BILL ANALYSIS
Bill No: AB
425
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Edward Vincent, Chair
2003-2004 Regular Session
Staff Analysis
AB 425 Author: Campbell
As Amended: June 21, 2004
Hearing Date: June 22, 2004
Consultant: Art Terzakis
SUBJECT
City of Newport Beach: public trust lands
DESCRIPTION
AB 425 allows for increased flexibility of the management
of the Upper Newport Bay Ecological Reserve, as well as,
the tide and submerged lands granted to the City of Newport
Beach and the County of Orange, respectively, in particular
to acquisitions, improvements and the transfer of trust
lands between the City and County and vice versa.
Specifically, this measure:
1. States legislative intent to authorize the trustees,
the County of Orange, and the City of Newport Beach to
expend revenues generated from public trust lands that
the county and city hold pursuant to existing law on
certain described lands.
2. Authorizes the City of Newport Beach to acquire or
improve any real property for the purpose of enhancing
the Upper Newport Bay Ecological Reserve.
3. Authorizes the expenditure of money from the Upper
Newport Bay Restoration Fund for environmental
restoration or improvements on any lands within Upper
Newport Bay or as otherwise authorized by, or in
furtherance of the public trust.
4. Authorizes the City of Newport Beach, upon formal
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concurrence of the State Lands Commission, to transfer
certain lands, dedicated by the City as public trust
lands, to the County of Orange, to be held in trust by
the County pursuant to the terms of Chapter 415, Statutes
of 1975.
5. Provides that certain lands owned and dedicated as
public trust lands by the County of Orange are accepted
as assets of the public trust and are to be held in trust
pursuant to Chapter 415, Statutes of 1975.
6. Authorizes the County of Orange, upon formal
concurrence of the State Lands Commission, to transfer
trust lands, held pursuant to Chapter 526, Statutes of
1919, to the City of Newport Beach, to be held in trust
pursuant to Chapter 74, Statutes of 1978, as amended.
7. Authorizes the City of Newport Beach, upon formal
concurrence of the State Lands Commission, to transfer
trust lands, held pursuant to Chapter 74, Statutes of
1978, to the County of Orange, to be held in trust
pursuant to Chapter 526, Statutes of 1919, as amended.
RELATED LEGISLATION
SB 1873 (Burton) 2003-04 Session. Would authorize an
exchange of public trust lands no longer useful for public
trust purposes within Treasure Island to be exchanged for
other lands of equal or greater value at Yerba Buena
Island. (Pending in Assembly policy committee)
SB 1622 (Perata) 2003-04 Session. Would authorize and
establish conditions for an exchange of certain tidelands
and submerged lands granted to the City of Oakland for
other lands not subject to the public trust. (Pending in
Assembly policy committee)
SB 1435 (Perata) 2003-04 Session. Would authorize an
exchange of public trust lands within the Oakland Army Base
redevelopment property so that both public and private
interests can best be served. (Pending in Assembly policy
committee)
SB 296 (Chesbro) Chapter 299, Statutes of 2003. Authorized
the exchange of sovereign lands within the Kaiser Steel
Development Area so that the City of Vallejo and private
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interests could proceed with land use planning development
in the area.
AB 768 (Leno) Chapter 435, Statutes of 2003. Approved an
exchange of public trust lands within the Hunters Point
Shipyard to help facilitate the productive reuse of lands
comprising the former shipyard in a manner that furthers
the purposes of the public trust.
SB 2049 (Perata) Chapter 734, Statutes of 2000. Enacted
the Naval Air Station Alameda Public Trust Exchange Act to
facilitate the productive reuse of lands comprising the
former naval air station in a manner that will further the
purpose of the public trust.
EXISTING LAW
The State Lands Commission (SLC), comprised of the
Lieutenant Governor, the State Controller, and the State
Director of Finance, was established in 1938 with authority
detailed in Division 6 of the California Public Resources
Code.
The SLC is the state agency that manages and protects the
state's tide and submerged lands. The SLC is required to
carry out its responsibility consistent with the public
trust doctrine which provides that tide and submerged lands
are reserved for uses associated with commerce, fishing,
navigation, recreation and the environment.
Existing law authorizes the SLC to exchange interests in
lands no longer needed for public trust purposes for lands
of equal value and to extinguish the public trust in those
lands.
Existing law grants in trust to the City of Newport Beach
all tide and submerged lands, filled or unfilled, within
the corporate limits of the City.
Existing law authorizes the City of Newport Beach to
acquire or improve real property to enhance the public
trust lands administered by the Department of Fish and Game
pursuant to Chapter 415, Statutes of 1975.
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Existing law authorized the City of Newport Beach to
establish the Upper Newport Restoration Fund and expend
money from the Fund for Upper Newport Bay environmental
restoration and improvement on tide and submerged lands.
BACKGROUND
Sovereign Lands
Since statehood, the Legislature has transferred in trust
certain tide and submerged lands, including the beds of
navigable waters, to local jurisdictions for specific
public trust uses of statewide benefit, such as improvement
of navigation and the construction of harbors. The State
Lands Commission, having the state's remaining jurisdiction
and authority, exercises oversight responsibility over
these lands, and is responsible for assuring that these
legislative trustees comply with their respective granting
statutes and the legal principles under the Public Trust
Doctrine. Quite often, the improvement of these granted
tide and submerged lands results in the generation of
tidelands trust revenues, which are also subject to the use
restrictions of the Public Trust Doctrine and the granting
statutes.
Legislative History
City of Newport Beach: Pursuant to Chapter 74, Statutes of
1978, as amended by Chapter 317, Statutes of 1997, the
Legislature granted, in trust, to the City of Newport Beach
(City) all tide and submerged lands, filled or unfilled,
within the corporate limits of the City. Chapter 74,
Statutes of 1978 authorized the City to transfer portions
of lands conveyed by that act to the State Lands Commission
(SLC), which in turn leases those lands to the Department
of Fish and Game (DFG) for the Upper Newport Bay Ecological
Reserve. Chapter 317, Statutes of 1997, further authorized
the City to acquire or improve real property for the
purpose of enhancing public trust lands administered by the
DFG pursuant to Chapter 415, Statutes of 1975. In
addition, Chapter 317, Statutes of 1997 authorized the City
to establish the Upper Newport Bay Restoration Fund. This
act allowed for money within the fund to be used by the
City for environmental restoration and improvement on tide
and submerged lands within Upper Newport Bay.
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County of Orange: Pursuant to Chapter 526, Statutes of
1919, as amended by Chapter 415, Statutes of 1975, the
Legislature granted, in trust, to the County of Orange
(County) all tide and submerged lands, filled or unfilled,
within the County but outside the corporate limits of the
City of Newport Beach. Chapter 415, Statutes of 1975,
requires that the SLC and the County provide certain
described lands to the DFG for the establishment of the
Upper Newport Bay Ecological Reserve.
Department of Fish and Game: The Upper Newport Bay
Ecological Reserve has been established as an ecological
reserve under the provisions of Article 4 of Chapter 5 of
Division 2 of the Fish and Game Code.
Purpose of AB 425
This measure is intended to provide the City of Newport
Beach and the County of Orange increased flexibility in the
management of granted tide and submerged lands, which in
turn would benefit the management of the Upper Newport Bay
Ecological Reserve by providing more resources for
acquisition, restoration and improvement. This measure
would maintain approval discretion over conveyances of
trust lands with the State Lands Commission.
SUPPORT: As of June 18, 2004:
City of Newport Beach
County of Orange
OPPOSE: None on file as of June 18, 2004
FISCAL COMMITTEE: No.