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 2:30 PM on Friday, October 8, 2021

REGULAR MEETING

Agenda

VOTING RECORD

October 21, 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/89727953138?pwd=ZVZoSVIzeXE2clRobitsZG0wZGx4Zz09

Password: 504855

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: 897 2795 3138

COMMISSIONERS PRESENT:

· ELENI KOUNALAKIS, Lieutenant Governor, Matt Dumlao, Chief of Staff and Alternate, participated for Items 32, 21, Closed Session, and adjournment of the meeting)

· 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 AUGUST 25, 2021 meeting were approved by a vote of 3-0 (kounalakis–Yes; YEE–yes; miller–YES)

CONSENT CALENDAR:

· CONSENT ITEMS 13, 23, AND 24 WERE REMOVED FROM CONSIDERATION

· CONSENT ITEM 21 WAS MOVED TO THE REGULAR CALENDAR

· CONSENT ITEMS 01-12, 14-20, 22, AND 25-28 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

· ITEM 29 WAS INFORMATIONAL – NO VOTE REQUIRED

REGULAR CALENDAR:

· item 30 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

· item 31 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; YEE–YES; MILLER–YES)

· item 32 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (DUMLAO–YES; YEE–YES; MILLER–YES)

· cONSENT ITEM 21 – PRESENTATION WAS MADE, ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (DUMLAO–YES; YEE–YES; MILLER–YES)

CLOSED SESSION:

• THE COMMISSION REJECTED THE SETTLEMENT OFFER BY THE CASA BLANCA BEACH ESTATE OWNERS’ ASSOCIATION.

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 SLC.HelpDesk@slc.ca.gov 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.

2. Providing Public Comment

a. Public comment for virtual State Lands Commission meetings can be provided in multiple ways.

i. Written Comments

1. You are welcome to submit written comments to the Commission via email. Please send your comment to cslc.commissionmeetings@slc.ca.gov. All written materials exhibited to the Commission during the meeting (presentations, maps, etc.) are part of the public record and are kept by the Commission.

2. In the subject line of your email, indicate the meeting date and the topic of your comment.

3. If you are writing in regard to an item on the Commission's agenda, please include the meeting date and item number in the email subject line. You can find the item number on the meeting agenda.

a. For example, if you are writing in reference to Item 6 on the Commission's October 21 meeting agenda, the subject line of your email would read: "SUBJECT: 10/21/2021: Item 6"

4. If you are writing with a general comment, please include the date of the Commission meeting and a brief title for your comment.

a. For example: "SUBJECT: 10/21/2021: Comment on Planning for Rising Sea Levels"

2. 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/89727953138?pwd=ZVZoSVIzeXE2clRobitsZG0wZGx4Zz09

Password: 504855

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: 897 2795 3138

2. Persons speaking at State Lands Commission meetings are accustomed to filling out a speaker card. To allow for a more orderly process of identifying speakers in advance, the Commission will use virtual speaker cards. The virtual speaker card will allow the Commission staff to identify commenters interested in a particular item, locate them within the Zoom Webinar attendee list, and unmute them so they can address the Commission at the appropriate time.

To request to speak on an item:

· By 12 noon on the day of the Commission Meeting.

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

o In the subject line, indicate: October 21, 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 August 25, 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 01-28

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 JESUS G. DOMINGUEZ AND ROSA LILIA N. DOMINGUEZ, TRUSTEES OF THE JESSIE AND LILLY DOMINGUEZ REVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 53750 South River Road, near Clarksburg, Yolo County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8425; A3229; RA# 2021037) (A 4; S 3) (Staff: S. Avila)

02 MARTHA REESE HUGHES, SUCCESSOR TRUSTEE OF THE THOMAS AND MARTHA HUGHES 2006 REVOCABLE TRUST (LESSEE/ASSIGNOR); JENNIFER HUGHES DOWLEY; HOWARD REESE HUGHES; AND MEREDITH HUGHES LYONS (APPLICANT/ASSIGNEE): Consider assignment of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3105 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: not a project. (PRC 7556; RA# 2021009) (A 1; S 1) (Staff: S. Avila)

03 SIERRA BOAT COMPANY, INC., A CALIFORNIA CORPORATION (ASSIGNOR); SIERRA BOAT PROPERTIES, A CALIFORNIA LIMITED LIABILITY COMPANY (ASSIGNEE); AND FIRST REPUBLIC BANK (SECURED-PARTY LENDER): Consider assignment of Lease, approval of a sublease endorsement, and agreement and consent to encumbrance of Lease Number PRC 5680, a General Lease – Commercial Use, of sovereign land located in Lake Tahoe, adjacent to 5146 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing commercial pier, breakwater, fueling facility, and 15 mooring buoys. CEQA Consideration: not projects. (PRC 5680; A3198; RA# 2021008) (A 1; S 1) (Staff: M.J. Columbus) Staff report revised 10/19/2021.

Bay / Delta Region

04 2101-2603 WILBUR, LLC, A MISSOURI LIMITED LIABILITY COMPANY (LESSEE); 2101-2603 WILBUR, LLC, A MISSOURI LIMITED LIABILITY COMPANY (APPLICANT/ SUBLESSOR); APS WEST COAST, INC., A CALIFORNIA CORPORATION, DBA AMPORTS (SUBLESSEE): Consider termination of Lease 1546, a General Lease – Industrial Use; an application for a General Lease – Industrial Use; and an endorsement of a sublease under Lease 1546, of sovereign land located in the San Joaquin River, adjacent to 2301 Wilbur Avenue, near Antioch, Contra Costa County; for the structural upgrade, operation, and maintenance of an existing non-operational industrial wharf and appurtenant facilities. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Antioch, State Clearinghouse No. 2021070030, and adoption of a Mitigation Monitoring Plan. (Lease 1546; A2869; RA# 2020325) (A 11; S 7) (Staff: G. Asimakopoulos)

05 CLIFF’S RIVER MARINA, INC. (ASSIGNOR); SELENA RAY AND BILLY RAY (ASSIGNEE): Consider assignment of Lease Number PRC 3264, a General Lease – Commercial Use, of sovereign land located in the Sacramento River, adjacent to 8651 River Road, near Freeport, Sacramento County; for an existing commercial marina. CEQA Consideration: not a project. (PRC 3264.1; A2277; RA# 2019076) (A 9; S 3) (Staff: D. Tutov)

06 GREGORY A. CRUZ AND GLADYS CRUZ, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE CRUZ FAMILY TRUST, DATED JUNE 29, 1984, AND ANY AMENDMENTS THERETO (LESSEE); ORLANDO TEIXEIRA AND MARIA F. TEIXEIRA (APPLICANT): Consider acceptance of a lease quitclaim deed and application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Georgiana Slough, adjacent to 17071 Terminous Road, near Isleton, Sacramento County; for an existing covered boat dock, appurtenant facilities, and bank protection previously authorized by the Commission and an existing waterline and electrical conduit not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8628; A3191; RA# 2021004) (A 11; S 3) (Staff: J. Toy)

07 JOSHUA EVANS AND NICOLE EVANS (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Three-Mile Slough, adjacent to 18164 Sherman Island East Levee Road, near Rio Vista, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8414; A3144; RA# 2020457) (A 11; S 3) (Staff: S. Avila)

08 JANELLE M. HOPPS, AS TRUSTEE OF THE VITZNAU TRUST UNDER TRUST INSTRUMENT DATED JANUARY 19, 1999 AS TO AN UNDIVIDED 50% INTEREST; AND RYAN A. BAILY, A SINGLE MAN, AS TO AN UNDIVIDED 50% INTEREST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 3505 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5720; A3149; RA# 2021007) (A 7; S 6) (Staff: J. Holt)

09 ROY W. KELLER AND NICOLE A. KELLER, TRUSTEES, THE KELLER FAMILY TRUST DATED DECEMBER 3, 2007 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 10545 Highway 160, near Hood, Sacramento County; for the removal of an existing boat dock and walkway and use and maintenance of one piling and one three-piling dolphin. CEQA Consideration: categorical exemption. (Lease 6610; A2979; RA# 2020349) (A 9; S 3) (Staff: D. Tutov)

10 KHA BRADFORD RANCH LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the False River, adjacent to 5700 Bradford Island Road, near Oakley, Contra Costa County; for an existing boat dock, appurtenant facilities, and wood breakwater. CEQA Consideration: categorical exemption. (Lease 5900; A3108; RA# 2020426) (A 11; S 7) (Staff: J. Holt)

11 JEREMIAH G. MURPHY AND MELODY MURPHY (LESSEE); SPENCER JACKSON AND KRISTIN MORRISON (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease Number PRC 8211, a General Lease – Recreational Use; and application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 113 Greenbrae Boardwalk, Greenbrae, Marin County; for an existing deck, boat dock, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8211; A2871; RA# 2020114) (A 10; S 2) (Staff: L. Anderson)

12 BRYAN A. NICK, TRUSTEE, OR HIS SUCCESSOR(S) IN TRUST, UNDER THE BRYAN A. NICK REVOCABLE LIVING TRUST, DATED SEPTEMBER 16, 2016 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 11851 Riverside Avenue, Courtland, Sacramento County; for an existing boat dock, gangway, and five pilings previously authorized by the Commission; and a watercraft float not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 2952; A2135; RA# 31718) (A 9; S 3) (Staff: K. Connor)

13 SIERRA HEALTH FOUNDATION (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 1321 Garden Highway, near Sacramento, Sacramento County; for existing bank protection. CEQA Consideration: categorical exemption. (Lease 7951, A2824; RA# 2020377) (A 7; S 6) (Staff: M.J. Columbus) Removed from agenda 10/19/2021.

14 KEVIN PAUL STEWARD AND LORI ANNE STEWARD, TRUSTEES OF THE STEWARD REVOCABLE TRUST DATED NOVEMBER 15, 2015 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located on the Sacramento River, adjacent to 14513 Isleton Road, near Walnut Grove, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8407; A3111; RA# 2020468) (A 11; S 3) (Staff: S. Avila)

15 UNITED STATES GEOLOGICAL SURVEY (APPLICANT): Consider amendment of Lease Number PRC 7650, a General Lease – Public Agency Use, of sovereign land in the Old River, Middle River, San Joaquin River, Holland Cut, False River, South Fork Mokelumne River, North Fork Mokelumne River, Little Potato Slough, Three Mile Slough, Sacramento River, Sutter Slough, Steamboat Slough, Georgiana Slough, Miner Slough, Cache Slough, and Suisun Bay, in Contra Costa, San Joaquin, Sacramento, Yolo, and Solano Counties; for the installation, use, and maintenance of pilings and monitoring stations, and removal of existing pilings. CEQA Consideration: categorical exemptions. (PRC 7650; RA# 2020465) (A 7, 9, 11; S 3, 5, 6) (Staff: D. Tutov)

16 JOHN H. WHITE, TRUSTEE OF THE JHW TRUST, DATED MAY 16, 2000 (ASSIGNOR); DONALD JAMES BJORK AND JEAN ANN BJORK, AS TRUSTEES OF THE BJORK 2006 TRUST DATED JULY 26, 2006 (ASSIGNEE): Consider assignment of Lease Number PRC 8026, a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 4435 Garden Highway, Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: not a project. (Lease 8026; A2779; RA# 2020381) (A 7; S 6) (Staff: M.J. Columbus)

17 PAMELA B. WITTPEN, TRUSTEE OF THE PAMELA B. WITTPEN FAMILY TRUST UNDER DECLARATION OF TRUST DATED AUGUST 9, 1995 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River at Garcia Bend, adjacent to 6882 Arabella Way, near Sacramento, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8744; A3094; RA# 2020419) (A 4; S 6) (Staff: S. Avila)

Central / Southern Region

18 CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider application for a Public Agency Permit and approval of a Right-of-Way Map of sovereign land located in Seal Beach, adjacent to Pacific Coast Highway and 1st Street, and approval of a Right-of-Way Easement on fee land, adjacent to 1700 Pacific Coast Highway, Huntington Beach, Orange County. CEQA Consideration: categorical exemption. (A3081; RA# 2020405) (A 72, 74; S 34, 37) (Staff: D. Simpkin)

19 CITY OF PORT HUENEME (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land in the Pacific Ocean, adjacent to Assessor’s Parcel Numbers 207-0-270-025 and 207-0-290-160, Port Hueneme, Ventura County; for an existing public recreational pier and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 4661; A3018; RA# 2020395) (A 19; S 44) (Staff: L. Pino)

20 MARTIN RESORTS, INC. (LESSEE): Consider amendment of Lease Number PRC 4698, a General Lease – Protective Structure Use, of sovereign land in the Pacific Ocean adjacent to 2411, 2555, 2575, and 2651 Price Street, Pismo Beach, San Luis Obispo County; to remove inapplicable provisions related to public access. CEQA Consideration: not a project. (PRC 4698; RA# 2021012) (A 35; S 17) (Staff: D. Simpkin)

21 ORANGE COUNTY FLOOD CONTROL DISTRICT (APPLICANT): Consider termination of Lease Number PRC 2171, a General Lease – Public Agency Use and application for a General Lease – Public Agency Use and Dredging, of sovereign land located in the Lower Santa Ana River, Orange County; for two riprap flood control jetties, one riprap dike, and maintenance dredging in the Lower Santa Ana River. CEQA Consideration: categorical exemption and Supplemental Environmental Impact Statement, prepared by the U.S. Army Corps of Engineers, and Addendum prepared by the Orange County Flood Control District. (Lease 9358; A3053; RA# 2020435) (A 74; S 37) (Staff: D. Simpkin)

· Public Comments

22 DOUGLAS WILLIAMS AND ANNE WILLIAMS, TRUSTEES OF THE WILLIAMS REVOCABLE LIVING TRUST, DATED MARCH 19, 2010 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16682 Coral Cay Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 5761; A3054; RA# 2020467) (A 72; S 34) (Staff: J. Holt)

School Lands

23 KERN RIVER GAS TRANSMISSION COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State-owned school land, located in a portion of Section 16, Township 17 North, Range 14 East, SBM, near Mountain Pass and in a portion of Section 36, Township 14 North, Range 6 East, SBM, west of Baker, San Bernardino County; for an existing gas pipeline. CEQA Consideration: categorical exemption. (Lease 7512; A2835; RA# 2020303) (A 33; S 16) (Staff: R. Collins) Removed from agenda 10/18/2021.

24 KERN RIVER GAS TRANSMISSION COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State-owned school land, located in a portion of Section 16, Township 17 North, Range 14 East, SBM, near Mountain Pass and in a portion of Section 36, Township 14 North, Range 6 East, SBM, west of Baker, San Bernardino County; for an existing gas pipeline. CEQA Consideration: categorical exemption. (Lease 8412; A2836; RA# 2020304) (A 33; S 16) (Staff: R. Collins) Removed from agenda 10/18/2021.

25 FRONTIER CALIFORNIA, INC. (APPLICANT): Consider rescission of previous lease authorization and application for a General Lease – Right-of-Way Use of State indemnity school land in a portion of Section 26, Township 9 North, Range 2 East, SBM, near Newberry Springs, San Bernardino County; for an existing underground fiber optic cable and a copper cable. CEQA Consideration: categorical exemption. (Lease 7522; A2137; RA# 31818) (A 33; S 16) (Staff: R. Collins)

Mineral Resources Management

26 STREAM ENERGY, INC. AND SUMMIT EXPLORATION (CALIFORNIA), LLC (LESSEE): Termination of a subsurface oil and gas lease No. 8395, covering 44.32 acres of State-owned sovereign land situated in the bed of Snodgrass Slough, near Walnut Grove, Sacramento County. CEQA Consideration: not a project. (Lease No. 8395) (A 15; S 5) (Staff: N. Heda)

Marine Environmental Protection

· No items for this section

Administration

· No items for this section

Legal

27 HALO RANCH, LLC AND THE CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider a compromise title settlement and land exchange agreement involving lands within and adjacent to historic sloughs of Petaluma River, city of Petaluma, Sonoma County. CEQA Consideration: statutory exemption. (W 27251) (A 10; S 3) (Staff: J. Garrett)

Kapiloff Land Bank Trust Acquisition/Expenditure

· No items for this section

External Affairs

Granted Lands

28 CITY OF EUREKA (TRUSTEE): Consideration of a lease, issued by the City of Eureka, to construct and operate a marine supply business, pursuant to Chapter 1086, Statutes of 1970, as amended by Chapter 1095, Statutes of 1978. CEQA Consideration: not a project. (G 04-02.10) (A 2, S 2) (Staff: M. Moser, R. Boggiano)

VI. Informational Calendar 29

29 CALIFORNIA STATE LANDS COMMISSION: Informational update about the 2021 state legislative session. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

VII. Regular Calendar 30-32

30 CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (LESSEE): Consider amendment of Lease 6414, a General Lease – Public Agency Use; and an endorsement of a sublease, of filled sovereign land located within the Candlestick Point State Recreation Area in San Francisco, City and County of San Francisco; to authorize the use of an existing paved parking lot in support of a proposed Safe Parking Area and Vehicle Triage Center. CEQA Consideration: statutory and categorical exemptions. (PRC 6414; A3220; RA# 2021027) (A 17; S 11) (Staff: A. Franzoia)

· Public Comments

31 CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider authorization for abandoned vessel removal and contracting activities in Sevenmile Slough, near Isleton, Sacramento County. CEQA Consideration: categorical exemptions. (W27250) (A 11; S 3) (Staff: V. Caldwell, K. Foster, A. Kershen) Staff Report revised 10/15/2021.

32 CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider delegation of authority for the Executive Officer to solicit Statements of Interest for consultant services, negotiate fair and reasonable prices, and award and execute agreements for the preparation of environmental documentation and mitigation monitoring for two proposed offshore wind energy projects in the Pacific Ocean, near Vandenberg Space Force Base, Santa Barbara County. CEQA Consideration: not a project. (A2181, A2222; RA# 2019024, 2019049) (A 35; S 19) (Staff: S. Meshkati, J. Mattox)

· Public Comments

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.

· City and County of San Francisco; India Basin Investment, LLC v. State of California; South San Francisco Dock Co.; et al.

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

· 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.

· White v. California State Lands Commission; California Public Works Board

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).