Bill Text: CA SB1299 | 2017-2018 | Regular Session | Amended
Bill Title: Tidelands: City of Huntington Beach: Huntington Harbor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-22 - May 25 hearing postponed by committee. [SB1299 Detail]
Download: California-2017-SB1299-Amended.html
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Amended
IN
Senate
April 17, 2018 |
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Amended
IN
Senate
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 1299 |
| Introduced by Senator Nguyen |
February 16, 2018 |
An act relating to tidelands.
LEGISLATIVE COUNSEL'S DIGEST
SB 1299, as amended, Nguyen.
Tidelands: City of Huntington Beach: Main and Midway Channels of Huntington Harbor.
Existing law vests with the State Lands Commission control over certain state lands, including certain tidelands and submerged lands.
This bill would grant and convey in trust to the City of Huntington Beach all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the commission, in specified real property properties in the Main and Midway Channels of
Huntington Harbor in the County of Orange. The bill would require the City of Huntington Beach to submit to the commission for approval a trust lands use plan, as specified, thereby imposing a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for Huntington Harbor.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in two parcels of land situated in the Main and Midway Channels of Huntington Harbor in the County of Orange.
(b)On or before January 1,
2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (a) and any changes of, amendments to, or extensions of, the trust lands use plan.
(c)(1)The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.
(2)Based on its review, the commission shall approve or disapprove the plan or any changes or amendments to the
plan.
(3)If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.
(4)If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.
SECTION 1.
The Legislature finds and declares all of the following:(a) Upon admission to the United States, and as an incident of its sovereignty, the State of California received title to the tidelands, submerged lands, and beds of navigable waterways within its borders to be held subject to the public trust doctrine for statewide public purposes, including commerce, navigation, fisheries, preservation of lands in their natural state, and other recognized public trust uses.
(b) The state
has made grants of public trust lands to over 80 local public entities, each of which manages the state’s public trust lands as a trustee pursuant to the public trust doctrine, legislative grants, the California Constitution, and other laws governing the trust and the trustee’s fiduciary responsibilities.
(c) A local trustee of the granted public trust lands is charged with managing the state’s granted public trust lands on behalf of the state for the benefit of all the people of California.
(d) As part of its fiduciary duty, a local trustee of granted public trust lands is required to take reasonable steps under the circumstances to take and keep control of, and preserve, the trust property.
(e) All jurisdiction and authority remaining in the state as to tidelands and submerged lands as to which grants have been
given or may be made is vested within the State Lands Commission.
SEC. 2.
(a) This section applies to the following:(1) Approximately 65.6 acres of land described as strip “A,” in the grant deed to the State of California, recorded 12/20/1962, in book 6368, page 411, of official records, of the County of Orange with the following parcel numbers:
(A) APN 178-023-04.
(B) APN 178-023-05.
(C) APN
178-023-10.
(D) APN 178-023-11.
(E) APN 178-023-12.
(F) APN 178-023-13.
(G) APN 178-023-14.
(H) APN 178-023-15.
(I) APN 178-651-01.
(2) Approximately 7.57 acres of land described as strip “B,” in the grant deed to the State of California, recorded 12/20/1962, in book 6368, page 411, of official records, of the County of Orange, excepting therefrom, parcel 1, as described on Record of Survey 99-1071, filed in book 176, page 9 of Records of Survey, located in the Orange County records, the land rights of which are reportedly to be vested to Michael R. Van Voorhis
and Denise Van Voorhis, trustees and the successor trustees of the Van Voorhis Family Trust, dated 10/31/2001, as these rights were transferred through the quitclaim deed recorded 12/05/2001, as Document Number 20010883069, in said official records and also excepting therefrom, parcel 2, as described on Record of Survey 99-1071, filed in book 176, page 9 of Records of Survey, located in the Orange County records, the land rights of which are reported to be vested to Hope Harbor Incorporated as these rights were transferred through the grant deed to Hope Harbor, Incorporated, recorded 12/29/2017, as Document Number 2017000564086, in said official records, with the parcel number APN 178-651-11.
(3) Approximately 4.54 acres of land consisting of a strip of land 270.00 feet in width the northwesterly line thereof being the southwesterly prolongation of the compromise boundary line between Rancho Los Alamitos and Rancho La Bolsa Chica, per
instrument recorded in book 115, page 284 of records of the County of Los Angeles, said strip bounded on the northeast by the southwest line of the lands in the grant deed to the Orange County Flood Control District, recorded 07/08/1958 in book 4346, page 451 of Orange County Records and bounded on the southwest by the northeast line of strip “A,” as described in the grant deed to the State of California, recorded 12/20/1962, in book 6368, page 411, of official records, of the County of Orange with the following parcel numbers:
(A) APN 178-700-14.
(B) APN 178-700-15.
(C) APN 178-700-20.
(b) (1) Notwithstanding any other law, there is hereby granted and conveyed in trust to the City of Huntington Beach and to its successors, all of
the rights, title, and interest of the state, held by the state by virtue of its sovereignty, acting by and through the State Lands Commission, in parcels of land in the County of Orange as set forth in subdivision (a).
(2) The powers granted to the State Lands Commission as to leasing or granting of rights or privileges with relation to the parcels of land set forth in subdivision (a) are hereby conferred to the City of Huntington Beach, as the local trustee of those parcels.
(3) The City of Huntington Beach shall succeed to all interests held by the State Lands Commission in leases situated on the parcels of land set forth in subdivision (a).
(4) The trustee may lease the trust lands, or any part of the trust lands, for limited periods, not exceeding 49 years, for purposes consistent with the trust upon which those
parcels of land are held, as specified in subdivision (a) of Section 1.
(c) On or before January 1, 2020, the City of Huntington Beach, as trustee, shall submit to the State Lands Commission for approval a trust lands use plan describing any proposed development, preservation, or other use of the trust lands conveyed pursuant to subdivision (b) and any changes of, amendments to, or extensions of, the trust lands use plan.
(d) (1) The State Lands Commission shall review with reasonable promptness the trust lands use plan and any changes or amendments to the plan to determine whether they are consistent with the public trust doctrine and the requirement of this act.
(2) Based on its review,
the commission shall approve or disapprove the plan or any changes or amendments to the plan.
(3) If the commission disapproves the plan, the commission shall notify the City of Huntington Beach of the disapproval and the city shall submit a revised plan to the commission no later than 180 days after the date of the notice of disapproval.
(4) If the commission determines that the revised plan is inconsistent with the public trust doctrine and the requirements of this act, all rights, title, and interests of the City of Huntington Beach in and to the trust lands and improvements on the trust lands shall revert to the state.
(e) Section 6359 of the Public Resources Code does not apply to trust land granted pursuant to this section.
