California State Lands Commission
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
SPECIAL MEETING
Agenda
VOTING RECORD
March 24, 2023
12:00 p.m.
Live
webcast available at www.cal-span.org
COMMISSIONERS PRESENT:
·
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
VOTE:
·
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.
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.
Abbreviations and acronyms
· A and S references are to Assembly and Senate districts
· CEQA - California Environmental Quality Act
Order of Business
I. 12:00 p.m. – Open Session
II. Public Comment
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.
III. Consent Calendar 01-03
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)
IV. Regular Calendar – no items
V. Commissioners’ Comment
VI. 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, 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, directions may be given to its negotiators regarding price and terms of payment for the purchase, sale, exchange, or lease.
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)