California State Lands Commission

Betty T. Yee, State Controller, Chair

Eleni Kounalakis, Lieutenant Governor, Member

Keely Bosler, Director of Department of Finance, Member

Original Agenda Posted 2:30 PM on Friday, January 24, 2020

SPECIAL MEETING

Agenda

VOTING RECORD

February 4, 2020

Holiday Inn Sacramento Downtown-Arena

Fresno/El Dorado Room
300 J Street
Sacramento, California 95814

10:00 AM

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

· BETTY T. YEE, State Controller,

· ELENI KOUNALAKIS, Lieutenant Governor

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

VOTE:

CONSENT CALENDAR:

· CONSENT ITEM 01 WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES

REGULAR CALENDAR:

· CONSENT ITEM 02 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQURIED

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. Consent Calendar 01

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

Land Management

Northern Region – no items

Bay / Delta Region – no items

Central / Southern Region

01 CALIFORNIA RESOURCES PETROLEUM CORPORATION (LESSEE): Consider adoption of a Mitigated Negative Declaration, State Clearinghouse No. 2019120471, adoption of a Mitigation Monitoring Program, and amendment of 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; for full removal of two non-operational seawater intake pipelines and one non-operational outfall pipeline under the proposed Intake/Outfall Structures Decommissioning Project. (PRC 3913.1; RA# 05018) (A 37; S 19) (Staff: C. Hudson)
Staff Report revised 01/30/2020

School Lands – no items

Mineral Resources Management – no items

Marine Environmental Protection – no items

Administration – no items

Legal – no items

Kapiloff Land Bank Trust Acquisition – no items

External Affairs – no items

III. Informational Calendar – no items

IV. Regular Calendar 02

02 CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Informational update on implementation of the Commission’s 2016-2020 Strategic Plan and stakeholder panel discussion to solicit input to inform the development of the Commission’s 2021-2025 Strategic Plan. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: J. Lucchesi, C. Connor, B. Stoddard)

V. Public Comment

VI. Commissioners’ Comments

VII. 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

· California State Lands Commission, et al. v. Martins Beach 1 LLC, et al.

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

· Hollister Ranch Owners Association v. Xavier Becerra, et al.

· 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

· John W. Lebolt and Richard A. Lebolt v. City and County of San Francisco

· 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.

· People of the State of California, ex rel. the Regional Water Quality Control Board, San Diego Region v. International Boundary and Water Commission

· Public Watchdogs v. California State Lands Commission

· Renee Walton v. City and County of San Francisco; Port Commission of San Francisco, et al.

· 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).