SECTIONS 6361-6369.3 - California Statutes

PUBLIC RESOURCES CODE

SECTION 6361-6369.3

6361. As used in this article, the following definitions apply:
(a) "Plan" means trust lands use plan as described in Section
6364.
(b) "Public trust purposes" means purposes related to commerce,
navigation, and fisheries, and other public trust purposes,
including, but not limited to, preservation of the lands in their
natural state for scientific study, open space, wildlife habitat, and
recreational and visitor-oriented uses.
(c) "State" means the State of California.
(d) "Trustee" means the City of Pittsburg, a municipal corporation
of the State of California, in Contra Costa County.
(e) "Trust lands" means all tidelands and submerged lands, whether
filled or unfilled, situated within the boundaries of the City of
Pittsburg as those boundaries exist on January 1, 2007.
(f) "Trust revenues" means all revenues received from trust lands
and trust assets.

6362. (a) There is hereby granted in trust to the City of Pittsburg
all of the right, title, and interest of the state held by the state
by virtue of its sovereignty in and to all tidelands and submerged
lands, whether filled or unfilled, situated within the boundaries of
the City of Pittsburg as such boundaries exist on January 1, 2007.
(b) The trust lands shall be held by the trustee and its
successors in trust for the benefit of all the people of the state
for public trust purposes, as more particularly provided in this
article.
(c) This trust grant is subject to the following express
conditions:
(1) The use of the trust lands shall be in conformity with the
public trust and the plan, and shall be without cost to the state.
(2) The trustee or its successors shall not at any time grant,
convey, give, or otherwise alienate the trust lands, or any part
thereof, to any person, firm, entity, or corporation for any purposes
whatsoever. The trustee may lease the trust lands, or any part
thereof, for limited periods, not exceeding 66 years, for purposes
consistent with the public trust and the plan. The trustee may
collect and retain rents and other trust revenues from those leases,
under rules and regulations adopted by the trustee.
(3) In the management, conduct, operation, and control of the
trust lands, or any improvement, betterments, or structures thereon,
the trustee or its successors shall make no illegal discrimination in
rates, tolls, or charges for any use or service in connection
herewith, nor shall the trustee discriminate against or unlawfully
segregate any person or group of persons on account of sex, race,
color, creed, national origin, ancestry, or physical handicap for any
use or service in connection herewith.
(4) The state shall have the right to use, without charge, any
transportation, landing, or storage improvements, betterments, or
structures constructed upon the trust lands for any vessel or other
watercraft or railroad owned or operated by or under contract to the
state.
(5) The state shall have the right, at any time in the future, to
use the trust lands or any portion thereof for any authorized public
use without compensation to the trustee, its successors or assigns,
or any person, firm, or public or private corporation claiming under
it, except that in the event improvements have been placed with legal
authority upon the property taken by the state, compensation shall
be made to the person entitled thereto for the value of the interest
in the improvements taken or the damages to that interest.
(6) There is reserved to the people of the state the right to fish
in the waters over the trust lands, with the right to convenient
access to those waters over the trust lands for that purpose.
(7) There is excepted and reserved to the state all remains or
artifacts of archaeological and historical significance and all
deposit of minerals, including, but not limited to, all substances
specified in Section 6407, in the trust lands, and the right to
prospect for, mine, and remove those deposits from the lands.
(8) This grant is made subject to the rights of any and all
persons under any title derived from the state or any of its agencies
in or to any part of the trust lands.
(9) A survey of the trust lands pursuant to Sections 6358 and 6359
shall be completed and recorded by the commission by January 1,
2013. The cost of the survey and recordation shall be paid according
to Sections 6358 and 6359.
(10) Brown's Island is exempted from this act and is not part of
the grant.

6363. Revenue from lands, that are currently leased by the state
and designated as state lease numbers PRC 2757.1, PRC 7643.1, PRC
7872.1, and Chapter Lease 18.1, shall remain revenue of the state and
be transmitted to the state by the trustee.

6364. (a) On or before July 1, 2008, the trustee shall submit to
the commission a plan indicating details of intended development,
preservation, or other use of the trust lands. The trustee shall
thereafter submit to the commission for approval all changes of,
amendments to, or extensions of the plan. Any use of the trust lands
shall be consistent with the plan as approved by the commission.
(b) The commission shall review with reasonable promptness the
plan submitted by the trustee and any changes of or amendments to the
plan to determine that they are consistent with the public trust and
the requirements of this article. Based upon its review, the
commission shall either approve or disapprove the plan. If the
commission disapproves the plan, the commission shall furnish the
trustee with its formal recommendations, and the trustee shall submit
a revised plan to the commission within 180 days. If that revised
plan is determined by the commission to be inconsistent with the
public trust and the requirements of this article, all right, title,
and interest of the trustee in and to the trust lands and
improvements thereon shall revert to the state.
(c) The plan shall include all of the following:
(1) A general description of the type of uses planned or proposed
for the trust lands. The location of these land uses shall be shown
on a map or aerial photograph.
(2) The projected statewide benefits to be derived from the
planned or proposed uses of the trust lands, including, but not
limited to, the financial and environmental benefits and the
furtherance of those purposes set forth in subdivision (b) of Section
6362.
(3) The proposed method of financing the planned or proposed uses
of the trust lands, including estimated capital costs, annual
operating costs, and anticipated annual trust revenues.
(4) An estimated timetable for implementation of the plan or any
phase thereof.
(5) A description of how the trustee proposes to protect and
preserve natural and manmade resources in connection with the use of
the trust lands.
(d) All leases or agreements proposed, or entered into by any
trustee after July 1, 2008, shall be consistent with the plan
submitted by the trustee and approved by the commission.
(e) Upon request, the trustee shall submit to the commission a
copy of all leases and agreements entered into, renewed, or
renegotiated with respect to the trust lands.

6365. The trustee shall demonstrate good faith in carrying out the
plan and amending it when necessary in accordance with subdivisions
(a) and (b) of Section 6364. If the commission determines that the
trustee has substantially failed to improve, restore, preserve, or
maintain the trust lands, as required by the plan, in the time period
set forth in paragraph (4) of subdivision (c) of Section 6364, or
has unreasonably delayed adopting that proposal, all right, title,
and interest of the trustee in and to the trust lands and
improvements thereon shall revert to the state.

6366. (a) The trustee shall establish and maintain accounting
procedures, in accordance with generally accepted accounting
principles, providing accurate records of all revenues received from
the trust lands and trust assets and of all expenditures of those
revenues. If the trustee has several trust grants of adjacent lands
and operates the granted lands as a single integrated entity,
separation of accounting records for each trust grant is not
required. All trust revenues shall be expended only for those uses
and purposes set forth in subdivision (b) of Section 6362. The
purpose of this subdivision is to provide for the segregation of
funds derived from the use of the trust lands in order to ensure that
they are only expended to enhance the trust lands in accordance with
the trust uses and purposes upon which the trust lands are held.
(b) Trust revenues may be used to acquire appropriate uplands to
benefit and enhance the trust with the prior written consent of the
commission. Property acquired with these trust revenues shall be
considered an asset of the trust and subject to the terms and
conditions of this article.

6367. On or before October 1 of each year, the trustee shall file
with the commission a detailed statement of all trust revenues and
expenditures relating to its trust lands and trust assets, including
obligations incurred but not yet paid, covering the fiscal year
preceding submission of the statement. This statement shall be
prepared according to generally accepted accounting principles and
may take the form of an annual audit prepared by or for the trustee.

6368. (a) To expend trust revenues for any single capital
improvement on the trust lands involving an amount in excess of two
hundred fifty thousand dollars ($250,000) in the aggregate, the
trustee shall file with the commission a detailed description of the
capital improvement not less than 90 days prior to the time of any
disbursement therefor or in connection therewith.
(b) Within 90 days after the time of that filing, the commission
shall determine whether the capital improvement is in the statewide
interest and benefit and is consistent with the conditions of this
article. The commission may request the opinion of the Attorney
General on the matter; and, if it does so, a copy of that opinion
shall be delivered to the trustee with the notice of its
determination.
(c) If the commission notifies the trustee that the capital
improvement is not authorized, the trustee shall not disburse any
trust revenues for, or in connection with, the capital improvement,
unless and until it is determined to be authorized by a final order
or judgment of a court of competent jurisdiction. The trustee may
bring suit against the state for the purpose of securing an order or
judgment, which suit shall have priority over all other civil
matters.
(d) Service shall be made upon the executive officer of the
commission and the Attorney General, and the Attorney General shall
defend the state in that suit. If judgment is given against the state
in the suit, costs may not be recovered.

6369. (a) On June 30, 2007, and at the end of every third fiscal
year thereafter, that portion of the trustee's trust revenues in
excess of two hundred fifty thousand dollars ($250,000) remaining
after current and accrued operating costs and expenditures directly
related to the operation or maintenance of trust activities shall be
deemed excess revenues.
(b) Any funds deposited in a reserve fund for future capital
expenditures or any funds used to retire bond issues for the
improvement or operation of the granted lands shall not be deemed
excess revenues. To be deemed nonexcess revenues, any reserve funds
for future capital expenditure shall be for projects that are
consistent with the plan and have prior commission approval under
Section 6368. Capital improvements of the trust lands made for
purposes authorized by this article may be considered as expenditures
for the purpose of determining excess revenues.
(c) The excess revenues, as determined pursuant to this section,
shall be allocated 85 percent to the State Treasurer for deposit into
the Kapiloff Land Bank Fund (Division 7 (commencing with Section
8600)) and 15 percent to the trustee for expenditures consistent with
this article.

6369.1. The commission may, from time to time, institute a formal
inquiry to determine that the terms and conditions of this article
have been complied with and that all other applicable provisions of
law concerning the trust lands are being complied with in good faith.

6369.2. Reimbursement for the expenditure of nontrust revenues for
management, maintenance, and improvements made to the trust shall be
approved by the commission in advance of the expenditure, or the
expenditure shall be deemed a gift to the trust.

6369.3. Whenever the commission finds that the trustee has
violated, or is about to violate, the terms of its trust grant or any
other principle of law relating to its obligation in connection with
the lands granted pursuant to this article, the commission shall
notify the trustee of the violations before the commission pursues
other legal remedies.