Eleni Kounalakis, Lieutenant Governor, Chair
Malia M. Cohen, State Controller, Member
Joe Stephenshaw, Director of Department of Finance, Member
Original Agenda Posted 2:00 p.m. on Thursday, March 9, 2023
March 24, 2023
Live webcast available at www.cal-span.org
· ELENI KOUNALAKIS, LIEUTENANT GOVERNOR
· MALIA M. COHEN, STATE CONTROLLER
· GAYLE MILLER, CHIEF DEPUTY DIRECTOR AND ALTERNATE FOR DIRECTOR OF THE DEPARTMENT OF FINANCE JOE STEPHENSHAW
· cONSENT ITEMS 01AND 02 WERE aPPROVED AS PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–ABSTAINED).
· CONSENT ITEM 03 WAS INFORMATIONAL – NO VOTE REQUIRED.
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. 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/85934400722.
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: 859 3440 0722.
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 email@example.com in advance to arrange for such accommodation.
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 firstname.lastname@example.org at least five days prior to the meeting to arrange for an interpreter.
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.
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.
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.
· A and S references are to Assembly and Senate districts
· CEQA - California Environmental Quality Act
Public comments will be heard at 12:00 p.m. for items not on the agenda, for no more than 20 minutes. At the discretion of the Chair, speakers will be given up to 3 minutes. 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.
The following items are considered to be noncontroversial and are subject to change at any time up to the date of the meeting.
01 CALIFORNIA STATE LANDS COMMISSION: Consider co-sponsoring legislation that would authorize the Commission to convey to the City of Alameda (City), in trust, any lands to be exchanged into the Public Trust through an exchange agreement to which the City is a party and authorize the Commission to convey new Public Trust lands to the City as trustee in accordance with the Encinal Terminals Project Land Exchange and Title Settlement Agreement. CEQA Consideration: not applicable. (G 01-01) (A 18; S 9) (Staff: S. Pemberton)
02 CALIFORNIA STATE LANDS COMMISSION: Consider sponsoring legislation to amend several solid mineral permitting and leasing statutes to remove or modernize outdated provisions and to ensure that the Commission has the discretion to determine whether individual applications for solid mineral leasing are in the best interest of the state. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)
03 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)
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.
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, 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.
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, directions may be given to its negotiators regarding price and terms of payment for the purchase, sale, exchange, or lease.
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)