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 3:00 PM on Thursday, April 15, 2021

REGULAR MEETING

Agenda

VOTING RECORD

April 27, 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/82795353265?pwd=UjVxZDlOa‍‌UJSUlpwVlVUZnlsU2VsUT09

Password: 915440

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: 827 9535 3265

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 February 23, 2021 meeting were approved by a vote of 3-0 (YEE–yes; kounalakisYes; miller–YES)

CONSENT CALENDAR:

INFORMATIONAL CALENDAR:

·         NO ITEMS ON INFORMATIONAL CALENDAR – SEE REGULAR CALENDAR

REGULAR CALENDAR:

CLOSED SESSION:

·         NO CLOSED SESSION HELD FOR THIS MEETING

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 April 27 meeting agenda, the subject line of your email would read: "SUBJECT: 4/27/2021: 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: 4/27/2021: 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/82795353265?‌pwd=UjVxZDlOaUJSUlpwVlVUZnlsU2VsUT09

Password: 915440

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: 827 9535 3265

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: April 27, 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 Comment Letters

III.         Confirmation of Minutes for the February 23, 2021 meeting

IV.       Executive Officer’s Report revised 05/03/21

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

·         AT&T Corp. (Lessee): Continuation of rent at $4,335 per year for a General Lease – Right-of-Way Use located in the Pacific Ocean, offshore of Montana De Oro State Park, Morro Bay, San Luis Obispo County. (PRC 8154)

·         AT&T Corp. (Lessee): Continuation of rent at $4,030 per year for a General Lease – Right-of-Way Use located in the Pacific Ocean, offshore of Montana De Oro State Park, Morro Bay, San Luis Obispo County. (PRC 8278)

·         Level 3 Communications, LLC (Lessee): Continuation of rent at $1,277 per year for a General Lease – Right-of-Way Use located on State school lands, near Baker, San Bernardino County. (PRC 8324)

·         Pacific Gas and Electric Company (Lessee): Continuation of rent at $2,774 per year for a General Lease – Right-of-Way Use located in Old River, Middle River and Latham Slough, near Isleton, San Joaquin County and Contra Costa County. (PRC 8677)

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

·         No Items

V.        Consent Calendar 01-43

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        28 MOANA CIRCLE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 28 Moana Circle, near Homewood, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5301; A2363; RA# 2019137) (A 1; S 1) (Staff: J. Toy)

  02        JAMES F. BAGAN AND MEREDITH H. BAGAN (LESSEE); WILLIAM J. GLASER AND GINA GLASER, TRUSTEES OF THE GLASER FAMILY TRUST AGREEMENT DATED MARCH 20, 2017 (APPLICANT): Consider acceptance of a lease quitclaim deed; void Invoice Number 51019 and any associated Penalty and Interest; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4762 North Lake Boulevard, near Carnelian Bay, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 5074; A2928; RA# 2020123) (A 1; S 1) (Staff: J. Holt)

  03        DAVID HARRIS BERGER AND SARAH JAME BERGER (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2562 Lake Forest Road, near Tahoe City, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2395; RA# 2019224) (A 1; S 1) (Staff: J. Holt)

  04        BEWLEY TAHOE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5420 and 5430 West Lake Boulevard, near Homewood, Placer County; for three existing mooring buoys previously authorized by the Commission, and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8002; A2642; RA# 2019317) (A 1; S 1) (Staff: S. Avila)

  05        RUTH BLEY, TRUSTEE OF THE RUTH BLEY LIVING TRUST, DATED 8/24/11 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 111 Chipmunk Street, Kings Beach, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2725; RA# 2020022) (A 1; S 1) (Staff: S. Avila)

  06        BARBARA B. CORNEILLE, TRUSTEE OF THE CORNEILLE LIVING TRUST DATED MARCH 19, 1990 (LESSEE); QUIET WALK LLC, A CALIFORNIA LEGAL LIABILITY COMPANY (APPLICANT): Consider termination of Lease Number PRC 9056, a General Lease – Recreational Use; and issuance of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 135 Quiet Walk Road, near Tahoma, El Dorado County; for an existing pier and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 9056; A2841; RA# 2020081) (A 5; S 1) (Staff: L. Anderson)

  07        BARBARA B. CORNEILLE, TRUSTEE OF THE CORNEILLE LIVING TRUST DATED MARCH 19, 1990 (LESSEE); QUIET WALK LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease PRC 3654, a General Lease – Recreational Use; and issuance of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 135 Quiet Walk Road, near Tahoma, El Dorado County; for an existing pier, boat hoist, sundeck with stairs, and two mooring buoys previously authorized by the Commission and a water line not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3654; A2847; RA# 2020088) (A 5; S 1) (Staff: L. Anderson)

  08        DRUM LODGE LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE): Consider amendment to Lease Number PRC 4266, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 15 Chinkapin Cove, near Meeks Bay, El Dorado County; to include 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 exemptions. (PRC 4266; A2806; RA# 2020071) (A 5; S 1) (Staff: S. Avila)

  09        DEBI L. LANGSTON, AS TRUSTEE OF THE DEBI L. LANGSTON LIVING TRUST, DATED AUGUST 15, 2008 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8246 Brockway Vista Avenue, Kings Beach, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2086; RA# 27918) (A 1; S 1) (Staff: N. Lee)

  10        MCKINLEYVILLE COMMUNITY SERVICES DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Mad River, adjacent to Assessor’s Parcel Numbers 508-021-007 and 508-021-006, near McKinleyville, Humboldt County; for the proposed Mad River Floodplain and Public Access Enhancement Project. CEQA Consideration: Mitigated Negative Declaration, adopted by the McKinleyville Community Services District, State Clearinghouse No. 2020039047, and adoption of a Mitigation Monitoring Program. (A2413; RA# 2020059) (A 2; S 2) (Staff: J. Toy)

  11        PATRICIA MOZART, TRUSTEE OF THE PATRICIA MOZART TRUST AGREEMENT UTA DATED DECEMBER 11, 1995 (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 6350 and 6370 West Lake Boulevard, near Homewood, Placer County; for an existing pier, boathouse with boat lift, sundeck with stairs, and three mooring buoys. CEQA Consideration: categorical exemptions. (Lease 6525; A2664; RA# 2019335) (A 1; S 1) (Staff: J. Toy)

  12        GEORGE STANLEY NUNN AND KELLI ANN NUNN (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8245 Meeks Bay Avenue, Meeks Bay, El Dorado County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8136; A2924; RA# 2020121) (A 5; S 1) (Staff: J. Holt)

  13        BRUCE W. OLSON AND MOLLY J. OLSON, TRUSTEES OF THE FAMILY OLSON TRUST OF 2006 U.D.T. DATED SEPTEMBER 27, 2006 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4246 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier and boat lift previously authorized by the Commission and two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 4177; A2493; RA# 2019209) (A 1; S 1) (Staff: J. Toy)

  14        BRUCE W. OLSON AND MOLLY J. OLSON, TRUSTEES OF THE FAMILY OLSON TRUST OF 2006 U.D.T. DATED SEPTEMBER 27, 2006 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4240 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier with boathouse, and two mooring buoys previously authorized by the Commission and an existing sundeck with stairs not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3212; A2494; RA# 2019210) (A 1; S 1) (Staff: J. Toy)

  15        CAROLYN M. PAUL, TRUSTEE OF THE PAUL FAMILY TRUST DATED JANUARY 22, 2001 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4745 West Lake Blvd, near Homewood, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2518; RA# 2019223 (A 1; S 1) (Staff: A. Franzoia)

  16        RANDALL E. POND AND CYNTHIA M. G. POND, AS TRUSTEES OF THE CYNTHIA M. G. POND PERSONAL RESIDENCE TRUST U/T/A 12/13/08; AND RANDALL E. POND AND CYNTHIA M.G. POND, AS TRUSTEES OF THE RANDALL E. POND PERSONAL RESIDENCE TRUST U/T/A 12/13/08 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3240 Edgewater Drive, Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8919; A2657; RA# 2019331) (A 1; S 1) (Staff: L. Anderson)

  17        ROGER B. PRIMM, TRUSTEE OF THE REVISED AND RESTATED ROGER B. PRIMM FAMILY TRUST U/D/T DATED JANUARY 30, 1990 (LESSEE); MARK L. ENGSTROM AND ANNE STILLE ENGSTROM, AS TRUSTEES OF THE ENGSTROM FAMILY TRUST DATED MAY 21, 2004 (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease PRC 6863, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3115 Jameson Beach Road, near South Lake Tahoe, El Dorado County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 6863; A2784; RA# 2020055) (A 5; S 1) (Staff: S. Avila)

  18        CATHERINE A. RAMIREZ; CHARLES M. CHEVALIER, JR. AND JOAN C. CHEVALIER, TRUSTEES OF THE CHEVALIER REVOCABLE FAMILY TRUST DATED DECEMBER 20, 2005; WILLOW J. ANSTEAD; AND CARL M. WARMACK (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8265 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing mooring buoy. CEQA Consideration: categorical exemption. (Lease 8306; A2505; RA# 2020050) (A 5; S 1) (Staff: L. Anderson)

  19        RED WOLF LAKESIDE LODGE L.P., A CALIFORNIA LIMITED PARTNERSHIP AND TAHOYA SHORES CONDOMINIUM ASSOCIATION (APPLICANT): Consider issuance of a General Lease – Recreational Use and Protective Structure Use, of sovereign land located in Lake Tahoe, adjacent to 7610 and 7630 North Lake Boulevard, Tahoe Vista, Placer County; for a joint-use pier, a rock jetty, a portion of a second jetty adjacent to the east side of Assessor’s Parcel Number 117-140-008, and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 7954; A2670; RA# 2020001) (A 1; S 1) (Staff: L. Anderson) - Staff Report revised 04/20/2021.

  20        RUBICON TAHOE OWNERS, INC. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to Assessor’s Parcel Numbers 016-142-011 and 016-221-006, near Rubicon Bay, El Dorado County; for two existing piers, three seasonal open swim lines, two swim floats, 97 existing mooring buoys, and three existing marker buoys. CEQA Consideration: categorical exemption. (Lease 5676; A2248; RA# 2019119) (A 5; S 1) (Staff: M.J. Columbus)

  21        ROBERT SOLOMON AND JESSICA SOLOMON, CO-TRUSTEES OF THE SOLOMON REVOCABLE TRUST U/A/D AUGUST 3, 2011 (LESSEE); LONG PADDLE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (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 2570 West Lake Boulevard, near Tahoe City, Placer County; for removal of an existing pier, appurtenant facilities, and one mooring buoy; use and maintenance of one existing mooring buoy previously authorized and freshwater intake pipeline not previously authorized by the Commission; and construction of a pier and boat lift. CEQA Consideration: categorical exemptions. (Lease 5125; A2868; RA# 2020112) (A 1; S 1) (Staff: J. Holt)

  22        LAUREN R. STRACHAN AND ADAM STRACHAN, AS CO-TRUSTEES OF THE GORDON C. STRACHAN FAMILY TRUST UNDER DECLARATION OF TRUST DATED DECEMBER 28, 2001; AND AARON T. STRACHAN AND JUSTIN D. STRACHAN, AS CO-TRUSTEES OF THE ALAN F. STRACHAN FAMILY TRUST UNDER DECLARATION OF TRUST DATED DECEMBER 28, 2001 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6760 West Lake Boulevard, near Tahoma, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4278; A2679; RA# 2020091) (A 1; S 1) (Staff: S. Avila)

  23        SUTTER BUTTE FLOOD CONTROL AGENCY (APPLICANT): Consider application for a General Lease – Dredging Use, of sovereign land located in the Feather River and the confluence of the Feather and Yuba Rivers, adjacent to Assessor’s Parcel Numbers 52-570-006, 010-260-017, 010-020-010, 010-020-011, and 010-020-015, near Yuba City, Sutter and Yuba Counties. CEQA Consideration:  Environmental Impact Report, certified by the Sutter Butte Flood Control Agency, State Clearinghouse No. 2020060424, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (A2661; RA# 2019340) (A 3; S 4) (Staff: M.J. Columbus)

Bay / Delta Region

  24        MARK ALDERDICE (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 520 Pierce Point Road near Inverness, Marin County; for the installation, use, and maintenance of a mooring buoy. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (A2584; RA# 2020109) (A 10; S 2) (Staff: D. Tutov)

  25        WAYNE BOYD BROWN (LESSEE); MELINDA D. HRABE AND ORVILLE S. HRABE, AS TRUSTEES OF THE BICYCLE LOVE TRUST DATED 4/9/2020 (APPLICANT): Consider termination of Lease Number PRC 6052, a Recreational Pier Lease; and an application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 821 Yacht Court, near Sacramento, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6052; RA# 2020107) (A 9; S 6) (Staff: M. Schroeder)

  26        BURLINGAME POINT, LLC (LESSEE): Termination of an agreement and consideration of an agreement and consent to encumbrance of Lease Number PRC 9084.1, a General Lease – Recreation, Protective Structure and Other Use, of sovereign land adjacent to San Francisco Bay in Burlingame, San Mateo County; for construction of a portion of the San Francisco Bay Trail, a driveway, and interim improvements to Fisherman’s Park including public parking. CEQA Consideration: not a project. (PRC 9084; RA# 2020335) (A 22; S 13) (Staff: A. Franzoia)

  27        CITY OF PACIFICA (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, near Pacifica, San Mateo County; for a public fishing pier and seawall. CEQA Consideration: categorical exemption. (Lease 4585; A2821; RA# 2020113) (A 22; S 13) (Staff: D. Tutov)

  28        WILLARD C. COLLINS (LESSEE): Consider termination of General Lease – Recreational Use, of sovereign land located in Middle River, adjacent to Assessor’s Parcel Number 129-060-03, near Stockton, San Joaquin County; for a dock, landing, covered platform, water ski jump, 22-buoy slalom course, and appurtenant facilities; refunding rent paid in error; and cancellation of outstanding rent invoices. CEQA Consideration: not a project. (Lease 7189) (A 13; S 5) (Staff: V. Caldwell)

  29        DENICE A. DERICCO AND GAIL B. DERICCO, TRUSTEES OF THE DERICCO FAMILY REVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 4075 Garden Highway, near Sacramento, Sacramento County; for an existing covered boat dock with slip and boat lift, and appurtenant facilities previously authorized by the Commission and existing bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5126; A2662; RA# 2020031) (A 7; S 6) (Staff: J. Holt)

  30        KIMBERLY JANE GUNSCH (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Steamboat Slough, adjacent to 13980 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 5914; A2865; RA#2020353) (A 11; S 3) (Staff: G. Asimakopoulos)

  31        RANDI K. MARTIN AND JAMES A. BAKKEN (APPLICANT): Consider application for a General Lease – Recreational and Residential Use, of sovereign land located in the Petaluma River, adjacent to 116 Harbor Drive, near Novato, Marin County; for a portion of an existing cabin, shed, walkway, decks, access ramp, and dock. CEQA Consideration: categorical exemption. (Lease 2651; A2819; RA# 2020069) (A 10; S 2) (Staff: J. Holt)

  32        JOHN F. NELSON, TRUSTEE OF THE JOHN F. NELSON FAMILY TRUST, DATED NOVEMBER 17, 2016 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 4161 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, boat lift, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5141; A2674; RA# 2020290) (A 9; S 6) (Staff: S. Avila)

  33        NICHOLAS E. WHITNEY, TRUSTEE OF THE SEAHAVEN TRUST DATED SEPTEMBER 22, 2017 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 98 Camino Del Mar, near Inverness, Marin County; for an existing pier, boat dock  and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5095; A2712; RA# 20200953) (A 11; S 3) (Staff: D. Tutov)

Central / Southern Region

  34        BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT (LESSEE): Consider request for acceptance of a late Extension Payment, Lease Number PRC 9364, a General Lease – Beach Replenishment and Protective Structure Use, of sovereign land located in the Pacific Ocean at Broad Beach, Malibu, Los Angeles County. CEQA Consideration: not a project. (Lease 9364; RA# 2020350) (A 50; S 27) (Staff: D. Simpkin)

  35        NATIONAL PARK SERVICE – CHANNEL ISLANDS NATIONAL PARK (LESSEE): Consider amendment of Lease Number PRC 8390, a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, Anacapa Island, Ventura County; for the replacement of the existing Anacapa Island dock and installation of nine new pilings. CEQA Consideration: categorical exemption. (Lease 8390; A2946; RA# 2020310) (A 37; S 19) (Staff: D. Simpkin)

  36        OAK HILLS ESTATE, LLC (LESSEE): Consider amendment to Lease 9570, a General Lease – Other, of sovereign land located in the Burton Mesa Ecological Reserve, near Lompoc, Santa Barbara County; to extend the construction-must-start-by date. CEQA Consideration: Environmental Impact Report, certified by Santa Barbara County, State Clearinghouse No. 2015111069. (Lease 9570; A2494; RA# 2020314) (A 35; S 19) (Staff: K. Connor)

  37        JAMES HOYT O’NEAL AND NANCY DEE BARDEN O’NEAL, TRUSTEES OF THE O’NEAL FAMILY TRUST UNDER TRUST AGREEMENT DATED JUNE 21, 2001 (LESSEE/ASSIGNOR) JEFFRY D. WATKINS AND JEANNINE K. WATKINS, TRUSTEES OF THE JEFFRY D. WATKINS AND JEANNINE K. WATKINS FAMILY TRUST DATED MARCH 26, 2001 (APPLICANT/ASSIGNEE): Consider assignment of a General Lease – Protective Structure Use, of sovereign land located adjacent to 211 Pacific Avenue, Solana Beach, San Diego County; for a portion of an existing seawall and associated seacave/notch fill. CEQA Consideration: not a project. (Lease 8182; RA# 2020347) (A 78; S 39) (Staff: D. Simpkin)

  38        PG MARINA INVESTORS II (LESSEE): Consider amendment to Lease 9525, a General Lease – Commercial Use, of sovereign land located in the Main Channel of Huntington Harbour, Huntington Beach, Orange County; for the installation, use, and maintenance of a new public fishing dock. CEQA Consideration: categorical exemption. (Lease 9525; RA#2020118) (A 72; S 34) (Staff: D. Simpkin)

School Lands

·         No Items for this section

Mineral Resources Management

  39        CITY OF LONG BEACH (GRANTEE): Consider approval of subsidence monitoring costs for vertical measurements and studies for the 2021-2022 Fiscal Year, City of Long Beach, Los Angeles County. CEQA Consideration: categorical exemption. (W 10443) (A 70; S 33, 34) (Staff: P. Regan)

  40        CITY OF LONG BEACH (GRANTEE): Consider acceptance of the Long Beach Unit Program Plan (July 1, 2021, through June 30, 2026), and the Annual Plan (July 1, 2021, through June 30, 2022), Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 17166) (A 70; S 33, 34) (Staff: J. Abedi)

  41        OCCIDENTAL COLLEGE (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct low-energy 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. (A2950; RA#2020309) (A & S: Statewide) (Staff: C. Fox)

Marine Environmental Protection

  42        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of proposed amendments to sections 2291, 2292, 2293, 2294, 2295, 2296 and 2297 of the California Code of Regulations, Title 2, Division 3, Chapter 1, Article 4.7. CEQA Consideration: categorical exemption. (W 9777.234) (A & S: Statewide) (Staff: L. Ceballos Osuna, E. Kennedy)
Public Comments

Administration7

·         No items for this section

Legal

  43        CALIFORNIA STATE LANDS COMMISSION, CALIFORNIA DEPARTMENT OF WATER RESOURCES (PARTIES): Consider authorizing acceptance of a Transfer of Jurisdiction of certain property interests from the California Department of Water Resources to the Commission and entering into a Memorandum of Agreement to facilitate coordination and review of a proposed carbon capture and sequestration project application on Sherman Island, Sacramento County. CEQA Consideration: not a project. (I2534) (A 11; S 3) (Staff: A. Kershen) – Exhibit A revised 04/20/2021.

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No items for this section

External Affairs

Granted Lands

·         No items for this section

VI.       Informational Calendar

·         No items for this section

VII.     Regular Calendar 44-47

  44        CALIFORNIA STATE LANDS COMMISSION: Consider adopting a resolution in support of directing funding from the American Rescue Plan Act to California ports to mitigate negative economic impacts resulting from the COVID-19 pandemic and allow them to sustain the essential services and maintain the critical infrastructure California relies on to protect jobs and recover economically. CEQA Consideration: not a project. (A & S: Statewide) (Staff: S. Pemberton, R. Boggiano)

  45        CALIFORNIA STATE LANDS COMMISSION: Discussion and possible action on state legislation relevant to the California State Lands Commission. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

  46        CALIFORNIA STATE LANDS COMMISSION: Consider supporting S. 572, the Border Water Quality Restoration and Protection Act, a bill introduced by Senators Feinstein and Padilla to reduce pollution along the U.S.-Mexico border and improve the water quality of the Tijuana River and New River, and consider supporting H.R. 1663 by Representative Juan Vargas that is intended to restore water quality at the Tijuana River and New River. CEQA Consideration: not a project. (A & S: Statewide) (Staff: S. Pemberton)

  47        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider extending the sunset date of the limited delegation of authority to the Executive Officer for the COVID-19 Rent and Application Expense Deferral Program previously authorized by the Commission. CEQA Consideration: not a project. (W9301) (A & S: Statewide) (Staff: B. Bugsch, K. Foster)

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: 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).