT : According to the Senate Appropriations
Committee, there are:
1)Unknown costs, likely a maximum of $15,000 annually from the
General Fund and the Land Bank Fund for forgone
revenue-sharing and lease revenue until 2021.
2)Unknown revenues to the General Fund and the Land Bank Fund
after 2021 as a result of the revenue-sharing agreement.
3)Annual costs, likely minor, to the General Fund to the
Commission for administrative and oversight duties. These
costs are to be reimbursed by the City.
COMMENTS :
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1)Public trust lands . For over 100 years, the Legislature has
granted public trust lands to local trustees so the lands can
be managed locally for the benefit of the people of
California. There are over 80 trustees in the state,
including the ports of Los Angeles, Long Beach, San Diego, San
Francisco, Oakland, Richmond, Benicia, and Eureka. While
these trust lands are managed locally, the Commission has
oversight authority to ensure those local trustees are
complying with the Public Trust Doctrine and the applicable
granting statutes.
2)Background on Martinez Marina . In 1976, the Legislature
granted, in trust, three public trust parcels to the City.
This bill will repeal the legislative trust grant of these
three parcels and enact a new grant to the City that includes
the three parcels (on updated grant terms) and an additional
fourth parcel, which is generally known as the Martinez
Marina.
The Martinez Marina consists of ungranted public trust lands
that the Commission has leased to the City for the operation
and maintenance of the marina. Presently, silt flowing
through the gaps in the marina's dilapidated eastern
breakwater wall has rendered the eastern portion of the marina
unusable, resulting in a significant decrease in revenue. The
deteriorating conditions at the marina have hampered the
City's ability to revitalize the Marina and prevent its
closure.
3)Purpose of this bill . To help address these circumstances and
turn the Marina into a productive resource, this bill proposes
to transfer the Marina to the City with terms that will allow
the City to use revenues from the land to restore the Marina.
This bill is sponsored by the City of Martinez.
4)Author's statement . According to the author, "SB 1424 will
provide the City of Martinez a new land grant statute
encompassing four parcels of land, including the City Marina.
Granting these lands to the City will help facilitate the
Marina's revitalization and development of those parcels
subject to the terms of the grant. The current lease between
the City and the State Lands Commission for the Marina itself
preclude the City from pursuing long term opportunities to
redevelop the Marina which would improve the revenue stream."
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5)Arguments in support . Supporters argue that the Marina is an
integral part of the shoreline experience that many residents
of the region enjoy on a regular basis, and that SB 1424 will
help maintain and preserve the Marina for the enjoyment and
use by residents, businesses, and public service agencies.
6)Arguments in opposition . None on file.
7)Double-referral . This bill was heard by the Natural Resources
Committee on June 16, 2014, where it passed with a 9-0 vote.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Martinez [SPONSOR]
California State Lands Commission
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958