California State Lands Commission

Logo - California State Lands Commission. State of California.

Betty T. Yee, State Controller, Chair

Eleni Kounalakis, Lieutenant Governor, Member

Joe Stephenshaw, Director of Department of Finance, Member

Original Agenda Posted 2:30 p.m. on Friday, October 14, 2022

REGULAR MEETING

Agenda

VOTING RECORD

October 25, 2022

1:00 p.m.

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

·         BETTY T. YEE, State Controller

·         ELENI KOUNALAKIS, LIEUTENANT GOVERNOR

·         GAYLE MILLER, Chief Deputy Director and Alternate for Director of the Department of Finance, Joe Stephenshaw

VOTE:

·         The minutes of the AUGUST 23, 2022 meeting were approved by a vote of 3-0 (YEE–yes; KOUNALAKIS–Yes; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEMS 30, 35, 45, AND 50 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 01-29, 31-34, 36-44, 46-49, AND 51-58 WERE aPPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 59 WAS INFORMATIONAL – NO VOTE REQUIRED

REGULAR CALENDAR:

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

·         iTEM 61 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         item 62 – PRESENTATION WAS MADE. ITEM WAS APPROVED As PRESENTED BY A VOTE OF 3-0 (YEE–YES; KOUNALAKIS–YES; MILLER–YES)

·         ITEM 63 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

CLOSED SESSION:

•   NOTHING TO REPORT FROM CLOSED SESSION

 

This State Lands Commission meeting will be conducted in a completely virtual format, with public participation possible virtually through the Zoom platform. 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.

Join the meeting over the web from your PC, tablet, or smart phone using the following Zoom link: https://us02web.zoom.us/j/83745307232?pwd=czNhd‌W1jWmJTSjNVbUdlcXhjaFZKdz09.

Password: 259964

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: 837 4530 7232.

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

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 www.slc.ca.gov/e-lists/ and subscribe to Commission Meeting Notices.

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 p.m. – Open Session

II.          Public Comment

Public comments will be heard at 1:00 p.m. 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 23, 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:

·         North Tahoe Cruises, Inc. (Lessee): Continuation of rent at $9,291 per year for a General Lease – Commercial Use located on state sovereign land in Lake Tahoe, Placer County. (PRC 8663)

·         Southern California Gas Company (Lessee): Continuation of rent at $4,938 per year for a General Lease – Right-of-Way Use located on state sovereign land in the historic bed of the Colorado River, near Blythe, Riverside County. (PRC 3642)

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 01-58

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        3955 BELLEVIEW LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use of sovereign land in Lake Tahoe, adjacent to 3955 Belleview Avenue, near Homewood, Placer County; for use, maintenance, and repair of an existing pier, construction of a pier extension, installation of a boat lift, use and maintenance of one mooring buoy, and removal of one mooring buoy. CEQA Consideration: categorical exemptions. (Lease 4162; RA# 11317) (A 1; S 1) (Staff: A. Franzoia)

  02        5th GEN BP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land in Lake Tahoe, adjacent to 7380 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8978; A3424; RA# 2021356) (A 1; S 1) (Staff: L. Ward)

  03        DAVID M. ADAMS AND COURTNEY ADAMS, CO-TRUSTEES OF THE DAVID ADAMS FAMILY REVOCABLE TRUST; AND MICHAEL W. ADAMS AND SUE E. ADAMS, CO-TRUSTEES OF THE MICHAEL W. AND SUE E. ADAMS REVOCABLE TRUST OF 2002 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 640 Olympic Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8658; A3416; RA# 2021174) (A 1; S 1) (Staff: E. Harley)

  04        TONYA A. ANTLE, TRUSTEE OF THE ANTONIA ATHENA ANTLE TRUST, DATED MAY 10, 2019, MICHAEL D. CLING AND MARY JEAN CLING (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8833 Winston Way, near Rubicon Bay, El Dorado County; for an existing pier with boat lift and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8471; A3333; RA# 2021108) (A 5; S 1) (Staff: L. Anderson)

  05        JAMES PATRICK BAKER AND ELIZABETH R. BAKER, AS TRUSTEES OF THE JAMES PATRICK BAKER AND ELIZABETH R. BAKER FAMILY TRUST U/A/D SEPTEMBER 16, 2010, AS AMENDED (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8797 Rubicon Drive, near Tahoma, El Dorado County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3094; A3678; RA# 2021376) (A 5; S 1) (Staff: E. Harley)

  06        DAVID C. BANKS AND JUDITH A. BLASKI-BANKS, TRUSTEES OF THE BANKS FAMILY LIVING TRUST, DATED JANUARY 20, 2000 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8323 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier with stairs and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8005; A3460; RA# 2021193) (A 5; S 1) (Staff: E. Harley)

  07        donna l. benner, trustee of the ramseier-benner family trust u/d/t, dated february 2, 1990 (lessee): Consider application for a General Lease – Recreational Use of sovereign land located in Lake Tahoe, adjacent to 5310 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 2457; A3576; RA# 2021330) (A 1; S 1) (Staff: J. Plovnick)

  08        AMY BOGART AND HALEY BOGART (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4676 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3550; A3600; RA# 2021307) (A 1; S 1) (Staff: J. Plovnick)

  09        JOSEPH W. BRONZINI AND LESLIE C. BRONZINI; TERREN LYNN POWELL; ROBERT REID WULFF AND VIRGINIA M. WULFF, TRUSTEES OF THE WULFF FAMILY TRUST DATED June 30, 2000; AND RICHARD COOPER WULFF (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6828 and 6834 West Lake Boulevard, near Tahoma, Placer County; for an existing joint-use pier and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 2260; A3452; RA# 2021237) (A 1; S 1) (Staff: J. Plovnick)

  10        BUTTE CREEK FARMS (LESSEE): Consider revision of rent to Lease Number PRC 3933, a General Lease – Commercial Use, of sovereign land located in the Sacramento River, adjacent to 3249 Butte Slough Road, near Colusa, Colusa County; for a commercial marina. CEQA Consideration: not a project. (PRC 3933) (A 3; S 4) (Staff: V. Caldwell)

  11        CONDEROSA, LLC (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4780 West Lake Boulevard, near Homewood, Placer County; for three existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 6105; A3668; RA# 2021367) (A 1; S 1) (Staff: E. Harley)

  12        ANTONY C. EVANS AND CAROL ROSS EVANS, TRUSTEES OF THE TONY AND CAROL EVANS 2000 REVOCABLE TRUST, ESTABLISHED APRIL 20, 2000 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8547 Meeks Bay Avenue, near Rubicon Bay, El Dorado County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8368; A3389; RA# 2021232) (A 1; S 1) (Staff: L. Ward)

  13        KEVIN J. FINN, AS TRUSTEE OF THE FINN IRREVOCABLE PROPERTY TRUST, DATED JANUARY 27, 2021 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7402 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8964; A3536; RA# 2021280) (A 1; S 1) (Staff: L. Anderson)

  14        MARK S. GAINEY, TRUSTEE OF THE MARK S. GAINEY REVOCABLE TRUST UA 10/17/2006 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2940 Lake Terrance Avenue, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 9014; A3393; RA# 2021142) (A 1; S 1) (Staff: L. Anderson)

  15        LAURA ROSCH GILLETTE AND THOMAS LEE ROSCH (LESSEE); 3340 EDGEWATER LAKE TAHOE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; AND 39LA120LO LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider acceptance of a lease quitclaim deed and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3340 Edgewater Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 7910; A3418; RA# 2021171) (A 1; S 1) (Staff: J. Holt)

  16        GORDON PROPERTIES, L.P., A CALIFORNIA LIMITED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4550 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 8448; A3493; RA# 2021347) (A 1; S 1) (Staff: S. Avila)

  17        JASON HILL AND ELIZABETH HILL, TRUSTEES OF THE JASON AND ELIZABETH HILL FAMILY TRUST, DATED NOTVEMBER 1, 2006; JONATHAN M. HILL, TRUSTEE OF THE JONATHAN HILL TRUST, DATED JUNE 18, 2015 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5672 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse, sundeck with stairs, two boat lifts, two mooring buoys, and a swim float. CEQA Consideration: categorical exemption. (Lease 4871; A3195; RA# 2021035) (A 1; S 1) (Staff: L. Anderson)

  18        Loren A. Jensen and Melissah A. Jensen, or their successor(s), as Trustees of the Loren and Melissah Jensen 2013 Family Trust, dated March 6, 2013; Doris A. Jensen, Trustee of the Elbert A. Jensen Bypass Trust; Birney Alan Jensen; Alice Winnifred Croft; Janice Lee Jensen; Wayne Anders Jensen; Warren Boomer Jensen; Marna June Javette; and Ronald A. Ubaldi and Esther Ubaldi, Trustees of the Ubaldi Living Trust, dated July 19, 1993, and restated August 7, 2008 (LESSEE); Ronald A. Ubaldi and Esther Ubaldi, Trustees of the Ubaldi Living Trust, dated July 19, 1993, and restated August 7, 2008; AND Chad Herrin and Jessica Herrin as Trustees, or any successor trustee, of the Herrin Family Trust U/A/D December 2, 2008 (APPLICANT): Consider termination of Lease Number PRC 5611.1, a General Lease – Recreational Use and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1090 and 1130 West Lake Boulevard, near Tahoe City, Placer County; for one existing mooring buoy. CEQA Consideration: categorical exemption. (Lease 5611; A3641; RA# 2021353) (A 1; S 1) (Staff: J. Plovnick)

  19        Betty L. Langston, Trustee of the LANGSTON FAMILY TRUST OF 1990 Under Declaration of Trust dated September 28, 1990, as amended and restated (Applicant): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8501 and 8503 Meeks Bay Avenue, near Rubicon Bay, El Dorado County; for an existing pier, boat hoist, and three mooring buoys. CEQA Consideration: categorical exemption. (Lease 5558; A3504; RA# 2021223) (A 5; S 1) (Staff: J. Plovnick)

  20        CHARLES B. MOLLETT, CASEY ALLAN HARSH, BRENT HUNTER HARSH, TROY EDWARD HARSH, DANIELLE LOUISE HARSH STIRITZ, ANTOINETTE HARSH, AND MICHAEL G. MOLLETT (LESSEE); 56 MOANA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider termination of Lease 9073, a General Lease – Recreational Use, and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 56 Moana Circle, near Tahoma, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 9073; A3319; RA# 2021101) (A 1; S 1) (Staff: J. Holt)

  21        NESSEBAR HOLDINGS II LLC (LESSEE); NESSEBAR HOLDINGS II LLC AND NESSEBAR HOLDINGS LLC (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 4950 and 4960 North Lake Boulevard, Carnelian Bay, Placer County; for construction of a joint-use pier and catwalk; installation of a boat lift; removal of one existing mooring buoy; and use and maintenance of three existing mooring buoys. CEQA Consideration: categorical exemptions. (Lease 8440; A3621; RA# 2021321) (A 1; S 1) (Staff: J. Holt)

  22        Geoffrey David RAlston and Andrea Gayle Ralston, trustees of the ralston family trust u/d/t dated january 16, 1998 (APPLICANT): Consider application for a General Lease – Recreational Use of sovereign land located in Lake Tahoe, adjacent to 1560 North Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A3502; RA# 2021221) (A 1; S 1) (Staff: J. Plovnick)

  23        Ravenhill properties, LP (lessee); Nikhil Kasinadhuni and Madhura Kasinadhuni (applicant): Consider termination of Lease Number PRC 5134, a General Lease – Recreational Use and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3107 Jameson Beach Road, near South Lake Tahoe, El Dorado County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5134; A3667; RA# 2021364) (A 5; S 1) (Staff: J. Plovnick)

  24        J. ROBERT TAYLOR AND DONNA C. TAYLOR, CO-TRUSTEES OF THE 2005 TAYLOR FAMILY TRUST DATED JANUARY 5, 2005; MICHAEL ROBERT TAYLOR; BRET MATTHEW TAYLOR; JAIME TAYLOR LACHANCE (LESSEE); JAY NORMAN SIMONS AND MONIQUE SHEREEN SIMONS, TRUSTEES OF THE SIMONS FAMILY TRUST DATED DECEMBER 5, 2013 (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 636 Olympic Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8554; A3705; RA#2022008) (A 1; S 1) (Staff: E. Harley)

  25        DENIZ TUNCER, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE(S), OF THE CRESSMAN/TUNCER FAMILY TRUST, UNDER DECLARATION OF TRUST DATED JANUARY 25, 2006; AND AYSHE TUNCER, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE(S), OF THE TUNCER ANDERSON REVOCABLE TRUST, UNDER DECLARATION OF TRUST DATED MAY 20, 2011 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3170 Edgewater Drive, near Dollar Point, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 8979; A3630; RA# 2021337) (A 1; S 1) (Staff: L. Anderson)

  26        UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Lake Tahoe, adjacent to #1 Valhalla Road, near South Lake Tahoe, El Dorado County; for an existing pier. CEQA Consideration: categorical exemption. (Lease 4678; A2476; RA# 2020474) (A 5; S 1) (Staff: J. Toy)

Bay / Delta Region

  27        RICHARD A. BUCKO AND JUANITA L. BUCKO (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 11864 Washington Avenue, near Courtland, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8064; A3485; RA# 2021206) (A 9; S 3) (Staff: J. Holt)

  28        CENTRAL VALLEY FLOOD PROTECTION BOARD (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land in the Sacramento River, adjacent to 1000 Rio Lane, Sacramento, Sacramento County; for construction, use, and maintenance of bank protection. CEQA Consideration: Environmental Impact Report (EIR) and Supplemental EIR, certified by the Central Valley Flood Protection Board, State Clearinghouse No. 2005072046 and 2020070269, respectively, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (Lease 7203; RA# 2021197) (A 9; S 6) (Staff: M. Schroeder)

  29        CITY OF DALY CITY, DEPARTMENT OF WATER AND WASTEWATER RESOURCES (APPLICANT): Consider termination of Lease 1364, a General Lease – Right-of Way Use; and an application for a General Lease – Public Agency Use, of sovereign tide and submerged land located in the Pacific Ocean, adjacent to Fort Funston, near San Francisco, City and County of San Francisco; for the repair of an existing sewer outfall pipeline with diffusers; for the removal of abandoned concrete pipeline support structures; for the installation of a temporary sheet pile cofferdam; and for temporary access during construction. CEQA Consideration: Environmental Impact Report/Statement, certified by the City of Daly City, State Clearinghouse No. 2013032001, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (Lease 1364; A2716; RA# 2020289) (A 19; S 11) (Staff: A. Franzoia)

  30        CITY OF SACRAMENTO (APPLICANT/SUBLESSOR); DROWNING ACCIDENT RESCUE TEAM, INC., A CALIFORNIA DOMESTIC NONPROFIT CORPORATION (SUBLESSEE): Consider application for a General Lease – Public Agency Use, and endorsement of a sublease under Lease 4964, of sovereign land located in the Sacramento River, adjacent to 1601 Garden Highway, near Sacramento, Sacramento County; for an existing concrete deck over a wood-framed and pile-supported dock, building, boat dock, gangway, and two wing walls. CEQA Consideration: categorical exemption. (Lease 4964; P4964; RA# 23614) (A 7; S 6) (Staff: G. Asimakopoulos) Removed from the agenda 10/20/2022.

  31        COUNTY OF SAN JOAQUIN (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Middle River, adjacent to Howard Road, near French Camp, San Joaquin County; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 3990; A3248; RA# 2021063) (A 13; S 5) (Staff: J. Holt)

  32        COUNTY OF SAN JOAQUIN AND COUNTY OF SACRAMENTO (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Mokelumne River, adjacent to New Hope Road, near Thornton, San Joaquin and Sacramento Counties; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 4238; A3249; RA# 2021047) (A 13; S 5) (Staff: J. Holt)

  33        MICHAEL A. DI GRAZIA, AS TRUSTEE OF THE MICHAEL A. DI GRAZIA REVOCABLE TRUST CREATED ON JULY 19, 2006 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 937 Piedmont Drive, Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 4164; A3202; RA# 2021011) (A 7; S 6) (Staff: S. Avila)

  34        DIXON BOAT AND FISHING CLUB, INC. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Cache Slough, adjacent to 7504 Bartlett Road, near Dixon, Solano County; for two existing boat docks and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 4913; A3451; RA# 2021241) (A 4; S 3) (Staff: L. Anderson)

  35        MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land in Corte Madera Creek from the College Avenue Bridge, near Kentfield, to the Bon Air Bridge, near Larkspur, Marin County; for an existing flood control channel and appurtenances, and for the construction of additional flood control improvements. CEQA Consideration: categorical exemption; Environmental Impact Report, certified by the Marin County Flood Control and Water Conservation District, State Clearinghouse No. 2020080353, and adoption of a Mitigation Monitoring Program and Statement of Findings. (Lease 3926; A3213; RA# 2021124) (A 10; S 2) (Staff: A. Franzoia) Removed from the agenda 10/20/2022.

  36        PACK SERIES C, LP, A DELAWARE LIMTED PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the historic bed of the San Joaquin River, adjacent to 2013 Cove Court, Atherton Cove, San Joaquin County; for an existing boat dock with boat lift, appurtenant facilities, deck, bulkhead with fill, and bank protection. CEQA Consideration: categorical exemption. (Lease 7110; A3637; RA# 2021343) (A 13; S 5) (Staff: S. Avila)

  37        PHILIP RODONI (LESSEE): Consider amendment of Lease Number 9671, a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to Teacher Beach, near Inverness, and 19225 State Route 1, near Marshall, Marin County; for addition of a proposed mooring buoy and extension of lease term. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (Lease 9671; A3230; RA# 2021038) (A 10; S 2) (Staff: J. Plovnick)

  38        RONALD R. ROTT, TRUSTEE OF THE RONALD R. ROTT FAMILY TRUST DATED JULY 28, 2009 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 4145 Garden Highway, in Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 6088; A3438; RA# 2021213) (A 7; S 6) (Staff: K. Buchan)

  39        Frank G. Stathos (LESSEE); Nicholas Street and Nancy Pheng Street, Trustees of the Street Family Trust, Dated October 1, 2020 (APPLICANT): Consider voiding Invoice Number 53057; termination of Lease Number PRC 8534, a General Lease – Recreational and Protective Structure Use; and application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 961 Piedmont Drive, near Sacramento, Sacramento County; for an existing boathouse with appurtenant facilities and bank protection previously authorized by the Commission; and two personal watercraft landings not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8534; A3221; RA#2021040) (A 9; S 6) (Staff: J. Toy)

  40        TESORO REFINING AND MARKETING COMPANY LLC (LESSEE): Consider acceptance of a partial lease quitclaim deed and amendment of Lease Number PRC 3454, a General Lease – Industrial Use, of sovereign land in the Carquinez Strait, near the city of Martinez, Contra Costa County; to authorize the transfer of renewable fuels and feedstocks; to install electrical heat tracing and insulation on a pipeline and reconfigure pipes and hoses for transfer of renewable feedstocks and renewable fuels; and, modify the lease area. CEQA Consideration: Environmental Impact Report, certified by Contra Costa County, State Clearinghouse No. 2021020289, and adoption of a Mitigation Monitoring Program and Statement of Findings. (PRC 3454; RA# 2020359) (A 14; S 7) (Staff: M. Schroeder)

  41        TESORO REFINING AND MARKETING COMPANY LLC (LESSEE): Consider amendment of Lease Number PRC 3453, a General Lease – Industrial Use, of sovereign land in the Carquinez Strait and Pacheco Creek, in and near the city of Martinez, Contra Costa County; for installation of a fender on the marine oil terminal wharf and to expand authorized uses to include transfer of renewable fuels and feedstocks. CEQA Consideration: Environmental Impact Report, certified by Contra Costa County, State Clearinghouse No. 2021020289, and adoption of a Mitigation Monitoring Program and Statement of Findings. (PRC 3453; RA# 2020360) (A 14; S 3) (Staff: M.  Schroeder)

Central / Southern Region

  42        RALPH ASCHER AND MARIETTA ASCHER (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16232 Piedmont Circle, Huntington Beach, Orange County; for an existing boat dock and access ramp. CEQA Consideration: categorical exemption. (Lease 7423; A3379; RA# 2021231) (A 72; S 34) (Staff: J. Plovnick)

  43        CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located on Owens Lake, Inyo County; for the collection of hydraulic monitoring data and continued maintenance of existing groundwater wells, piezometers, and flumes. CEQA Consideration: categorical exemption. (Lease 9597; RA# 2021366) (A 26; S 8) (Staff: D. Simpkin)

  44        ALICIA DOSE (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 3242 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock and access ramp. CEQA Consideration: categorical exemption. (Lease 3250; A3582; RA# 2021293) (A 72; S 34) (Staff: L. Anderson)

  45        EXXON MOBIL CORPORATION (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near El Capitan State Beach, Santa Barbara County; for an existing water pipeline, an oil emulsion pipeline, and three power cables serving federal platforms Hondo, Harmony, and Heritage. CEQA Consideration: categorical exemption. (Lease 7163; RA# 2021079) (A 37; S 19) (Staff: D. Simpkin) Removed from the agenda 10/20/2022.

  46        MICHAEL V. HAMMILL AND KIM E. HAMMILL (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River adjacent to 1130 Beach Drive, Needles, San Bernardino County; for existing concrete stairs, rock walls, concrete patio, retaining wall, and riprap bankline protection. CEQA Consideration: categorical exemption. (Lease 9060; RA# 2021311) (A 33; S 16) (Staff: K. Connor)

  47        YOUNG HWAN LEE AND SHAWN S. AHN-LEE, AS TRUSTEES OF THE YOUNG HWAN LEE AND SHAWN S. AHN-LEE 2007 REVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16811 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 4096; A3556; RA# 2021279) (A 72; S 34) (Staff: L. Anderson)

  48        Warren I. Mitchell and Nanice Lee Mitchell (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16921 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3573; A3398; RA# 2021143) (A 72; S 34) (Staff: J. Plovnick)

  49        PACIFIC GAS AND ELECTRIC COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located 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: G. Asimakopoulos)

  50        PACIFIC OFFSHORE PIPELINE COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near El Capitan State Beach, Santa Barbara County; for an existing gas pipeline. CEQA Consideration: categorical exemption. (Lease 4977; RA# 2021077) (A 37; S 19) (Staff: D. Simpkin) Removed from the agenda 10/20/2022.

School Lands

  51        IMPERIAL IRRIGATION DISTRICT (LESSEE): Consider revision of rent to Lease Number PRC 7188, a General Lease – Right-of-Way Use, of State indemnity school and lieu land located in a portion of Section 30 and Section 36, Township 9 South, Range 13 East, SBM, near Mecca, Imperial and Riverside Counties; for an overhead electrical transmission line. CEQA Consideration: not a project. (PRC 7188) (A 56; S 28) (Staff: V. Caldwell)

  52        INDIAN WELLS VALLEY GROUNDWATER AUTHORITY (APPLICANT): Consider application for a General Lease – Public Agency Use, of State-owned school land, located in a portion of Section 16, T24S, R38E, MDM, near Highway 395 and Pearsonville, Inyo County; for four existing groundwater monitoring wells. CEQA Consideration: categorical exemption. (A3615; RA# 2021346) (A 26; S 8) (Staff: D. Simpkin)

Mineral Resources Management

  53        CITY OF LONG BEACH (GRANTEE): Consider acceptance of the Final Report and Closing Statement for 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)

  54        FUGRO USA MARINE, INCORPORATED (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct geophysical surveys on granted and ungranted tide and submerged lands statewide, from the mean high tide line to 3 miles offshore. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A3734; RA# 2022074) (A & S: Statewide) (Staff: C. Fox)

  55        U.S. BORAX INC. (LESSEE): Consider an amendment to increase the performance bond, reduce the lease area by 124.26 acres, and to acknowledge a partial Quitclaim Deed, for Mineral Extraction Lease 5464 for minerals, other than oil, gas, or geothermal resources; approximately 15,543 acres of State sovereign land, Townships 17 South and 18 South, Range 37 East, Mount Diablo Baseline & Meridian, located on the dry lakebed of Owens Lake, along the east side of U.S. Highway 395, approximately 10 miles south of the town of Lone Pine, Inyo County. CEQA Consideration: not a project. (A3708; Lease 5464; RA# 2022044) (A 26; S 8) (Staff: D. Dillon, V. Perez)

Marine Environmental Protection

·         No items for this section

Administration

  56        CALIFORNIA STATE LANDS COMMISSION; UNIVERSITY OF CALIFORNIA, SAN DIEGO (PARTIES): Consider granting authority to the Executive Officer to enter into an agreement with the University of California, San Diego, to procure the services of two science policy fellows through the California Sea Grant State Fellows Program. CEQA Consideration: not a project. (A & S: Statewide) (Staff: J. Mattox, N. Dobroski)

Legal

·         See Regular Calendar

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No items for this section

External Affairs

Granted Lands

  57        THE CITY AND COUNTY OF SAN FRANCISCO, ACTING BY AND THROUGH THE SAN FRANCISCO PORT COMMISSION; THE CITY AND COUNTY OF SAN FRANCISCO, A CHARTER CITY AND MUNICIPAL CORPORATION; CALIFORNIA STATE LANDS COMMISSION; MURRAY G. COLE AND DORIS M. COLE, TRUSTEES OF THE 2006 MURRAY G. AND DORIS M. COLE REVOCABLE TRUST DATED AUGUST 1, 2006 (PARTIES): Consider a Land Exchange and Title Settlement Agreement, acceptance of a Kapiloff Land Bank Fund Deposit, and findings pursuant to Chapter 660, Statutes of 2007, related to parcels located adjacent to Islais Creek, in the city and county of San Francisco. CEQA Consideration: statutory exemptions. (G 11-01; AD 692) (A 17; S 11) (Staff: R. Boggiano, A. Kershen)

  58        CITY OF PITTSBURG (GRANTEE): Consider an amendment to a General Lease-Industrial Use, by the City of Pittsburg, pursuant to Chapter 422, Statutes of 2011, minerals reserved to the State, for approximately 14 acres of legislatively granted Public Trust Lands located in New York Slough, in the City of Pittsburg, Contra Costa County. CEQA Consideration: categorical exemption. (G 02-03) (A 14; S 7) (Staff: M. Moser, R. Boggiano)

VI.       Informational Calendar 59

  59        CALIFORNIA STATE LANDS COMMISSION: Informational update on state legislation relevant to the California State Lands Commission. CEQA consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

VII.     Regular Calendar 60-63

  60        SAN DIEGO UNIFIED PORT DISTRICT; CALIFORNIA STATE LANDS COMMISSION: Consider approval of findings pursuant to Public Resources Code section 6702, subdivision (b) regarding an Intergovernmental Support Agreement between the San Diego Unified Port District and the Navy allowing participation in the Low Carbon Fuel Standard (LCFS) incentive based program; and consider approval of trust revenues generated from the LCFS program to be expended on improvement projects located within Naval Base San Diego, adjacent to the Port’s statutorily granted Public Trust Lands, located in the City of San Diego, San Diego County. CEQA consideration: not a project. (G 10-08) (A 78; S 39) (Staff: R. Boggiano, B. Johnson)

  61        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Briefing on geothermal and lithium resources on lands managed by the Commission. CEQA Consideration: not a project. (A & S: Statewide) (Staff: R. Lee, D. Dillon, M. Wells, M. Liebergesell)

  62        CALIFORNIA STATE LANDS COMMISSION; CALIFORNIA COASTAL COMMISSION; CALIFORNIA STATE COASTAL CONSERVANCY; AND CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (PARTIES): Consider a Memorandum of Agreement Regarding the Interagency Coordinated Review and Preparation of Environmental Review Documents for the Hollister Ranch Coastal Access Program located in Santa Barbara County, between the Commission, the Coastal Commission, Coastal Conservancy, and Department of Parks and Recreation. CEQA Consideration: not a project. (503.2117) (A 37; S 19) (Staff: L. Calvo)

  63        NOTICE OF CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Instructions to staff negotiators in Closed Session, pursuant to Government Code section 11126(c)(7), regarding entering into a lease amendment or other agreement for the extended use of the infrastructure associated with, and necessary for, the continued operation of the Diablo Canyon Power Plant, San Luis Obispo County. Negotiating Parties: State Lands Commission and Pacific Gas and Electric Company. Under negotiation: price and terms. CEQA Consideration: not a project. (Lease 9347; A3817) (A 35; S 17)

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

·         Ingrid Barot v. TOPCO, State of California, et al. 

·         In re: Temblor Petroleum Company, LLC, Bankruptcy Chapter 11

·         In re: Venoco, LLC, Bankruptcy Chapter 11

·         In re: EHT US1, Inc. et al. 

·         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 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.

1.   Provide instructions to staff negotiators regarding entering into a lease amendment or other agreement for the extended use of the infrastructure associated with, and necessary for, the continued operation of the Diablo Canyon Power Plant, San Luis Obispo County. Negotiating Parties: State Lands Commission and Pacific Gas and Electric Company. Under negotiation: price and terms.

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)