California State Lands Commission

Eleni Kounalakis, Lieutenant Governor, Chair

Betty T. Yee, State Controller, Member

Keely Bosler, Director of Department of Finance, Member

Original Agenda Posted 11:30 AM on Thursday, February 11, 2021

REGULAR MEETING

Agenda

VOTING RECORD

February 23, 2021

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/85305567063?pwd=dWE3YjQ3bjh‌PU01ZSW9zT05ONjF3Zz09

Password: 357224

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 853 0556 7063

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 DECEMBER 17, 2020 meeting were approved by a vote of 3-0 (YEE–yes; kounalakis–Yes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEM 03 WAS REMOVED FROM CONSIDERATION

·         CONSENT ITEM 10 WAS MOVED TO THE REGULAR CALENDAR

·         CONSENT ITEMS 01, 02, 04-09, AND 11-40 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         NO ITEMS ON INFORMATIONAL CALENDAR – SEE REGULAR CALENDAR

REGULAR CALENDAR:

·         ITEM 41 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

·         ITEM 42 – PRESENTATIONS WERE MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 43 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–YES; YEE–YES; MILLER–ABSTAINED)

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

·         CONSENT item 10 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–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 February 23 meeting agenda, the subject line of your email would read: "SUBJECT: 2/23/2021: 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: 2/23/2021: 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/85305567063?‌pwd=dWE3YjQ3bjh‌PU01ZSW9zT05ONjF3Zz09

Password: 357224

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 853 0556 7063

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: February 23, 2021 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.

·         Public Comments

III.          Confirmation of Minutes for the December 17, 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:

·         No Items

V.         Consent Calendar 01-40

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        JOHN BROCKWAY METCALF (LESSEE); JOHN BROCKWAY METCALF AND ELIZABETH SCOTT METCALF (APPLICANT): Consider acceptance of a lease quitclaim deed and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 9031 Lupine Lane, near South Lake Tahoe, El Dorado County; for an existing pier and two mooring buoys previously authorized by the Commission and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 9324; A2347; RA# 2019126) (A 5; S 1) (Staff: J. Toy)

  02        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider termination of Public Agency Lease No. PRC 7896 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, on sovereign land in the Smith River, along U.S. Route 101, near Crescent City, Del Norte County; for temporary construction right-of-ways and the replacement of the existing Dr. Fine Bridge and a right-of-way for the use and maintenance for the new bridge. CEQA Consideration: Environmental Impact Report, certified by the California Department of Transportation, State Clearinghouse No. 2010102037, and adoption of a Mitigation Monitoring Program and Statement of Findings. (Permit 7896; A2672; RA# 2020007) (A 2; S 2) (Staff: J. Toy)

  03        DRUM LODGE LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE): Consider amendment to Lease 4266, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7701 State Highway 89, near Meeks Bay, El Dorado County; for use and maintenance of one mooring buoy not previously authorized by the Commission; removal of an existing pier; and construction of a pier, catwalk, and ramp. CEQA Consideration: categorical exemption. (P4266; A2806; RA# 2020071) (A 5; S 1) (Staff: S. Avila) Removed from Agenda 02/19/2021.

  04        MONICA FLANNIGAN AND ZACHARY SACHEN (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8730 Brockway Vista Avenue, Kings Beach, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2842; RA# 2020082) (A 1; S 1) (Staff: L. Anderson)

  05        RICHARD AND SHEILA HICKMAN (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7372 North Lake Boulevard, Tahoe Vista, Placer County; for two mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W27121; RA# R30616) (A 1; S 1) (Staff: L. Anderson)

  06        GARY CLAUS JOHNSON AND TERRILYNN KAY JOHNSON, TRUSTEES OF THE JOHNSON FAMILY TRUST DATED MAY 20, 1998 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6924 Pomin Avenue, near Tahoma, Placer County; for reconstruction and expansion of an existing pier, installation of an adjustable catwalk and boat lift; removal of a boat hoist and one existing mooring buoy; and relocation of four boulders. CEQA Consideration: categorical exemptions. (Lease 5579; A2687; RA# 2019350) (A1; S1) (Staff: M.J. Columbus)

  07        JOE MASSOLO AND SONS TRUCKING COMPANY, INC., A CALIFORNIA CORPORATION (LESSEE/APPLICANT): Consider acceptance of a lease quitclaim deed and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8751 Rubicon Drive, near Rubicon Bay, El Dorado County; for an existing pier, boathouse, and two mooring buoys previously authorized by the Commission and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 4063; A2348; RA# 2019125) (A 5; S 1) (Staff: J. Toy)

  08        BRIAN J. METTLER, THROUGH DEBRA SUZANNE METTLER AS HIS HEIR (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 sovereign land located in Lake Tahoe, adjacent to 1600 and 1620 North Lake Boulevard, Tahoe City, Placer County; for an existing joint-use pier, two boat lifts, and three existing mooring buoys. CEQA Consideration: not a project. (PRC 5561; A2786; RA# 2020058) (A 1; S 1) (Staff: M.J. Columbus)

  09        GRABLE B. RONNING (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 105 Chipmunk Street, Kings Beach, Placer County; for one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2731; RA# 2020070) (A 1; S 1) (Staff: S. Avila)

  10        RTI INFRASTRUCTURE, INC. (APPLICANT): Consider adoption of a Mitigated Negative Declaration, State Clearinghouse No. 2020120205, and adoption of a Mitigation Monitoring Program, and consider application for a General Lease – Right-of-Way Use of sovereign land in the Pacific Ocean, near Samoa, Humboldt County, for the RTI Infrastructure Inc. Eureka Subsea Fiber Optic Cables Project. (W27218; RA# 13118) (A 2; S 2) (Staff: A. Franzoia) Staff Report revised 02/19/2021.

·         Comment letter(s)

  11        KAREN STONE MCCOWN, TRUSTEE OF THE KAREN STONE MCCOWN REVOCABLE TRUST AGREEMENT DATED MAY 11, 1990, AMENDED AND RESTATED AUGUST 13, 2003 (LESSEE); NADER PANAH-IZADI AND BRIGITTE PANAH-IZADI (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease No. PRC 7277, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 255 Drum Road, near Meeks Bay, El Dorado County; for one existing mooring buoy. CEQA Consideration: categorical exemption. (Lease 9070; A2244) (A 5; S 1) (Staff: J. Toy) Staff Report revised 02/22/2021.

  12        SUTTER BUTTE FLOOD CONTROL AGENCY (APPLICANT): Consider application for a General Lease – Dredging Use, of sovereign land located in the Feather River, adjacent to 1100 Pennington Road, near Live Oak, Sutter County. CEQA Consideration: Mitigated Negative Declaration, adopted by the Sutter Butte Flood Control Agency, State Clearinghouse No. 2020100322, and adoption of a Mitigation Monitoring Program. (A2702; RA# 2020010) (A 3; S 4) (Staff: M.J. Columbus)

  13        THE LAKE TAHOE LAKEHOUSE LLC (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2780 Lake Terrace, Tahoe City, Placer County; for two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8312; A2628; RA# 2019311) (A 1; S 1) (Staff: L. Anderson)

  14        THE WOODROW A. HAHN AND CHARLOTTE M. HAHN LIVING TRUST DATED JUNE 7, 1977, CHARLENE R. DOYLE AND BEVERLY J. GARTON, CO-TRUSTEES (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3165 West Lake Boulevard, near Homewood, Placer County; for one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2767; RA# 2020048) (A 1; S 1) (Staff: L. Anderson)

  15        CAROLYN WALKER SHAW, TRUSTEE OF THE TRUST FOR THE BENEFIT OF JORDAN KINDY SHAW AND JAMES WALKER SHAW CREATED IN THE JEAN WALKER LOWELL PERSONAL RESIDENCE TRUST DATED AUGUST 16, 2006 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent 4060 North Lake Blvd., Carnelian Bay, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 6367; A2728; RA# 2020024) (A 1; S 1) (Staff: L. Anderson)

  16        TONY WEIR INDUSTRIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 242 Four Ring Road, near Rubicon Bay, El Dorado County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2747; RA# 2020041) (A 5; S 1) (Staff: J. Toy)

Bay / Delta Region

  17        BNSF RAILWAY COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Tuolumne River, adjacent to Santa Fe Avenue, near Empire, Stanislaus County; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 7767; A2678; RA# 2020019) (A 21; S 8) (Staff: M. Schroeder)

  18        CITY OF SACRAMENTO (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the American River, adjacent to Howe Avenue, Sacramento, Sacramento County; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 3927; A2694; RA# 2020030) (A 7; S 6) (Staff: M. Schroeder)

  19        CITY OF STOCKTON (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, Stockton, San Joaquin County; for an existing wastewater pipeline. CEQA Consideration: categorical exemption. (Lease 2108, A2631; RA#2020012) (A 13; S 5) (Staff: J. Holt)

  20        DELTA YACHT CLUB, INC., A CALIFORNIA DOMESTIC NONPROFIT CORPORATION (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the San Joaquin River, adjacent to Assessor’s Parcel Number 129-120-010, at Tule Island, near Stockton, San Joaquin County; for an existing boat dock, gangway, and bank protection previously authorized by the Commission, and electric and water utility outlets not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3930; A2709; RA#2020013) (A 13; S 5) (Staff: G. Asimakopoulos)

  21        PATRICIA R. ENOS, RON J. ENOS, AND STACY A. BENSON, CO-TRUSTEES OF THE ENOS FAMILY TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Georgiana Slough, adjacent to 14810 Andrus Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, ramp, and two pilings previously authorized by the Commission and two existing unattached pilings not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8906; A2860; RA# 2020106) (A 11; S 3) (Staff: J. Holt)

  22        WOLFGANG R. FRICKE (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 37600 South River Road, near Clarksburg, Yolo County; for an existing boat dock and appurtenant facilities previously authorized by the Commission and existing bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7462; A2751; RA# 2020062) (A 4; S 3) (Staff: J. Holt)

  23        JAMES GRIMES AND KIM GRIMES, CO-TRUSTEES UNDER THE GRIMES LIVING TRUST DATED JULY 8, 2014 (AS RESTATED ON AUGUST 21, 2015) (LESSEE); BRANDON A. CASTILLO AND MONICA L. CASTILLO, AS TRUSTEES OF THE CASTILLO FAMILY TRUST DATED APRIL 20, 2018 (APPLICANT): Consider termination of Lease No. PRC 5124, 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 3445 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, ramp, piling, one 2-pile dolphin, and bank protection previously authorized by the Commission and an existing personal watercraft float not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5124; A2643; RA# 2020014) (A 7; S 6) (Staff: J. Holt)

  24        KEITH HOBERT AND LAURIE HOBERT (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 17404 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 4761; A2757; RA# 2020053) (A 11; S 3) (Staff: D. Tutov)

  25        JERRY W. MADDERN, TRUSTEE OF THE JERRY W. MADDERN 2017 TRUST, DATED SEPTEMBER 26, 2017 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Georgiana Slough, adjacent to 17151 Terminous Road, near Isleton, Sacramento County; for an existing boat dock with slip and enclosed boathouse with boat lift, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 5273; A2802; RA# 2020067) (A 11; S 3) (Staff: J. Holt)

  26        ANDREW MAJIT AND ANSLEY MAJIT (LESSEE); ADAM WILLNER, TRUSTEE AND MARTA BENSON, TRUSTEE OF THE WILLNER-BENSON FAMILY TRUST (APPLICANT): Consider termination of Lease No. PRC 9488, a General Lease – Recreational Use; rescission of authorization to amend lease and agree and consent to encumber the lease; and an application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 35 Boardwalk One, near Larkspur, Marin County; for a dock and portion of an existing deck. CEQA Consideration: categorical exemption. (Lease 9488; A2828; RA# 2020076) (A 10; S 2) (Staff: V. Caldwell)

  27        DONNA OBERT BLOWER (LESSEE); CAROL JANE DUNN AND ALEXANDER BENTON PAKTER, TRUSTEES OF THE ALEXANDER BENTON PAKTER AND CAROL JANE DUNN LIVING TRUST, DATED JUNE 21, 2018 (APPLICANT): Consider termination of Lease PRC 5780, 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 Georgiana Slough, adjacent to 15433 Andrus Island Road, near Isleton, Sacramento County; for an existing boat dock, deck, appurtenant facilities, two speed buoys, and bank protection. CEQA Consideration: categorical exemption. (Lease 5780; A2710; RA# 2020025) (A 11; S 3) (Staff: J. Holt)

  28        DAVID R. PECK, TRUSTEE OF THE DAVID R. PECK TRUST (ASSIGNOR); RUTH A. RODGERS AND MICHAEL B. MACQUARRIE (ASSIGNEE): Consider an assignment and amendment and authorization of an Agreement and Consent to Encumbrance of Lease No. 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: categorical exemption. (Lease 9472; A2703; RA# 2020008) (A 10; S 2) (Staff: D. Tutov)

  29        UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Sacramento River, adjacent to Assessor’s Parcel Number 158-0050-001, near Emmaton, Sacramento County; and in the Mokelumne River, adjacent to Assessor’s Parcel Number 069-020-190, near Staten Island, San Joaquin County; for two existing water-quality monitoring recorder stations. CEQA Consideration: categorical exemption. (Lease 3717; RA# 2019181) (A 11, 13; S 3, 5) (Staff: G. Asimakopoulos)

  30        U.S. DEPARTMENT OF TRANSPORTATION, MARITIME ADMINISTRATION (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Suisun Bay, adjacent to 2595 Lake Herman Road, near Benicia, Solano County; for an existing pier with finger piers, administration barge, and General Anchorage 26. CEQA Consideration: categorical exemption. (Lease 7838; A2551; RA# 2019324) (A 14; S 3) (Staff: M. Schroeder)

Central / Southern Region

  31        CITY OF FIREBAUGH (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, Firebaugh, Fresno County; for existing bank protection previously authorized by the Commission, and two stormwater pipelines not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8861; A2872; RA# 2020115) (A 31; S 12) (Staff: K. Connor)

  32        DEBORAH DIBENEDETTO, TRUSTEE OF THE DEBORAH DIBENEDETTO TRUST, DATED MAY 3, 2007 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16562 Somerset Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3246; A2411; RA# 2019228) (A 72; S 34) (Staff: L. Pino)

  33        DAVIS HUNTER DOTY AND DANIELLE MARIE DOTY; DAVID HUNTER DOTY AND ANNGRETE DOTY; BRADLEY OLSON AND GENEVIEVE OLSON (APPLICANT): Consider termination of Lease No. PRC 9281.9, a General Lease – Protective Structure Use,  and application for a General Lease – Recreational and Protective Structure Use of sovereign land located in the Colorado River adjacent to 1207 Beach Drive, Needles, San Bernardino County; for existing riprap bankline protection, and the installation of a floating boat dock, walkway, access ramp, and stairway. CEQA Consideration: categorical exemption. (Lease 9281; A2839; RA#2020108) (A 33; S 16) (Staff: L. Pino) Staff Report revised 02/18/2021.

  34        APOLLA FARTHING, ART ACOSTA, AND MICHELLE ACOSTA (LESSEE); WILLIAM ARMSTRONG AND AMANDA ARMSTRONG, TRUSTEES OF THE WILLIAM AND AMANDA ARMSTRONG REVOCABLE TRUST DATED JULY 13, 2020 (APPLICANT): Consider termination of Lease No. PRC 9136 and issuance of a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1150 Beach Drive, Needles, San Bernardino County; for two planter areas with rock and concrete block retaining walls and electrical and irrigation appurtenances, concrete stairs, concrete patio, riprap bankline, an aluminum stairway and gangway with railing, and a floating boat dock. CEQA Consideration: categorical exemption. (Lease 9136; A2761; RA#2020060) (A 33; S 16) (Staff: L. Pino)

  35        REGENTS OF THE UNIVERSITY OF MICHIGAN (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the dry lakebed of Owens Lake, Inyo County; for two monitoring towers, a data collection and transmission box, and a solar power collection station. CEQA Consideration: categorical exemption. (Lease 9031; RA# 2020125) (A 34; S 17) (Staff: D. Simpkin)

  36        ALAN ZIMMER AND DIANA ZIMMER (ASSIGNOR); SOTW GROUP LLC (ASSIGNEE): Consider assignment of Lease No. PRC 9503.1, a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1240 Beach Drive, Needles, San Bernardino County; for an existing concrete stairway with rock retaining wall, raised planter area with concrete retaining wall, and riprap bankline protection. CEQA Consideration: not a project. (PRC 9503; A2854; RA# 2020095) (A 33; S 16) (Staff: L. Pino)

School Lands – No Items

Mineral Resources Management

  37        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of qualifying miles for Fiscal Year 2020-2021 subventions to the Cities of Huntington Beach and Seal Beach, located in Orange County; and to the City of Long Beach, located in Los Angeles County. CEQA Consideration: not a project. (W 4848.1, W 4848.4, W 4848.8) (A 70, 72, 74; S 33, 34, 37) (Staff: N. Heda, R. Wurster)

  38        ROBERT G. WETZEL (APPLICANT): Consider application for an extension of a prospecting permit for precious metals other than oil, gas, geothermal, sand, and gravel, Assessor’s Parcel Number 0570-051-24, State Parcel Number 202-017, located within Section 16, Township 15 North, Range 10 East, SBBM, approximately 3 miles northwest of Interstate 15 Halloran Springs Exit, San Bernardino County. CEQA Consideration: Environmental Assessment and Finding of No Significant Impacts. (Permit 9305; A2852; RA# 2020098) (A 33; S 16) (Staff: R. Lee)

Marine Environmental Protection – No Items

Administration – No Items

Legal

  39        U.S. NATIONAL PARK SERVICE (APPLICANT): Consider Cession of Concurrent Criminal Legislative Jurisdiction pursuant to California Government Code section 126 over lands adjacent to Yosemite National Park, Mariposa County. CEQA Consideration: not a project. (WO 24484) (A 5; S 8) (Staff: P. Huber)

Kapiloff Land Bank Trust Acquisition/Expenditure – No Items

External Affairs

Granted Lands

  40        SAN FRANCISCO PORT COMMISSION, CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA STATE LANDS COMMISSION, INDIA BASIN INVESTMENT, LLC (PARTIES):  Consider a Title Settlement and Land Exchange Agreement involving parcels located within and adjacent to India Basin and the San Francisco Bay, in the city and county of San Francisco. CEQA Consideration: statutory exemption. (G11-01) (A 17; S 11) (Staff: R. Boggiano, A. Kershen)

VI.        Informational Calendar – See Regular Calendar

VII.      Regular Calendar 41-44

  41        CALIFORNIA STATE LANDS COMMISSION: Report on final year of the Commission’s 2016-2020 Strategic Plan and consider adoption of the 2021-2025 Strategic Plan. CEQA Consideration: not a project. (A & S: Statewide) (Staff: J. Lucchesi, C. Connor, B. Stoddard, K. Robinson-Filipp)

  42        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Presentations by the Ports of San Francisco, Oakland, Los Angeles, Long Beach, and San Diego on their COVID-19 Pandemic response. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: J. Lucchesi, S. Pemberton, R. Boggiano)

  43        CALIFORNIA STATE LANDS COMMISSION: Consider sponsoring legislation in the 2020-21 legislative session that would repeal obsolete school land statutes and recast or modernize other school land statutes. CEQA Consideration: not a project. (A & S: Statewide) (Staff: S. Pemberton)

  44        CALIFORNIA STATE LANDS COMMISSION: Discussion and possible action on state legislation relevant to the California State Lands Commission. CEQA Consideration: not a project. (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:

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

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

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

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

·         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).