California State Lands Commission

Eleni Kounalakis, Lieutenant Governor, Chair

Betty T. Yee, State Controller, Member

Keely Bosler, Director of Department of Finance, Member

Original Agenda Posted 4:00 PM on Friday, November 22, 2019

REGULAR MEETING

Agenda

VOTING RECORD

December 6, 2019

Holiday Inn Sacramento Downtown-Arena

300 J Street

Sacramento, California 95814

10:00 AM

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

·         ELENI KOUNALAKIS, Lieutenant Governor

·         BETTY T. YEE, State Controller

·         GAYLE MILLER, Chief Deputy Director and Alternate for Director of the Department of Finance, Keely Bosler

VOTE:

·         The minutes of the OCTOBER 24, 2019 meeting were approved by a vote of 3-0 (kounalakis–Yes; YEE–yes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEMS 11, 12, 23, AND 31 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEM 29 WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–YES; YEE–ABSTAINED; MILLER–YES)

·         CONSENT ITEMS 01-10, 13-22, 24-28, 30, 32-51 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

REGULAR CALENDAR:

·         ITEM 52 – STAFF PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

·         ITEM 53 – WAS REMOVED FROM CONSIDERATION

·         ITEM 54 – STAFF PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

·         ITEM 55 – STAFF PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

·         ITEM 56 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 57 – STAFF PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 58 – STAFF PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

Meeting Procedures

Speaker sign-up and time limits

Anyone wishing to address the Commission must fill out a “Request to Speak” form. Forms are available at a reception table near the entrance to the meeting. When you are called to speak, please identify yourself and your affiliation for the record. Each speaker will generally be allowed three minutes to speak; however, the Chair may set different time limits.

Access to meetings

If you need reasonable accommodation to conduct business with the Commission for a disability, as defined by the Federal Americans with Disabilities Act and the California Fair Employment and Housing Act, please contact the Commission at 916.574.1800 or by email to cslc.commissionmeetings@slc.ca.gov in advance to arrange for such accommodation.

Sign language interpreter

A sign language interpreter will be provided upon advance notification of need by a deaf or hard of hearing person. Please contact the Commission at 711 (TTY) 916.574.1800 or by email to cslc.commissionmeetings@slc.ca.gov at least five days prior to the meeting to arrange for an interpreter.

Staff reports and exhibits

A written staff report is available for most items on this agenda. Please note that staff reports are posted as soon as available on the Commission’s website at www.slc.ca.gov. The staff report and exhibits may be reviewed and downloaded. Past meetings, including staff reports and exhibits, transcripts, and webcasts, may also be viewed on the Commission’s website.

Submission of written materials

Written materials should be submitted to the Commission no later than three business days before the meeting. Please Note: You are discouraged from submitting written materials to the Commission on the day of the meeting, unless they are visual aids as it is difficult for Commissioners to thoroughly consider late submittals. No facsimiles, texts, or emails will be accepted at the meeting site. All non-procedural communications become part of the record. Written materials may be submitted by email to cslc.commissionmeetings@slc.ca.gov or by mail to 100 Howe Avenue, Suite 100 South, Sacramento, CA 95825.

Visual presentations/materials

Visual presentations/materials must be accompanied by a USB flash drive, flash memory card, or compact disk and must be PC compatible. It is recommended that a hard copy of any electronic presentation be submitted in case of technical difficulties. A slide projector and laptop will be available from our audio-visual technicians, and they can assist you in its use. All written materials exhibited to the Commission during the meeting (presentations, maps, etc.) are part of the public record and are kept by the Commission.

Notification of meetings and agendas

If you would like to receive electronic notification of Commission meetings, please visit our website at www.slc.ca.gov and go to the home page or to the “Scheduled Meetings” link under “Meetings” to subscribe.

Agenda organization

The majority of items on the consent agenda are presented by the Commission’s Land Management Division and involve the state’s tide and submerged lands and beds of navigable waterways. These Land Management consent items are organized by regions (see Geographical breakdown). Consent items involving school lands that benefit the State Teachers’ Retirement System are next addressed, followed by items from the Commission’s other divisions.

Geographical breakdown by counties

NORTHERN REGION COUNTIES: Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Lake, Napa, Nevada, Placer, Shasta, Sierra, Siskiyou, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.

BAY / DELTA REGION COUNTIES: Alameda, Alpine, Amador, Calaveras, Contra Costa, Marin, Mono, Sacramento, San Francisco, San Mateo, Santa Clara, Santa Cruz, San Joaquin, Solano, Stanislaus, and Tuolumne.

CENTRAL / SOUTHERN REGION COUNTIES: Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa, Merced, Monterey, Orange, Riverside, San Bernardino, San Benito, San Diego, San Luis Obispo, Santa Barbara, Tulare, and Ventura.

Abbreviations and acronyms

·         A and S references are to Assembly and Senate districts

·         CEQA – California Environmental Quality Act

Order of Business

I.             10:00 AM – Open Session

II.           Confirmation of Minutes for the October 24, 2019 meeting

III.          Executive Officer’s Report

Continuation of Rent Actions to be taken by the Executive Officer pursuant to the Commission’s Delegation of Authority:

·         County of Orange (Lessee): Continuation of rent at 8.5 percent of gross income per year generated from boat berthing located on the lease premises included within Sunset Harbor Marina; which for the purposes of calculating the annual rent is agreed to be 3 percent of the total gross income per year from boat berthing within Sunset Harbor Marina, for a General Lease – Public Agency Use located on tide and submerged lands in Anaheim Bay, Seal Beach, Orange County. (PRC 4076.1)

·         MFS Globenet, Inc. (Lessee): Continuation of rent at $128,377 per year for a General Lease – Non-Exclusive Right-of-Way Use located on sovereign land in the Pacific Ocean, offshore of Montańa de Oro State Park, San Luis Obispo County. (PRC 8141.1)

·         MFS Globenet, Inc (Lessee): Continuation of rent at $16,652 per year for a General Lease – Non-Exclusive Right-of-Way Use located on sovereign land in the Pacific Ocean, offshore of Montańa de Oro State Park, San Luis Obispo County. (PRC 8142.1)

·         Southern California Gas Company (Lessee): Continuation of rent at $1,309 per year, with annual application of the Consumer Price Index, for a General Lease – Right-of-Way Use located on sovereign land in the Burton Mesa Ecological Reserve, Santa Barbara County. (PRC 8720.1)

IV.        Consent Calendar 01-51 

The following items are considered to be noncontroversial and are subject to change at any time up to the date of the meeting.

Land Management

Northern Region

  01        RICHARD J. BOYLE, JR. AND CATHERINE M. BOYLE, TRUSTEES OF THE BOYLE FAMILY TRUST DATED APRIL 13, 2006 (LESSEE/APPLICANT): Consider acceptance of a lease quitclaim deed for Lease No. PRC 8227.1. a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8789 Rubicon Drive, near Tahoma, El Dorado County; for the removal and reconstruction of an existing pier with an extension, and use and maintenance of two existing mooring buoys. CEQA Consideration: categorical exemptions. (Lease 8227.1; A2059; RA# 25618) (A 5; S 1) (Staff: J. Toy)

  02        CASCADE MUTUAL WATER COMPANY, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2117 Cascade Road, near Emerald Bay, El Dorado County; for an existing pier. CEQA Consideration: categorical exemption. (Lease 5899.1; A2191; RA# 2019031) (A 5; S 1) (Staff: S. Avila)

  03        WILLIAM M. FEELEY; KATHERINE B. FEELEY; SUZANNE E. FEELEY; DENNIS C. HERSLEY AND JANE FEELEY LILLY-HERSLEY, TRUSTEES OF THE HERSLEY 2009 FAMILY TRUST DATED DECEMBER 2, 2009; AND STEVEN WESLEY MARCHETTE AND LAURA FEELEY MARCHETTE OR THEIR SUCCESSORS IN TRUST, AS TRUSTEES OF THE MARCHETTE FAMILY TRUST DATED MAY 3, 2001 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6762 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8866.1; A2239; RA# 2019061) (A 1; S 1) (Staff: S. Avila)

  04        JULIE LANE GAY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 181 and 185 Paradise Flat Lane, near Tahoma, El Dorado County; for an existing pier, boat lift, two mooring buoys, and one swim float. CEQA Consideration: categorical exemption. (Lease 8316.1; A2311; RA #2019072) (A 5; S 1) (Staff: S. Avila)

  05        RICHARD GHILOTTI, TRUSTEE OF THE RICHARD AND NANCY GHILOTTI FAMILY TRUST UNDER DECLARATION OF TRUST DATED JULY 11, 1997; AND MICHELLE GHILOTTI MANDEL, TRUSTEE OF THE JOSEPH AND STELLA MAY RESIDENCE TRUST DATED MAY 18, 1992; AND DALE L. MARCELLINI AND JILL A. MARCELLINI, CO-TRUSTEES, OR ANY SUCCESSOR TRUSTEE, OF THE DALE L. MARCELLINI AND JILL A. MARCELLINI REVOCABLE LIVING TRUST EXECUTED ON NOVEMBER 1, 2005 (LESSEE); RICHARD GHILOTTI, TRUSTEE OF THE RICHARD AND NANCY GHILOTTI FAMILY TRUST UNDER DECLARATION OF TRUST DATED JULY 11, 1997; AND MICHELLE GHILOTTI MANDEL, TRUSTEE OF THE JOSEPH AND STELLA MAY RESIDENCE TRUST DATED MAY 18, 1992; (ASSIGNOR); LORAINE LEE SIMPSON AND WILLIAM BRAXTON SIMPSON, TRUSTEES OF THE SIMPSON LIVING TRUST DATED 12/10/2004 (ASSIGNEE): Consider assignment of Lease No. PRC 5491.1, a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to Assessor’s Parcel Number (APN) 085-344-008, near Homewood, Placer County; for an existing pier and three mooring buoys. CEQA Consideration: not a project. (PRC 5491.1; A2272; RA# 2019086) (A 1; S 1) (Staff: S. Avila)

  06        JOSEPH KARP, SURVIVING TRUSTEE OF THE KARP FAMILY TRUST DATED FEBRUARY 5, 1988; STEVEN M. KARP, AS TRUSTEE OF THE STEVEN M. KARP 2008 IRREVOCABLE TRUST DATED DECEMBER 13, 2008; AND RONALD M. KARP, AS TRUSTEE OF THE RONALD M. KARP 2008 IRREVOCABLE TRUST DATED DECEMBER 13, 2008 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3770 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5355.1; A2232; RA# 2019056) (A 1; S 1) (Staff: S. Avila)

  07        WILLIAM R. LEWIS, M.D. AND DUNCAN B. LEWIS, AS TRUSTEES OF LEWIS FAMILY TRUST DATED JANUARY 29, 2004 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4726 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4378.1; RA# 04118) (A 1; S 1) (Staff: J. Toy)

  08        MICHAEL J. LOMBARDI AND HELEN E. LOMBARDI, TRUSTEES OF THE LOMBARDI LIVING TRUST ESTABLISHED BY DECLARATION OF TRUST DATED JANUARY 14, 1997 (LESSEE); KEVIN CHESSEN AND CHRISTINE CHESSEN, TRUSTEES OF THE KEVIN AND CHRISTINE CHESSEN REVOCABLE TRUST DATED NOVEMBER 6, 2002 (APPLICANT): Consider acceptance of a lease quitclaim deed for Lease No. PRC 4858.9, a Recreational Pier Lease; and an application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3940 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 4858.1; RA# 07918) (A 1; S 1) (Staff: M.J. Columbus)

  09        SKYLANDIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (ASSIGNOR); ERIC W. STILLE AND  KATHLEEN RILEY STILLE, AS TRUSTEES OF THE ERIC AND KATE STILLE FAMILY TRUST, DATED 7-8-05 (ASSIGNEE): Consider assignment of Lease No. PRC 4058.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3740 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse, boat hoist, sundeck with stairs, and two mooring buoys. CEQA Consideration: not a project. (PRC 4058.1; A2127; RA# 31218) (A 1; S 1) (Staff: S. Avila)

  10        TAHOE CITY PUBLIC UTILITY DISTRICT AND CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, ACTING THROUGH THE WILDLIFE CONSERVATION BOARD (PERMITTEE/APPLICANT): Consider acceptance of a permit quitclaim deed for Permit No. PRC 2754.9, a General Permit – Public Agency Use; and application for an amendment to Permit No. PRC 2754.9, a General Permit – Public Agency Use, of sovereign land located in Lake Tahoe, adjacent to 2500 Lake Forest Road, near Tahoe City, Placer County; to remove the California Department of Fish and Wildlife, acting through the Wildlife Conservation Board as a permittee. CEQA Consideration: not projects. (PRC 2754.9; A2300; RA# 2019090) (A 1; S 1) (Staff: J. Toy)

  11        TAHOE KEYS PROPERTY OWNERS’ ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use of sovereign land located in Lake Tahoe, adjacent to 356 Ala Wai Boulevard., South Lake Tahoe; for an existing pier not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2245; RA# 22316) (A 5; S 1) (Staff: A. Franzoia)
Removed from agenda 11/26/19

Bay / Delta Region

  12        JOHN R. AREIAS AND JULIE NOEL SANDINO (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 13950 State Highway 160, near Walnut Grove, Sacramento County; for an existing boat dock, personal watercraft float, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 7692.1; A2158; RA# 2019009) (A 11; S 3) (Staff: G. Asimakopoulos)
Removed from agenda 12/05/19

  13        HECTOR BECERRA, JUAN BECERRA, AND ODULIA BECERRA (LESSEE): Consider revision of rent to Lease No. PRC 2761.1, a General Lease – Commercial Use, of sovereign land located in the Sacramento River, adjacent to 14175 River Road, near Walnut Grove, Sacramento County; for an existing accommodation dock and appurtenant facilities. CEQA Consideration: not a project. (PRC 2761.1) (A 11; S 3) (Staff: G. Asimakopoulos)

  14        CITY OF LARKSPUR (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Corte Madera Creek, adjacent to 50 Drakes Landing Road, Greenbrae, Marin County; for the removal, replacement, use, and maintenance of an existing boat dock, ramp, and appurtenant facilities. CEQA Consideration: Mitigated Negative Declaration and Addendum adopted by the City of Larkspur Public Works Department, State Clearinghouse No. 2012052052. (Lease 7667.9; A2183; RA# 2019025) (A 10; S 2) (Staff: J. Holt)

  15        CITY OF SUISUN CITY (LESSEE): Consider amendment of Lease No. PRC 7757.9, a General Lease – Dredging, of sovereign land in Suisun Slough and in the area around the Suisun City Marina, City of Suisun City, Solano County; to extend the dredging window to November 30 and to include Exhibit C, Mitigation Monitoring Program. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Suisun City, State Clearinghouse No. 2019069029 (PRC 7757.9; A2229; RA# 2019058) (A 11; S 3) (Staff: D. Tutov)

  16        THE NANTUCKET REVITALIZATION LLC (APPLICANT): Consider application for a General Lease – Other of sovereign land located in the Carquinez Strait, adjacent to 501 Port Street, Crockett, Contra Costa County; for maintenance, debris removal, and monitoring of subject property. CEQA Consideration: categorical exemptions. (A2081; RA# 20118) (A 14; S 3) (Staff: V. Caldwell)

  17        LINDA BEERS HEISIG (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Whiskey Slough, adjacent to 399 South Boulton Road, near Stockton, San Joaquin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6009.1; A2185; RA# 2019027) (A 13; S 5) (Staff: D. Tutov)

  18        KIT H. KINNE AND LISA MACK KINNE (ASSIGNOR); BRIAN AND CATHERINE MULHOLLAND (ASSIGNEE): Consider assignment of Lease No. PRC 5865.1, a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 7257 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: not a project. (PRC 5865.1; A2190; RA# 2019030) (A 7; S 6) (Staff: D. Tutov)

  19        PORT SONOMA ASSOCIATES, LLC (LESSEE): Consider revision of rent to Lease No. PRC 5650.1, a General Lease – Right-of-Way Use, sovereign land located in the Petaluma River, adjacent to Assessor’s Parcel number 068-140-026, near Black Point, Marin and Sonoma Counties; for a waterline and public access easement. CEQA Consideration: not a project. (PRC 5650.1) (A 10; S 3) (Staff: N. Lavoie)

  20        ESPERANZA ROSS (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 13880 State Highway 160, near Walnut Grove, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8501.1; A2157; RA# 2019008) (A 11; S 3) (Staff: G. Asimakopoulos)

  21        TEACHERS BEACH ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land in Tomales Bay, adjacent to assossor’s parcel numbers 112-011-14 and 112-011-15, near Inverness, Marin County; for an existing pier, appurtenant facilities, a boat hoist, float, boat shed, deck, groin retaining wall, stairs, access road and grass area. CEQA Consideration: categorical exemption. (Lease 4899.1; RA# 14917) (A 10; S 2) (Staff: D. Tutov)

Central / Southern Region

  22        BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT (LESSEE): Consider amendment to Lease No. PRC 9364.1, a General Lease – Beach Replenishment and Protective Structure Use, of sovereign land located in the Pacific Ocean at Broad Beach, Malibu, Los Angeles County, to extend the grace period for project completion and authorize a restatement of the lease. CEQA Consideration: statutory exemption. (PRC 9364.1; A2031; RA# 24218) (A 50; S 27) (Staff: D. Simpkin)

  23        CALIFORNIA-AMERICAN WATER COMPANY (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in the Pacific Ocean, near Marina, Monterey County; for the placement and operation of ocean water quality monitoring equipment. CEQA Consideration: Environmental Impact Report/Statement, certified by the California Public Utilities Commission and the Monterey Bay National Marine Sanctuary, State Clearinghouse No. 2006101004. (A2147; RA# 27118) (A 29; S 17) (Staff: D. Simpkin)
Removed from agenda 11/26/19

  24        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider application for a Public Agency Permit and Right-of-Way Maps pursuant to Section 101.5 of the Streets and Highways Code and Section 6210.3 of the Public Resources Code, of sovereign land located at Owens Lake, near Cartago, Inyo County; for a project to widen US Route 395. CEQA Consideration: Environmental Impact Report, certified by the California Department of Transportation, State Clearinghouse No. 2010091023, and adoption of a Mitigation Monitoring Program and Statement of Findings. (A2114; RA# 29818) (A 26; S 8) (Staff: D. Simpkin)

  25        CALIFORNIA RESOURCES PETROLEUM CORPORATION (LESSEE): Consider amendment to Lease No. PRC 3913.1, a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near Emma Wood State Beach, Ventura County; to extend the lease term. CEQA Consideration: categorical exemption. (PRC 3913.1; RA# 05018) (A 37; S 19) (Staff: C. Hudson)

  26        CITY OF ENCINITAS (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean at Batiquitos Beach, Moonlight State Beach, Leucadia State Beach, and Cardiff State Beach, Encinitas, San Diego County; for the deposition of sand under the City of Encinitas Opportunistic Beach Fill Program. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Encinitas, State Clearinghouse No. 2013111057. (Lease 8817.9; A2193; RA# 2019033) (A 76; S 36) (Staff: L. Pino)

  27        CITY OF PISMO BEACH (LESSEE): Consider amendment of Lease No. PRC 6674.1, a General Lease – Public Agency Use, of sovereign land in the Pacific Ocean, Pismo Beach, San Luis Obispo County; to authorize the operation and maintenance of up to two food or bait concessions, and an information kiosk on the pier.  CEQA Consideration: categorical exemption. (PRC 6674.1; A2255; RA# 2019071) (A 35; S 17) (Staff: L. Pino)

  28        FRANK B. DEGELAS AND DONNA L. DEGELAS, AS TRUSTEE(S) OF THE FRANK AND DONNA DEGELAS TRUST ESTABLISHED 2-27-2003 (APPLICANT): Consider amendment of Lease No. PRC 7986.1, a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 3632 Venture Drive, Huntington Beach, Orange County; to remove and replace a boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (PRC 7986.1; A2282; RA# 2019084) (A 72; S 34) (Staff: K. Connor)

  29        JOE V. HERNANDEZ OR SHARON J. HERNANDEZ, TRUSTEES OR THEIR SUCCESSORS IN TRUST UNDER THE HERNANDEZ FAMILY LIVING TRUST DATED JUNE 12, 1997 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 16831 Marina Bay Drive, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W26997; A2187; RA# 2019028) (A 72; S 34) (Staff: K. Connor)

  30        OAK HILLS ESTATE, LLC (APPLICANT): Consider rescission of approval, and issuance of a General Lease – Other, of sovereign land located in Burton Mesa Ecological Reserve, near Lompoc, Santa Barbara County; for the installation, use, and maintenance of habitat restoration and mitigation; and consider accepting a deposit into the Kapiloff Land Bank Fund. CEQA Considerations: Environmental Impact Report, certified by the County of Santa Barbara, State Clearinghouse No. 2015111069, and adoption of a Mitigation Monitoring Program and Statement of Findings; statutory exemption. (Lease 9570.9; RA# 34917) (A 35; S 19) (Staff: R. Collins)
Exhibits A-1 through A-7 revised 12/03/19

  31        PARADISE COVE LAND COMPANY, LLC (APPLICANT): Consider application for a General Lease – Commercial Use, of sovereign land located in the Pacific Ocean at Paradise Cove, Malibu, Los Angeles County; for an existing pier. CEQA Consideration: categorical exemption. (Lease 391.1; RA# 11718) (A 50; S 27) (Staff: D. Simpkin)
Removed from agenda 12/03/19

  32        SEA HARBOUR STATE CHANNEL SLIP OWNERS ASSOCIATION, INC. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour adjacent to 17100 through 17154 Bluewater Lane, Huntington Beach, Orange County; for 30 existing boat slips. CEQA Consideration: categorical exemption. (Lease 4953.1; A2139; RA#32518) (A 70; S 35) (Staff: L. Pino)

  33        GERALD R. TARPO AND SHARON A. TARPO, AS CO-TRUSTEES OF THE JERRY AND SHARON TARPO REVOCABLE TRUST UDT AUGUST 16, 2002 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16981 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock and access ramp previously authorized by the Commission, and a cantilevered deck not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3566.1; A2106; RA# 29118) (A 72; S 34) (Staff: K. Connor)

  34        ING LIONG WONG AND CHU FONG WONG, AS TRUSTEES UNDER THE WONG 1986 FAMILY TRUST (CREATED BY A DECLARATION OF TRUST DATED SEPTEMBER 18, 1986) (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16891 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, and bulkhead protection. CEQA Consideration: categorical exemption. (Lease 3254.1; A2174; RA# 2019017) (A 72; S 34) (Staff: K. Connor)

School Lands

  35        CITIZENS TELECOMMUNICATIONS COMPANY OF CALIFORNIA INC. (LESSEE): Consider revision of rent to Lease No. PRC 8145.2, a General Lease - Right-of-Way Use, of State school land in a portion of Section 16, Township 35 North, Range 5 East, MDM, near Burney, Shasta County; for a fiber-optic cable and appurtenant facilities. CEQA Consideration: not a project. (PRC 8145.2) (A 1; S 1) (Staff: N. Lee)

  36        PACIFIC GAS AND ELECTRIC (LESSEE): Consider revision of rent to Lease No. PRC 7562.2, a General Lease – Right-of-Way Use, of State indemnity school land in portions of Section 26 and 27, Township 9 North, Range 2 East, SBM, near Newberry Springs, San Bernardino County; for a gas transmission line, blow-off line, and communication line. CEQA Consideration: not a project. (PRC 7526.2) (A 33; S 16) (Staff: K. Foster)

  37        SIERRA PACIFIC INDUSTRIES (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State-owned school land located in portions of Section 36, Township 36 North, Range 4 West and Section 36, Township 36 North, Range 5 West, MDM, northeast of Lakehead, Shasta County; for construction, use and maintenance of two access roads. CEQA Consideration: CEQA equivalent document. (W27211; RA# 11118) (A 1; S 1) (Staff: J. Porter)

  38        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rent for Lease No. PRC 9194.2, a General Lease – Right-of-Way Use, of State school land in a portion of Section 36, Township 15 North, Range 8 East, SBM, San Bernardino County; for an existing underground utility line. CEQA Consideration: not a project. (PRC 9194.2) (A 33; S 16) (Staff: K. Foster)

  39        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rent for Lease No. PRC 2679.2 a General Lease – Right-of-Way Use, of 14.39 acres, more or less, of State-owned indemnity lands located in portions of Sections 3, 4, and 10, Township 3 North, Range 3 East; Sections 29, 30, 32, and 33, Township 4 North, Range 3 East; and Sections 21, 22, 23, and 25, Township 4 North, Range 2 East, SBM, south of Barstow, San Bernardino County; for an existing overhead electrical distribution line. CEQA Consideration: not a project. (PRC 2679.2) (A 33; S 16) (Staff: J. Porter)

  40        SOUTHERN CALIFORNIA EDISON COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State-owned school land located within a portion of Section 36, Township 20 North, Range 8 East, SBM, San Bernardino and Inyo counties, and a portion of Section 36, Township 20 North, Range 9 East, SBM, southeast of Tecopa, San Bernardino County; for an overhead electric distribution line and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 4629.2; A2226; RA# 2019052) (A 33; S 16) (Staff: J. Porter)

Mineral Resources Management

  41        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of qualifying mileages for subventions for Fiscal Year 2019-2020 to the cities of Huntington Beach and Seal Beach, located in Orange County; and to the city of Long Beach, located in Los Angeles County. CEQA Consideration: not a project. (W 4848.1, W 4848.4, W 4848.8) (A 70, 72, 74; S 33, 34, 37) (Staff: N. Heda, D. Cook)

  42        DAVID EVANS AND ASSOCIATES, INC. (APPLICANT): Consider an application for a General Permit to conduct geophysical surveys on sovereign tide and submerged lands under the jurisdiction of the California State Commission. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A2273; RA# 2019080) (A & S: Statewide) (Staff: R. B. Greenwood)

  43        FUGRO USA MARINE, INC. (APPLICANT): Consider an application for a General Permit to conduct geophysical surveys on sovereign tide and submerged lands under the jurisdiction of the California State Commission. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A2280; RA# 2019098) (A & S: Statewide) (Staff: R. B. Greenwood)

  44        MERKEL & ASSOCIATES, INC. (APPLICANT): Consider an application for a General Permit to conduct geophysical surveys on sovereign tide and submerged lands under the jurisdiction of the California State Commission. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A2270; RA# 2019085) (A & S: Statewide) (Staff: R. B. Greenwood)

  45        TERRASOND, LIMITED (APPLICANT): Consider an application for a General Permit to conduct geophysical surveys on sovereign tide and submerged lands under the jurisdiction of the California State Commission. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A2289; RA#2019092) (A & S: Statewide) (Staff: R. B. Greenwood)

Marine Environmental Protection – no items

Administration

  46        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider granting authority to the Executive Officer to solicit proposals for consultant services, negotiate a fair and reasonable price, and award and execute an agreement for preparation of the Commission’s 2021-2025 Strategic Plan.  CEQA Consideration: not a project. (W 27242) (A & S: Statewide) (Staff: C. Connor, K. Forbes)

  47        CALIFORNIA STATE LANDS COMMISSION, ACTING AS THE SCHOOL LAND BANK FUND TRUSTEE (PARTY): Consider granting authority to the Executive Officer to either enter into an interagency agreement or solicit proposals for consultant services, negotiate a fair and reasonable price, and award and execute an agreement to conduct an inventory of the Commission’s forested school lands and prepare a forest management plan or plans. CEQA Consideration: not a project. (W 27241) (A & S: Statewide) (Staff: C. Connor, K. Forbes)

Legal

  48        CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, CALIFORNIA STATE LANDS COMMISSION, THE SIERRA CLUB, THE OWENS VALLEY COMMITTEE, AND THE CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER: TO RESOLVE LITIGATION CHALLENGING THE CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER’S WELL 385R PUMPING TEST (PARTIES): Consider approval of a settlement agreement to resolve litigation challenging the City of Los Angeles Department of Water and Power's pumping test for Well 385R. CEQA Consideration: not a project. (Owens Valley Committee v. City of Los Angeles, Los Angeles Department of Water and Power; Los Angeles Department of Water and Power Board of Commissioners, Case No. SICVCV17-61853) (A 26; S 8) (Staff: J. Garrett)
Exhibit A revised 12/04/19

  49        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider amendment of the Comprehensive Delegation of Authority, as amended, to: authorize the Executive Officer to approve certain lease assignments and certain rent revisions; re-delegate various budget, fiscal, and personnel matters to the Assistant Chief, Administrative Services Division; modify criteria for granting letters of non-objection; and make other modifications. CEQA Consideration: not a project. (W 9301) (A & S: Statewide) (Staff: E. Kennedy)

Kapiloff Land Bank Trust Acquisition – no items

External Affairs

Granted Lands

  50        CALIFORNIA STATE LANDS COMMISSION AND THE CITY OF VALLEJO (PARTIES): Consider amending the October 30, 1981 exchange agreement between the State of California, acting by and through the State Lands Commission, and the city of Vallejo, to terminate the state’s Public Trust interest on an additional 1.6 acres of land located in the city of Vallejo, Contra Costa County. CEQA Consideration: statutory exemption. (G 17-02) (A 14; S 3) (Staff: R. Boggiano, A. Kershen)

  51        CITY OF LONG BEACH (TRUSTEE): Review a proposed tideland oil revenue expenditure in an amount not to exceed $500,000 by the City of Long Beach for one capital improvement project located on or adjacent to legislatively granted sovereign land in the of the City of Long Beach, Los Angeles County. CEQA Consideration: not a project. (G 05-03) (A 70; S 33) (Staff: M. Moser)

V.         Informational Calendar – see Regular Calendar

VI.        Regular Calendar 52-58 

  52        EQUILON ENTERPRISES, LLC DBA SHELL OIL PRODUCTS US (ASSIGNOR); MARTINEZ REFINING COMPANY LLC (ASSIGNEE): Consider assignment and amendment of Lease No. PRC 4908.1, a General Lease – Industrial Use, of sovereign land located in the Carquinez Strait, Martinez, Contra Costa County; for an existing marine oil terminal wharf and appurtenant facilities. CEQA Consideration: not a project. (PRC 4908.1; A2162; RA# 2019013) (A 14; S 3) (Staff: D. Tutov, J. Fabel)

  53        IDEOL USA, INC. (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in the Pacific Ocean, between the Vandeberg State Marine Reserve and Point Conception State Marine Reserve, near Lompoc, Santa Barbara County; for scientific data collection, including the installation, use, and maintenance of a buoy. CEQA Consideration: categorical exemption. (A2152; RA# 2019005) (A 35, 37; S 19) (Staff: S. Meshkati, G. Kato)
Removed from agenda 12/06/19

  54        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider authorization, as trustee of the School Land Bank Fund, for the sale and issuance of a patent of 17.13 gross acres, more or less, of State-owned school land; consider authorization of an application for a General Lease – Public Agency Use, of 1.07 acres, more or less, of State-owned school land for a dirt access road with both the sale of the 17.13 gross acres and the lease conditioned on the conceptual commitment to preserve a culturally significant adjacent parcel; and consider authorization of an archaeological permit, all located in Section 36, Township 18 South, Range 36 East, MDM, north of Cartago, Inyo County. CEQA Consideration: Environmental Impact Report, certified by the California Department of Transportation, State Clearinghouse No. 2010091023, and adoption of a Mitigation Monitoring Program and Statement of Findings. (SA5773, A2115; RA# 30018) (A 26; S 8) (Staff: J. Porter, C. Huitt, J Mattox, P. Huber)
Staff Report revised 12/05/19

  55        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider adopting a resolution supporting infrastructure projects and operational changes to prevent transboundary pollution in the Tijuana River Valley and Pacific Ocean, San Diego County. CEQA Consideration: not a project. (A & S: Statewide) (Staff: J. Lucchesi, B. Johnson, K. Robinson-Filipp)

  56        CALIFORNIA BOARD OF FORESTRY (INFORMATIONAL): Presentation by the Board of Forestry on the California Vegetation Treatment Program, which will be implemented statewide to reduce wildfire risks. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: J. Lucchesi)

  57        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Progress report on the Commission’s first-year implementing its new Environmental Justice Policy. CEQA consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton, K. Robinson-Filipp)

  58        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Informational update on the Commission’s participation in the Government Alliance on Race and Equity Capitol Cohort. CEQA consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton, L. Lloyd)

VII.      Public Comment

VIII.     Commissioners’ Comments

IX.        Closed Session

At any time during the meeting the Commission may meet in a session of Government Code section 11126, part of the Bagley-Keene Open Meeting Act.

A.  Litigation

The Commission may consider pending and possible litigation pursuant to the confidentiality of attorney-client communications and privileges provided under Government Code section 11126, subdivision (e).

1.    The Commission may consider pending and possible matters that fall under Government Code section 11126, subdivision (e)(2)(A), concerning adjudicatory proceedings before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the Commission is a party. Such matters currently include the following:

·         Baywood, LLC and California State Lands Commission v. DOES

·         California Coastkeeper Alliance, California Coastal Protection v. California State Lands Commission

·         California State Lands Commission v. Signal Hill Service, Inc.; Pacific Operators, Inc., dba Pacific Operators Offshore, Inc.; DOES 1-100

·         Eugene Davis v. State of California and California State Lands Commission

·         In re: HVI Cat Canyon, Inc., Bankruptcy Chapter 11

·         In re: PG&E Corporation and Pacific Gas and Electric Company, Bankruptcy Chapter 11

·         In re: Rincon Island Limited Partnership Chapter 7

·         In re: Venoco, LLC, Bankruptcy Chapter 11

·         Madden v. City of Redwood City

·         Martins Beach 1, LLC and Martins Beach 2, LLC v. Effie Turnbull-Sanders, et al.

·         Oakland Bulk and Oversized Terminal, LLC v. City of Oakland

·         Owens Valley Committee v. City of Los Angeles, Los Angeles Department of Water and Power, et al.

·         Public Watchdogs v. California State Lands Commission

·         Safe Embarcadero for All v. State ex rel. State Lands Commission, City and County of San Francisco

·         San Francisco Baykeeper, Inc. v. State Lands Commission

·         San Joaquin River Exchange Contractors Water Authority v. State of California; State Lands Commission

·         Seacliff Beach Colony Homeowners Association v. State of California, et al.

·         SLPR, LLC, et al. v. San Diego Unified Port District, California State Lands Commission

·         SOS Donner Lake v. State of California, et al

·         State of California v. International Boundary and Water Commission, et al.

·         State Lands Commission v. Plains Pipeline, L.P., et al.

·         United States v. Walker River Irrigation District, et al.

2.    The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(b), under which;

a.   A point has been reached where, in the opinion of the Commission, on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the Commission, or

b.   Based on existing facts and circumstances, the Commission is meeting only to decide whether a closed session is authorized because of a significant exposure to litigation against the Commission.

3.    The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(C), where, based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.

B.   Conference with real property negotiators

The Commission may consider matters that fall under Government Code section 11126, subdivision (c)(7), under which, prior to the purchase sale, exchange, or lease of real property by or for the Commission, the directions may be given to its negotiators regarding price and terms of payment for the purchase, sale, exchange, or lease. At the time of publication of this Agenda, it is not anticipated that the Commission will discuss any such matters; however, at the time of the scheduled meeting, a discussion of any such matter may be necessary or appropriate.

C.  Other matters

The Commission may also consider personnel actions to appoint, employ, or dismiss a public employee as provided for in Government Code section 11126(A)(1).