CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1392

Author:(Mullin)

As Amended Ver:June 3, 2019

Majority vote

SUMMARY:

Grants to Redwood City (City) specified lands known as the Maple Street Site as part of a land exchange to be managed consistent with the Public Trust Doctrine. Requires, on or before January 1, 2024, the City to submit to the State Lands Commission (SLC) a trust lands use plan for the granted lands.

The Senate Amendments:

Add a description of the land being granted.

COMMENTS:

The City was granted sovereign salt marsh, tide, submerged lands in a portion of Redwood Creek in trust in 1945 for the establishment and operation of a harbor, including aviation facilities, and facilities necessary or convenient for commerce and navigation. In 1961 and 1963, the City was granted sovereign lands in Redwood Creek referred to as Deepwater Slough for the establishment and operation of a harbor, including aviation facilities, and facilities necessary or convenient for commerce and navigation by air or water, and for the construction, maintenance, and operation of flood control projects. In 2017, Redwood City requested that the SLC consider and approve a title settlement and land exchange agreement between the City and the SLC. The agreement, known as the Bradford/Maple Street land exchange, resolved title issues, preserved prime waterfront lands within the City for the people of California, and terminated the public trust on roughly 0.48 acres of land no longer necessary for public trust purposes. In June 2018, the SLC and City approved the land exchange and title settlement agreement, and on February 27, 2019, escrow closed. SLC also agreed to pursue legislation to grant the lands to the City that were part of the land exchange. This bill is part of that agreement.

According to the Author:

This bill fulfills a requirement from a 2018 land exchange and title settlement agreement between the SLC and the City. The agreement transfers title of lands acquired in the exchange to the City to hold and manage in trust. The City plans to use the lands for a waterfront park, public access, and Bay Trail improvements.

Arguments in Support:

According to the City, the land exchange will also allow it to pursue affordable housing and a needed childcare facility. According to the SLC, this bill grants in trust to the City 2.41 acres of land that will be used as described above by the author.

Arguments in Opposition:

None received

FISCAL COMMENTS:

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

VOTES:

ASM NATURAL RESOURCES: 11-0-0

YES: Friedman, Flora, Chau, Eggman, Cristina Garcia, Limón, Mathis, McCarty, Melendez, Muratsuchi, Mark Stone

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Jones-Sawyer, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, O'Donnell, Obernolte, Patterson, Petrie- Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

ABS, ABST OR NV: Arambula, Grayson, Mullin, Quirk

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Dahle, Dodd, Durazo, Galgiani, Glazer, Lena Gonzalez, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ABS, ABST OR NV: Chang

UPDATED:

VERSION: June 3, 2019

CONSULTANT: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001213

 CONSENT  

Bill No: AB 1392

Author: Mullin (D), et al.

Amended: 6/3/19 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 6/11/19

AYES: Stern, Jones, Allen, Borgeas, Caballero, Hertzberg, Jackson, Monning

NO VOTE RECORDED: Hueso

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/2/19 (Consent) - See last page for vote

SUBJECT: State Lands Commission: grant of trust lands: City of Redwood City

SOURCE: Author

DIGEST:

This bill grants to Redwood City (City) specified lands known as the Maple Street Site as part of a land exchange to be managed consistent with the public trust doctrine.

ANALYSIS:

Existing law:

1. Requires the State Lands Commission (SLC) to be the steward and manager of the state's public trust lands. SLC has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local governments.
2. Grants, in trust, public trust lands to over 70 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.
3. Authorizes lands owned by the state and under the jurisdiction of SLC to be leased by SLC for grazing, commercial, industrial, and recreational purposes.
4. Authorizes SLC to enter into exchanges, with any person or any private or public entity, of the state’s public trust lands if specified conditions are met.
5. Requires SLC to survey any public trust lands that are proposed to be granted within two years if there has been no prior survey and the granting statute does not contain the description of the lands using the metes and bounds land description method. Specifies that the grant shall not be effective until the completion of the survey.
6. Grants specified sovereign salt marsh, tide and submerged lands to the City pursuant to an agreement with the SLC. Authorizes the City to grant franchises and leases of granted lands for not exceeding 50 years for purposes consistent with the public trust.

This bill:

1. Grants to the City specified lands known as the Maple Street Site as part of a land exchange to be managed consistent with the Public Trust Doctrine.
2. Requires, on or before January 1, 2024, the City to submit to the SLC a trust lands use plan for the granted lands.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/24/19)

City of Redwood City

State Lands Commission

OPPOSITION: (Verified 6/24/19)

None received

ARGUMENTS IN SUPPORT: According to the author, this bill fulfills a requirement from a 2018 land exchange and title settlement agreement between the SLC and the City. The agreement transfers title of lands acquired in the exchange to the City to hold and manage in trust. The City plans to use the lands for a waterfront park, public access, and Bay Trail improvements. According to the City, the land exchange will also allow it to pursue affordable housing and a needed childcare facility. According to the SLC, this bill grants in trust to the City 2.41 acres of land that will be used as described above by the author.

ASSEMBLY FLOOR: 76-0, 5/2/19

AYES: Aguiar-Curry, Bauer-Kahan, Berman, Bigelow, Bloom, Boerner Horvath, Bonta, Brough, Burke, Calderon, Carrillo, Cervantes, Chau, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Diep, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez, Gray, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Salas, Santiago, Smith, Mark Stone, Ting, Voepel, Waldron, Weber, Wicks, Wood, Rendon

NO VOTE RECORDED: Arambula, Grayson, Mullin, Quirk

Prepared by: William Craven / N.R. & W. / (916) 651-4116

6/26/19 15:49:41

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Henry Stern, Chair

2019 - 2020 Regular

Bill No: AB 1392 Hearing Date: June 11, 2019

Subject: State Lands Commission: grant of trust lands: City of Redwood City

BACKGROUND AND EXISTING LAW

1. Requires the State Lands Commission (SLC) to be the steward and manager of the state's public trust lands. SLC has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local governments.
   
2. Grants, in trust, public trust lands to over 70 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.
3. Authorizes lands owned by the state and under the jurisdiction of SLC to be leased by SLC for grazing, commercial, industrial, and recreational purposes.
4. Authorizes SLC to enter into exchanges, with any person or any private or public entity, of the state’s public trust lands if specified conditions are met.
5. Requires SLC to survey any public trust lands that are proposed to be granted within two years if there has been no prior survey and the granting statute does not contain the description of the lands using the metes and bounds land description method. Specifies that the grant shall not be effective until the completion of the survey.
6. Grants specified sovereign salt marsh, tide and submerged lands to the City of Redwood City (City) pursuant to an agreement with the SLC. Authorizes the City to grant franchises and leases of granted lands for not exceeding 50 years for purposes consistent with the public trust.

PROPOSED LAW

This bill:

1. Grants to Redwood City (City) specified lands known as the Maple Street Site as part of a land exchange to be managed consistent with the Public Trust Doctrine.

1. Requires, on or before January 1, 2024, the City to submit to the SLC a trust lands use plan for the granted lands.

ARGUMENTS IN SUPPORT

According to the author, this bill fulfills a requirement from a 2018 land exchange and title settlement agreement between the SLC and the City. The agreement transfers title of lands acquired in the exchange to the City to hold and manage in trust. The city plans to use the lands for a waterfront park, public access, and Bay Trail improvements.

According the City, the land exchange will also allow it to pursue affordable housing and a needed childcare facility.

According to the SLC, the bill grants in trust to the City 2.41 acres of land that will be used as described above by the author.

ARGUMENTS IN OPPOSITION

None received

SUPPORT

City of Redwood City

State Lands Commission

OPPOSITION

None Received

-- END --

Date of Hearing: April 24, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1392

Author:(Mullin) – As Amended Ver:April 1, 2019

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill grants specified lands known as the Maple street site to Redwood City (City) as part of a land exchange to be managed consistent with the Public Trust Doctrine. This bill requires the City to submit a trust lands use plan for the granted lands to the State Lands Commission (SLC) by January 1, 2024.

FISCAL EFFECT:

Negligible costs.

COMMENTS:

1. Rationale. The City was granted sovereign salt marsh, tide and submerged lands in a portion of Redwood Creek in trust in 1945, for the establishment and operation of a harbor, including aviation facilities and facilities for commerce and navigation.

In 1961 and 1963, the City was granted sovereign lands in Redwood Creek, referred to as Deepwater Slough, for the establishment and operation of a harbor, including aviation facilities and facilities for commerce and navigation by air or water, and for flood control projects.

In 2017, the City requested the SLC consider and approve a title settlement and land exchange agreement. The agreement, known as the Bradford/Maple Street land exchange, resolved title issues, preserved prime waterfront lands within the City for the people of California and terminated the public trust on roughly half an acre of land no longer necessary for public trust purposes.

In June 2018, the SLC and City approved the land exchange and title settlement agreement, and on February 27, 2019, escrow closed. SLC also agreed to pursue legislation to grant the lands to the City that were part of the land exchange.

The bill does not include a land description. As the bill moves forward and once the land description is finalized, it should be amended into the bill.

According to the City, there is only one lease on the land that generates approximately $40 per year for the City. There are no provisions in this bill for future revenue shares between the City and state because this is not a new grant and the SLC has determined any future lease revenue would be minor.

1. Background on Granted Lands. For over 100 years, the Legislature has granted public trust lands to local governments so the lands can be managed locally for the benefit of the people of California. There are over 70 local trustees in the state, including the ports of Los Angeles, Long Beach, San Diego, San Francisco, Oakland, Richmond, Benicia and Eureka. While these public trust lands are managed locally, the SLC has oversight authority to ensure those local trustees are complying with the Public Trust Doctrine and the applicable granting statutes.

The foundational principle of the common law Public Trust Doctrine is that it is an affirmative duty of the state to protect the people’s common heritage in navigable waters for their common use.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 8, 2019

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Laura Friedman, Chair

ABPCA Bill Id:AB 1392 (

Author:Mullin) – As Amended Ver:April 1, 2019

SUBJECT: State Lands Commission: grant of trust lands: City of Redwood City

SUMMARY: Grants to Redwood City (City) specified lands known as the Maple Street Site as part of a land exchange to be managed consistent with the Public Trust Doctrine. Requires, on or before January 1, 2024, the City to submit to the State Lands Commission (SLC) a trust lands use plan for the granted lands.

EXISTING LAW:

1. Requires the SLC to be the steward and manager of the state's public trust lands. SLC has direct administrative control over the state's public trust lands and oversight authority over public trust lands granted by the Legislature to local governments.
   
2. Grants, in trust, public trust lands to over 70 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.
3. Authorizes lands owned by the state and under the jurisdiction of SLC to be leased by SLC for grazing, commercial, industrial, and recreational purposes.
4. Authorizes SLC to enter into exchanges, with any person or any private or public entity, of the state’s public trust lands if specified conditions are met.
5. Requires SLC to survey any public trust lands that are proposed to be granted within two years if there has been no prior survey and the granting statute does not contain the description of the lands using the metes and bounds land description method. Specifies that the grant shall not be effective until the completion of the survey.
6. Grants specified sovereign salt marsh, tide and submerged lands to the City. Authorizes the City to grant franchises and leases of granted lands for not exceeding 50 years for purposes consistent with the public trust.
   

FISCAL EFFECT: Unknown

COMMENTS:

1. Public Trust. The foundational principle of the common law Public Trust Doctrine is that it is an affirmative duty of the state to protect the people’s common heritage in navigable waters for their common use. The traditional uses allowed under the Public Trust Doctrine were described as water-related commerce, navigation, and fisheries. As a common law doctrine, the courts have significantly shaped the Public Trust Doctrine in a number of important ways. Courts have found that the public uses to which sovereign lands are subject are sufficiently flexible to encompass changing public needs. The courts have also found that preservation of these lands in their natural state, so that they may serve as ecological units for scientific study, as open space, and as environments that provide food and habitat for birds and marine life, are appropriate uses under the common law Public Trust Doctrine. Courts have also made clear that sovereign lands subject to the Public Trust Doctrine cannot be sold into private ownership.
   
2. Background on Granted Lands. For over 100 years, the Legislature has granted public trust lands to local governments so the lands can be managed locally for the benefit of the people of California. There are over 70 local 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, SLC has oversight authority to ensure those local trustees are complying with the Public Trust Doctrine and the applicable granting statutes.
   
3. Redwood City. The City was granted sovereign salt marsh, tide, submerged lands in a portion of Redwood Creek in trust in 1945 for the establishment and operation of a harbor, including aviation facilities, and facilities necessary or convenient for commerce and navigation. In 1961 and 1963, the City was granted sovereign lands in Redwood Creek referred to as Deepwater Slough for the establishment and operation of a harbor, including aviation facilities, and facilities necessary or convenient for commerce and navigation by air or water, and for the construction, maintenance, and operation of flood control projects. In 2017, Redwood City requested that the SLC consider and approve a title settlement and land exchange agreement between the City and the SLC. The agreement, known as the Bradford/Maple Street land exchange, resolved title issues, preserved prime waterfront lands within the City for the people of California, and terminated the public trust on roughly 0.48 acres of land no longer necessary for public trust purposes. In June 2018, the SLC and City approved the land exchange and title settlement agreement, and on February 27, 2019, escrow closed. SLC also agreed to pursue legislation to grant the lands to the City that were part of the land exchange. This bill is part of that agreement. The bill does not include a land description. As the bill moves forward and once the land description is finalized it should be amended into the bill. According to the City, there is only one lease on the land that generates approximately $40 for the City. If there were other leases that generated more revenue there would be no provisions in this bill or exiting law on how to share that revenue between the City and state.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California State Lands Commission

Opposition

None on file

Analysis Prepared by: Michael Jarred / NAT. RES. /