California State Lands Commission

Logo - California State Lands Commission. State of California.

Betty T. Yee, State Controller, Chair

Eleni Kounalakis, Lieutenant Governor, Member

Keely Bosler, Director of Department of Finance, Member

Original Agenda Posted 2:00 PM on Monday, February 14, 2022

REGULAR MEETING

Agenda

VOTING RECORD

February 25, 2022

1:00 PM

Pursuant to the Governor’s Executive Order N-01-22, which has extended certain suspensions of the Bagley-Keene Act enumerated in Assembly Bill No. 361 (2021 Rivas) and 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/85806851293?pwd=MlR1eWRNNklXUllYVGhsNXJCbHNxdz09.

Password: 926419

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: 858 0685 1293.

Instructions on how to join the Zoom meeting and provide public comment.

COMMISSIONERS PRESENT:

·         BETTY T. YEE, State Controller

·         ELENI KOUNALAKIS, Lieutenant Governor (Matt Dumlao, Chief of Staff and Alternate, participated for Items 48-53, Closed Session, and adjournment of the meeting)

·         GAYLE MILLER, Chief Deputy Director and Alternate for Director of the Department of Finance, Keely Bosler

VOTE:

·         The minutes of the DECEMBER 8, 2021 meeting were approved by a vote of 3-0 (YEE–yes; kounalakisYes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEMS 09 AND 47 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 01-31 AND 33-46 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES)

·         cONSENT ITEM 32 WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (YEE–YES; KOUNALAKIS–aBSTAINED; MILLER–YES)

INFORMATIONAL CALENDAR:

·         NO ITEMS FOR THIS SECTION

REGULAR CALENDAR:

·         item 48 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         item 49 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         item 50 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         ITEM 51 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         item 52 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (YEE–YES; DUMLAO–YES; MILLER–aBSTAINED)

·         item 53 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (YEE–YES; DUMLAO–YES; MILLER–ABSTAINED)

CLOSED SESSION:

   NOTHING TO REPORT


Meeting Procedures

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.

Submission of written materials

Written materials must be submitted to the Commission no later than three business days before the meeting. Please Note: You are discouraged from submitting written materials to the Commission on the day of the meeting unless they are visual aids as it is difficult for Commissioners to thoroughly consider late submittals. No facsimiles, texts, or emails will be accepted during the meeting. All non-procedural communications become part of the record.

Notification of meetings and agendas

If you would like to receive electronic notification of Commission meetings, please visit our website at www.slc.ca.gov and go to the home page or to the “Scheduled Meetings” link under “Meetings” to subscribe.

Agenda organization

The majority of items on the consent agenda are presented by the Commission’s Land Management Division and involve the state’s tide and submerged lands and beds of navigable waterways. These Land Management consent items are organized by regions (see Geographical breakdown). Consent items involving school lands that benefit the State Teachers’ Retirement System are next addressed, followed by items from the Commission’s other divisions.

Geographical breakdown by counties

NORTHERN REGION COUNTIES: Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Lake, Napa, Nevada, Placer, Shasta, Sierra, Siskiyou, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.

BAY / DELTA REGION COUNTIES: Alameda, Alpine, Amador, Calaveras, Contra Costa, Marin, Mono, Sacramento, San Francisco, San Mateo, Santa Clara, Santa Cruz, San Joaquin, Solano, Stanislaus, and Tuolumne.

CENTRAL / SOUTHERN REGION COUNTIES: Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa, Merced, Monterey, Orange, Riverside, San Bernardino, San Benito, San Diego, San Luis Obispo, Santa Barbara, Tulare, and Ventura.

Abbreviations and acronyms

·         A and S references are to Assembly and Senate districts.

·         CEQA - California Environmental Quality Act


Order of Business

I.            1:00 PM – Open Session

II.          Public Comment

Public comments will be heard at 1:00 pm for items not on the agenda, for no more than 30 minutes. At the discretion of the Chair, speakers will be given up to 3 minutes. For those unable to attend the early public comment period, there may be additional comment time available later in the day. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.

·         Public Comments

III.         Confirmation of Minutes for the December 8, 2021 meeting

IV.         Executive Officer’s Report

·         Public Comments

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

·         Pacific Gas and Electric Company (Lessee): Continuation of rent at $5,979 per year for a General Lease – Right of Way Use located on State school lands, San Bernardino County. (PRC 1531.2)

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        TIMOTHY MINTON ANDERSON AND MITZI JOAN MARVEL, TRUSTEES OF THE ANDERSON/MARVEL TRUST AGREEMENT DATED SEPTEMBER 25TH 2006 (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 323 Sierra Drive, near Rubicon Bay, El Dorado County; for two mooring buoys previously authorized by the Commission, and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5322; A2927; RA# 2020122) (A 5; S 1) (Staff: L. Anderson)

  02        DONALD E. BISCHOFF AND JUNE E. BISCHOFF, TRUSTEES OF THE DONALD E. BISCHOFF AND JUNE E. BISCHOFF REVOCABLE INTER VIVOS TRUST, UNDER TRUST INSTRUMENT DATED SEPTEMBER 30, 1982 AS AMENDED AND RESTATED MAY 24, 2010 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1510 North Lake Boulevard, Tahoe City, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8318; A3044; RA# 2020383) (A 1; S 1) (Staff: L. Anderson)

  03        WILLIAM E. BITTNER AND NANCY G. BITTNER, AS TRUSTORS AND TRUSTEES OF THE BITTNER FAMILY REVOCABLE TRUST OF 1990 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3675 Idlewild Way, near Homewood, Placer County; for an existing pier and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 3850; A3223; RA# 2021029) (A 1; S 1) (Staff: J. Holt)

  04        CITY OF PETALUMA (APPLICANT): Consider acceptance of a lease quitclaim deed and application of a General Lease – Public Agency Use, of sovereign land located in the Petaluma River, adjacent to Assessor’s Parcel Numbers 006-284-019, 006-284-037 thru 006-284-043, Petaluma, Sonoma County; for an existing retaining wall and roadway previously authorized by the Commission; and proposed construction of a pedestrian sidewalk. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Petaluma, State Clearinghouse Number 2017082027, and adoption of a Mitigation Monitoring Program. (Lease 8632; A2933; RA# 2020461) (A 10; S 3) (Staff: M.J. Columbus)

  05        MICHAEL M. GHILOTTI AND LISA GHILOTTI, TRUSTEES OF THE MICHAEL M. GHILOTTI AND LISA GHILOTTI 2006 TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7762 North Lake Boulevard, near Kings Beach, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8962; A3359; RA# 2021132) (A 1; S 1) (Staff: S. Avila)

  06        SAAR GUR AND PATAMA GUR, TRUSTEES OF THE GUR FAMILY TRUST UAD APRIL 10, 2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3360 Edgewater Drive, Tahoe City, Placer County; for two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8973; A2947; RA# 2020301) (A 1; S 1) (Staff: L. Anderson)

  07        CHARLOTTE J. HIMSL AKA CHARLOTTE HIMSL AKA CHARLOTTE L. HIMSL, SUCCESSOR TRUSTEE OF REYNOLD C. JOHNSON AND MABEL P. JOHNSON TRUST A U/T/A MAY 9, 1975, AS AMENDED (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5600 West Lake Boulevard, near Homewood, Placer County; for an existing pier, boathouse, and two mooring buoys previously authorized by the Commission and an existing boat lift not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8992; A3175; RA# 2021088) (A 1; S 1) (Staff: J. Holt)

  08        JENNIFER BETH IDEMA AND MATTHEW BLAINE IDEMA (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 208 Pine Street, Tahoma, Placer County; for a pier, boat lift, and two mooring buoys previously authorized by the Commission, and a marine rail not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 6368; A3219; RA# 2021021) (A 1; S 1) (Staff: L. Anderson)

  09        WAYNE D. JORDAN AND M. QUINN DELANEY, AS TRUSTEES, OR THE SUCCESSOR TRUSTEE OR TRUSTEES, U/A/D APRIL 29, 1996, AS AMENDED, CREATING THE JORDAN/DELANEY FAMILY TRUST (LESSEE): Consider amendment of Lease Number PRC 3598, a General Lease – Recreational Use, of sovereign land in Lake Tahoe, adjacent to 7127 West Lake Boulevard, near Tahoma, El Dorado County; for an existing pier, water intake line, and two mooring buoys; construction of a pier extension, relocation of an existing boat lift, installation of an adjustable catwalk, and removal of an existing catwalk. CEQA Consideration: categorical exemptions. (PRC 3598; RA# 2019275) (A 5; S 1) (Staff: A. Franzoia)
Removed from the Agenda 02/23/2022.

  10        MARTIN H. LOEFFLER AND EDWARD C. WETMORE, TRUSTEES OF THE SIDSEL S. LOEFFLER QUALIFIED PERSONAL RESIDENCE TRUST DATED NOVEMBER 6, 2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1490 North Lake Boulevard, near Tahoe City, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8469; A3177; RA# 2021098) (A 1; S 1) (Staff: J. Holt)

  11        LOS ESTEROS ASSOCIATES, LIMITED PARTNERSHIP AGREEMENT, KNOWN AS Los Esteros Associates, L.P. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5090 West Lake Boulevard, Homewood, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8250; A3208; RA# 2021013) (A 1; S 1) (Staff: J. Holt)

  12        JAMES MORRISON (LESSEE/APPLICANT): Consider acceptance of a lease quitclaim deed for Lease Number PRC 8380, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 160 Sierra Terrace Road, near Tahoe City, Placer County; for one existing mooring buoy; construction of a boat lift, and removal of one existing mooring buoy. CEQA Consideration: categorical exemptions. (Lease 8380; A2805; RA# 2020065) (A 1; S 1) (Staff: J. Toy)

  13        GARY ROBERT NAGLE AND VIRGINIA LAURAINE NAGLE, AS TRUSTEES OF THE NAGLE LIVING TRUST DATED OCTOBER 18, 1996 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1160 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8933; A3259; RA# 2021055) (A 1; S 1) (Staff: L. Anderson)

  14        PACIFIC GAS AND ELECTRIC COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Yuba River, adjacent to Assessor’s Parcel Number 010-320-003, near Marysville, Yuba County; for relocation, use, and maintenance of an existing overhead electric transmission line and a distribution line. CEQA Consideration: Supplemental Mitigated Negative Declaration, adopted by the Central Valley Flood Protection Board, State Clearinghouse Number 2010024001, and adoption of a Mitigation Monitoring Program. (A3143; RA# 2020460) (A 3; S 4) (Staff: M. Schroeder)

  15        NORMA MILDRED PARSON, CO-TRUSTEE UNDER REVOCABLE TRUST DATED AUGUST 21, 1986 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3560 West Lake Boulevard, near Tahoe City, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5631; A3203; RA# 2021024) (A 1; S 1) (Staff: S. Avila)

  16        IRENE PESTANA AND MICHAEL J. KELLY, JR., CO-TRUSTEES OF THE SURVIVOR’S TRUST ESTABLISHED UNDER THE PESTANA 1986 FAMILY TRUST U/D/T MAY 15, 1986, AS AMENDED (LESSEE/APPLICANT): Consider termination of Lease Number PRC 7107, a General Lease – Recreational Use; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5570, 5588, and 5590 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, two boathouses, two boat lifts, and two sundecks with stairs, previously authorized by the Commission; and two existing mooring buoys, not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7107; A3276; RA# 2020090) (A 1; S 1) (Staff: S. Avila)

  17        ALICE RUSSELL-SHAPIRO, AS TRUSTEE, OR THE SUCCESSOR TRUSTEE OR TRUSTEES, OF THE ALICE RUSSELL-SHAPIRO QUALIFIED PERSONAL RESIDENCE TRUST OF 1996, U/A/D MAY 13, 1996  (LESSEE); MADELEINE NINA RUSSELL-SHAPIRO AND WILLIAM HAAS RUSSELL-SHAPIRO (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 3695 Idlewild Way, near Tahoe City, Placer County; for an existing pier, boat lift, two mooring buoys, and freshwater intake pipeline. CEQA Consideration: categorical exemption. (Lease 4232; A3041; RA# 2020422) (A 1; S 1) (Staff: L. Anderson)

  18        DOUGLAS M. SHERMAN AND JANET B. SHERMAN, TRUSTEES OF THE SHERMAN FAMILY TRUST OF 1995 U.D.T. DATED MARCH 1, 1995; AND TEN MILE CAST LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7153 and 7155 State Highway 89, near Tahoma, El Dorado County; for the removal and reconstruction of an existing pier with an extension; placement, use, and maintenance of one mooring buoy; continued use and maintenance of one existing mooring buoy; and removal of a marine railway. CEQA Consideration: categorical exemptions. (Lease 4264; A2804; RA# 2020064) (A 5; S 1) (Staff: J. Toy)

  19        SIERRA BOAT COMPANY, INC., A CALIFORNIA CORPORATION (LESSEE/ASSIGNOR/SUBLESSEE) SIERRA BOAT PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (ASSIGNEE/SUBLESSOR); AND FIRST REPUBLIC BANK (SECURED-PARTY LENDER): Consider rescission of prior Commission action, and new authorization for 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. (Lease 5680; A3198; RA# 2021008) (A 1; S 1) (Staff: M.J. Columbus)
Staff report revised 02/16/2022.

  20        TEAM JEM 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 4250 West Lake Boulevard, near Homewood, Placer County; for an existing pier previously authorized by the Commission; and an existing freshwater intake pipeline and mooring buoy, not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5610; A3406; RA# 2021152) (A 1; S 1) (Staff: S. Avila)

  21        JAMES R. TREMBATH AND JOANNE OLVERA TREMBATH; MARY M. CRAVALHO, TRUSTEE OF THE MARY M. CRAVALHO SURVIVOR'S TRUST UNDER THE CRAVALHO FAMILY LIVING TRUST, DATED AUGUST 5, 1993; WILLIAM B. SEITH AND MARY S. SEITH; MONTE LEE OSBORN AND MARY KAY OSBORN, TRUSTEES OF THE 1993 OSBORN FAMILY TRUST DATED 7/22/93; MONTE L. OSBORN AND MARY KAY OSBORN, TRUSTEE(S), OR SUCCESSOR TRUSTEE(S) OF THE 1993 OSBORN FAMILY TRUST, AS AMENDED AND RESTATED 8/23/2007; WILLIAM M. PETERSON, OR HIS SUCCESSORS, AS TRUSTEE OF THE WILLIAM M. PETERSON QUALIFIED PERSONAL RESIDENCE TRUST, UNDER DECLARATION DATED SEPTEMBER 10, 2009; AND NANCY E. PETERSON, OR HER SUCCESSORS, AS TRUSTEE OF THE NANCY E. PETERSON QUALIFIED PERSONAL RESIDENCE TRUST, UNDER DECLARATION DATED SEPTEMBER 10, 2009 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5768 and 5784 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing joint-use pier and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 5784; A3107; RA# 2020423) (A 1; S 1) (Staff: S. Avila)

Bay / Delta Region

  22        JEAN A. BAKER AND MARCIEL M. BAKER, AS TRUSTEES OF THE 2002 JEAN A. BAKER AND MARCIEL M. BAKER REVOCABLE TRUST, DATED DECEMBER 3, 2002 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 6521 Garden Highway, near Sacramento, Sacramento County; for a boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5842; A3239; RA# 2021043) (A 7; S 6) (Staff: L. Anderson)

  23        LAWRENCE JAMES BASS AND CAROLYN ANN BASS, TRUSTEES OF THE 1985 BASS TRUST DATED APRIL 18, 1985 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the American River, adjacent to 1622 McClaren Drive, Carmichael, Sacramento County; for reconstruction of existing bank protection; and use and maintenance of an existing boat launch ramp not previously authorized by the Commission. CEQA Consideration: categorical exemptions. (A3129; RA# 2020458) (A 7; S 6) (Staff: S. Avila)

  24        PHILIP C. BEROLZHEIMER AND ANNE C. BEROLZHEIMER, CO-TRUSTEES OF THE PHILIP C. BEROLZHEIMER AND ANNE C. BEROLZHEIMER REVOCABLE FAMILY TRUST DATED SEPTEMBER 18, 2007 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the San Joaquin River at Atherton Cove, adjacent to 3548 Country Club Boulevard, near Stockton, San Joaquin County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 8995; A3101; RA# 2020450) (A 13; S 5) (Staff: M.J. Columbus)

  25        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of the 2022 Category 1 San Francisco Bay Area Benchmark rental rate for sovereign land in various waterways in Napa, Solano, Contra Costa, Santa Clara, San Mateo, San Francisco, Marin, and Sonoma Counties. CEQA Consideration: not a project. (W27253) (A 4, 10, 14, 15, 17, 18, 19, 20, 22, 24, 25; S 2, 3, 7, 9, 10, 11, 13) (Staff: K. Foster)

  26        RONALD CHAMBERS JR. AND CYNTHIA CHAMBERS (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 previously authorized by the Commission and a boat lift and two personal watercraft ramps not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8936; A3344; RA# 2021118) (A 7; S 6) (Staff: J. Toy)

  27        CITY OF LODI (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located along the south bank of the Mokelumne River within Lodi Lake Park, adjacent to Assessor’s Parcel Number 039-100-210, near Lodi, San Joaquin County; for the Lodi Lake Shoreline Restoration Project. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Lodi, State Clearinghouse Number 2020049060, and adoption of a Mitigation Monitoring Program. (A2649; RA# 2019323) (A 9; S 5) (Staff: G. Asimakopoulos)

  28        CITY OF NOVATO (LESSEE):  Consider revision of rent to Lease Number PRC 7220, a General Lease - Public Agency Use, of sovereign land in Novato Creek, Novato, Marin County; for a bridge, utilities, and drainage facilities. CEQA Consideration: not a project. (PRC 7220) (A 10; S 2) (Staff: V. Caldwell)

  29        CITY OF SAN LEANDRO (APPLICANT): Consider an application for a General Lease – Public Agency Use, of sovereign land located adjacent to the San Francisco Bay, near San Leandro, Alameda County; for restored marshlands habitat, appurtenant facilities, and a pedestrian and emergency vehicle access bridge as a section of the San Francisco Bay Trail previously authorized by the Commission; and a pedestrian bridge not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7297, 7744; RA# 22618) (A 18; S 9) (Staff: M. Schroeder)

  30        BRUCE C. CLINE AND JULIE D. CLINE, CO-TRUSTEES OF THE CLINE FAMILY TRUST DATED APRIL 11, 2012 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 17360 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 4765; A3392; RA# 2021140) (A 11; S 3) (Staff: J. Toy)

  31        EW-PG AIRPORT OWNER, LLC (LESSEE); PENINSULA OWNER LLC (APPLICANT): Consider termination of Lease Number PRC 6127 and application for a General Lease – Commercial Use, of filled tidelands of San Francisco Bay, adjacent to the Sanchez Channel and Burlingame Lagoon, Burlingame, San Mateo County; for an existing landscaped segment of the San Francisco Bay Trail and commercial parking. CEQA Consideration: categorical exemption. (Lease 6127; A2659; RA# 2019333) (A 22; S 13) (Staff: A. Franzoia)

  32        MARCINE FRIEDMAN AND MARK FRIEDMAN, CO-TRUSTEES OF THE MARCINE FRIEDMAN SURVIVOR’S TRUST ESTABLISHED UNDER THE MORTON L. FRIEDMAN AND MARCINE FRIEDMAN FAMILY TRUST (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the American River, adjacent to 1620 McClaren Drive, Carmichael, Sacramento County; for reconstruction of existing bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2957; RA# 2020330) (A 7; S 6) (Staff: S. Avila)

  33        HANSON MARINE OPERATIONS, INC. (LESSEE); MARTIN MARIETTA MATERIALS, INC. AND HANSON MARINE OPERATIONS, LLC (APPLICANT); HANSON MARINE OPERATIONS, INC. (ASSIGNOR); HANSON MARINE OPERATIONS, LLC (ASSIGNEE): Consent to Transfer of Parent Corporation of Lessee and assignment of four General Leases – Mineral Extraction, of sovereign land in central San Francisco Bay, Marin and San Francisco Counties; for commercial sand and gravel extraction. CEQA Consideration: not a project. (PRC 709, PRC 2036, PRC 7779, and PRC 7780) (RA# 2021147) (A 10, 17; 19 S 2, 11) (Staff: A. Franzoia)

  34        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)

  35        TUOLUMNE RIVER CONSERVANCY, INC., A CALIFORNIA CORPORATION (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in the Tuolumne River, adjacent to Assessor’s Parcel Numbers 008-021-011, -025, -026, near Waterford, Stanislaus County; for restoration and rehabilitation of the bed of the Tuolumne River channel and floodplain to improve the wildlife and aquatic habitat. CEQA Consideration: Mitigated Negative Declaration, adopted by the California Central Valley Regional Water Quality Control Board, State Clearinghouse Number 2020110089, and adoption of a Mitigation Monitoring Program. (Lease 8609, A2663; RA# 2019341) (A 12; S 8) (Staff: J. Holt)

  36        SELSO VARGAS, JR., AS TRUSTEE OF THE SELSO VARGAS, JR. REVOCABLE TRUST DATED MAY 21, 2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 905 Piedmont Drive, Sacramento, Sacramento County; for an existing covered boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 4638, A2922; RA# 2020120) (A 9; S 6) (Staff: M.J. Columbus)

Central / Southern Region

  37        CITY OF AVALON (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, near Avalon, Santa Catalina Island, Los Angeles County; for an existing outfall pipeline and ballast rock. CEQA Consideration: categorical exemption. (Lease 4695; A2770; RA# 2021064) (A 70; S 26) (Staff: D. Simpkin)

  38        CITY OF SANTA BARBARA (LESSEE): Consider amendment of Lease Number PRC 4942, a General Lease – Public Agency Use, of sovereign land, in the Pacific Ocean, east of Stearns Wharf and the Santa Barbara Harbor, Santa Barbara, Santa Barbara County; to authorize ongoing monitoring and maintenance of one non-operational wastewater outfall pipeline, amend Section 2, Special Provisions, and replace lease exhibits. CEQA Consideration: categorical exemption. (PRC 4942; RA# 2021067) (A 37; S 19) (Staff: D. Simpkin)

  39        CITY OF SEAL BEACH (LESSEE): Consider amendment and revision of rent of Lease Number PRC 3792, a General Lease – Public Agency Use, of sovereign land in the Pacific Ocean, Seal Beach, Orange County; for a patio extension and endorsement of sublease. CEQA Consideration: categorical exemptions. (PRC 3792.1; RA# 2021110) (A 72; S 34) (Staff: D. Simpkin)

  40        OLIVER E. CLARK III AND JEAN A. CLARK, TRUSTEES OF THE OLIVER E. CLARK III AND JEAN A. CLARK FAMILY TRUST DATED OCTOBER 12, 1983 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16601 Carousel Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, glass railing, brick pillars, rock slope protection and sheet pile. CEQA Consideration: categorical exemption. (Lease 3579; A3400; RA# 2021144) (A 72; S 34) (Staff: J. Holt)

  41        RONNIE RIDENOUR AND GEORGIA H. FROUSIAKIS, AS TRUSTEES OF THE RIDENOUR- FROUSIAKIS FAMILY TRUST, DATED MARCH 25, 2015 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River adjacent to 1146 Beach Drive, Needles, San Bernardino County; for an existing aluminum stairway, platform, gangway, boat dock, and riprap bankline protection. CEQA Consideration: categorical exemption. (Lease 8967; RA# 2021153) (A 33; S 16) (Staff: L. Pino)

School Lands

  42        59TC 8ME, LLC, A DELAWARE LIMITED LIABILITY COMPANY; 50LW 8ME, LLC, A DELAWARE LIMITED LIABILITY COMPANY; 26SB 8ME, LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND 51LV 8ME, LLC, A DELAWARE LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use of State indemnity school land located in a portion of Section 18, Township 11 North, Range 12 West, SBM, west of Mojave, Kern County; for an overhead electrical transmission line, appurtenant facilities, and a communication line. CEQA Consideration: Final Environmental Impact Report, adopted by Kern County, State Clearinghouse Number 2021010168, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (A3242; RA# 2021050) (A 36; S 16) (Staff: R. Collins)

  43        BSTCO, A CALIFORNIA GENERAL PARTNERSHIP (APPLICANT): Consider application for a General Lease – Agricultural Use, of State indemnity school land located in Section 13, Township 10 South, Range 3 West, SBM, north of Escondido, San Diego County; for an existing avocado orchard and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5265; A3091; RA# 2020442) (A 75; S 38) (Staff: R. Collins)

  44        SAN DIEGO GAS AND ELECTRIC COMPANY (LESSEE): Consider revision of rent to Lease Number PRC 6405, a General Lease – Right of Way Use, of State indemnity school land located in a portion of Lots 7 and 18 of Tract 58, Township 16 South, Range 9 East, SBM, near Ocotillo, Imperial County; for an overhead electrical transmission line. CEQA Consideration: not a project. (PRC 6405) (A 56; S 40) (Staff: V. Caldwell)

  45        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rent to Lease Number PRC 3463, a General Lease – Right of Way Use, of State-owned school land located within portions of Section 36, Township 23 North, Range 6 East, SBM; Section 36, Township 22.5 North, Range 6 East, SBM; Section 16, Township 25 North, Range 5 East, SBM; Section 36,Township 25 North, Range 5 East, SBM; Section 16, Township 22 North, Range 7 East, SBM; and Section 36, Township 26 North, Range 3 East, SBM, near Death Valley Junction, Inyo County; for an overhead electrical transmission line. CEQA Consideration: not a project. (PRC 3463) (A 26; S 8) (Staff: V. Caldwell)

Mineral Resources Management

·         See Regular Calendar

Marine Environmental Protection

·         No items for this section

Administration

·         No items for this section

Legal

  46        U.S. DEPARTMENT OF VETERANS AFFAIRS (PARTY): Consider Cession of Concurrent Criminal Legislative Jurisdiction pursuant to California Government Code section 126 over lands at the Veterans Affairs Loma Linda Healthcare System, San Bernardino County. CEQA Consideration: not a project. (FJ 0136.12; RA# 2021192) (A 40; S 23) (Staff: P. Huber)

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No Items for this section

External Affairs

Granted Lands

  47        CALIFORNIA STATE LANDS COMMISSION AND AMAZON.COM SERVICES LLC (PARTIES): Consider a Title Settlement and Exchange Agreement between the State of California, acting by and through the California State Lands Commission, in its regular capacity and as Trustee of the Kapiloff Land Bank Fund, and Amazon.com Services LLC, regarding certain interests in lands in the City and County of San Francisco. CEQA Consideration: statutory exemptions. (AD 688; G 11-01) (A 17; S 11) (Staff: R. Boggiano, A. Kershen)
Removed from the Agenda 02/22/2022.

VI.       Informational Calendar

·         No items for this section

VII.     Regular Calendar 48-53

  48        CALIFORNIA STATE LANDS COMMISSION (PARTY): Authorize a temporary moratorium on consideration of mineral prospecting permits and lease applications on 480 acres of reserved mineral interest school land (State Parcel Number 049-514; Accessor’s Parcel Number 009-140-007, Section 16 (Township 5 North, Range 25 East), Mountain Diablo Baseline and Meridian, about 15 miles northeast of the town of Bridgeport and 5 miles north of Bodie State Historic Park, Mono County, where the surface estate is privately owned but the mineral estate is owned by the State; authorize staff to conduct a needs assessment of the parcel; and consider a resolution supporting a map amendment to the National Register of Historic Places that would add the parcel to the existing archaeological district established in 2002. CEQA Consideration: not a project. (A 5; S 8) (Staff: J. Mattox, S. Meshkati)

  49        CALIFORNIA STATE LANDS COMMISSION (PARTY): Request 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 an environmental document and for studies necessary to implement an Abandoned and Derelict Vessel Removal Program for commercial vessels in the Sacramento-San Joaquin Delta, Contra Costa, Sacramento, San Joaquin, Solano, and Yolo counties. CEQA Consideration: categorical exemption. (W27250) (A 4, 7, 9, 11, 12, 13, 14; S 3, 5, 6, 7) (Staff: V. Caldwell, K. Foster, A. Kershen)

  50        CALIFORNIA STATE LANDS COMMISSION (PARTY): Request delegation of authority for the Executive Officer to solicit Statements of Interest and negotiate a fair and reasonable price, and award and execute agreements for professional real estate broker services, to assist with real estate property acquisitions utilizing the School Land Bank Fund. CEQA Consideration: not a project. (W26086) (A & S: Statewide) (Staff: R. Collins, K. Foster)
Staff report revised 02/22/2022.

  51        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)

·         Public Comments

  52        CALIFORNIA STATE LANDS COMMISSION: Consider supporting legislation in the 2021-2022 legislative session that would require the State Lands Commission to develop a cost study that measures the fiscal impact of a voluntary buy-out of the remaining lease interests in actively producing state offshore oil and gas leases in state waters. CEQA Consideration: not a project (A & S: Statewide) (Staff: S. Pemberton)

·         Public Comments

  53        CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 353 (O’Donnell) that would remove the $300 million cap in the Oil Trust Fund, resuming deposits from the state’s share of Long Beach oil operation net profits until the Fund reaches a balance that will cover the state’s abandonment liabilities. CEQA Consideration: not a project. (A & S: Statewide) (Staff: S. Pemberton)

VIII.   Public Comment

IX.       Commissioners’ Comments

X.         Closed Session

At any time during the meeting the Commission may meet in a session of Government Code section 11126, part of the Bagley-Keene Open Meeting Act.

A. Litigation

The Commission may consider pending and possible litigation pursuant to the confidentiality of attorney-client communications and privileges provided under Government Code section 11126, subdivision (e).

1.    The Commission may consider pending and possible matters that fall under Government Code section 11126, subdivision (e)(2)(A), concerning adjudicatory proceedings before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the Commission is a party. Such matters currently include the following:

·         California 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).