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 2:00 PM on Wednesday, October 7, 2020

REGULAR MEETING

Agenda

VOTING RECORD

October 22, 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/85171931399?pwd=eHY4SE1‌yUkI5Vm93TDRuRFVHekRVZz09   

Password: 839468

Join the meeting by phone using the following call-in numbers: 1 (253) 215-8782 or 1 (346) 248-7799 and use the Webinar ID 851 7193 1399

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:

·         The minutes of the AUGUST 20, 2020 meeting were approved by a vote of 3-0 (YEE–yes; kounalakis–Yes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEM 28 WAS REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 01-27 AND 29-42 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 43 – WAS INFORMATIONAL – NO VOTE REQUIRED

REGULAR CALENDAR:

·         ITEM 44 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 45 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES)

CLOSED SESSION:

·         NOTHING TO REPORT

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 October 22 meeting agenda, the subject line of your email would read: "SUBJECT: 10/22/2020: 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: 10/22/2020: 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/85171931399?‌pwd=eHY4SE1yUkI5Vm93TDRuRFVHekRVZz09

Password: 839468

b.  Join the meeting by phone using the following call-in numbers: 1 (253) 215-8782 or 1 (346) 248-7799 and use the Webinar ID 851 7193 1399

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: October 22, 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 August 20, 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:

·         Chambers Landing Partnership (Lessee): Continuation of minimum annual rent at $14,769 per year for a General Lease – Commercial Use located on sovereign land in Lake Tahoe, near Homewood, Placer County. (PRC 5499)

·         SDC Tahoe City, LLC (Lessee): Continuation of rent at $3,781 per year for a General Lease – Commercial Use located on sovereign land in Lake Tahoe, adjacent to 950 North Lake Boulevard, Tahoe City, Placer County. (PRC 3495)

·         Ski Run Marina, LLC (Lessee): Continuation of minimum annual rent at $4,912 rent per year for a General Lease – Commercial Use located in Lake Tahoe, adjacent to 900 Ski Run Boulevard, South Lake Tahoe, El Dorado County. (PRC 8655)

V.         Consent Calendar 01-42 

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        ALLISON CALIFORNIA HOLDINGS, LLC, AN OHIO LIMITED LIABILITY COMPANY (LESSEE); MARGIE LOCKWOOD, TRUSTEE OF THE MARGIE LOCKWOOD LIVING TRUST DATED OCTOBER 26, 2005 (LESSEE); ALLISON 184 LLC; AND MARGIE LOCKWOOD, TRUSTEE OF THE MARGIE LOCKWOOD LIVING TRUST DATED OCTOBER 26, 2005 (APPLICANT): Consider delegating authority to the Executive Officer to accept  lease quitclaim deeds for Leases PRC 9153 and PRC 8509, General Lease – Recreational Use; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 184 and 200 Rim Drive, near Tahoe Vista, Placer County; for construction, use, and maintenance of a joint-use pier, boat lift, and three fish habitat rock pyramids; and the continued use and maintenance of three mooring buoys previously authorized by the Commission and one existing mooring buoy not previously authorized by the Commission; and removal of one existing mooring buoy. CEQA Consideration: categorical exemptions. (Lease 9153; Lease 8509; A2570; RA# 2019276) (A 1; S 1) (Staff: J. Toy)
Public Comments

  02        ALAN K. AUSTIN AND MARIANNE P. AUSTIN, TRUSTEES OF THE AUSTIN FAMILY TRUST DATED AUGUST 6, 1997; AND BEAMING JOY LIMITED, A BVI LIMITED CORPORATION (ASSIGNOR); ALAN K. AUSTIN AND MARIANNE P. AUSTIN, TRUSTEES OF THE AUSTIN FAMILY TRUST DATED AUGUST 6, 1997; AND ERIC S. O’ BRIEN AND SUZANNE D. O’ BRIEN, TRUSTEES OF THE O’ BRIEN FAMILY 2003 TRUST DATED DECEMBER 29, 2003 (ASSIGNEE): Consider assignment of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 850 and 860 West Lake Boulevard, near Tahoe City, Placer County; for an existing pier, two boat lifts, and four mooring buoys. CEQA Consideration: not a project. (PRC 5801; A2368; RA# 2019170) (A 1; S 1) (Staff: S. Avila)

  03        BOW BAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (LESSEE/APPLICANT): Consider acceptance of a lease quitclaim deed for Lease PRC 9443 a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 281 Paradise Flat Lane, near Rubicon Bay, El Dorado County; for construction, use, and maintenance of a pier; and continued use and maintenance of two mooring buoys previously authorized by the Commission and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemptions. (Lease 9443; A2602; RA# 2019293) (A 5; S 1) (Staff: J. Toy)

  04        PHILIP D. CHAPMAN AND SARAH D. CHAPMAN, TRUSTEES OF THE CHAPMAN FAMILY LIVING TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3890 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse with boat lift, sundeck with stairs, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3674; A2339; RA# 2019145) (A 1; S 1) (Staff: L. Anderson)

  05        DEBENEDETTI TAHOE HOUSE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5580 West Lake Boulevard, near Homewood, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8263; A2412; RA# 2019315) (A 1; S 1) (Staff: L. Anderson)

  06        JASON A. DILULLO AND SARAH E. K. DILULLO (APPLICANT): Consider acceptance of a lease quitclaim deed for Lease PRC 3209, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2620 West Lake Boulevard, near Homewood, Placer County; for an existing pier, boathouse with boat hoist, and one mooring buoy previously authorized by the Commission; and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3209; A2699; RA# 2020003) (A 1; S 1) (Staff: S. Avila)

  07        CHRISTIAN P. ERDMAN; AND CAROL FRANC BUCK, AS TRUSTEE UNDER THE CAROL FRANC BUCK FAMILY TRUST AGREEMENT (AS RESTATED) DATED AUGUST 25, 2004 (LESSEE): Consider acceptance of a lease quitclaim deed and termination of Lease PRC 9047, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 53 Somers Loop, near Crystal Bay, Placer and Washoe Counties; for one mooring buoy. CEQA Consideration: not a project. (PRC 9047; A2676; RA# 2019345) (A 1; S 1) (Staff: M.J. Columbus)

  08        FAUPS, LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE); PAUL WILLIAM LLOYD AND ALISHA ANN GRAVES, TRUSTEES OF THE LLOYD GRAVES FAMILY TRUST (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease PRC 1828, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8401 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier,  boat hoist, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 1828; A2668; RA# 2019336) (A 5; S 1) (Staff: S. Avila)

  09        MARTIN A. GAEHWILER, JR. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6668 West Lake Boulevard, near Tahoma, Placer County; for an existing pier and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 8135; A2479; RA# 2019200) (A 1; S 1) (Staff: J. Toy)

  10        JRB PROPERTY COMPANY II, L.P., A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2720 West Lake Boulevard, near Homewood, Placer County; for an existing pier, boathouse with boat lift, sundeck with stairs, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4172; A2618; RA# 2019305) (A 1; S 1) (Staff: L. Anderson)

  11        LAKEFRONT PROFESSIONAL BUILDING, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Commercial Use, of sovereign land located in Lake Tahoe, adjacent to 3351 Lake Tahoe Boulevard, South Lake Tahoe, El Dorado County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2638; RA# 2019313) (A 5; S 1) (Staff: S. Avila)

  12        JANICE LYNN B. MINOR (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Donner Lake, adjacent to 15130 Point Drive, near Truckee, Nevada County; for an existing pier previously authorized by the Commission and an existing personal watercraft lift not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7941; RA# 20616) (A 1; S 1) (Staff: A. Franzoia)

  13        JOHN PAUL PHILLIPS AND JUNE DUNBAR PHILLIPS, TRUSTEES OF THE JOHN AND JUNE PHILLIPS FAMILY TRUST, DATED FEBRUARY 9, 1990 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6480 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8226; A2496; RA# 2019211) (A 1; S 1) (Staff: L. Anderson)

  14        TAHOMA MEADOWS PROPERTY OWNER'S ASSOCIATION, INC. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6660 West Lake Boulevard, near Tahoma, Placer County; for three existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W26928; A2677; RA# 17612) (A 1; S 1) (Staff: J. Toy)

  15        WILLIAM E. THRELFALL, JR. AND SANDRA JAFFERIES THRELFALL, AS TRUSTEES OF THE THRELFALL 1991 TRUST CREATED BY DECLARATION OF TRUST DATED NOVEMBER 27, 1991 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 24 Moana Circle, near Tahoma, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8264; A2338; RA# 30017) (A 1; S 1) (Staff: J. Toy)

  16        CAROLYN TRIMBLE FKA CAROLYN SUE GRISET, AS TRUSTEE OF THE CAROLYN SUE GRISET FAMILY TRUST DATED AUGUST 15, 1989 (LESSEE); LAKE TAHOE VISTA LLC  (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease PRC 6924, a General Lease – Recreational Use, and an application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6123 North Lake Boulevard, near Tahoe Vista, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 6924; A2346; RA# 2019123) (A 1; S 1) (Staff: L. Anderson)

  17        CHRISTINE A. WOOD, TRUSTEE OF THE CHRISTINE A. WOOD FAMILY TRUST DATED APRIL 7, 1999 (APPLICANT):v Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1460 North Lake Boulevard, near Tahoe City, Placer County; for two existing mooring bouys. CEQA Consideration: categorical exemption. (Lease 8307; A2615; RA# 2019295) (A 1; S 1) (Staff: L. Anderson)

Bay / Delta Region

  18        ALVIN R. ARCHER AND DALE W. ARCHER, CO-TRUSTEES OF THE ARCHER REVOCABLE TRUST DATED JANUARY 28, 2014 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Seven Mile Slough, at Andrus Island, adjacent to 1150 West Brannan Island Road, near Isleton, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6059; A2733; RA# 2020036) (A 11; S 3) (Staff: G. Asimakopoulos)

  19        PARKE M. BEROLZHEIMER, TRUSTEE OF THE PARKE M. BEROLZHEIMER DECLARATION OF TRUST DATED DECEMBER 10TH, 2008 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the historic bed of the San Joaquin River at Atherton Cove, adjacent to 3614 Country Club Boulevard, near Stockton, San Joaquin County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 8905; A2396; RA# 2019182) (A 13; S 5) (Staff: J. Holt)

  20        CALIFORNIA RESOURCES PETROLEUM CORPORATION (LESSEE): Consider revision of rent to Lease PRC 8485, a General Lease – Right-of-Way Use, on sovereign land in Tomato Slough at Brannan Island, near Rio Vista, Sacramento County; for a natural gas pipeline and access road. CEQA Consideration: not a project. (PRC 8485) (A 11; S 3) (Staff: M. Schroeder)

  21        SUSAN V. CARSON, TRUSTEE OF THE SUSAN V. CARSON TRUST U/D/T DATED OCTOBER 19, 1994 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the historic bed of the San Joaquin River at Atherton Cove, adjacent to 1 Atherton Island, near Stockton, San Joaquin County; for an existing boat dock, gangway, fill area, bulkhead, and bank protection previously authorized by the Commission and an existing deck not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 6047; A2211; RA# 2019043) (A 13; S 5) (Staff: J. Holt)

  22        CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (APPLICANT): Consider termination of Lease 4743 and issuance of a General Lease – Public Agency Use, of sovereign land located in Walnut and Pacheco Creek, near Martinez, Contra Costa County; for habitat restoration, flood protection, and public access. CEQA Consideration: Mitigated Negative Declaration, adopted by the Contra Costa County Flood Control and Water Conservation District, State Clearinghouse Number 2019099043, and adoption of a Mitigation Monitoring Program. (Lease 4743; A2688; RA# 2020002) (A 14; S 7) (Staff: D. Tutov)

  23        VICTOR A. DODGE AND GREGORY K. GAZAWAY (ASSIGNOR); ALTA MONROE (ASSIGNEE): Consider assignment of Lease 5882, a General Lease – Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 32 Sandy Beach Road, near Vallejo, Solano County; for a portion of an existing residence, deck, dock, and appurtenant facilities. CEQA Consideration: not a project. (Lease 5882; A2139; RA# 2019355) (A 14; S 32) (Staff: D. Tutov)

  24        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 exemptions. (Lease 7834; A2545; RA# 2019259) (A 14; S 3) (Staff: J. Holt)

  25        ETTA L. MALINOWSKI, AS TRUSTEE OF THE ETTA L. MALINOWSKI FAMILY TRUST, UDT DATED MAY 31, 2016 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 17300 Long Island Road, at Long Island, near Walnut Grove, Sacramento County; for an existing covered boat dock, an uncovered boat dock, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6177; A2569; RA# 2019278) (A 11; S 3) (Staff: G. Asimakopoulos)

  26        CHARLES S. MCDOWELL AND CORINNE L. MCDOWELL, TRUSTEES OF THE MCDOWELL FAMILY TRUST, DATED JUNE 28, 1994 (LESSEE); TERMINOUS ROAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease PRC 8489, a General Lease – Recreational Use; and an application for a General Lease – Recreational Use, of sovereign land located in Georgiana Slough, adjacent to 16925 Terminous Road, near Isleton, Sacramento County; for an existing boat dock, debris diverter, pump house, and appurtenant facilities previously authorized by the Commission and an existing gazebo not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8489; RA# 2019206) (A 11; S 3) (Staff: M. Schroeder)

  27        DENNIS MORTON OIKLE AND HILDEGARDE HEIDI OLIVEROIKLE, DBA HEIDI’S OUTRIGGER MARINA AND SALOON (LESSEE); PARADISE INVESTMENT PROPERTIES GROUP, LLC (APPLICANT/SUBLESSOR); PARADISE BUSINESS INVESTMENTS, INC. (SUBLESSEE); AND ALLSTAR FINANCIAL SERVICES, INC. (SECURED-PARTY LENDER): Consider waiver of rent, penalty, and interest; termination of Lease PRC 3934, a General Lease – Commercial Use; application for a General Lease – Commercial Use; and endorsement of a sublease under Lease 3934; and authorization of an Agreement and Consent to Encumber Lease 3934, of sovereign land located in Three Mile Slough at Sherman Island, adjacent to 17641 Sherman Island East Levee Road, near Rio Vista, Sacramento County; for an existing commercial marina, known as the Paradise Outrigger Marina, and bank protection previously authorized by the Commission; and one-time maintenance dredging of up to a maximum of 12,000 cubic yards not previously authorized by the Commission. CEQA Consideration: categorical exemptions. (Lease 3934; RA# 15218) (A 11; S 3) (Staff: M. Schroeder)

  28        DAVID R. PECK, TRUSTEE OF THE DAVID R. PECK TRUST (ASSIGNOR); RUTH A. RODGERS AND MICHAEL B. MACQUARRIE (ASSIGNEE): Consider assignment of Lease 9472, a General Lease – Recreational and Residential Use, of sovereign land located in Corte Madera Creek, adjacent to 30 Lucky Drive, near Greenbrae, Marin County; for portion of an existing residence with walkway, dock, ramp, boat lift, and float. CEQA Consideration: not a project. (Lease 9472; A2703; RA# 2020008)(A 10; S 2) (Staff: D. Tutov) – Removed from agenda 10/13/20

  29        RIVERSIDE LTD, A LIMITED PARTNERSHIP (LESSEE): Consider revision of rent to Lease PRC 562, a General Lease – Industrial Use, of State filled and unfilled sovereign land located in the Sacramento River, adjacent to 14712 State Highway 160, Isleton, Sacramento County; for one two-pile dolphin, two five-pile dolphins, one four-pile dolphin, belt conveyor and wharf. CEQA Consideration: not a project. (PRC 562) (A 11; S 3) (Staff: N. Lee)

  30        BARBARA ROBERTS JONES, TRUSTEE OF THE BARBARA ROBERTS JONES TRUST DATED JANUARY 26, 2006 (LESSEE); JULIE MACCARIN (APPLICANT):v Consider waiver of rent, penalty, and interest; termination of Lease PRC 9284, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 52 Greenbrae Boardwalk, Greenbrae, Marin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 9284; A2696; RA# 2020006) (A 10; S 2) (Staff: J. Holt)

  31        SANTA FE AGGREGATES, INC., A CALIFORNIA CORPORATION (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the historic and present bed of the Tuolumne River, adjacent to Assessor’s Parcel Numbers 008-010-022 and 008-010-042, near Waterford, Stanislaus County; for an existing aggregate conveyor bridge right-of-way crossing not previously authorized. CEQA Consideration: categorical exemption. (Lease 5409; RA# 14717) (A 12; S 8) (Staff: G. Asimakopoulos)

  32        JAMES THORPE WHITE AND JENNIE DARSIE WHITE, TRUSTEE OF THE RIVER HOUSE TRUST DATED JULY 2, 2009 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the San Joaquin River, adjacent to 18650 Sherman Island East Levee Road, Rio Vista, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 8907; A2646; RA# 2019325) (A 11; S 3) (Staff: J. Holt)

Central / Southern Region

  33        DONALD WILLIAM AASE AND JUDITH ELLEN AASE, TRUSTEES OF THE AASE FAMILY TRUST, DATED MARCH 24, 2017 (APPLICANT): Consider termination of Lease PRC 9132 and issuance of a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River adjacent to 1142 Beach Drive, Needles, San Bernardino County; for two existing planter areas with rock retaining walls, riprap bankline protection, an aluminum stairway and gangway with railing, floating walkway, and boat dock. CEQA Consideration: categorical exemption. (Lease 9132; RA#2020035) (A 33; S 16) (Staff: L. Pino)

  34        ROSA BERMEO (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 16242 Piedmont Circle, Huntington Beach, Orange County; for a portion of an existing common boat dock. CEQA Consideration: categorical exemption. (Lease 7424; A2510; RA# 2019220) (A 72; S 34) (Staff: K. Connor)

  35        FLAVIO S. JEAN (ASSIGNOR); MICHAEL MCCOY, AS TRUSTEE OF THE MCCOY 1995 INTERVIVOS TRUST, DATED JANUARY 25, 1995 (ASSIGNEE): Consider assignment of Lease PRC 3570.1, a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbor, adjacent to 17011 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: not a project. (PRC 3570; A2735; RA# 2020029) (A 72; S 34) (Staff: L. Pino)

  36        MERCED IRRIGATION DISTRICT AND TURLOCK IRRIGATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land crossing the Merced River, near Livingston, Merced County; for six existing overhead transmission lines previously authorized by the Commission, and one existing overhead fiber-optic line not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7874; A2640; RA# 2019314) (A 21; S 12) (Staff: K. Connor)

  37        DAVID MOSHER AND MAUREEN SHEILA MOSHER, TRUSTEES OF THE MOSHER FAMILY TRUST, UDT JULY 31, 2004, OR ANY SUCCESSOR TRUSTEE (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 16246 Piedmont Circle, Huntington Beach, Orange County; for a portion of an existing common boat dock. CEQA Consideration: categorical exemption. (Lease 7426; A2265; RA# 2019240) (A 72; S 34) (Staff: K. Connor)

  38        SANTA BARBARA COUNTY FLOOD CONTROL DISTRICT (LESSEE): Consider application for a General Lease – Public Agency Use, of sovereign land located in Davis Creek in the Burton Mesa Ecological Reserve, near Vandenberg Village, Santa Barbara County; for the removal of obstructive vegetation and sediment. CEQA Consideration: Programmatic Environmental Impact Report, certified by the Santa Barbara County Flood Control District, and Addendum, State Clearinghouse Number 2001031043. (Lease 9432; A2500; RA# 2019215) (A 35; S 19) (Staff: K. Connor)

School Lands

  39        SAN DIEGO GAS AND ELECTRIC COMPANY (LESSEE): Consider revision of rent to Lease PRC 8909, a General Lease – Right-of-Way Use, of State indemnity school land located in a portion of Section 27 and 28, Township 16 South, Range 9 East, SBM, northwest of Coyote Wells, Imperial County; for an electrical transmission line. CEQA Consideration: not a project. (PRC 8909) (A 56; S 40) (Staff: K. Foster)

  40        THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (LESSEE): Consider revision of rent to Lease PRC 8646, a General Lease – Public Agency Use, of State indemnity school land located in a portion of Section 4, Township 11 South, Range 10 East, SBM, near Salton City, Imperial County; for two laser strainmeter facilities, one overhead power line and an unimproved dirt road. CEQA Consideration: not a project. (PRC 8646) (A 56; S 40) (Staff: K. Foster)

Mineral Resources Management

  41        CITY OF LONG BEACH (GRANTEE): Consider acceptance of the Final Report and Closing Statement for the Long Beach Unit Annual Plan (July 1, 2019 through June 30, 2020), Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 17166) (A 70; S 33, 34) (Staff: E. Tajer)

  42        SACRAMENTO AREA FLOOD CONTROL AGENCY (APPLICANT): Consider application for a Non-Exclusive Geological Survey Permit on sovereign land, Assessor’s Parcel Number 002-0010-023, adjacent to the Sacramento River, Sacramento County. CEQA Consideration: categorical exemption. (A2722; RA# 2020034) (A 7; S 6) (Staff: R. B. Greenwood)

Marine Environmental Protection – no items

Administration – no items

Legal – no items

Kapiloff Land Bank Trust Acquisition – no items

External Affairs – see Informational Calendar

VI.        Informational Calendar 43

  43        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 44-45

  44        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 Comments

  45        ORNI 5 LLC (APPLICANT): Consider applications for two negotiated State geothermal resources leases, covering approximately 2,739 acres total of school land (also referred to as lieu land). The first proposed lease covers approximately 2,016 acres of the State’s 100 percent reserved mineral interest school land and State-owned school land (fee-owned land), Assessor’s Parcel Numbers 017-010-016, 017-010-017, 017-010-027, 017-010-044, 017-010-045, 017-010-048, 017-010-056, 017-340-003, 017-340-004, 017-340-010, 017-050-013, and 017-970-014, located within Sections 32 and 34, Township 10 South, Range 10 East, and within Sections 4 and 10, Township 11 South, Range 10 East, SBM. The second proposed lease covers approximately 723 acres of the State’s 100 percent reserved mineral interest school land, Assessor’s Parcel Numbers 017-340-011 and 017-340-018, located within Sections 10 and 16, Township 11 South, Range 10 East, SBM. Both proposed lease areas are within the Truckhaven geothermal area, southwest of the Salton Sea, Imperial County. CEQA Consideration: Mitigated Negative Declaration adopted by Imperial County, State Clearinghouse No. 2019119033 and Mitigation Monitoring Program adopted by the Commission. (A2079, A2230; RA# 25714) (A 56; S40) (Staff: V. Perez, N. Saito)

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:

·         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

·         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: Temblor Petroleum Company, LLC, Bankruptcy Chapter 11

·         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

·         State of California, et al., ex. rel. OnTheGo Wireless, LLC v. Cellco Partnership, d/b/a/ Verizon Wireless, 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).