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 2:00 PM on Wednesday, June 16, 2021
REGULAR MEETING
Agenda
VOTING
RECORD
June 29, 2021
1:00 PM
Pursuant
to the Governor’s Executive Order N-08-21,
which has extended certain suspensions of the Bagley-Keene Act enumerated in
Executive Order N-29-20,
and the need to safely transition back to more traditional public meetings
consistent with the California Department of Public Health’s recommendations,
this meeting will be a remote meeting only, accessible through two video
options and a teleconference option. 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/85777832196?pwd=U1BRMWpqczF1ZXErelRPOTVJMUM0Zz09
Password: 385801
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: 857
7783 2196
COMMISSIONERS
PRESENT:
· ELENI KOUNALAKIS, Lieutenant Governor
· BETTY T. YEE, State Controller
· GAYLE MILLER, Chief Deputy Director and Alternate for Director of the Department of Finance, Keely Bosler
VOTE:
· The minutes of the APRIL 27, 2021 meeting were approved by a vote of 3-0 (YEE–yes; kounalakis–Yes; miller–YES)
CONSENT
CALENDAR:
- CONSENT ITEMS 23, 46, AND 47 WERE REMOVED FROM CONSIDERATION)
·
CONSENT ITEMS 01-22, 24-45, AND 48 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 49 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL –
NO VOTE REQUIRED
- item 50 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS
PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–YES; YEE–YES; MILLER–ABSTAINED)
- ITEM 51 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS
PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–YES; YEE–YES; MILLER–ABSTAINED)
- ITEM 52 –
PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0
(KOUNALAKIS–YES; YEE–YES; MILLER–YES)
- ITEM 53 –
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.
- 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.
- 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 June 29
meeting agenda, the subject line of your email would read: "SUBJECT: 6/29/2021: Item 6"
- 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: 6/29/2021: Comment
on Planning for Rising Sea Levels"
- 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/85777832196?pwd=U1BRMWpqczF1ZXErelRPOTVJMUM0Zz09
Password: 385801
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: 857 7783
2196
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: June 29, 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.
III. Confirmation of Minutes for the April 27, 2021 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 for this section
Tomales
Bay Assignment Actions to be taken by the Executive Officer pursuant to the
Commission’s Delegation of Authority:
·
No items for this section
V. Consent Calendar 01-48
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
EDMOND
BENDER AND DEBORAH BENDER (APPLICANT): Consider application for a General
Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to
3760 North Lake Boulevard, near Carnelian Bay, Placer County; for two existing
mooring buoys. CEQA Consideration: categorical exemption. (Lease 8934; A2727;
RA# 2020023) (A 1; S 1) (Staff: L. Anderson)
02
DAVID
HARRIS BERGER AND SARAH JAMES BERGER (RESCINDING APPLICANT): DAVID HARRIS
BERGER AND SARAH JANE BERGER, OR THEIR SUCCESSOR(S), AS TRUSTEES OF THE DAVID
AND SARAH BERGER FAMILY TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 22,
2020, AS AMENDED (APPLICANT): Consider rescission of approval
and authorization of a
General Lease – Recreational Use, of sovereign land located in Lake Tahoe,
adjacent to 2562 Lake Forest Road, Tahoe City, Placer County; for two existing
mooring buoys not previously authorized by the Commission. CEQA Consideration:
categorical exemption. (Lease 9658; A2395; RA# 2019224) (A 1; S 1) (Staff: J.
Holt)
03
RICHARD
G. BUSSE, TRUSTEE OF THE RICHARD G. BUSSE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5324 North Lake
Boulevard, near Carnelian Bay, Placer County; for two mooring buoys. CEQA
Consideration: categorical exemption. (Lease
8953; A2701; RA# 2020009) (A 1; S 1) (Staff: L. Anderson)
04
TERRY
R. CHRISMAN AND LISA J. P. CHRISMAN, TRUSTEES OF THE TERRY AND LISA CHRISMAN
FAMILY TRUST, DATED SEPTEMBER 24, 2001; JULIET M. PARKER, TRUSTEE OF PARKER
TAHOE TRUST *TAHOE TRUST IS FBO DONALD A. PARKER’S TWO SONS UNTIL OLDEST SON
ATTAINS AGE 30 DATED 4/20/2012; SUMMER ANN CHRISMAN, TRUSTEE OF THE SUMMER ANN
CHRISMAN REVOCABLE TRUST DATED MARCH 10, 2021; DANIEL RAYMOND CHRISMAN, TRUSTEE
OF THE DANIEL RAYMOND CHRISMAN REVOCABLE TRUST DATED MARCH 3, 2021; AND LISA
NOËL CHRISMAN, TRUSTEE OF THE LISA NOËL CHRISMAN REVOCABLE TRUST DATED MAY 13,
2021 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent 8275 Meeks Bay Avenue,
Meeks Bay, El Dorado County; for one existing mooring buoy. CEQA Consideration:
categorical exemption. (Lease 8333; A2680; RA# 2020124) (A 5; S 1)
(Staff: S. Avila)
05
LINDA
NELSON DAVIS, ROBERT L. WEBSTER, AND PATRICIA LOUISE NELSON ATASSI, AS
CO-TRUSTEES OF THE JENNIFER JOANNA DAVIS REVOCABLE TRUST DATED JULY 20, 2001,
AS AMENDED AND RESTATED ON JULY 3, 2012 (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 76 Lassen Drive, Tahoe City, Placer County; for one existing
mooring buoy previously authorized by the Commission and one existing mooring
buoy not previously authorized by the Commission. CEQA Consideration:
categorical exemption. (Lease 9317; A2859;
RA# 2020101) (A 1; S 1) (Staff: J. Holt) Staff Report revised 06/25/2021.
06
ROBERT
L. DUMAS AND SABRINA E. DUMAS, TRUSTEES OF THE DUMAS FAMILY TRUST DATED
DECEMBER 2, 2015 (LESSEE): Consider amendment of Lease Number PRC
5557, a General Lease – Recreational Use, of sovereign land located in Lake
Tahoe, adjacent to 4500 North Lake Boulevard, Carnelian Bay, Placer County; for
construction, use, and maintenance of a pier, boat lift, and catwalk; removal
of an existing pier and one existing mooring buoy; and the continued use and
maintenance of one existing mooring buoy. CEQA Consideration: categorical
exemptions. (PRC 5557; A2845; RA# 2020087) (A 1; S 1) (Staff: S. Avila)
07
DAVID
J. FERRARI (LESSEE); REYNOLD J. DILENA (APPLICANT): Consider termination of Lease Number PRC 8431, a General
Lease – Recreational Use; and application for a General Lease – Recreational
Use, of sovereign land located in Lake Tahoe, adjacent to 6259 North Lake
Boulevard, near Tahoe Vista, Placer County; for two existing freshwater intake
pipelines not previously authorized by the Commission; and two existing mooring
buoys. CEQA Consideration: categorical exemption. (Lease 8431; RA# 23318) (A 1;
S 1) (Staff: S. Avila)
08
VICTORIA
L. FIGONE, TRUSTEE, FIGONE FAMILY TRUST FOR BENEFIT OF SARAH J. IHNKEN DATED
DECEMBER 31, 2020; AND VICTORIA L. FIGONE, TRUSTEE, FIGONE FAMILY TRUST FOR
BENEFIT OF LINDA I. IHNKEN DATED DECEMBER 31, 2020 (APPLICANT): Consider application for a General Lease – Recreational Use,
of sovereign land located in Lake Tahoe, adjacent to 32 Moana Circle, near
Homewood, Placer County; for an existing pier and two mooring buoys. CEQA
Consideration: categorical exemption. (Lease 5300; A3030; RA# 2020378) (A 1; S
1) (Staff: S. Avila)
09
EDWARD
R. FRAZER, TRUSTEE OF THE EDWARD R. FRAZER FAMILY TRUST (E.R.F’S S.P.), DATED
OCTOBER 2, 2002 (LESSEE);
MAC3K INVESTMENTS, L.P.
(APPLICANT): Consider termination of Lease 5177, a
General Lease – Recreational Use; and application for a General Lease – Recreational Use, of sovereign
land located in Lake Tahoe, adjacent
to 4796 North Lake Boulevard, Carnelian Bay, Placer
County; for an existing pier, two catwalks, portion
of a cabin, boat lift, and two mooring buoys. CEQA Consideration:
categorical exemption. (Lease 5177; A2960;
RA# 2020323) (A 1; S 1) (Staff: J. Holt)
10
SIDNEY
J. HENDRICKS (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Petaluma River, adjacent to 6614 Lakeville Road, near Petaluma, Sonoma
County; for an existing pier, boat dock and
appurtenant facilities. CEQA Consideration: categorical exemption.
(Lease 8212; A2359; RA# 2019150) (A 10;
S 3) (Staff: J. Toy)
11
COLLEEN
S. MORRISSEY, AS TRUSTEE OF THE AMENDED AND RESTATED MARY SHEA TAHOE PINES
QUALIFIED PERSONAL RESIDENCE TRUST (APPLICANT): Consider application for a General
Lease – Recreational Use, of sovereign
land located in Lake Tahoe, adjacent to 3640 Idlewild Way, near Homewood, Placer County; for
an existing pier and two mooring buoys
previously authorized by the Commission and three existing boat hoists not
previously authorized by the Commission. CEQA Consideration: categorical
exemption. (Lease 3621; A2559; RA# 2019274) (A 1;
S 1) (Staff: J. Toy)
12
PACIFIC
GAS AND ELECTRIC COMPANY (LESSEE): Consider revision of rent to Lease
Number PRC 8915, a General Lease – Right-of-Way Use, of sovereign land located in the Yuba River, adjacent to Assessor’s
Parcel Numbers (APNs) 018-240-003 and 018-240-039, and in the Bear River,
adjacent to APNs 016-140-003, 016-140-010, and 016-140-016, south of
Marysville, Yuba, and Sutter Counties; for an overhead
transmission line. CEQA Consideration: not a project. (PRC 8915) (A 3; S 4) (Staff: N. Lee)
13
BRUCE
R. PETERSON AND JOAN C. PETERSON, AS TRUSTEES OF THE PETERSON REVOCABLE INTER
VIVOS TRUST DATED NOVEMBER 19, 1986 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3384 Edgewater Drive,
near Tahoe City, Placer County; for two existing mooring buoys. CEQA
Consideration: categorical exemption. (Lease 8310; A2782; RA# 2020362) (A 1; S 1) (Staff:
S. Avila)
14
SKYLAR
J. RICE; AND JOE RICE AND JILL RICE (APPLICANT): Consider application for a General
Lease – Protective Structure Use, of
sovereign land located in Quill Slough,
adjacent to Assessor’s Parcel Number 310-021-005,
near Loleta, Humboldt County; for an existing tide
gate and rock riprap. CEQA Consideration: categorical exemption. (Lease 5961; A2827; RA# 2020302) (A 2; S 2) (Staff: J. Toy)
15
WILLIAM P. ROBERT (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7486 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys
not previously authorized by the Commission. CEQA Consideration:
categorical exemption. (A2401; RA#
2019166) (A 1; S 1) (Staff: L. Anderson)
16
JONATHAN
D. RUGGIERO AND LAURIE L. RUGGIERO, AS TRUSTEES OF THE RUGGIERO TRUST DATED 4/1/2013
(LESSEE/ASSIGNOR); GREGORY H. ST. CLAIRE AND ANNE L. ST. CLAIRE, TRUSTEES OF
THE ST. CLAIRE FAMILY TRUST (CO-LESSEE); LAKE 120 LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY (APPLICANT/ASSIGNEE): Consider assignment of a General Lease
– Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3135
and 3145 West Lake Boulevard, near Homewood, Placer County; for an existing
joint-use pier and four mooring buoys. CEQA Consideration: not a project.
(Lease 5529; A3017; RA# 2020366) (A 1; S 1) (Staff: S. Avila)
17
THOMAS A. SHIELDS, JR. AND LOUISA LLOYD
SHIELDS, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE SHIELDS TRUST,
ESTABLISHED APRIL 27, 2001, AND ANY AMENDMENTS THERETO
(APPLICANT): Consider application for a General
Lease – Recreational Use, of sovereign
land located in Donner Lake, adjacent to
15849 Donner Pass Road, Truckee, Nevada County; for an existing pier, boat
dock, covered boat lift, and gangway. CEQA Consideration: categorical
exemption. (Lease 7740; A2954; RA# 2020343) (A 1;
S 1) (Staff: L. Anderson)
Bay / Delta Region
18
MICHELLE
BARNES AND DAVID BARNES (LESSEE): Consider amendment to Lease Number PRC
5800, a General Lease – Recreational Use, of sovereign land located in
Georgiana Slough, adjacent to 17191 Terminous Road, near Isleton, Sacramento
County; to include construction of a proposed boat
slip with hydro lift and addition of three personal watercraft floats not
previously authorized by the Commission; and replacement of an existing boat
dock, gangway, storage shed; two electrical outlets, and personal watercraft
lift previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 5800;
A2969; RA# 2020331) (A 11; S 3) (Staff: J. Holt)
19
BRANNAN
- ANDRUS LEVEE MAINTENANCE DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land in the
Sacramento River, near Isleton, for the Sacramento River Erosion
Control/Habitat Enhancement Project. CEQA Consideration: Mitigated Negative
Declaration, adopted by the Brannan - Andrus Levee Maintenance District, State
Clearinghouse No. 2020100329, and adoption of a Mitigation Monitoring Program.
(A2483; RA# 2020089) (A 11; S 3) (Staff: A. Franzoia)
20
CALIFORNIA
CELLARS LLC (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 15511 Isleton
Road, near Isleton, Sacramento County; for an existing boat dock and
appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8937; A2968; RA# 2020348) (A 7; S 6)
(Staff: L. Anderson)
21
CENTRAL
VALLEY FLOOD PROTECTION BOARD (APPLICANT): Consider applications for two General
Leases – Public Agency Use, of sovereign land located adjacent to Paradise
Beach and Glen Hall Park in the American River, Sacramento County; for
construction, use and maintenance of existing levee erosion repair sites, bank
stabilization, and project mitigation sites. CEQA Consideration: Environmental
Impact Report (EIR) and Supplemental EIR, certified by the Central Valley Flood
Protection Board, State Clearinghouse No. 2005072046, and adoption of a
Mitigation Monitoring Program, Statement of Findings, and Statement of
Overriding Considerations. (A2402; RA# 20191677 and A2715; RA#2020016) (A 7; S
6) (Staff: S. Avila)
22
CITY
OF MODESTO (APPLICANT): Consider application for a General
Lease – Public Agency Use of sovereign land in the Tuolumne River, adjacent to
700-734 Neece Drive, Modesto, Stanislaus County; for the construction, use, and
maintenance of a concrete non-motorized boat launch ramp and riprap bank
protection. CEQA Consideration: Master Environmental Impact Reports, certified
by the City of Modesto, State Clearinghouse No. 2000022028 and 2007072023,
Finding of Conformance, and adoption of a Mitigation Monitoring Program.
(A2826; RA# 2020074) (A 21; S 12) (Staff: L. Pino)
23
MARK D. COPELAND AND KATHLEEN A. COPELAND, TRUSTEES OF THE COPELAND
FAMILY TRUST, ESTABLISHED NOVEMBER 19, 1999 (APPLICANT): Consider
application for a General Lease – Recreational
and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 6575 Garden Highway, near Sacramento, Sacramento
County; for an existing boat dock, appurtenant
facilities, and bank protection. CEQA Consideration: categorical
exemption. (Lease 8936; A2830; RA# 2020111) (A 7;
S 6) (Staff: J. Toy) Removed
from agenda 06/22/2021.
24
DIABLO
WATER SKI CLUB, A CALIFORNIA CORPORATION (LESSEE): Consider revision of rent to Lease Number PRC 6184, a General
Lease – Recreational Use, of state sovereign
land located in Old River, adjacent to Assessor’s Parcel Number 129-050-59,
near Bacon Island, San Joaquin County; for two
existing club buildings, one water ski jump, five boat docks, two decks, a
storage room, covered patio, and ten seasonal slalom marker buoys with anchors.
CEQA Consideration: not a project. (PRC 6184) (A
13; S 5) (Staff: N. Lee)
25
ECO
SERVICES OPERATIONS CORP. (APPLICANT):
Consider amendment of Lease Number PRC 7660, a General Lease – Industrial and
Protective Structure Use, of filled and unfilled sovereign land located
adjacent to 100 Mococo Road, in Peyton Slough and Carquinez Strait, near
Martinez, Contra Costa County; for the use and maintenance of additional
shoreline protection. CEQA Consideration: categorical exemption. (PRC 7660; RA#
2020329) (A 14; S 3) (Staff: D. Tutov)
26
DONALD
W. FRAULOB AND MELISSA C. BROWN (APPLICANT): Consider
application for a General Lease – Recreational Use, of sovereign land located
in the Sacramento River, adjacent to 2517 Garden Highway, Sacramento,
Sacramento County; for two existing unattached pilings. CEQA Consideration:
categorical exemption. (Lease 5178; RA# 22218) (A 7; S 6) (Staff: J. Holt)
27
WILLIAM
H. KEARNS, JR., TRUSTEE OF THE WILLIAM H. KEARNS, JR. SEPARATE PROPERTY TRUST
DATED JULY 27, 1999 (LESSEE); RICHARD T MESSERSMITH AND KAROL A MESSERSMITH,
TRUSTEES OF THE RICHARD T MESSERSMITH AND KAROL A MESSERSMITH FAMILY REVOCABLE
TRUST EST 9/11/03 (APPLICANT): Consider
termination of Lease 8760, a General Lease – Recreational and Protective
Structure Use; and issuance of a General Lease – Recreational and Protective
Structure Use, of sovereign land located in Georgiana Slough, adjacent to 17075
Terminous Road, near Isleton, Sacramento County; for an existing covered boat
dock, appurtenant facilities, and bank protection. CEQA Consideration:
categorical exemption. (Lease 8760; A2956; RA# 2020313) (A 11; S 3) (Staff: J.
Holt) Staff Report revised
06/29/2021.
28
MARK
D. LENG AND SHERRI E. LENG (LESSEE); MOHAMMAD SHARIF (APPLICANT): Consider acceptance of a lease quitclaim deed and application
for a General Lease – Recreational and
Protective Structure Use, of sovereign land located in the Sacramento River,
adjacent to 2541 Garden Highway, Sacramento, Sacramento County; for an existing
boat dock, ramp, two pilings, and bank protection previously authorized by the
Commission and an existing boat lift not previously authorized by the
Commission. CEQA Consideration: categorical exemption. (Lease 7833, A2976; RA#
2020334) (A 7; S 6) (Staff: M.J.
Columbus)
29
TIBERIO
P. LIZZA (LESSEE); CHRISTIAN I. LIZZA, KARL P. LIZZA, AND CONSTANCE E. MOYER
(APPLICANT): Consider termination of Lease Number PRC 8942, a General
Lease – Recreational Use; and issuance of a General Lease – Recreational Use, of sovereign land located in Raccoon Strait, adjacent to 2032 Paradise
Drive, Tiburon, Marin County; for an existing pier. CEQA Consideration:
categorical exemption. (Lease 8942;
A3034; RA# 2020379) (A 10; S 2) (Staff: L. Anderson)
30
GEOFFREY
B. SEARS AND JANICE L. SEARS TRUSTEES OF THE G.B. SEARS FAMILY TRUST DATED
MARCH 8, 2013 (APPLICANT): Consider application for a General Lease – Recreational
Use, of sovereign land located in Tomales Bay, adjacent to 18555 Highway 1,
near Marshall, Marin County; for a proposed mooring buoy. CEQA Consideration:
Negative Declaration, adopted by the California State Lands Commission, State
Clearinghouse No. 2012082074. (A3028; RA# 2020373) (A 10; S 2) (Staff: D.
Tutov)
31
PAUL
D. THAYER AND MARTHA H. LENNIHAN AS TRUSTEES OF THE PAUL D. THAYER AND MARTHA
H. LENNIHAN 2016 REVOCABLE TRUST, DATED MARCH 14, 2016 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of
sovereign land located in the Sacramento River,
adjacent to 6645 Garden Highway, near Sacramento, Sacramento
County; for an existing boat dock, appurtenant
facilities, and bank protection previously authorized by the Commission and an
existing boat lift and two-pile dolphin not previously authorized by the
Commission. CEQA Consideration: categorical exemption. (Lease 6042; A2557; RA# 2020102) (A 7; S 6) (Staff: J. Toy)
32
TOWN
OF DISCOVERY BAY COMMUNITY SERVICES DISTRICT (LESSEE): Consider amendment of Lease Number PRC 8547, a General Lease
– Public Agency Use, of sovereign land in Old River, near Discovery Bay, Contra
Costa County; to install a diffuser and remove an existing diffuser. CEQA
Consideration: Mitigated Negative Declaration, adopted by the Town of Discovery
Bay, SCH No. 2020020418, and adoption of a Mitigation Monitoring and Reporting
Plan. (PRC 8547; RA# 2019334) (A 11; S 7) (Staff: M. Schroeder)
33
VINCENT
VONG AND THUY THI TRAN, CO-TRUSTEES OF THE VONG TRAN FAMILY TRUST DATED JANUARY
15, 2010 (APPLICANT): Consider application
for a General Lease – Recreational and
Protective Structure Use, of sovereign land located in the Sacramento River,
adjacent to 1861 Garden Highway, Sacramento, Sacramento County; for an existing
three-pile dolphin boat tie-up and bank protection. CEQA Consideration: categorical
exemption. (Lease 6727, A2986; RA# 2020345) (A 7; S 6) (Staff: M.J. Columbus)
Central / Southern Region
34
DONALD
WILLIAM AASE AND JUDITH ELLEN AASE, TRUSTEES OF THE AASE FAMILY TRUST, DATED
MARCH 23, 2017 (LESSEE); WILLIAM TY LARSON, TRUSTEE OF THE WILLIAM TY LARSON
TRUST DATED DECEMBER 12, 1991 (APPLICANT): Consider termination of Lease Number
PRC 9088 and issuance of a General Lease – Recreational and Protective
Structure Use, of sovereign land located in the Colorado River adjacent to 1118
Beach Drive, Needles, San Bernardino County; for an existing concrete stairway
with rock retaining walls, two concrete patio areas with railing and rock
retaining walls, planter area, and riprap bankline
protection. CEQA Consideration: categorical exemption. (Lease 9088; A2721;
RA#2020380) (A 33; S 16) (Staff: L. Pino)
35
CALIFORNIA
STATE LANDS COMMISSION AND CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of an offer to
dedicate a lateral public access easement over land adjacent to 31260 Broad
Beach Road, Malibu, Los Angeles County. CEQA Consideration: not a project.
(W24665; I2333) (A 50; S 27) (Staff: L. Pino)
36
CALIFORNIA
STATE LANDS COMMISSION AND CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of an offer to dedicate a
lateral public access easement over land adjacent to 31302 Broad Beach Road,
Malibu, Los Angeles County. CEQA Consideration: not a project. (W24665; I2338)
(A 50; S 27) (Staff: L. Pino)
37
PREMIER
SEED COMPANY, LLC (APPLICANT): Consider application for a General
Lease – Other, of sovereign land on the dry bed of Owens Lake, Inyo County; for
seed harvesting. CEQA Consideration: categorical exemption. (Lease 9413; A3029;
RA#2020376) (A 26; S 8) (Staff: D. Simpkin)
38
SANTA
CATALINA ISLAND COMPANY (APPLICANT/SUBLESSOR) AND SANTA CATALINA ISLAND
CONSERVANCY (APPLICANT); UNIVERSITY OF SOUTHERN CALIFORNIA, HUBBS SEA WORLD
RESEARCH INSTITUTE, CATALINA SEA BASS FUND (SUBLESSEES): Consider application for a General Lease – Commercial Use,
and endorsement of subleases of sovereign land located in various coves around
Santa Catalina Island, Pacific Ocean, Los Angeles County; for existing
facilities including 752 moorings, six string lines, coves for open anchorage,
four finfish grow-out pens, four anchors and up to four shellfish long-line
arrays. CEQA Consideration: categorical exemption. (Lease 3639; A2485; RA#
2019291) (A 70; S 26) (Staff: D. Simpkin)
39
MICHAEL
SHUTT AND CHRISTINE D. SHUTT, AS TRUSTEES, OR ANY SUCCESSOR TRUSTEE, UNDER THAT
CERTAIN DECLARATION OF TRUST NAMED MICHAEL SHUTT AND CHRISTINE D. SHUTT FAMILY
TRUST, CREATED BY MICHAEL SHUTT AND CHRISTINE D. SHUTT, AS TRUSTORS, DATED
SEPTEMBER 8, 2006 (ASSIGNOR); ERIC KEATING AND MELISSA KEATING (ASSIGNEE): Consider assignment of Lease Number PRC 9039, a General Lease – Recreational and Protective
Structure Use, of sovereign land located in the Colorado River, adjacent to
1170 Beach Drive, Needles, San Bernardino County; for an existing concrete
stairway with railing and appurtenances, rock retaining walls, concrete patios
and riprap bankline protection; landing, aluminum
gangway with railing, and floating boat dock. CEQA Consideration: not a
project. (PRC 9039; A3042; RA# 2020382) (A 33; S 16) (Staff: L. Pino)
40
UNIVERSITY
OF SOUTHERN CALIFORNIA (APPLICANT): Consider application for a General
Lease – Other, of sovereign land located in the Pacific Ocean, Santa Catalina
Island, Los Angeles County; for an existing concrete pier with two floating
docks, rock mole, concrete marine ramp, helipad, 25 mooring buoys, and two
seawater intake lines. CEQA Consideration: categorical exemption. (Lease 3692;
RA# 2019300) (A 70; S 26) (Staff: D. Simpkin)
41
U.S.
DEPARTMENT OF THE NAVY (APPLICANT); CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION AND CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider rescission of previous Lease Authorization,
issuance of a new General Lease – Public Agency Use, and authorization to
negotiate and enter into an Agreement for the Transfer of Control and
Possession of State-Owned Real Property with the California Department of Parks
and Recreation, of land located along Silver Strand State Beach, near Coronado,
San Diego County; for use and maintenance of Silver Strand Training Complex
North. CEQA Consideration: categorical exemption. (Lease 6319; A2488; JTI 10;
RA# 2019253) (A 78; S 39) (Staff: D. Simpkin) Staff Report revised 06/28/2021.
42
WESTERN
LOS ANGELES COUNTY COUNCIL, INC., BOY SCOUTS OF AMERICA (LESSEE): Consider amendment to Lease Number PRC 6442, a General Lease
– Recreational Use, of sovereign land in Emerald Bay and Doctor’s Cove, Santa
Catalina Island, Los Angeles County; for the addition of an existing mooring,
removal of an existing mooring, and installation of a new mooring; replace
lease exhibits, and to amend the annual rent. CEQA Consideration: categorical
exemptions. (PRC 6442; RA#23418) (A 70; S 26) (Staff: D. Simpkin)
School Lands
43
AT&T
CORPORATION (APPLICANT): Consider application for a General
Lease – Right-of-Way Use, of State Indemnity school lands in portions of
Sections 4 and 10, Township 11 South, Range 10 East SBM, west of the Salton
Sea, Imperial County; for an existing buried fiber optic communication cable.
CEQA Consideration: categorical
exemption. (Lease 7428; A2390; RA# 2019171) (A 56; S 40) (Staff: R.
Collins)
44
CALIFORNIA
STATE LANDS COMMISSION, BARSTOW SPANISH TRAIL, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY (PARTIES): Consider amendment to the “Offer to
Purchase Real Estate in the County of San Bernardino and Acceptance of Offer to
Purchase” for approximately 63.3 gross acres of indemnity school lands in
Barstow, San Bernardino County; to extend the closing date. CEQA Consideration:
not a project. (SA 5772; RA# 24716) (A 33; S 16) (Staff: R. Collins, P. Huber)
45
SE
ATHOS I, LLC AND SE ATHOS II, LLC (LESSEE): Consider an agreement and consent to
encumbrance of Lease Number 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; for two overhead
transmission lines and up to three steel poles, up to 12 underground circuits,
one underground distribution circuit, up to 14 underground fiber-optic cables,
and an unpaved access road. CEQA Consideration: not a project. (PRC 9579; RA#
2019221) (A 56; S 28) (Staff: R. Collins)
Mineral Resources Management
46
CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER (APPLICANT): Consider application for a Non-Exclusive Geological
Survey Permit using rotary drilling on State sovereign land, Assessor’s Parcel
Numbers: 02622008 and 02624020 located on the dry lakebed of Owens Lake, Inyo
County. CEQA Consideration: categorical exemption. (A2987; RA# 2020341) (A 34;
S: 13) (Staff: C. Fox) Removed from agenda 06/24/2021.
47
IMPERIAL USA CORP. (APPLICANT): Consider application for a Non-Exclusive Geological
Survey Permit on 640 acres of State fee-owned school land, Assessor’s Parcel
Number 039-190-018, State Parcel Number 243-006, located within Section 36,
Township 13 South, Range 20 East, SBBM, south of Black Mountain, Imperial
County. CEQA Consideration: categorical exemption. (A2984; RA# 2020338) (A 56;
S: 40) (Staff: R. Lee) Removed from agenda 06/24/2021.
Marine Environmental Protection
·
See Regular Calendar
Administration
48
CALIFORNIA
STATE LANDS COMMISSION: Request
delegation of authority for the Executive Officer to solicit Statements of
Interest for consultant services, negotiate a fair and reasonable price, and
award and execute agreements for the preparation of environmental documentation
for the proposed San Francisco Bay and Delta Sand Mining Project in Central San
Francisco Bay and Suisun Bay/San Joaquin River, San Francisco, Contra Costa,
Sacramento, and Solano counties. CEQA Consideration: not a project. (Leases
709, 2036, 7779, 7780, and 7781; RA#s 2020291, 2020292, 2020293, 2020294,
2020295) (A 10, 11, 14, 17, 18, 19; S 2, 3, 9, 11) (Staff: C. Huitt)
Legal
·
No items
for this section
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 49-53
49
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)
50
CALIFORNIA
STATE LANDS COMMISSION: Consider supporting the West Coast
Ocean Protection Act by Senator Feinstein and the California Clean Coast Act by
Representative Carbajal, legislation that would permanently ban offshore
drilling on the Outer Continental Shelf off the coast of California, Oregon,
and Washington, and consider supporting the American Coasts and Oceans
Protection Act introduced by Representative Levine that would ban offshore oil
and gas drilling in Southern California. CEQA Consideration: not a project. (A
& S: Federal) (Staff: S. Pemberton)
51
CALIFORNIA
STATE LANDS COMMISSION: Consider supporting SB 796
(Bradford) that would authorize Los Angeles County to sell, transfer, or
encumber Bruce’s Beach, a portion of land within Manhattan State Beach, under
terms and conditions that the Board of Supervisors determines are in the best
interest of the County and the public. CEQA Consideration: not a project. (A
& S: Statewide) (Staff: S. Pemberton) Staff Report revised 06/28/2021.
52
CALIFORNIA
STATE LANDS COMMISSION: Consider proposing
amendments to the federal Vessel Incidental Discharge Act (33 U.S.C. 1322(p))
to improve states’ access to vessel discharge data and address impacts to the
Marine Invasive Species Control Fund. CEQA Consideration: not applicable. (W
9777.234) (A & S: Statewide and Federal) (Staff: S. Pemberton)
53
CALIFORNIA
STATE LANDS COMMISSION: Consider a resolution
supporting the recommendation of the Patsiata Tribal
Oversight Committee to the Patsiata Cultural
Resources Task Force regarding implementation of a vegetation enhancement pilot
project on the Sibi Patsiata-wae-tü Cultural Resource
Area on Owens Lake, located in Inyo County, and in support of an Order by the
Great Basin Unified Air Pollution Control District in furtherance of the
vegetation enhancement pilot project as a means to prevent and control dust
emissions. CEQA Consideration: not a project. (A 26; S 8) (Staff: J. Mattox)
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 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: 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
· In re: EHT US1, Inc. et al.
· 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.
· 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).