Bill Text: CA AB729 | 2015-2016 | Regular Session | Amended
Bill Title: San Diego Unified Port District: territory held in trust.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB729 Detail]
Download: California-2015-AB729-Amended.html
BILL NUMBER: AB 729 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
INTRODUCED BY Assembly Member Atkins
FEBRUARY 25, 2015
An act to amend Section 5.5 of add Section
5.7 to the San Diego Unified Port District Act (Chapter 67 of
the First Extraordinary Session of the Statutes of
1962, First Extraordinary Session), 1962),
relating to the San Diego Unified Port District.
District, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 729, as amended, Atkins. San Diego Unified Port District:
territory held in trust.
Existing
(1) Existing law authorizes the
establishment of the San Diego Unified Port District for the
acquisition, construction, maintenance, operation, development, and
regulation of harbor works and improvements for the harbor of San
Diego and for the promotion of commerce, navigation, fisheries, and
recreation. Existing law specifies the territory to be included in
the district and grants and conveys in trust to the San Diego Unified
Port District in the County of San Diego all the right, title, and
interest of the State of California acquired by the state pursuant to
specified deeds. Existing law requires the State Lands
Commission to manage specified public lands in the state, including
tidelands and submerged lands. Existing law further establishes the
Land Bank Fund in the State Treasury, and continuously appropriates
moneys in the fund to the commission for expenditure for
specified purposes related to land management, the preservation of
open space, habitat for plants and animals, and public access.
This bill would make nonsubstantive changes in those
provisions pertaining to the territory held in trust by the San Diego
Unified Port District. grant in trust to the district
certain additional tidelands and submerged lands held by the state
within the San Diego Bay, subject to certain terms and conditions, as
prescribed. The bill would require the district, by June 30, 2017,
and at the end of every fiscal year thereafter, to transfer to the
State Lands Commission specified amounts of the revenues generated on
those granted tidelands and submerged lands, and would require the
commission to allocate those revenues to the Treasurer for deposit in
the General Fund and the Land Bank Fund for management of the
commission's granted lands program. By authorizing the deposit of
additional moneys into a continuously appropriated fund, the bill
would make an appropriation. The bill would require the commission,
on or before July 1, 2019, to survey, monument, plat, and record or
file with the Office of the County Recorder of the County of San
Diego the area of tidelands and submerged lands granted pursuant to
the bill. By imposing new duties on the district with
regard to the management of, and accounting and transfer of funds
from, those granted lands, the bill would impose a state-mandated
local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no yes . Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature
that this act shall not affect any existing responsibility of the
state or the San Diego Unified Port District for any pollution or
contamination that may exist in the territory granted to the district
pursuant to this act, at the time of the grant .
SEC. 2. Section 5.7 is added to the San
Diego Unified Port District Act (Chapter 67 of the First
Extraordinary Session of the Statutes of 1962), to read:
Sec. 5.7. (a) There is hereby granted in trust to the district all
the right, title, and interest of the State of California, held by
the state by virtue of its sovereignty, in and to all those remaining
tidelands and submerged lands not previously granted, whether filled
or unfilled, within the San Diego Bay.
(b) The district shall own, operate, and manage the public trust
lands granted pursuant to subdivision (a) in accordance with the same
terms, trusts, and conditions as the tide and submerged lands
otherwise granted under this act.
(c) (1) (A) (i) By June 30, 2017, the district shall transfer to
the State Lands Commission the initial sum of two hundred thirty-four
thousand five hundred thirty-eight dollars ($234,538) from the
revenues generated on the lands granted pursuant to subdivision (a).
This initial amount is based on the estimated gross annual revenues
generated, as of June 30, 2017, from the lands granted pursuant to
subdivision (a).
(ii) By June 30, 2018, and at the end of each fiscal year
thereafter, the initial sum required to be transferred pursuant to
clause (i) shall be adjusted according to the change in the Consumer
Price Index, and that adjusted amount shall be transferred to the
State Lands Commission.
(B) If the gross annual revenues generated by the lands granted
pursuant to subdivision (a) exceed the amount required to be
transferred to the commission pursuant to subparagraph (A), the
district shall, in addition, transfer to the State Lands Commission
20 percent of the total amount of the excess annual gross revenues.
(C) Notwithstanding subparagraph (B), the State Lands Commission
may, at its discretion and at a properly noticed public meeting,
enter into different revenue sharing agreements, upon proposal by the
district, if it finds that the agreement will provide a significant
benefit to the public trust and is in the best interests of the
state.
(2) Upon receipt of the moneys pursuant to paragraph (1), the
State Lands Commission shall allocate 80 percent to the Treasurer for
deposit in the General Fund, and 20 percent to the Treasurer for
deposit in the Land Bank Fund for expenditure, pursuant to Division 7
(commencing with Section 8600) of the Public Resources Code, for
management of the commission's granted lands program.
(d) On or before July 1, 2019, the State Lands Commission shall
survey, monument, plat, and record or file with the Office of the
County Recorder of the County of San Diego the area of tidelands and
submerged lands granted to the district pursuant to subdivision (a).
The district shall reimburse the State Lands Commission for its
surveying expenses and shall pay all costs of the survey and
recordation.
(e) The requirements of Section 6359 of the Public Resources Code
do not apply to the trust lands granted pursuant to this section.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 5.5 of the San Diego Unified
Port District Act (Chapter 67 of the Statutes of 1962, First
Extraordinary Session), is amended to read:
SEC. 5.5. (a) There is hereby granted and conveyed in trust to the
San Diego Unified Port District in the County of San Diego all the
right, title, and interest of the State of California, except as
hereafter reserved and upon those conditions that are specified in
subdivision (c), acquired and held by the state pursuant to an
agreement and deeds identified as Documents Number 1999 0845732, 1999
0845736, and 1999 0845737, recorded December 30, 1999, Official
Records, San Diego County, and that are further described as follows:
(1) Parcel No. 1, which consists of that portion of the southwest
quarter of the southwest quarter of quarter Section 163 and that
portion of the northwest quarter of the northwest quarter of quarter
Section 164 of Rancho De La Nacion in the City of Chula Vista, County
of San Diego, State of California, according to map thereof no. 166
filed in the Office of the County Recorder of San Diego County May
11, 1869, and all of lots 7, 8, 9, 10, and 11 and those portions of
lots 1, 2, 3, 4, 5, 6, 12, 13, 14, and 15 in block "B" of
resubdivision of Bay Villa Tract, according to map thereof no. 1198,
filed in the Office of the County Recorder of San Diego County August
6, 1909. Together with those portions of Walnut Street adjoining
said block "B" on the west and the alley lying within said block "B"
and that portion of "I" Street lying within said quarter Sections 163
and 164 as vacated and closed to public use by resolution of the
City Council of the City of Chula Vista recorded August 12, 1971, as
file no. 179188 of official records described as a whole as follows:
Beginning at a point on the southerly line of said quarter Section
163, distance thereon 20.00 feet easterly from the southwest corner
thereof; thence north 17 46´58? west on a line
20.00 feet easterly from and parallel with the westerly line of said
quarter Section 163, a distance of 1282.11 feet to a point on the
southerly line of "H" Street as shown on said map no. 1198; thence
along said southerly line north 72 12´15? east
19.89 feet to a point on the westerly line of that land conveyed to
the State of California (Caltrans) by deed recorded August 1, 1968,
as file no. 130106 of official records; thence along the westerly
boundary of said Caltrans land the following seven courses: (1) south
17 48´37? east 5.95 feet; (2) north 74
58´17? east 188.10 feet to the beginning of a tangent 45.00
foot radius curve concave southwesterly; (3) southeasterly along the
arc of said curve through a central angle of 73 18´01?
a distance of 57.57 feet; (4) tangent to said curve south 31
43´55? east 181.34 feet; (5) south 26
51´03? east 342.59 feet to the beginning of a tangent
1669.99 foot radius curve concave westerly; (6) southerly along the
arc of said curve through a central angle of 14 20´28?
a distance of 418.00 feet; and (7) south 12 30´35?
east 303.54 feet to the centerline of "I" Street as closed
and vacated; thence along said centerline south 72 15´16?
west 332.90 feet to the point of beginning.
(2) Parcel No. 2, which consists of those portions of fractional
quarter Section 170 and 171 of the Rancho De La Nacion in the City of
Chula Vista, in the County of San Diego, State of California,
according to map thereof by Morrill, filed as map no. 166 filed in
the Office of the County Recorder of San Diego County, bounded and
described, as follows:
Commencing at the Northeast corner of said fractional quarter
Section 171; thence south 17 54´28? east along the
easterly line of said fractional quarter section, 1270.95 feet to a
point on a line nine feet parallel to and northerly of the westerly
prolongation of the northerly line of "H" Street as said street is
shown on the map of Bay Villa Tract, according to map thereof no.
1198, on file in the Office of the County Recorder of San Diego
County; thence south 72 12´00? west along said
parallel line, a distance of 170.00 feet to the true point of
beginning of this description; thence parallel with and distant
170.00 feet westerly from the easterly line of said fractional
quarter sections, the following three courses and distances: (1)
south 17 54´28? east 49.14 feet; (2) south 17
47´12? east 1321.96 feet; and (3) south 17
50´01? east 1283.10 feet to a point in the
westerly prolongation of the northerly line of "J" Street, as shown
on record of survey no. 917 on file in the Office of the County
Recorder of San Diego County; thence along said westerly prolongation
south 72 04´39? west 593.24 feet to a point on
the ordinary high water mark of San Diego Bay, as said ordinary high
water mark was fixed and established by that agreement recorded June
22, 1953, in book 4897, page 408, of official records, San Diego
County and as shown on miscellaneous map no. 217 on file in the
Office of the County Recorder of San Diego County; thence along said
ordinary high water mark the following eight courses and distances:
(1) north 07 04´12? west 491.51 feet to station
117; (2) north 04 01´57? west 568.80 feet to
station 116; (3) north 14 12´27? west 489.77 feet
to station 115; (4) north 22 26´52? west 184.97
feet to station 114; (5) north 57 45´31? west
230.80 feet to station 113; (6) north 20 56´53?
west 453.58 feet to station 112; (7) north 24 18´00?
west 233.28 feet to station 111; and (8) north 30
20´10? west 87.43 feet to a point on a line nine feet
parallel to and northerly of the westerly prolongation of the
northerly line of "H" Street as described; thence along said parallel
line north 72 12´00? east 568.65 feet to the true
point of beginning.
(b) The lease of the lands that are described in subdivision (a),
designated No. PRC 8121, from the State Lands Commission to the
district shall terminate on January 1, 2001.
(c) The district shall own, operate, and manage the public trust
lands described in subdivision (a) in accordance with the same terms,
trusts, and conditions as the tide and submerged lands granted to it
and held pursuant to Chapter 67 of the Statutes of 1962 of the First
Extraordinary Session, as amended.
