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 4:40 PM on Wednesday, April 13, 2022

April 26-27, 2022

April 26, 2022

Field Trip to the Piers 421 Decommissioning Project Site

11:00 a.m.

The State Lands Commission will visit the Piers 421 Decommissioning Project site located below the bluffs marking the southwestern limit of the Sandpiper Golf Course, in the city of Goleta, between approximately 11-11:15 a.m. on April 26. The field trip will end in time for the Commission to convene its 1:00 p.m. meeting. The public is invited to attend in their own private vehicles. Please note that carpooling and ride sharing is strongly encouraged as parking is very limited. Additionally, the terrain is uneven and proper attire, including sturdy, closed-toe footwear, should be worn. Because the Piers 421 area is an active work site, all members of the public who wish to attend will need to sign a liability waiver. If you wish to attend, please contact the Commission’s Executive Office at cslc.commissionmeetings@slc.ca.gov or at 916.574.1900 to obtain a copy of the liability waiver. Additional details for the field trip will be available on April 25, 2022.

REGULAR MEETING

Agenda


VOTING RECORD

April 26, 2022

City of Goleta

Council Chambers

130 Cremona Drive

Goleta, California 93117

1:00 p.m.

Live webcast available at www.cal-span.org

This State Lands Commission meeting will be conducted in a hybrid format, with public participation possible both virtually through the Zoom platform and in person. The Commission encourages continued participation virtually through the Zoom platform due to changing COVID-19 conditions. In the event that the virtual platform encounters significant technical difficulties, the Commission will take a short recess to assess and address the challenges and will post an update to its website and email listserv. If the technical difficulty cannot be addressed in a timely fashion, the Commission will proceed with its meeting and provide an update through its website and email listserv.

Join the meeting over the web from your PC, tablet, or smart phone using the following Zoom link: https://us02web.zoom.us/j/83550272376?pwd=ZU5FbVRjR0twMmxOdzhXRFJNM1lEQT09.

Password: 389979

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: 835 5027 2376.

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

COMMISSIONERS PRESENT:

·         BETTY T. YEE, State Controller

·         MATT DUMLAO, Chief of Staff and Alternate for Lt. Governor Eleni Kounalakis 

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

VOTE:

·         The minutes of the FEBRUARY 25, 2022 meeting were approved by a vote of 3-0 (YEE–yes; dumlaoYes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEMS 32, 37, AND 42 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 26, 44, AND 56 WERE MOVED TO THE REGULAR CALENDAR

·         cONSENT ITEM 01-25, 27-31, 33-36, 38-41, 43, 45-55, AND 57 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 58 WAS INFORMATIONAL- NO VOTE REQUIRED

REGULAR CALENDAR:

(Items appear in order heard)

·         item 59 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         item 60 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         item 61 – PRESENTATION WAS MADE. ITEM WAS informational – no vote required

·         consent ITEM 26 – PRESENTATION WAS MADE. item was approved as presented by a vote of 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         consent item 44 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–YES)

·         CONSENT item 56 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; DUMLAO–YES; MILLER–yes)

·         Item 62 – presentation was made. item was informational – no vote required

·         item 63 – presentation was made. item was approved as presented by a vote of 2-0 (YEE–YES; DUMLAO–YES; MILLER–aBSTAINED)

·         Item 64 – presentation was made. item was approved as presented by a vote of 2-0 (YEE–YES; DUMLAO–YES; MILLER–aBSTAINED)

·         item 65 – presentation was made. item was informational – no vote required

CLOSED SESSION:

   THERE WAS NO CLOSED SESSION FOR THIS MEETING

 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 February 25, 2022 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:

·         Shasta County Department of Public Works (Lessee): Continuation of rent at $523 per year for a General Lease – Public Agency Use located on state sovereign lands, Shasta County. (PRC 505)

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 01-57

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        LUIS ROBERT UBILLUS ADELMAN (LESSEE): Consider amendment of Lease Number PRC 8644, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1590 North Lake Boulevard, near Tahoe City, Placer County; for removal and construction of a pier and catwalk; installation of a boat lift; and removal of one existing mooring buoy. CEQA Consideration: categorical exemptions. (PRC 8644; A3271; RA# 2021065) (A 1; S 1) (Staff: J. Holt)

  02        LAWRENCE H. BLACK, TRUSTEE OF THE LAWRENCE H. BLACK 2012 QUALIFIED PERSONAL RESIDENCE TRUST DATED DECEMBER 17, 2012; AARON SASSON AND BARBRO SASSON, TRUSTEES OF THE AARON AND BARBRO SASSON TRUST, UTD DATED SEPTEMBER 24, 1998 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6780 and 6784 North Lake Boulevard in Tahoe Vista, Placer County; for two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8158; A3251; RA# 2021096) (A 1; S 1) (Staff: L. Anderson)

  03        JAMES C. BLAKEMORE AND GRACE E. HACKMEIER (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 3790 North Lake Boulevard, near Carnelian Bay, Placer County; for removal and reconstruction of an existing pier and boat lift; and use and maintenance of two existing mooring buoys. CEQA Consideration: categorical exemptions. (Lease 5751; A2961; RA# 2021002) (A 1; S 1) (Staff: S. Avila)

  04        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider authorizing staff to file a Record of Survey depicting the meanders of the high water mark and edge of water on the right bank of the Russian River on certain dates in November and December of 2021 and February of 2022 at a site commonly known as Johnson Beach, in Guerneville, Sonoma County. CEQA Consideration: not a project. (I2069) (A 2; S 2) (Staff: D. Frink; N. Lee)

  05        CFT CHALLENGE, LLC, A NEVADA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4250 North Lake Boulevard, near Carnelian Bay, Placer County; for removal and reconstruction of an existing pier and boat lift. CEQA Consideration: categorical exemptions. (Lease 5101; A3348; RA# 2021125) (A 1; S 1) (Staff: S. Avila)

  06        CLEAN UP THE CAYES 501(C)3 (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in Lake Tahoe, El Dorado and Placer Counties; Donner Lake and Independence Lake, Nevada County; June Lake, and Twin Lakes, Mono County; Echo Lake and Fallen Leaf Lake, El Dorado County; and Gold Lake, Plumas County; for SCUBA enabled litter removal, data collection, and monitoring to improve lake health, and to promote mitigation of litter accumulation and public enjoyment. CEQA Consideration: categorical exemptions. (A2492; RA# 2019213) (A 1, 5; S 1, 8) (Staff: J. Toy)

  07        DONNER PINES WEST HOMEOWNERS ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Donner Lake, adjacent to 15825 Donner Pass Road, near Truckee, Nevada County; for a portion of an existing boat dock. CEQA Consideration: categorical exemption. (Lease 7901; A3211; RA# 2021049) (A 1; S 1) (Staff: S. Avila)

  08        BRUCE T. EISENHARD AND NANCY EISENHARD, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE EISENHARD LIVING TRUST, DATED SEPTEMBER 11, 2007 AND ANY AMENDMENTS THERETO (LESSEE); TAHOE VISTA BEACH HOUSE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider termination of Lease Number PRC 8680, a General Lease – Recreational Use: and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6790 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8680; A3422; RA# 2021161) (A 1; S 1) (Staff: S. Avila)

  09        ROBERT J. ERNST III AND KATHERINE R. ERNST, AS TRUSTEES OF THE ROBERT AND KATHERINE ERNST TRUST, DATED MARCH 27, 2017 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3310 Edgewater Drive, Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8977; A3174; RA# 2020484) (A 1; S 1) (Staff: L. Anderson)

  10        JOSHUA R. FLOUM AND MARGARET R. O’DONNELL, CO-TRUSTEES OF THE FLOUM/O’DONNELL REVOCABLE TRUST U/A/D 12/10/2013 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3328 Edgewater Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8401; A3082; RA# 2020471) (A 1; S 1) (Staff: L. Anderson)

  11        WELLINGTON S. HENDERSON, JR., AS TO A LIFE ESTATE; AND WELLINGTON S. HENDERSON, JR., AND RICHARD L. GREENE AS TRUSTEES OF THE HARRIET WALKER HENDERSON IRREVOCABLE TRUST U/T/A DATED AUGUST 14, 1973 (LESSEE); CHARLES C. HENDERSON, MELINDA HENDERSON, ROBERT WALLACE, BRIAN KEATING, AND MARK W. HENDERSON, AS TRUSTEES OF THE FIVE SEPARATE TRUSTS ESTABLISHED UNDER THE HARRIET WALKER HENDERSON IRREVOCABLE TRUST DATED AUGUST 14, 1973 FBO CHARLES C. HENDERSON, JAMES A. HENDERSON, JOAN H. HENDERSON, ELENA D. HENDERSON, AND MARK W. HENDERSON (APPLICANT): Consider rescission of prior lease authorization, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8901 Rubicon Drive, near Meeks Bay, El Dorado County; for an existing pier, boathouse, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4471; A2524; RA# 2019239) (A 5; S 1) (Staff: Logan Anderson)

  12        HERBERT H. HOOPER, D.D.S., SURVIVING TRUSTEE OF THE 2007 HOOPER FAMILY REVOCABLE TRUST (APPLICANT): Consider application for a General Lease –Recreational Use, of sovereign land in Lake Tahoe, adjacent to 6073 North Lake Boulevard, near Tahoe Vista, Placer County; for an existing pier, boathouse with boat hoist, sundeck with stairs, and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 4056; A2405; RA# 2019168) (A 1; S 1) (Staff: A. Franzoia)

  13        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; and 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)

  14        MACBRIDE TAHOE MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3785 Belleview Avenue, near Homewood, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3222; A3013; RA# 2020404) (A 1; S 1) (Staff: L. Anderson)

  15        ROBERT D. MAY AND JUDITH T. MAY, TRUSTEES OF THE MAY FAMILY TRUST AS AMENDED AND UPDATED IN 2013 (LESSEE): Consider amendment of Lease Number PRC 8983, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8441 Meeks Bay Avenue, near Rubicon Bay, El Dorado County; for installation of a boat lift; and removal of one existing mooring buoy. CEQA Consideration: categorical exemptions. (PRC 8983; A3356; RA# 2021130) (A 5; S 1) (Staff: J. Holt)

  16        R. DANIEL PUTMAN AND KATHLEEN L. WILLIAMS, CO-TRUSTEES OF THE PUTMAN-WILLIAMS LIVING TRUST DATED APRIL 30, 2015 (LESSEE); ROBERT A. BUCCOLA (APPLICANT): Consider waiver of penalty and interest; void Invoice Number 54181; termination of Lease Number PRC 4145, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8307 Meeks Bay Avenue, Meeks Bay, El Dorado County; for an existing pier, boat lift, and two mooring buoys previously authorized by the Commission and an existing water intake pipeline not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 4145; A3310; RA# 2021122) (A 5; S 1) (Staff: J. Holt)

  17        NORMAN W. SCHLINGER, TRUSTEE OF THE NORMAN WARREN SCHLINGER LIVING TRUST, DATED APRIL 17, 1995 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5298 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse with boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 4878; A3494; RA#2021211) (A 1; S 1) (Staff: S. Avila)

  18        LEE J. SCHWEICHLER, TRUSTEE OF THE ANN W. SCHWEICHLER QUALIFIED PERSONAL RESIDENCE TRUST, DATED SEPTEMBER 10, 2009; ANN W. SCHWEICHLER, TRUSTEE OF THE LEE J. SCHWEICHLER QUALIFIED PERSONAL RESIDENCE TRUST, DATED SEPTEMBER 10, 2009; AND SIENNA PARTNERS, LLC (LESSEE); LEE J. SCHWEICHLER, TRUSTEE OF THE ANN W. SCHWEICHLER QUALIFIED PERSONAL RESIDENCE TRUST, DATED SEPTEMBER 10, 2009; ANN W. SCHWEICHLER, TRUSTEE OF THE LEE J. SCHWEICHLER QUALIFIED PERSONAL RESIDENCE TRUST, DATED SEPTEMBER 10, 2009; AND HEIDI K. DELGADO (APPLICANT): Consider amendment to Lease Number PRC 6819, a General Lease – Recreational Use, of sovereign land, located in Lake Tahoe, adjacent to 8375 and 8381 Meeks Bay Avenue, near Meeks Bay, El Dorado County; to remove Sienna Partners, LLC and replace with Heidi K. Delgado as Lessee, revise the rent, and replace the lease exhibits. CEQA Consideration: not a project. (Lease 6819; A3305; RA# 2021093) (A 5; S 1) (Staff: S. Avila)

  19        TAHOE SIERRA ESTATES ASSOCIATION (APPLICANT): Consider waiver of rent, penalty, and interest; acceptance of a lease quitclaim deed; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 624 Olympic Drive, Tahoe City, Placer County; for an existing pier previously authorized by the Commission; 43 existing mooring buoys and four navigational marker buoys; and removal of two existing navigational marker buoys and one freshwater intake pipeline with conduit not previously authorized by the Commission. CEQA Consideration: categorical exemptions. (Lease 9167; RA# 30318) (A 1; S 1) (Staff: S. Avila)

  20        THE GAR WOOD BUILDING, A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Other Use, of sovereign land located in Lake Tahoe, adjacent to 4998 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing restaurant accommodation pier, 14 mooring buoys, and three marker buoys. CEQA Consideration: categorical exemption. (Lease 5402; A3301; RA# 2021183) (A 1; S 1) (Staff: S. Avila)
Staff report revised 04/25/2022.

  21        MARGARET MILLER TREMBLEY, TRUSTEE OF THE MARGARET MILLER TREMBLEY REVOCABLE TRUST DATED AUGUST 2, 1993; MARGARET TREMBLEY-GAB; AND THOMAS R. CHRISTIANSON AND ALISON T. CHRISTIANSON, TRUSTEES OF THE CHRISTIANSON FAMILY TRUST UNDER AGREEMENT DATED JANUARY 1, 2008 (LESSEE); ROBERT A. BUCCOLA (APPLICANT): Consider termination of Lease Number PRC 8362, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8305 Meeks Bay Avenue, Meeks Bay, El Dorado County; for an existing pier, boathouse, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8362; A3299; RA# 2021121) (A 5; S 1) (Staff: J. Holt)

  22        UNITED STATES FISH AND WILDLIFE SERVICE (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Yuba River, adjacent to Assessor’s Parcel Numbers 006-170-141, -140, -139, -126, -119, and -118; and 005-270-176, -140, and -018, near Marysville, Yuba County; for habitat restoration, floodplain excavation and grading, creation of a side perennial channel, and riparian revegetation. CEQA Consideration: Mitigated Negative Declaration, certified by the Yuba County Planning Department, State Clearinghouse Number 2021030284, and adoption of a Mitigation Monitoring Program. (A2982; RA# 2020344) (A 3; S 4) (Staff: N. Lee)

  23        CARL M. WARMACK AND PAMELA J. WARMACK, AS TRUSTEES OF THE WARMACK FAMILY TRUST, DATED MAY 4, 2015; CHARLES M. CHEVALIER, JR. AND JOAN C. CHEVALIER AS TRUSTEES OF THE CHEVALIER REVOCABLE TRUST, DATED DECEMBER 20, 2005; WILLOW J. ANSTEAD, CATHERINE A. RAMIREZ (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8261 Meeks Bay Avenue, Meeks Bay El Dorado County; for one existing mooring buoy. CEQA Consideration: categorical exemption. (Lease 8319; A3215; RA# 2021082) (A 5; S 1) (Staff: L. Anderson)

  24        WS MARINA, LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE): Consider amendment of Lease Number 3953, a General Lease – Commercial Use, of sovereign land located in Lake Tahoe, adjacent to 5190 West Lake Boulevard, near Homewood, Placer County; for maintenance dredging. CEQA Consideration: categorical exemption. (Lease 3953; A3473; RA# 2021200) (A 1; S 1) (Staff: N. Lee)

Bay / Delta Region

  25        JOYCE M. BONIFIELD, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED MARCH 21, 2013, KNOWN AS THE JOYCE M. BONIFIELD REVOCABLE TRUST (LESSEE/ASSIGNOR); JAMES LOUIE CUNNINGHAM AND LORI LYNN CUNNINGHAM (APPLICANT/ASSIGNEE): Consider assignment of a General Lease – Recreational Use, of sovereign land in Corte Madera Creek, adjacent to 147 Greenbrae Boardwalk, near Larkspur, Marin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: not a project. (Lease 9261; A3266; RA# 2021062) (A 10; S 2) (Staff: C. Hudson)

  26        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Termination of a Public Agency Permit and Right-of-Way Map and approval of a Public Agency Permit and Right-of-Way Map, pursuant to Section 101.5 of the Streets and Highway Code and Section 6210.3 of the Public Resources Code, of sovereign land in the American River, for the American River Bridge Deck Replacement Project, including approval of two Temporary Construction Areas, near Cal Expo, Sacramento, Sacramento County. CEQA Consideration: Mitigated Negative Declaration and Addendum, adopted by the California Department of Transportation, State Clearinghouse No. 2020100388, and adoption of a Mitigation Monitoring Program. (A3187; RA# 2021020) (A 7; S 6) (Staff: A. Franzoia)

·         Public Comments

  27        CITY OF SAN JOSE (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the historic bed of the Guadalupe River, near Alviso, San Jose, Santa Clara County; for a public street and a portion of a bridge. CEQA Consideration: categorical exemption. (Lease 4491; A3163; RA# 2021010) (A 25; S 10) (Staff: K. Connor)

  28        TONY JOE CONRAD AND MARY FERNANDO CONRAD, TRUSTEES OF THE TONY AND MARY CONRAD REVOCABLE TRUST DATED JULY 27, 2000 (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign tide and submerged land located in the Pacific Ocean, adjacent to 49 Terrace Avenue, Bolinas, Marin County; for an existing concrete seawall. CEQA Consideration: categorical exemption. (Lease 5881; RA# 2020051) (A 10; S 2) (Staff: M. Schroeder)

  29        CROCKETT COMMUNITY SERVICES DESTRICT (APPLICANT): Consider termination of Permit Number PRC 5420, a General Permit – Public Agency Use, and application for a General Lease – Public Agency Use, of filled sovereign land located in and along the Carquinez Strait, Crockett, Contra Costa County; for an existing pump house, force main pipeline, equalization tank, and sewage wastewater outfall pipeline. CEQA Consideration: categorical exemption. (Lease 2595; RA# 20211146) (A 14; S 3) (Staff: K. Connor)

  30        ECO SERVICES OPERATIONS CORP. (LESSEE): Consider revision of rent to 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, Martinez, Contra Costa county; for a wastewater treatment facility and appurtenant facilities, outfall pipeline, road, railroad spur, utilities, retention pond, fences, sheet pile and rip rap bank protection, groundwater monitoring wells, capped remediated soils in old Peyton Slough channel, and open wetland and marshland habitat. CEQA Consideration: not a project. (PRC 7660; RA 08314)(A 14; S 3) (Staff: V. Caldwell)

  31        IRONHOUSE SANITARY DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, adjacent to Assessor’s Parcel Number 027-050-001; and in Dutch Slough, adjacent to Assessor’s Parcel Numbers 0270-040-001 and 037-191-029, at Jersey Island, near Oakley, Contra Costa County; for an existing treated effluent pipeline, effluent outfall pipeline, diffuser, and rock riprap. CEQA Consideration: categorical exemption. (Lease 7889; A2781; RA# 2020358) (A 11; S 7) (Staff: G. Asimakopoulos)

  32        PHILLIPS 66 COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in Pacheco Creek, adjacent to Assessor’s Parcel Number 159-140-040, near Martinez, Contra Costa County; for an existing non-operational pipeline. CEQA Consideration: categorical exemption. (Lease 7859; RA# 2019332) (A 14; S 3) (Staff: M. Schroeder)
Removed from agenda 04/20/2022.

  33        SANTA CRUZ YACHT CLUB (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Monterey Bay, near Santa Cruz, Santa Cruz County; for the seasonal placement, use, and maintenance of five marker buoys. CEQA Consideration: categorical exemption. (A3530; RA# 2021245) (A 29; S 17) (Staff: D. Simpkin)

  34        THE LOST ISLE PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a caretaker status General Lease – Recreational, Protective Structure, and Right-of-Way Use, of sovereign land located in the San Joaquin River at Acker Island, adjacent to 11050 Acker Island, near Stockton, San Joaquin County; for existing derelict boat docks, appurtenant facilities, barge and work vessels, and underground power line previously authorized by the Commission; and derelict boardwalk structure and decks, and Sheriff boat dock and ramp not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7080; RA# 2020415) (A 13; S 5) (Staff: M. Schroeder)

  35        USGS CALIFORNIA WATER SCIENCE CENTER (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in Sacramento River, adjacent to Assessor’s Parcel Number 002-0010-023, Sacramento, Sacramento County; for an existing 2-pile dolphin. CEQA Consideration: categorical exemption. (Lease 2407; RA# 2021032) (A 7; S 6) (Staff: M. Schroeder)

Central / Southern Region

  36        CALIFORNIA STATE LANDS COMMISSION AND CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of an offer to dedicate a public lateral access easement adjacent to 31430 Broad Beach Road, Malibu, Los Angeles County. CEQA Consideration: not a project. (W24665; I2523) (A 50; S 27) (Staff: L. Pino)

  37        CITY OF DEL MAR (APPLICANT): Consider application for a General Lease – Public Agency Use and Dredging, of sovereign land in the San Dieguito River and the Pacific Ocean, Del Mar, San Diego County; for dredging of the San Dieguito River Inlet and the deposition of 50,000 cubic yards of sand annually at Del Mar City Beach under the City of Del Mar Sand Compatibility and Opportunistic Use Program (SCOUP). CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Del Mar, State Clearinghouse Number 2020040181, and adoption of a Mitigation Monitoring Program. (A3435; RA#2021179) (A 78; S 39) (Staff: K. Connor)
Removed from agenda 04/22/2022.

  38        CITY OF PISMO BEACH (LESSEE): Consider revision of rent for Lease Number PRC 6674, a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, Pismo Beach, San Luis Obispo County; for an existing public pier. CEQA Consideration: not a project. (PRC 6674) (A 35; S 17) (Staff: V. Caldwell)

  39        ROBERT P. MANIACI, AS A TRUSTEE OF THE ROBERT P. AND MARY M. MANIACI FAMILY TRUST DATED JULY 14, 1993 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16642 Somerset Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3173; A3447; RA# 2021188) (A 72; S 34) (Staff: J. Holt)

  40        MONTEREY COUNTY WATER RESOURCES AGENCY (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Old Salinas River, adjacent to Assessor’s Parcel Numbers 135-021-005 and 229-041-012, near Castroville, Monterey County; for an existing concrete box culvert with concrete mat, steel slide gate, log boom, riprap bank protection, and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 7935, A3349; RA# 2021129) (A 29; S 17) (Staff: L. Pino)

  41        MICHAEL S. MORRIS, TRUSTEE OF THE WILLIAM S. BANNASCH LIVING TRUST DATED AUGUST 30, 2002 (LESSEE/ASSIGNOR); LINEAR BANNASCH (APPLICANT/ASSIGNEE): Consider assignment of a General Lease – Protective Structure Use, of sovereign land located adjacent to 523-525 Pacific Avenue, Solana Beach, San Diego County; for one seacave/notch fill. CEQA Consideration: not a project. (Lease No. PRC 7128; RA# 2021190) (A 78; S 39) (Staff: D. Simpkin)

  42        PACIFIC GAS AND ELECTRIC COMPANY (APPLICANT): Consider application for General Lease – Right-of-Way Use, of sovereign land in the Salinas River adjacent to Assessor’s Parcel Numbers 229-011-025 and 229-011-027, near Marina, Monterey County; for an existing natural gas pipeline not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2539; RA# 12518) (A 29; S 17) (Staff: L. Pino)
Removed from agenda 04/18/2022.

  43        RTI INFRASTRUCTURE, INC. (LESSEE): Consider adoption of an Addendum to a Mitigated Negative Declaration, State Clearinghouse No. 2020040309, and amendment of Lease Number 9632, a General Lease – Right-of-Way Use, of sovereign land in the Pacific Ocean, Pismo State Beach, Grover Beach, San Luis Obispo County; for the relocation of installation, use, and maintenance of two 6-inch-diameter steel conduits and one 2-inch-diameter subsea fiber optic cable, amend Section 2, Special Provisions, replace lease exhibits, and revise annual rent and bond. (Lease 9632; A3426; RA# 2021165) (A 35; S 17) (Staff: D. Simpkin)

  44        SOUTHERN CALIFORNIA EDISON COMPANY AND SAN DIEGO GAS AND ELECTRIC COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, San Onofre, San Diego County; for two existing non-operational offshore concrete pipelines associated with San Onofre Nuclear Generating Station (SONGS) Unit 1. CEQA Consideration: categorical exemption. (Lease 3193; A2685; RA# 2019347) (A 76; S 36) (Staff: C. Hudson)

·         Public Comments

School Lands

  45        AT&T CORP, SUBSIDIARY OF SBC COMMUNICATIONS, INC (LESSEE): Consider revision of rent to Lease Number PRC 2984, a General Lease – Right-of-Way Use, of State-owned school land located within a portion of Section 36, Township 12 North, Range 5 East, SBM, southwest of Baker, San Bernardino County; for an underground cable. CEQA Consideration: not a project. (PRC 2984) (A 33; S 16) (Staff: V. Caldwell)

  46        SOUTHERN CALIFORNIA EDISON COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State indemnity school land located in a portion of Section 1, Township 2 North, Range 5 East, SBM, near Landers, San Bernardino County; for an overhead electric distribution line and installation of two wooden poles. CEQA Consideration: categorical exemption. (Lease 7528; A3380; RA# 2021139) (A 42; S 16) (Staff: R. Collins)

Mineral Resources Management

  47        ALPINE OCEAN, INCORPORATED (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct geophysical surveys on granted and ungranted tidelands and submerged lands statewide, from the mean high tide line to 3 nautical miles offshore. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A3309; RA# 2021246) (A & S: Statewide) (Staff: C. Fox)

  48        ARGUELLO, INC. (LESSEE): Consider acknowledgment of a full quitclaim deed for a water injection lease No. 7180, of tidelands and submerged lands offshore Gaviota, Santa Barbara County. CEQA Consideration: not a project. (Lease 7180) (A 37; S 19) (Staff: E. Tajer)

  49        CITY OF LONG BEACH (GRANTEE): Consider approval of subsidence monitoring costs for vertical measurements and studies for the 2022-2023 Fiscal Year, City of Long Beach, Los Angeles County. CEQA Consideration: categorical exemption. (W 10443) (A 70; S 33, 34) (Staff: P. Regan)

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

  51        CITY OF LONG BEACH (GRANTEE): Consider acceptance of the Long Beach Unit Annual Plan (July 1, 2022, through June 30, 2023), Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 17166) (A 70; S 33, 34) (Staff: J. Abedi)

  52        ETRAC, INCORPORATED (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct geophysical surveys on granted and ungranted tidelands and submerged lands statewide, from the mean high tide line to 3 nautical miles offshore. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A3415; RA# 2021172) (A & S: Statewide) (Staff: C. Fox)

  53        GILL RANCH GAS STORAGE, LLC (ASSIGNOR/LESSEE) AND PACIFIC GAS AND ELECTRIC COMPANY (LESSEE); SENSA HOLDINGS, LLC (ASSIGNEE): Consider assignment of a portion of the working interest of gas storage lease No. 8885 (subsurface only), on about 71.6 acres of State-owned sovereign land lying several thousand feet below the San Joaquin River in Sections 2, 22, and 28, Township 13 South, Range 16 East, Mount Diablo Base Meridian, Gill Ranch Gas Field, Fresno and Madera counties. CEQA Consideration: not a project. (Lease 8885; RA# 2021173) (A 25, 29, 31; S 12, 14, 16) (Staff: N. Heda)

  54        PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider issuance of a renewal and amendment for gas storage lease No. 2839 (subsurface only), of State-owned sovereign land located approximately 10 miles west of the City of Stockton, San Joaquin County. The tidelands and submerged lands are part of the McDonald Island gas storage field and are located within the Southwest quarter and Southeast quarter of Section 24; the Northwest quarter, Northeast quarter, and Southeast quarter of Section 25; and the Northeast quarter of Section 36, Township 2 North, Range 4 East; and the Northwest quarter and Southwest quarter of Section 30 and Section 31, Township 2 North, Range 5 East, Mount Diablo Meridian. CEQA Consideration: categorical exemption. (Lease 2839; RA #: 2021154) (A 15; S 5) (Staff: N. Heda)

Marine Environmental Protection

·         No items for this section

Administration

·         No items for this section

Legal

  55        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider amendment of the Commission’s Delegation of Authority to authorize the Executive Officer to take actions on applications where two or more Commissioners have recused themselves from consideration of an application due to a conflict of interest. CEQA Consideration: not a project. (W 9301) (A & S: Statewide) (Staff: W. Crunk, J. Garrett)

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No items for this section

External Affairs

Granted Lands

  56        CITY OF LONG BEACH (TRUSTEE): Review a proposed tideland oil revenue expenditure in an amount not to exceed $5,400,000 by the City of Long Beach for seven capital improvement projects on and adjacent to legislatively granted sovereign land in the City of Long Beach, Los Angeles County. CEQA Consideration: not a project. (G 05-03) (A 70; S 33) (Staff: M. Moser)
Staff report revised 04/26/2022.

·         Public Comments

  57        CITY OF SANTA BARBARA (TRUSTEE): Review a proposed tideland revenue expenditure in an amount not to exceed $1,200,000 by the City of Santa Barbara for three capital improvement projects located on legislatively granted sovereign land in the City of Santa Barbara, Santa Barbara County. CEQA Consideration: not a project. (G 15-01.5) (A 37; S 19) (Staff: M. Moser)

VI.       Informational Calendar 58

  58        CALIFORNIA STATE LANDS COMMISSION: Report on the continued monitoring of possible subsidence, Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 10442, W 16001) (A 70; S 33, 34) (Staff: P. Regan)

VII.     Regular Calendar 59-65

  59        CALIFORNIA STATE LANDS COMMISSION: Consider certification of a Final Environmental Impact Report (State Clearinghouse No. 2021060145), adoption of a Mitigation Monitoring Program and Statement of Findings, and authorization to proceed with Component 1 of the PRC 421 Decommissioning Project. (W30159-4) (A 37; S 19) (Staff: E. Gillies, J. Fabel, P. Regan)

·         Public Comments

  60        CALIFORNIA STATE LANDS COMMISSION: Consider the second distribution of port stimulus funding to mitigate negative economic impacts from the COVID-19 pandemic pursuant to the 2021-2022 Budget Act. CEQA Consideration: not a project. (A & S: Statewide) (Staff: R. Boggiano, B. Johnson)

·         Public Comments

  61        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Update on the status of the existing offshore oil and gas production and pipeline leases managed by the Commission. CEQA Consideration: not a project. (A & S: Statewide) (Staff: N. Dozier)

  62        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)

  63        CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 1832 (Rivas), which would ban hard mineral seabed mining in state waters subject to tidal influence, except as provided. CEQA Consideration: not a project. (A & S: Statewide) (Staff: S. Pemberton)

·         Public Comments

  64        CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 2109 (Bennett and Bloom), which would make it unlawful to use any bait, lure, or chum to attract any white shark or to place any bait, lure, or chum into the water when a white shark is either visible or known to be present except if the activity is authorized by a permit issued by the Department of Fish and Wildlife for scientific, educational, or propagation purposes. CEQA Consideration: not a project. (A & S: Statewide) (Staff: S. Pemberton)

·         Public Comments

  65        CALIFORNIA OCEAN PROTECTION COUNCIL (INFORMATIONAL): Presentation by the Ocean Protection Council on the State Agency Sea-Level Rise Action Plan for California, a roadmap for planning and implementing coastal resilience created by the Sea-Level Rise Leadership Team. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: M. Farnum, J. Lucchesi)

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.

·         Candlestick Heights Community Alliance v. City and County of San Francisco, 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.

·         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

·         Whitred Holdings, LLC v. The McConnel Foundation; California State Lands Commission (as cross defendant)

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).

April 27, 2022

Field Trip to Rincon Island, Ventura County

Field Trip Additional Information & Liability Waiver

11:00 a.m.

I.      On April 27, between approximately 11-11:15 a.m., the State Lands Commission will visit Rincon Island located at Mussel Shoals, Ventura County. The field trip will include walking across the causeway and touring the island. The site visit will conclude at approximately 12:30 p.m. The public is invited to attend in their own private vehicles. The site visit will begin at the entrance to the Rincon Island causeway, located just south of the intersection of Ocean Avenue and Breakers Way, Mussel Shoals. Please note that carpooling and ride sharing is strongly encouraged as parking is very limited. Additionally, the terrain is uneven and proper attire, including sturdy, closed-toe footwear, should be worn. Because Rincon Island and its causeway is an active work site, all members of the public who wish to attend will need to sign a liability waiver. If you wish to attend, please contact the Commission’s Executive Office at cslc.commissionmeetings@slc.ca.gov or at 916.574.1900 to obtain a copy of the liability waiver. Additional details for the field trip will be available on April 25, 2022.