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, August 7, 2020

REGULAR MEETING

Agenda

VOTING RECORD

August 20, 2020

1:00 PM

Pursuant to the Governor’s Executive Orders N-29-20 and N-33-20 as well as the California Department of Public Health’s recommendations regarding public gatherings, this meeting will be a remote meeting only accessed by two video options and a teleconference. There will be no physical meeting location.

Join the meeting over the web from your PC, tablet, or smart phone using the following Zoom link: https://us02web.zoom.us/j/84533913572?pwd=djJWSi83‌‌dEx2SU5WQWRPeGpYL3RRUT09

Password: 724123

Join the meeting by phone using the following call-in numbers: 1 (301) 715-8592 or 1 (312) 626-6799 and use the Webinar ID 845 3391 3572

 

COMMISSIONERS PRESENT:

·         BETTY T. YEE, State Controller

·         ELENI KOUNALAKIS, Lieutenant Governor (Matt Dumlao, Environmental Policy Advisor and Alternate, participated for Items 01, 55, 59, 60, 61, and 62)

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

VOTE:

·         The minutes of the june 23, 2020 meeting were approved by a vote of 3-0 (YEE–yes; kounalakis–Yes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEM 25 WAS REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 01 AND 55 WERE MOVED TO THE REGULAR CALENDAR

·         CONSENT ITEMS 02-24, 26-54, 56, AND 57 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 58 – WAS INFORMATIONAL – NO VOTE REQUIRED

REGULAR CALENDAR

·         CONSENT ITEM 01 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

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

·         item 59 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 60 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         ITEM 61 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         ITEM 62 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

Meeting Procedures

During the COVID-19 pandemic, the California State Lands Commission is conducting business remotely as we comply with State of California directives and orders for physical distancing and staying at home. The Commission is committed to ensuring that our public meetings are accessible to the public and that the public has the opportunity to observe the meeting and to participate by providing written and verbal comment on Commission matters. During this extraordinary time, and as we explore new ways of doing business with new technologies, we ask that you remain patient with us. Please don’t hesitate to reach out to technical support for technical problems.

The instructions below outline how members of the public can access virtual Commission meetings and provide public comment.

  1. How to Join

a.   Go to the State Lands Commission Public Meetings.

b.   Navigate to the current Commission meeting, and click the “Agenda” to get the Zoom Webinar link for that meeting

c.   You can join the meeting from a desktop computer, laptop, mobile device, or telephone. You can learn more about Joining a Zoom Meeting.

                                      i.        If you are calling in, but would like to access meeting materials, please visit Commission Public Meetings.

                                     ii.        We recommend that you test out your device, internet connection, and Zoom app compatibility well before attempting to join the meeting.

d.   When prompted, provide your name and email address to be placed in the meeting. You will automatically be muted when joining as an attendee.

e.   Members of the public can listen or watch the meeting via a live webcast. This is the traditional State Lands Commission Meeting webcast option. If you do not wish to comment on any item, we strongly encourage you to view the webcast using this link: www.cal-span.org; this will free up space on the Zoom Webinar for people who wish to verbally comment.

f.     For any technical questions, please email technical support.

  1. Providing Public Comment

a.   Public comment for virtual State Lands Commission meetings can be provided in multiple ways.

                                      i.        Written Comments

1.    You are welcome to submit written comments to the Commission via email. Please send your comment to cslc.commissionmeetings@slc.ca.gov. 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.

2.    In the subject line of your email, indicate the meeting date and the topic of your comment.

3.    If you are writing in regard to an item on the Commission's agenda, please include the meeting date and item number in the email subject line. You can find the item number on the meeting agenda.

a.   For example, if you are writing in reference to Item 6 on the Commission's August 20 meeting agenda, the subject line of your email would read: "SUBJECT: 8/20/2020: Item 6"

        1. If you are writing with a general comment, please include the date of the Commission meeting and a brief title for your comment.

a.    For example: "SUBJECT: 8/20/2020: Comment on Planning for Rising Sea Levels"

      1. Verbal Comments

1.    Members of the public who wish to comment verbally can do so in two ways:

a.   Join the meeting over the web from your PC, tablet, or smart phone using the following Zoom link: https://us02web.zoom.us/j/84533913572?‌pwd=djJWSi83dEx2SU5WQWRPeGpYL3RRUT09

Password: 724123

b.  Join the meeting by phone using the following call-in numbers: 1 (301) 715-8592 or 1 (312) 626-6799 and use the Webinar ID 845 3391 3572

2.    Persons speaking at State Lands Commission meetings are accustomed to filling out a speaker card. To allow for a more orderly process of identifying speakers in advance, the Commission will use virtual speaker cards. The virtual speaker card will allow the Commission staff to identify commenters interested in a particular item, locate them within the Zoom Webinar attendee list, and unmute them so they can address the Commission at the appropriate time.

To request to speak on an item:

·         By 12 noon on the day of the Commission Meeting.

o    Send an email to cslc.commissionmeetings@slc.ca.gov

o    In the subject line, indicate: August 20, 2020 Speaker Comment

o    In the body of the email, indicate:

§  Your name

§  Who you represent (i.e., self, another person, an organization)

§  The item number and name you wish to speak on

§  Whether you definitely want to speak, or you are unsure and will decide during the item whether you want to speak

§  Whether you intend to participate via videoconference or telephonically

§  If calling in, please provide the last three digits of the phone number you will be calling from

If you do not send an email by 12 noon, please send the email as soon as you can. If you are unable to send an email, you will still be able to provide verbal comments. Please raise your hand using the Zoom Webinar hand raise function or dial *9 if calling from a telephone.

1.    At the beginning of the meeting and for each agendized item at the public meeting, the Commission will ask whether there are any requests for public comment.

2.    If you want to provide verbal comments on a specific agenda item, you will need to “Raise your hand” during the Zoom meeting. *If calling into the meeting from a telephone, you can use “Star (*) 9” to raise/lower your hand.

3.    Once your hand is raised and it is your turn to speak, the Commission staff will unmute you, announce your name, and you will be able to make your public comment to the Commission. *Depending on how you have called in, you may also need to unmute yourself on your device.

4.    A speaker's time allotment is generally 3 minutes but is ultimately at the discretion of the Chair. It is strongly recommended, though not required, that public comments be submitted in writing beforehand so they can be distributed to all Commission members for review prior to the meeting. After your public comment, your hand will be lowered and you will be placed back on mute.

Contact

·         Public Comments: cslc.commissionmeetings@slc.ca.gov

·         General Comments or Questions: 916.574.1800 or cslc.commissionmeetings@slc.ca.gov

·         Technical Support: SLC.HelpDesk@slc.ca.gov

Access to meetings (Reasonable Accommodation)

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.

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.             1:00 PM – Open Session

II.           Public Comment

Public comments will be heard at 1:00 pm for items not on the agenda, for no more than 30 minutes. At the discretion of the Chair, speakers will be given up to 3 minutes. For those unable to attend the early public comment period, there may be additional comment time available later in the day. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.

III.          Confirmation of Minutes for the June 23, 2020 meeting

IV.        Executive Officer’s Report

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

·         Southern California Gas Company (Lessee): Continuation of rent at $42,968 per year for a General Lease – Right-of-Way Use of eight parcels of State school land in portions of Section 36, Township 10 North, Range 13 East, SBM; Section 36, Township 10 North, Range 14 East, SBM; Section 16, Township 7 North, Range 1 East, SBM; Section 16, Township 7 North, Range 10 East, SBM; Section 16, Township 7 North, Range 13 East, SBM; Section 16, Township 7 North, Range 21 East, SBM; Section 16, Township 8 North, Range 20 East, SBM; and Tract 41, Township 8 North, Range 20 East, SBM, San Bernardino County. (PRC 1801)

·         Southern California Gas Company (Lessee): Continuation of rent at $545 per year for a General Lease – Right-of-Way Use of sovereign land in and adjacent to the San Dieguito River, near Del Mar, San Diego County. (PRC 8896)

·         Tulare County Resource Management Agency (Lessee): Continuation of rent at $223 per year for a General Lease – Public Agency Use of sovereign land in the Kings River, near Dinuba, Tulare County. (PRC 8900)

V.         Consent Calendar 01-57 

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        MICHAEL G. AKATIFF AND CHRISTY D. AKATIFF, TRUSTEES OF THE MICHAEL G. AKATIFF AND CHRISTY D. AKATIFF REVOCABLE LIVING TRUST (LESSEE); MARK R. GILMARTIN, TRUSTEE OF THE MARK R. GILMARTIN 2006 TRUST (LESSEE); MICHAEL G. AKATIFF AND CHRISTY D. AKATIFF, TRUSTEES OF THE MICHAEL G. AKATIFF AND CHRISTY D. AKATIFF REVOCABLE LIVING TRUST; MARK R. GILMARTIN, TRUSTEE OF THE MARK R. GILMARTIN 2006 TRUST; AND HENRY F. TELFEIAN AND ELIZABETH K. STAGE (APPLICANT): Consider delegating authority to the Executive Officer to accept a lease quitclaim deed for Lease No. PRC 8271, a General Lease – Recreational Use; delegating authority to the Executive Officer to accept a lease quitclaim deed for Lease No. PRC 8976, a General Lease Recreational Use; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8778, 8780, 8782, and 8796 Brockway Vista Avenue, Kings Beach, Placer County, for three existing mooring buoys previously authorized by the Commission; construction, use, and maintenance of a joint-use pier with four boat lifts; and removal of three existing mooring buoys and one double personal watercraft lift. CEQA Consideration: categorical exemptions. (Lease 8271; A2342; RA# 2019118) (A 1; S 1) (Staff: S. Avila)
Public Comment Letters

  02        JOHN D. BRADY, TRUSTEE OF THE JOHN D. AND JUDY V. BRADY 1980 REVOCABLE LIVING TRUST AS AMENDED AND RESTATED DECEMBER 13, 1990 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, near 4310 North Lake Boulevard, Carnelian Bay, Placer County; for an existing pier and boat lift. CEQA Consideration: categorical exemption. (Lease 5405; A2235; RA# 2019197) (A 1; S 1) (Staff: L. Anderson)

  03        BROCKWAY SPRINGS OF TAHOE PROPERTY OWNERS ASSOCIATION I AND II, INC. (LESSEE); BST III OWNERS ASSOCIATION, INC. (APPLICANT): Consider amendment to Lease No. PRC 7939, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 9680 Brockway Springs Drive, near Brockway, Placer County; to add the Applicant as a Lessee and consolidate the use and maintenance of an existing pier with floating dock and gangway, hot springs deck and breakwater, swim area with swim line and float, and 15 mooring buoys previously authorized under Lease No. PRC 1691. CEQA Consideration: categorical exemption. (PRC 7939; RA# 08717) (A 1; S 1) (Staff: A. Franzoia)

  04        FRANK CASALE AND TERESA M. CASALE (LESSEE); DANIEL S. HAAS, AS TRUSTEE OF THE DANIEL S. HAAS TRUST DATED DECEMBER 21, 2004 (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease No. PRC 8643, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 720 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8643; A2102) (A 1; S 1) (Staff: J. Toy)

  05        PETER E. HAAS JR., INDIVIDUALLY AND AS TRUSTEE OF THE PETER HAAS TRUST, ESTABLISHED UNDER THE PETER AND JOANNE HAAS FAMILY TRUST INSTRUMENT, DATED MAY 3, 2001; DANIEL S. HAAS, INDIVIDUALLY AND AS TRUSTEE OF THE DANIEL S. HAAS TRUST, DATED DECEMBER 21, 2004; AND BRADLEY J. HAAS, INDIVIDUALLY AND AS TRUSTEE OF THE BRADLEY J. HAAS TRUST, DATED MARCH 17, 2009 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5690 West Lake Boulevard, near Homewood, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3512; A2219; RA# 2019046) (A 1; S 1) (Staff: J. Toy)

  06        WELLINGTON S. HENDERSON, JR., AS TO A LIFE ESTATE; AND WELLINGTON S. HENDERSON, JR., AND RICHARD L. GREENE AS TRUSTEES OF THE HARRIET WALKER HENDERSON IRREVOCABLE TRUST U/T/A DATED AUGUST 14, 1973 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8901 Rubicon Drive, near Meeks Bay, El Dorado County; for an existing pier, boathouse, boat hoist, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4471; A2524; RA# 2019239) (A 5; S 1) (Staff: L. Anderson)

  07        MEGANNE G. HOUGHTON-BERRY (LESSEE); LAURENTINUM LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP (APPLICANT): Consider acceptance of a quitclaim deed for Lease No. PRC 9038, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 9101 Highway 89 and 9120 South Lane, Tahoma, El Dorado County, for two existing mooring buoys previously authorized by the Commission and one existing mooring buoy not previously authorized; removal of one previously unauthorized mooring buoy; and construction of a joint-use pier, adjustable catwalk, boat lift, stairs, and ladders. CEQA Consideration: categorical exemptions. (Lease 9038; A2521; RA# 2019230) (A 5; S 1) (Staff: M.J. Columbus)

  08        DAVID WILLIAM JESKE, TRUSTEE OF THE DAVID W. JESKE TRUST UDT DATED 8/20/2009 (LESSEE): Consider amendment of Lease No. PRC 8266, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1780 North Lake Boulevard, near Tahoe City, Placer County; for construction, use, and maintenance of a pier, boat lift, catwalk, and ramp, and removal of one buoy. CEQA Consideration: categorical exemptions. (PRC 8266; A2522; RA# 2019226) (A 1; S 1) (Staff: A. Franzoia)

  09        LAKELAND VILLAGE OWNERS ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3535 Lake Tahoe Boulevard, South Lake Tahoe, El Dorado County; for an existing pier and three mooring bouys. CEQA Consideration: categorical exemption. (Lease 5490; A2467; RA# 2019285) (A 5; S 1) (Staff: L. Anderson)

  10        M. DAVID PAUL AND DIANE B. PAUL (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2020 West Lake Boulevard, near Sunnyside, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4284; A2254; RA# 2019067) (A 1; S 1) (Staff: J. Toy)

  11        JONATHAN D. RUGGIERO AND LAURIE L. RUGGIERO, AS TRUSTEES OF THE RUGGIERO TRUST DATED 4/1/2013; AND GREGORY H. ST. CLAIRE AND ANNE L. ST. CLAIRE, TRUSTEES OF THE ST. CLAIRE FAMILY TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3135 and 3145 West Lake Boulevard, near Homewood, Placer County; for an existing joint-use pier and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 5529; A2288; RA#18714) (A 1; S 1) (Staff: S. Avila)

  12        STEVEN J. SELL AND MARGARET D. WILLIAMS, TRUSTEES OF THE STEVEN J. SELL AND MARGARET D. WILLIAMS REVOCABLE INTER VIVOS TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4590 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8341; A2611; RA# 2019297) (A 1; S 1) (Staff: S. Avila)

  13        M. RICHARD SMITH AND REBECCA W. SMITH, AS TRUSTEES OF THE SMITH 2002 FAMILY TRUST, AMENDED AND RESTATED MAY 2, 2007 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8227 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier, boat lift, and two mooring bouys. CEQA Consideration: categorical exemption. (Lease 7315; A2306; RA# 2019180) (A 5; S 1) (Staff: L. Anderson)

  14        TAHOE LLC, A SOUTH DAKOTA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6820 West Lake Boulevard, near Tahoma, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3548; A2362; RA# 2019135) (A 1; S 1) (Staff: J. Toy)

  15        WSC INVESTORS, LLC (LESSEE) HOMEWOOD VILLAGE RESORTS, LLC (SUBLESSEE): Consider revision of rent to Lease No. PRC 8052, a General Lease – Commercial Use, of sovereign land in Lake Tahoe, adjacent to 5160 West Lake Boulevard, near Homewood, Placer County; for an existing restaurant accommodation pier. CEQA Consideration: not a project. (PRC 8052) (A 1; S 1) (Staff: N. Lee)

  16        RANDOLPH K. YACKZAN AND LYNNE U. YACKZAN, TRUSTEES OF THE YACKZAN FAMILY REVOCABLE TRUST DATED OCTOBER 15, 1997; AND UNGER ENTERPRISES LP, A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, near 4330 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse, and boat hoist. CEQA Consideration: categorical exemption. (Lease 5267; A2415; RA# 2019175) (A 1; S 1) (Staff: L. Anderson)

Bay / Delta Region

  17        27 GEISSBERGER LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 1341 South Eliseo Drive, near Greenbrae, Marin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 4495; A2406; RA# 2019169) (A 10; S 2) (Staff: G. Asimakopoulos)

  18        805 SOUTH ELISEO HOMEOWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in Corte Madera Creek, adjacent to 805 South Eliseo Drive, near Greenbrae, Marin County; for existing bank protection, and installation of additional bank protection. CEQA Consideration: categorical exemptions. (Lease 8838; A2180; RA# 2019205) (A 10; S 2) (Staff: G. Asimakopoulos)

  19        BERT E. BLACKWELDER AND ARAMINTA D. BLACKWELDER (LESSEE); STEPHEN C. SPENCER AND PATRICIA M. SPENCER, TRUSTEES OF THE SPENCER FAMILY TRUST, DATED OCTOBER 22, 2002 (APPLICANT): Consider termination of Lease No. PRC 5564, a General Lease – Recreational and Protective Structure Use, and an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 175 Edgewater Drive, Rio Vista, Solano County; for existing concrete stairs, pilings, and bank protection; and proposed construction of a floating boat dock and gangway. CEQA Consideration: categorical exemptions. (Lease 5564; A2587; RA# 2019282) (A 11; S 3) (Staff: V. Caldwell)

  20        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider application for a Public Agency Permit and Right-of-Way Map pursuant to Section 101.5 of the Streets and Highways Code, of sovereign land located in the Tolay Creek, adjacent to 4100 Sears Point Road near Sonoma, Sonoma County; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 4625; A2537; RA# 2019256) (A 10; S 3) (Staff: D. Tutov)

  21        CHRIS CARLINO, TRUSTEE OF THE CHRIS CARLINO TRUST DATED 02/22/2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 6333 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock and appurtenant facilities previously authorized by the Commission and an existing boat lift and personal watercraft float not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7224; A2632; RA# 2019321) (A 7; S 6) (Staff: J. Holt)

  22        CITY OF SACRAMENTO (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Sacramento River at Garcia Bend Park, Sacramento, Sacramento County; for an existing boat launch ramp and appurtenant facilities, and maintenance dredging. CEQA Consideration: categorical exemptions. (Lease 5021; A2410; RA# 2019184) (A 9; S 6) (Staff: M. Schroeder)

  23        COUNTY OF SACRAMENTO, DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Sutter Slough at its confluence with the Sacramento River, adjacent to 11919 Sutter Slough Bridge Road, near Courtland, Sacramento and Yolo Counties; for an existing swing bridge. CEQA Consideration: categorical exemption. (Lease 3699; A2580; RA# 2019280) (A 11; S 3) (Staff: J. Holt)

  24        EAST BAY MUNICIPAL UTILITY DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Mokelumne River, adjacent to 800 East Woodbridge Road, Woodbridge, San Joaquin County; for two existing conduits. CEQA Consideration: categorical exemption. (Lease 7452; A2460; RA# 2019286) (A 9; S 5) (Staff: J. Holt)

  25        EAST BAY REGIONAL PARK DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Carquinez Strait at Eckley Cove, near Crockett, Contra Costa County; for an existing public fishing pier. CEQA Consideration: categorical exemption. (Lease 7834; A2545; RA# 2019259) (A 14; S 3) (Staff: J. Holt) – Removed from agenda 08/19/2020

  26        ROBERT L. HULBERT AND ZULIMA O. HULBERT (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 673 Brickyard Drive, near Sacramento, Sacramento County; for an existing boat dock with boathouse, and appurtenant facilities previously authorized by the Commission, and electric and water utility outlets not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8513; A2407; RA# 2019173) (A 9; S 6) (Staff: G. Asimakopoulos)

  27        JOHN C. LAING AND ELIZABETH A. LAING, AS TRUSTEES OF THE 2000 JOHN C. LAING AND ELIZABETH A. LAING REVOCABLE TRUST DATED AUGUST 23, 2000, AS AMENDED AND RESTATED ON APRIL 22, 2013 (ASSIGNOR); LAGOM PROPERTIES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (ASSIGNEE): Consider assignment of Lease No. PRC 8793, a General Lease – Protective Structure Use, of sovereign land located in the Pacific Ocean, adjacent to 4610 Opal Cliff Drive, near Santa Cruz, Santa Cruz County; for an existing stem wall. CEQA Consideration: not a project. (PRC 8793; A2349; RA# 2019303) (A 29; S 17) (Staff: G. Asimakopoulos)

  28        LARKSPUR ISLE CONDOMINIUM ASSOCIATION, INC. (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in Corte Madera Creek, adjacent to 625 Larkspur Plaza Drive, near Larkspur, Marin County; for the installation, use, and maintenance of bank protection. CEQA Consideration: categorical exemption. (A2644; RA# 2019319) (A 10; S 2) (Staff: D. Tutov)

  29        OLS HOLDING, LLC (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 5311 Garden Highway, near Sacramento, Sacramento County; for existing bank protection. CEQA Consideration: categorical exemption. (Lease 4655; A2414; RA# 2019254) (A 7; S 6) (Staff: J. Holt)

  30        PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider rescission of prior Commission authorization of an amendment to Lease No. PRC 5438.1-B and consent to abandonment-in-place of a natural gas pipeline, of sovereign land located in the Sacramento River, near Isleton, Sacramento County. CEQA Consideration: categorical exemption. (PRC 5438.1-B) (A 11; S 3) (Staff: A. Franzoia)

  31        RANCHO MURIETA COMMUNITY SERVICES DISTRICT (LESSEE): Consider revision of rent to Lease No. PRC 7429, a General Lease – Right-of-Way Use, of sovereign land in the Cosumnes River, near Rancho Murieta, Sacramento County; for a water line within a casing. CEQA Consideration: not a project. (PRC 7429) (A 8; S 8) (Staff: N. Lee)

  32        SAN FRANCISCO SAILING WHALEBOAT ASSOCIATION, INC. (LESSEE): Consider revision of rent to Lease No. PRC 5437, a General Lease – Right-of-Way Use, of sovereign land located in White Slough at Empire Tract, adjacent to Assessor’s Parcel Number 069-080-15, near Terminous, San Joaquin County; for pilings and a walkway. CEQA Consideration: not a project. (PRC 5437) (A 13; S 5) (Staff: N. Lee)

  33        STARBIRD MARICULTURE, INC. (APPLICANT): Consider application for a General Lease – Commercial Use, of sovereign land located in Tomales Bay, adjacent to 18225 State Highway 1, near Marshall, Marin County; for a proposed mooring buoy. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (A2386; RA# 2019207) (A 10; S 2) (Staff: D. Tutov)

  34        SUISUN RESOURCE CONSERVATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Goodyear Slough, near Benicia, Solano County; for an existing boat dock and walkway previously authorized by the Commission, and five existing mooring poles not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8781; A2616; RA# 2019176) (A 14; S 3) (Staff: M. Schroeder)

  35        THE SPHERE INSTITUTE (LESSEE): Consider amendment to Lease 9596, a General Lease – Other, of sovereign land located in the historic bed of the San Francisco Bay, at 410 Airport Boulevard, Burlingame, San Mateo County; to extend the lease term and all associated submittal deadlines. CEQA Consideration: categorical exemptions. (Lease 9596; A2617; RA# 2019060) (A 22; S 13) (Staff: M. Schroeder)

Central / Southern Region

  36        CABRILLO POWER I LLC (ASSIGNOR); POSEIDON RESOURCES (CHANNELSIDE) LP (ASSIGNEE): Consider assignment of Lease No. PRC 8727, a General Lease – Industrial Use, of sovereign land in the Pacific Ocean, , adjacent to Agua Hedionda Lagoon, Carlsbad, San Diego County; for existing seawater intake and outfall structures comprised of four groins protecting two open water channels associated with the upland Carlsbad Desalination Plant. CEQA Consideration: not a project. (PRC 8727; RA# 2019294) (A 74; S 38) (Staff: C. Hudson)

  37        VINCENT COBURN AND SUSAN COBURN (LESSEE): Consider amendment of Lease No. PRC 9210, a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River adjacent to 1198 Beach Drive, Needles, San Bernardino County; for the installation, use and maintenance of a new boat dock, walkway, and access ramp. CEQA Consideration: categorical exemption. (PRC 9210; RA#2019306) (A 33; S 16) (Staff: L. Pino)

  38        GENERAL PETROLEUM DBA MAXUM PETROLEUM (APPLICANT): Consider termination of Lease No. PRC 3265, a General Lease – Commercial Use, and an application for a General Lease – Commercial Use, of sovereign land located in Sunset Bay, Huntington Beach, Orange County; for a commercial fuel dock facility. CEQA Consideration: categorical exemption. (Lease 3265; A2503; RA# 2019235) (A 72; S 34) (Staff: D. Simpkin)

  39        BARBARA GENTILE-CRARY; CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider acceptance and authorize the placement of a memorial plaque in remembrance of the 34 individuals who lost their lives aboard the MV Conception, on sovereign land in the Pacific Ocean, Platt’s Harbor, Santa Cruz Island, Santa Barbara County. CEQA Consideration: categorical exemption. (A2651) (A 37; S 19) (Staff: D. Simpkin)

  40        CHRISTOPHER LAWRENCE GREAVES AND SAMANTHA KAY GREAVES, AS CO-TRUSTEES OF THE CHRISTOPHER LAWRENCE GREAVES RESIDENCE TRUST, ESTABLISHED SEPTEMBER 11, 2018 AND CHRISTOPHER LAWRENCE GREAVES AND SAMANTHA KAY GREAVES, AS CO-TRUSTEES OF THE SAMANTHA KAY GREAVES RESIDENCE TRUST, ESTABLISHED SEPTEMBER 11, 2018 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 3585 Courtside Circle, Huntington Beach, Orange County; for an existing boat dock and access ramp not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W27002; A2594; RA# 2019287) (A 72; S 34) (Staff: K. Connor)

  41        HUNTINGTON MARINA ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to Assessor's Parcel Numbers 178-581-02, 03, 04, and 05, Huntington Beach, Orange County; for multiple boat docks with dinghy docks and access ramps. CEQA Consideration: categorical exemption. (Lease 3288; A2627; RA# 2019302) (A 72; S 34) (Staff: K. Connor)

  42        GERALD A. JONES, TRUSTEE OF THE GERALD A. JONES AND MARILYN L. JONES REVOCABLE TRUST, DATED SEPTEMBER 12, 1985 (LESSEE); NICOLE RUELAS, TRUSTEE OF THE STEVEN A. LOVATO AND KAREN L. LOVATO REVOCABLE TRUST, DATED FEBRUARY 22, 2001 (APPLICANT): Consider termination of Lease No. PRC 3079, a General Lease – Recreational Use, and an application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 3442 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3079; A2472; RA# 2019188) (A 72; S 34) (Staff: K. Connor)

  43        NAGY KHALIL AND ALICE KHALIL TRUSTEES OF THE KHALIL TRUST DATED APRIL 25, 2019 (APPLICANT): Consider termination of Lease No. PRC 3253, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour adjacent to 16542 Somerset Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3253; A2525; RA# 2019243) (A 72; S 34) (Staff: L. Pino)

  44        MONTEREY COUNTY WATER RESOURCES AGENCY (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Salinas River and Old Salinas River channel, near Castroville, Monterey County; for four existing reclaimed water distribution pipelines previously authorized by the Commission; and two existing culverts and an existing public access road not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7818; A2388; RA# 2019191) (A 29; S 17) (Staff: L. Pino)

  45        NRG CALIFORNIA SOUTH LP (ASSIGNOR); ORMOND BEACH POWER, LLC, A SUBSIDIARY OF GENON HOLDINGS, INC. (ASSIGNEE): Consider assignment of Lease No. PRC 4196, a General Lease – Industrial Use, of sovereign land in the Pacific Ocean, offshore Ormond Beach, near Oxnard, Ventura County; for one seawater intake conduit and one discharge conduit. CEQA Consideration: not a project. (PRC 4196; RA# 2019308) (A 44; S 19) (Staff: C. Hudson)

  46        SAN BERNARDINO COUNTY (LESSEE); TURTLE COVE MARINA, LLC DBA PIRATE COVE RESORT & MARINA, LLC (APPLICANT): Consider termination of Lease No. PRC 3321, a General Lease – Commercial Use, and an application for a General Lease – Commercial Use, of sovereign land located in the Colorado River, near Needles, San Bernardino County; for an existing regional park, and construction, use, and maintenance of the Pirate Cove Peninsula Master Development Plan Improvements; and authorization to file and record a record of survey. CEQA Consideration: categorical exemption and Mitigated Negative Declaration, adopted by San Bernardino County, State Clearinghouse No. 2012121047, and adoption of a Mitigation Monitoring Program. (PRC 3321; A2325; RA# 2019120) (A 33; S 16) (Staff: R. Collins) – Staff Report revised 08/17/20

  47        SAN DIEGO GAS & ELECTRIC COMPANY (LESSEE): Consider revision of rent to Lease No. PRC 8895, a General Lease – Right-of-Way Use, of sovereign land in and adjacent to the San Dieguito River, Del Mar, San Diego County; for retention, use, and maintenance of a natural gas pipeline attached to the Camino Del Mar Bridge. CEQA Consideration: not a project. (PRC 8895) (A 78; S 39) (Staff: K. Foster)

  48        SANTA CATALINA ISLAND COMPANY (LESSEE): Consider amendment to a General Lease – Commercial Use of sovereign land located in the Pacific Ocean, near Pebbly Beach, Santa Catalina Island, Los Angeles County; to replace a concrete ramp. CEQA Consideration: categorical exemption. (Lease 7332; A2314 RA# 2019273) (A 70; S 26) (Staff: D. Simpkin)

  49        JEREMY SLOAN AND TANNER SLOAN, TRUSTEES, UNDER THE 2005 NORTON SLOAN INVESTMENT TRUST DATED JANUARY 3, 2006; NORTON SLOAN; AND GRETCHEN SLOAN (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located adjacent to 201 Pacific Avenue, Solana Beach, San Diego County; for a seacave/notch fill. CEQA Consideration: categorical exemption. (Lease 8184; RA# 2019288) (A 78; S 39) (Staff: D. Simpkin)

  50        U.S. DEPARTMENT OF THE NAVY (APPLICANT); CALIFORNIA DEPARTMENT OF PARKS AND RECREATION AND CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider application from the U.S. Department of the Navy for a General Lease – Public Agency Use and authorization for staff to negotiate and enter into an Agreement for the Transfer of Control and Possession of State-Owned Real Property with the California Department of Parks and Recreation, of sovereign land located along Silver Strand State Beach, near Coronado, San Diego County; for use and maintenance of Silver Strand Training Complex North. CEQA Consideration: categorical exemption. (Lease 6319; A2488; RA# 2019253) (A 78; S 39) (Staff: D. Simpkin)

School Lands

  51        PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, INC. (LESSEE): Consider revision of rent to Lease No. PRC 7458, a General Lease – Right-of-Way Use, of State-owned school land in a portion of Section 36, Township 24 North, Range 17 East, MDM, near Doyle, Lassen County; for an electrical distribution line, transmission line, overhead fiber-optic cable and appurtenant facilities. CEQA Consideration: not a project. (PRC 7458) (A 1; S 1) (Staff: N. Lee)

Mineral Resources Management

  52        CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER (APPLICANT): Consider application for a Non-Exclusive Geological Survey Permit to collect geological and geotechnical information by hollow stem auger drilling, on up to 49 shallow 6- to 8-inch diameter borings, less than 15 feet deep, on State sovereign land, located on Owens Lake, Inyo County. CEQA Consideration: categorical exemption. (A2600; RA# 2019307) (A 34; S 18) (Staff: R. B. Greenwood)

  53        DESERT QUARTZITE, LLC (APPLICANT): Consider application for a modification of the State’s Right of Surface Entry on approximately 160 acres of State reserved mineral interest State school (lieu) land, Accessor’s Parcel Number: 879-110-001, State Parcel Number: 237-534, located about 4 miles southwest of the Blythe Airport, near the city of Blythe, in the northeast quarter of Section 15, Township 7 South, Range 21 East, SBBM, Riverside County. CEQA Consideration: not a project. (A2228; RA# 2019055) (A 56; S 28) (Staff: R. Lee)

  54        GEYSERS POWER COMPANY, LLC AND CPN WILDHORSE GEOTHERMAL, LLC (APPLICANTS): Consider an application for consent to encumber leases and an encumbrance agreement, of seven geothermal leases (Lease Nos. 4596, 4597, 5206, 6422, 7845, 8556, 8844) and four right-of-way leases (Lease Nos. 6793, 8090, 8337, 8610) on State school lands within the Geysers geothermal field near Healdsburg, Middletown, and Cloverdale in Sonoma, Lake, and Mendocino counties. CEQA Consideration: not a project. (A2690; RA# 2019351) (A 2, 4; S 2) (Staff: N. Saito)

Marine Environmental Protection

  55        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of proposed amendment to section 2298.5 of the California Code of Regulations, title 2, division 3, chapter 1, article 4.8 Marine Invasive Species Program Annual Vessel Reporting Form. CEQA Consideration: not a project. (W 9777.291, W 9777.234) (A & S: Statewide) (Staff: N. Dobroski, P. Huber)
Public Comment Letters

Administration

  56        CALIFORNIA STATE LANDS COMMISSION (PARTY): Request authority for the Executive Officer to solicit Statements of Interest for consultant services, negotiate a fair and reasonable price, and award and execute agreements for the preparation of a feasibility report and environmental documentation for the proposed Rincon Island Decommissioning Project near Mussel Shoals, Ventura County. CEQA Consideration: not a project. (Lease Nos. 145, 410, 1466; RA# RX9215) (A 37; S 19) (Staff: C. Herzog, M. Wiemer)

Legal – no items

Kapiloff Land Bank Trust Acquisition – no items

External Affairs

Granted Lands

  57        CITY OF LONG BEACH (TRUSTEE): Review a proposed tideland oil revenue expenditure in an amount not to exceed $600,000 by the City of Long Beach for one capital improvement project located on and 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)

VI.        Informational Calendar 58

  58        CALIFORNIA STATE LANDS COMMISSION: Legislative Report providing information and a status update concerning state legislation relevant to the Commission. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

VII.      Regular Calendar 59-62

  59        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Informational update on efforts to develop the Commission’s 2021-2025 Strategic Plan and to solicit comments and suggestions from stakeholders. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: C. Connor, J. Lucchesi, B. Stoddard, K. Robinson-Filipp)
Public Comment Letters

  60        BIGBEAU SOLAR, LLC (APPLICANT): Consider application for a General Lease – Industrial Use, of State school land in a portion of Section 34, Township 10 North, Range 14 West, SBM, west of Mojave, Kern County; for the construction, use, maintenance, and decommissioning of a new solar energy facility. CEQA Consideration: Environmental Impact Report, certified by Kern County, State Clearinghouse No. 2019071059, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (W27128; RA# 01117) (A 36; S 16) (Staff: R. Collins) – Staff Report revised 08/17/20

  61        CALIFORNIA STATE LANDS COMMISSION: Consider adopting a resolution recognizing October 7, 2020, as California Clean Air Day, a Coalition for Clean Air project. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton, K. Robinson-Filipp)

  62        CALIFORNIA STATE LANDS COMMISSION: Consider adopting a support position on certain provisions of H.R. 7608 by Representative Lowey, a fiscal year 2021 appropriations bill introduced in the 116th Congress, that would ban new offshore drilling leases and seismic testing. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

VIII.     Public Comment

IX.        Commissioners’ Comments

X.          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.

·         City of Vallejo v. The State of California, By and Through the State Lands Commission

·         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.

·         Public Watchdogs v. California State Lands Commission

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

·         San Joaquin River Exchange Contractors Water Authority v. State of 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).