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 3:00 PM on Friday, December 4, 2020

REGULAR MEETING

Agenda

December 17, 2020

10:00 AM

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/83811865645?pwd=MlVEQjBtZTgz‌RURJYVhDNnBJNXhMZz09  

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 838 1186 5645

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 December 17 meeting agenda, the subject line of your email would read: "SUBJECT: 12/17/2020: 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: 12/17/2020: 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/83811865645?‌pwd=MlVEQjBtZTgzRURJYVhDNnBJNXhMZz09

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 838 1186 5645

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 9:00 am on the day of the Commission Meeting.

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

o    In the subject line, indicate: December 17, 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 9:00 am, 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.             10:00 AM – Open Session

II.           Public Comment

Public comments will be heard at 10:00 am 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.

·         Public Comments

III.          Confirmation of Minutes for the October 22, 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:

·         No items

Tomales Bay Assignment Actions to be taken by the Executive Officer pursuant to the Commission’s Delegation of Authority:

·         Michael Reppy (ASSIGNOR); John Henry (ASSIGNEE): Assignment of General Lease – Recreational Use located on sovereign land in Tomales Bay, adjacent to 19225 Highway 1, near Marshall, Marin County (PRC 9410.1)

·         Mark Carlson (ASSIGNOR); Clumber Spaniel 1031, LLC (ASSIGNEE): Assignment of General Lease – Recreational Use located on sovereign land in Tomales Bay, adjacent to 18565 State Highway 1, near Marshall, Marin County (PRC 9374.1)

V.         Consent Calendar 01-59

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        BROCKWAY PROPERTY LLC (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 9820 Lake Street, near Brockway, Placer County; for an existing pier, boat hoist, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5648; A2153; RA# 2019019) (A 1; S 1) (Staff: J. Toy)

  02        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider termination of a Public Agency Permit and Right-of-Way Map and issuance of a Public Agency Permit and Right-of-Way Map pursuant to Section 101.5 of the Streets and Highway Code and Section 6210.3 of the Public Resources Code, for sovereign land in the Sacramento River, adjacent to State Highway 162, near Butte City, Glenn County; for the Butte City Bridge Replacement Project. CEQA Consideration: Mitigated Negative Declaration, adopted by the applicant, State Clearinghouse No. 2019039046, and adoption of a Mitigation Monitoring Program. (Permit 2470; A2464; RA# 2019183) (A 3; S 4) (Staff: A. Franzoia)

  03        CHERRYVALE HOLDINGS, LLC, A LOUISIANA LIMITED LIABILITY COMPANY (LESSEE); GDP GROUP LLC, A DELAWARE LIMITED LIABILITY COMPANY; REYNOLD J. DILENA (APPLICANT): Consider waiver of rent, penalty, and interest; acceptance of a lease quitclaim deed for Lease No. PRC 9154, a General Lease – Recreational Use for two existing mooring buoys; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6229 and 6259 North Lake Boulevard, Carnelian Bay, Placer County; for two existing mooring buoys; construction of a joint-use pier; and removal of an existing deck and bulkhead not previously authorized by the Commission. CEQA Consideration: categorical exemptions. (Lease 9154; A2858; RA# 2020100) (A 1; S 1) (Staff: S. Avila) – Staff Report revised 12/15/2020

  04        FANCY PINE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5560 West Lake Boulevard, near Homewood, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8252; A2565; RA# 2019320) (A 1; S 1) (Staff: S. Avila)

  05        FINANCIAL PORTFOLIOS LIMITED, AN IRISH CORPORATION (APPLICANT): Consider waiver of penalty and interest and application for a General Lease – Recreational Use, of sovereign land located in the Petaluma River, adjacent to 5636 Lakeville Highway, near Petaluma, Sonoma County; for an existing boat dock, pier, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 3696; A2276; RA# 2019081) (A 10; S 3) (Staff: J. Toy)

  06        OLIVER BARNHARD FRIEDRICHS (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1270 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8883; A2520; RA# 2019232) (A 1; S 1) (Staff: S. Avila)

  07        HOLLY HEATH FULLER, TRUSTEE OF THE HEATH FAMILY 2011 IRREVOCABLE TRUST FBO HOLLY HEATH FULLER UTA DATED AUGUST 17, 2011; MICHAEL R. PIRO AND SHANNON T. PIRO, TRUSTEES OF THE PIRO FAMILY TRUST, DATED SEPTEMBER 21, 2016 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4812 and 4826 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing joint-use pier with a boat lift, boathouse with two boat lifts, and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 8842; A2624; RA# 2019301) (A 1; S 1) (Staff: L. Anderson)

  08        HERATAGE COVE HOMEOWNERS ASSOCIATION, INC. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7580 North Lake Boulevard, near Tahoe Vista, Placer County; for an existing pier, 28 mooring buoys, and two marker buoys. CEQA Consideration: categorical exemption. (Lease 4322; A2652; RA# 2019326) (A 1; S 1) (Staff: L. Anderson)

  09        HUMBOLDT BAY HARBOR RECREATION AND CONSERVATION DISTRICT (LESSEE/SUBLESSOR); PENINSULA COMMUNITY SERVICES DISTRICT (SUBLESSEE): Consider endorsement of a sublease under Lease No. PRC 3186, a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, adjacent to Assessor’s Parcel Number 401-111-006, near Samoa, Humboldt County; for an existing outfall pipeline. CEQA Consideration: categorical exemption. (PRC 3186; A2633; RA# 2019309 (A 2; S 2) (Staff: A. Franzoia)

  10        DAVID B. KENT AND DARCIE T. KENT, AS TRUSTEES OF THE KENT REVOCABLE TRUST DATED JUNE 8, 2005 (APPLICANT):v Consider acceptance of a lease quitclaim deed for Lease No. PRC 3682, a General Lease – Recreational use; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 803 Stateline Avenue, South Lake Tahoe, El Dorado County; for an existing pier; construction of a catwalk, ramp, and boat lift; and removal of an existing mooring buoy. CEQA Consideration: categorical exemptions. (Lease 3682; A2625; RA# 2019346) (A 5; S 1) (Staff: S. Avila)

  11        JEFFREY M. LONG, TRUSTEE OF THE J AND S LONG LIVING TRUST DATED AUGUST 3, 2004 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land in Donner Lake, adjacent to 15799 Donner Pass Road and 10087 Lake Edge Court, near Truckee, Nevada County; for an existing pier previously authorized by the Commission and an existing floating dock not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7861; A2648; RA# 02506) (A 1; S 1) (Staff: A. Franzoia)

  12        PETER MICELLI AND JENNIFER LANG (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8769 Rubicon Drive, near Rubicon Bay, El Dorado County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8159; A2619; RA# 2019299) (A 5; S 1) (Staff: J. Toy)

  13        JADE MILLER AND TENLEY MILLER, TRUSTEES OF THE JADE A. MILLER FAMILY TRUST AGREEMENT DATED MARCH 15, 1991, RESTATEMENT DATED AUGUST 29, 2016 AND ANY AMENDMENTS THERETO (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8829 Winston Way, near Rubicon Bay, El Dorado County; for three existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2563; RA#2019270) (A 5; S 1) (Staff: L. Anderson)

  14        NASUS PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3650 North Lake Boulevard, near Kings Beach, Placer County; for an existing open pile pier, a rock crib pier with breakwater, two seasonal boat docks, and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 2289; A2233; RA# 2019057) (A 1; S 1) (Staff: J. Toy)

  15        PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider amendment to Lease No. PRC 6205, a General Lease – Right-of-Way Use, of sovereign land in the Russian River, adjacent to the Wohler Road Bridge, near Santa Rosa, Sonoma County; for the relocation of overhead electric transmission lines. CEQA Consideration: Mitigated Negative Declaration, adopted by Sonoma County, State Clearinghouse No. 2014082054, and adoption of a Mitigation Monitoring Program. (Lease 6205; RA# 2020077) (A 2; S 2) (Staff: A. Franzoia)

  16        PASHA FAMILY LEGACY REAL ESTATE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5398 North Lake Boulevard, Carnelian Bay, Placer County; for an existing pier with open-sided boathouse, sundeck with stairs, two boat lifts, and two mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W27233; RA# 18418) (A 1; S 1) (Staff: S. Avila) – Removed from agenda 12/09/2020

  17        PREMIER TRUST, INC., TRUSTEE OF THE AMV 2012 SIGNATURE TRUST DATED DECEMBER 28, 2012; AND PREMIER TRUST, INC., TRUSTEE OF THE JAV, II 2012 SIGNATURE TRUST DATED DECEMBER 28, 2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8527 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 7613; A2554; RA# 2019267) (A 5; S 1) (Staff: J. Toy)

  18        JOHN H. SCULLY, TRUSTEE OF THE JOHN H. SCULLY LIVING TRUST, DATED OCTOBER 1, 2003 (ASSIGNOR); 1360 WEST LAKE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (ASSIGNEE): Consider assignment of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent 1360 West Lake Boulevard, Tahoe City, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: not a project. (PRC 7380; A2711; RA# 2020017) (A 1; S 1) (Staff: L. Anderson)

  19        SERENE PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (LESSEE); LIP-BU TAN AND YSA LOO, TRUSTEES, FBO LIP-BU TAN AND YSA LOO TRUST DATED FEBRUARY 3, 1992 (APPLICANT): Consider acceptance of a lease quitclaim deed for Lease PRC 8510, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2200 North Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8510; A2541; RA# 2019265) (A 1; S 1) (Staff: S. Avila)

  20        TIMOTHY SMITH, TRUSTEE OF THE TAHOE TRUST CREATED UNDER THE S-D LIVING TRUST DATED JANUARY 30, 1987 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2200 Sunnyside Lane, near Tahoe City, Placer County; for an existing pier with boat slip and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 3704; A2298; RA# 2019100) (A 1; S 1) (Staff: J. Toy)

  21        TAHOE LLC, A SOUTH DAKOTA LIMITED LIABILITY COMPANY (LESSEE): Consider correction to prior authorization of Lease 3548, 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: not a project. (Lease 3548; A2362; RA# 2019135) (A 1; S 1) (Staff: J. Toy)

  22        THARSING FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8341 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 2366; A2760; RA# 2020057) (A 5; S 1) (Staff: S. Avila)

  23        THE ESTATE OF BRIAN J. METTLER, BY DEBRA SUZANNE METTLER, HIS ATTORNEY-IN-FACT (ASSIGNOR); WILLIS K. POLITE JR., TRUSTEE OF THE WILLIS K. POLITE JR. TRUST DATED APRIL 18, 2014 (ASSIGNEE): Consider assignment of a General Lease – Recreational Use, of a sovereign land located in Lake Tahoe, adjacent to 100 and 1620 North Lake Boulevard, Tahoe City, Placer County; for an existing joint-use pier, two boat lifts, and three mooring buoys. CEQA Consideration: not a project. (PRC 5561; A2786; RA# 2020058) (A 1; S 1) (Staff: M.J. Columbus) – Removed from agenda 12/08/2020

  24        KENNETH A. TUCKER AND BRUCE NICHOLSON TUCKER, TRUSTEES OF THE TUCKER 1984 FAMILY TRUST AGREEMENT (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2885 West Lake Boulevard, near Homewood, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2564; RA#2019271) (A 1; S 1) (Staff: L. Anderson)

Bay / Delta Region

  25        ASSOCIATION OF SURFING PROFESSIONALS, LLC (DBA WORLD SURF LEAGUE) (LESSEE); MAVERICKS VENTURES, LLC (APPLICANT): Consider acceptance of a lease quitclaim deed for Lease 9509, a General Lease – Other, and application for a General Lease – Other, of sovereign land located in the Pacific Ocean, near Pillar Point, San Mateo County; to conduct professional surfing contests. CEQA Consideration: categorical exemption. (Lease 9509; A2329; RA# 2019112) (A 22, 24; S 13) (Staff: M. Schroeder)

  26        RUTH SARAHI AWAN AND HATIF KAIYOOM AWAN (APPLICANT): Consider application for a General Lease – Recreational Use of sovereign land located in the Calaveras River, adjacent to 2955 Calariva Drive, Stockton, San Joaquin County; for an existing boat dock, ramp, and landing. CEQA Consideration: categorical exemption. (Lease 5562; A2608; RA# 2019292) (A 13; S 5) (Staff: J. Holt)

  27        GARY BELL AND JANE BELL, TRUSTEES OF THE GARY AND JANE BELL REVOCABLE TRUST DATED OCTOBER 12, 1998 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 174 Camino Del Mar, near Inverness, Marin County; for an existing pier, two walkways, a boathouse, stairs, and four pilings. CEQA Consideration: categorical exemption. (Lease 3240; A2726; RA#2020075) (A 10; S 2) (Staff: G. Asimakopoulos)

  28        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of the 2020 Category 1 benchmark rental rates for Tomales Bay Berths and Buoys for sovereign land in Tomales Bay, Marin County. CEQA Consideration: not a project. (W27247) (A 10; S 2) (Staff: D. Tutov, K. Foster)

  29        CITY OF OAKDALE (LESSEE): Consider amendment of Lease 5221, a General Lease – Public Agency Use, of sovereign land located in the Stanislaus River, near Oakdale, Stanislaus County; for installation of three sewage pipelines. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Oakdale, State Clearinghouse No. 2019089122, and adoption of a Mitigation Monitoring Program. (Lease 5221; A2586; RA# 2019316) (A 12; S 8) (Staff: M. Schroeder)

  30        CARSON B. COX, TRUSTEE OF THE REVOCABLE TRUST AGREEMENT OF CARSON B. COX DATED NOVEMBER 13, 1999 (LESSEE): Consider amendment to Lease 9270, a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 43 Greenbrae Boardwalk, near Greenbrae, Marin County; to eliminate two pilings erroneously included in the lease improvements and replace Exhibit A, Land Description, and Exhibit B, Site and Location Map. CEQA Consideration: not a project. (Lease 9270; A2774) (A 10; S 2) (Staff: V. Caldwell)

  31        DRILL HOLDINGS, LLC (LESSEE); AND JANAK K. MEHTANI AND NALINI MEHTANI (APPLICANT): Consider termination of Lease PRC 8746, a General Lease – Recreational and Protective Structure Use; Void Invoice Number 49845 and any associated Penalty and Interest; and an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 3997 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 8746; A2698; RA# 2020026) (A 7; S 6) (Staff: J. Holt)

  32        DELIA L. GRINZEWITSCH, TRUSTEE OF THE GRINZEWITSCH SACRAMENTO 1 YR RESIDENTIAL TRUST, DATED DECEMBER 28, 2012, AND GEORGE A. GRINZEWITSCH JR., TRUSTEE OF THE DELIA L. GRINZEWITSCH 2012 NONEXEMPT TRUST, DATED DECEMBER 28, 2012 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 4141 Garden Highway, Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 7817; A2796; RA#2020078) (A 7; S 6) (Staff: V. Caldwell)

  33        PATRICK HINRICHSEN AND JULIEANNE HINRICHSEN (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use of sovereign land located in the Sacramento River, adjacent to 949 Piedmont Drive, Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 6901; A2636; RA#2019339) (A 7; S 6) (Staff: V. Caldwell)

  34        JENNIFER D. HITCHCOCK, TRUSTEE OF THE JENNIFER D. HITCHCOCK LIVING TRUST DATED AUGUST 4, 1999 (LESSEE): Consider amendment to Lease 9287, a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 47 Greenbrae Boardwalk, Greenbrae, Marin County; to add two existing pilings erroneously included on an adjacent lease by replacing Exhibit A, Land Description, and Exhibit B, Site and Location Map. CEQA Consideration: not a project. (Lease 9287; A2773) (A 10; S 2) (Staff: V. Caldwell)

  35        WILLIAM C. KELLEY AND MAE ANDERSON-KELLEY (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 6051 Garden Highway, near Sacramento, Sacramento County; for an existing covered boat dock, bank protection, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5351; A2736; RA# 2020044) (A 7; S 6) (Staff: V. Caldwell)

  36        JACK DURELL KELP AND CANDICE DEAK KELP, AS CO-TRUSTEES AND ANY SUCCESSOR TRUSTEES OF THE KELP FAMILY 2011 AB REVOCABLE TRUST, CREATED APRIL 14, 2011 (LESSEE); JAMES RUSSELL KAGY AND PAULA KAGY AS TRUSTEES OF THE KAGY FAMILY TRUST DATED 4/26/2013 (APPLICANT): Consider termination of Lease PRC 6684, a General Lease – Recreational Use; and an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Georgiana Slough, adjacent to 431 W. Willow Tree Lane, near Isleton, Sacramento County; for an existing boat dock, appurtenant facilities, and one unattached piling previously authorized by the Commission and existing bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 6684; A2724; RA# 2020043) (A 11; S 3) (Staff: J. Holt)

  37        MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use of sovereign land in Corte Madera Creek from the Bon Air Bridge to San Pablo Bay, near Larkspur, Marin County; for a flood control channel. CEQA Consideration: categorical exemption. (Lease 3485; A2818; RA# 2020068) (A 10; S 2) (Staff: A. Franzoia)

  38        RONALD E. MULLER, AS TRUSTEE OF THE GM FAMILY REVOCABLE TRUST, DATED JANUARY 13, 2001 (LESSEE); PATRICK RUBIN AND SHELLY MILLER (APPLICANT): Consider  termination of Lease No. PRC 5077, a General Lease – Recreational Use; and an application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 5601 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, gangway, stairs and two pilings previously authorized by the Commission and one existing piling not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5077; A2251; RA# 2019073) (A 7; S 6) (Staff: D. Tutov)

  39        ROBERT PEARSON AND MARTHA PEARSON (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 17392 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock with slip and ramp previously authorized by the Commission and an existing three-pile dolphin and bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 4781; A2707; RA# 2020015) (A 11; S 3) (Staff: J. Holt)

  40        WESTPORT OFFICE PARK, LLC, A DELAWARE LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use and authorization of an Agreement and Consent to Encumbrance of Lease of sovereign land located in Belmont Slough, adjacent to 1400 and 1600 Bridge Parkway, near Redwood City, San Mateo County; for two existing stormwater outfalls and rock riprap. CEQA Consideration: categorical exemption. (Lease 7876; A2208; RA# 2019041) (A 22; S 13) (Staff: D. Tutov)

  41        TODD WILSON AND BRANDY WILSON (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 5721 Garden Highway, near Sacramento, Sacramento County; for existing bank protection; and construction of a covered boat dock with slip and boat lift, gangway, and three pilings. CEQA Consideration: categorical exemptions. (Lease 6538; RA# 14318) (A 7; S 6) (Staff: J. Holt)

  42        WOODBRIDGE IRRIGATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Mokelumne River, near Woodbridge, San Joaquin County; for a fish bypass pipeline. CEQA Consideration: categorical exemption. (Lease 3818; A2641; RA# 2019322) (A 9; S 5) (Staff: D. Tutov)

  43        JUN KAI ZHENG AND YING FU ZHENG; NELSON ZHENG; AND SUHAN ZHENG (APPLICANT): Consider rescission of approval and issuance of a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 105 Edgewater Drive, near Rio Vista, Solano County; for an existing wooden deck, boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 9300; A2382; RA#2019198) (A 11; S 3) (Staff: G. Asimakopoulos)

Central / Southern Region

  44        CONRAD G. BANKS AND CATHERINE V. BANKS, TRUSTEES OF THE CONRAD G. BANKS AND CATHERINE V. BANKS INTER VIVOS REVOCABLE TRUST, DATED NOVEMBER 7, 1980 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 3372 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 4637; A2572; RA# 2020005) (A 72; S 34) (Staff: K. Connor)

  45        PETER AND SARAH BATES (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located adjacent to 403 Pacific Avenue, Solana Beach, San Diego County; for a portion of a seawall. CEQA Consideration: categorical exemption. (A2601; RA# 2019338) (A 78; S 29) (Staff: D. Simpkin)

  46        RUSSELL JOSEPH CHIDLEY AND SUSAN ELIZABETH CHIDLEY (LESSEE): Consider amendment of Lease No. PRC 9062, a General Lease – Protective Structure Use, of sovereign land located in the Colorado River adjacent to 1190 Beach Drive, Needles, San Bernardino County; for a boat dock, stairway, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 9062; A2739; RA#2020063) (A 33; S 16) (Staff: L. Pino)

  47        DAVID LEE JOHNSTON AND LISA D. JOHNSTON, TRUSTEES OF THE DLJ TRUST DATED DECEMBER 20, 2005 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 16212 Piedmont Circle, Huntington Beach, Orange County; for a portion of an existing common boat dock. CEQA Consideration: categorical exemption. (Lease 7422; A2606; RA# 2020018) (A 72; S 34) (Staff: K. Connor)

  48        PAUL NIKOLAU AND JOYCE NIKOLAU, AS TRUSTEES OF THE NIKOLAU LIVING TRUST, DATED SEPTEMBER 13, 2005 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 3382 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock and access ramp previously authorized by the Commission, and an existing cantilevered deck not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3083; A2746; RA# 2020038) (A 72; S 34) (Staff: K. Connor)

  49        RIVERSIDE COUNTY REGIONAL PARK & OPEN-SPACE DISTRICT (LESSEE/SUBLESSOR); COVE RV RESORTS ON THE COLORADO RIVER, LLC (SUBLESSEE): Consider amendment of a General Lease – Commercial Use, endorsement of sublease, and revision of rent for Lease No. PRC 9128, of sovereign land located in the Historic Bed of the Colorado River adjacent to 500 Riviera Drive, Blythe, Riverside County; for an existing RV Park. CEQA Consideration: not a project. (Lease 9128; A2738; RA# 2020040) (A 56; S 28) (Staff: L. Pino)

  50        SOUTHERN CALIFORNIA EDISON COMPANY AND SAN DIEGO GAS AND ELECTRIC COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, San Onofre, San Diego County; for two existing non-operational offshore concrete water circulating conduits associated with San Onofre Nuclear Generating Station (SONGS) Unit 1. CEQA Consideration: categorical exemption. (Lease 3193; A2685; RA# 2019347) (A 76; S 36) (Staff: C. Hudson) – Removed from agenda 12/09/2020

  51        THE MUHS 1992 PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour adjacent to 16901 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3577; A2579; RA# 2020066) (A 72; S 34) (Staff: L. Pino)

School Lands

  52        IP ATHOS, LLC AND IP ATHOS II, LLC (APPLICANT): Consider amendment to Lease No. PRC 9579, a General Lease – Right-of-Way Use, of State-owned school land located in Section 16, Township 5 South, Range 16 East, SBM, northeast of Desert Center, Riverside County; to change the name of the Lessee, add a second overhead transmission line to the authorized uses, and extend the lease term. CEQA Consideration: Environmental Impact Report, certified by Riverside County, State Clearinghouse No. 2018051021. (PRC 9579.2; A2514; RA# 2019221) (A 56; S 28) (Staff: R. Collins) – Exhibit B revised 12/10/2020

Mineral Resources Management

  53        AVANGRID RENEWABLES, LLC (APPLICANT): Consider application for a Non-Exclusive Geological/Geophysical Survey Permit on State-owned school lands, Assessor’s Parcel Numbers 0417-162-01, 0417-162-02, 0417-162-04, 0417-162-05, 0417-162-053, 0417-162-54, located near Lucerne Valley, San Bernardino County. CEQA Consideration: categorical exemption. (A2753; RA# 2020045) (A 7; S 6) (Staff: R. B. Greenwood)

  54        EGS AMERICAS, INC. (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct geophysical surveys on granted and ungranted tide and submerged lands statewide, from the mean high tide line to 3 nautical miles offshore, under the jurisdiction of the California State Lands Commission. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A2844; RA# 2020099) (A & S: Statewide) (Staff: R. B. Greenwood)

Marine Environmental Protection – see Regular Calendar

Administration – no items

Legal

  55        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider authorizing the Executive Officer, or her designee, to execute the Memorandum of Understanding relating to the Refugio Beach Oil Spill Natural Resources Damage Assessment and Restoration; and authorize staff to participate in the Refugio Beach Oil Spill Trustee Council. CEQA Consideration: not a project. (A & S: Statewide) (Staff: P. Huber)

  56        CALIFORNIA STATE LANDS COMMISSION, OCEAN PROTECTION COUNCIL, CALIFORNIA NATURAL RESOURCES AGENCY, CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, CALIFORNIA FISH AND GAME COMMISSION, CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, STATE WATER RESOURCES CONTROL BOARD, CALIFORNIA COASTAL COMMISSION, CALIFORNIA OCEAN SCIENCE TRUST, MPA COLLABORATIVE NETWORK, RESOURCES LEGACY FUND (PARTIES): Consider authorizing the Executive Officer, or her designee, to execute a Memorandum of Understanding among the State Lands Commission, Ocean Protection Council, California Natural Resources Agency, California Department of Fish and Wildlife, California Fish and Game Commission, California Department of Parks and Recreation, State Water Resources Control Board, California Coastal Commission, California Ocean Science Trust, MPA Collaborative Network, and Resources Legacy Fund, relating to implementation of the California Marine Life Protection Act. CEQA Consideration: not a project. (A & S: Statewide) (Staff: J. Mattox, B. Johnson)

Kapiloff Land Bank Trust Acquisition/Expenditure

  57        CALIFORNIA STATE LANDS COMMISSION, IN ITS CAPACITY AS THE KAPILOFF LAND BANK TRUSTEE: Consider authorizing the Executive Officer to expend up to $37,500 from the Kapiloff Land Bank Fund and to enter into a Local Government Agreement with the County of Ventura to construct a bollard fence adjacent to a state-owned access road and parking area for the La Jenelle Beach Park, near Port Hueneme, Ventura County. CEQA Consideration: categorical exemption. (Lease 4951) (A 44; S 19) (Staff: C. Connor, K. Foster, A. Kershen)

External Affairs

Granted Lands

  58        CITY OF LONG BEACH (TRUSTEE): Review a proposed tideland oil revenue expenditure in an amount not to exceed $2,588,989 by the City of Long Beach for four capital improvement projects located both on and adjacent to legislatively granted sovereign land in the City of Long Beach, Los Angeles County. CEQA Consideration: not a project. (G 05-03) (A 70; S 33) (Staff: M. Moser)

  59        CITY OF MARTINEZ (TRUSTEE): Consider temporarily relieving the City of Martinez from its requirement to transmit 20 percent of the revenue generated from its granted lands to the State. CEQA Consideration: not a project. (G 02-02) (A 11; S 7) (Staff: M. Moser)

VI.        Informational Calendar – see Regular Calendar

VII.      Regular Calendar 60-64

  60        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) – Staff Report revised 12/16/2020
Public Comments

  61        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of the legislative report titled "2021 Biennial Report on the California Marine Invasive Species Program.” CEQA Consideration: not a project. (W9777.234) (A & S: Statewide) (Staff: L. Ceballos Osuna, N. Dobroski)
Public Comments

  62        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Progress report on the Commission’s second year implementing its new Environmental Justice Policy. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: Y. Ramirez, S. Pemberton)

  63        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Informational update on aquaculture in State and federal waters, including the establishment of Aquaculture Opportunity Areas in federal waters. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: M. Danielson) – Staff Report revised 12/16/2020

  64        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Informational update on AB 691 (Muratsuchi) Chapter 592, statutes of 2013; Public Resources Code section 6311.5 relating to legislatively granted Public Trust lands and sea-level rise planning. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: K. Kunkel)

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 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).