California State Lands Commission

Logo - California State Lands Commission. State of California.

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 Friday, March 24, 2023

REGULAR MEETING

Agenda

VOTING RECORD

April 7, 2023

1:00 p.m.

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

·         ELENI KOUNALAKIS, LIEUTENANT GOVERNOR (DR. MATT DUMLAO, CHIEF OF STAFF AND ALTERNATE, SAT IN FOR A PORTION OF ITEM 71)

·         MALIA M. COHEN, STATE CONTROLLER (KRISTINA KUNKEL, DEPUTY CONTROLLER AND ALTERNATE, PARTICIPATED FOR ITEMS 63 AND 71, 2ND PUBLIC COMMENT PERIOD, CLOSED SESSION, AND ADJOURNMENT OF THE MEETING)

·         GAYLE MILLER, CHIEF DEPUTY DIRECTOR AND ALTERNATE FOR DIRECTOR OF THE DEPARTMENT OF FINANCE JOE STEPHENSHAW

VOTE:

·         The minutes of the FEBRUARY 28, 2023 AND MARCH 24, 2023 MEETINGS WERE APPROVED BY A VOTE OF 3-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–YES)

CONSENT CALENDAR:

·         CONSENT ITEM ITEMS 06, 14, 18, 33, AND 55 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 49 AND 63 WERE MOVED TO THE REGULAR CALENDAR

·         cONSENT ITEMS 01-05, 07-13, 15-17, 19-32, 34-48, 50-54, 56-62, 64, AND 65 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 66 – WAS INFORMATIONAL – NO VOTE REQUIRED.

REGULAR CALENDAR:

·         ITEM 67 – PRESENTATION WAS MADE. THE ITEM WAS INFORMATIONAL, NO VOTE WAS MADE.

·         ITEM 68 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–YES)

·         ITEM 69 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–ABSTAINED)

·         ITEM 70 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–YES)

·         ITEM 71 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS AMENDED BY A VOTE OF 3-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–YES)

·         CONSENT ITEM 49 – WAS REMOVED FROM CONSIDERATION

·         CONSENT ITEM 63 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; KUNKEL–YES; MILLER–YES

CLOSED SESSION:

·         ITEM 66 DCPP – PURSUANT TO GOVERNMENT CODE SECTION 11126, SUBDIVISION (C)(7), THE COMMISSION MET IN CLOSED SESSION WITH ITS REAL PROPERTY NEGOTIATORS REGARDING A LEASE AMENDMENT OR OTHER AGREEMENT FOR THE EXTENDED USE OF THE INFRASTRUCTURE ON STATE LANDS RELATED TO THE CONTINUED OPERATION OF THE DIABLO CANYON POWER PLANT, SAN LUIS OBISPO COUNTY.

 

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/88126902545.

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: 881 2690 2545.

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.

III.         Confirmation of Minutes for the February 28, 2023 and March 24, 2023 meetings

IV.       Executive Officer’s Report

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

·         No items for this section.

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 01-65

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        Michael g. akatiff and christy d. akatiff, trustees of the michael g. akatiff and christy d. akatiff revocable living trust; mark r. gilmartin, trustee of the mark r. gilmartin 2006 trust; henry f. telfeian; and elizabeth k. stage (Lessee/APPLICANT): Consider amendment of Lease Number 8271, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8778, 8780, 8782, and 8796 Brockway Vista Avenue, near Kings Beach, Placer County; for the installation, use, and maintenance of one additional mooring buoy. CEQA Consideration: categorical exemption. (Lease 8271; A3892; RA# 2022071) (A 1; S 1, 4) (Staff: D. Romero)

  02        LAURENCE L. AKIN AND KIM S. AKIN, AS TRUSTEES OF THE LAURENCE L. AKIN AND KIM S. AKIN TRUST AGREEMENT DATED NOVEMBER 29, 1993, AS AMENDED (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3290 Edgewater Drive, Tahoe City, Placer County; for one existing mooring buoy previously authorized by the Commission and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7259; A2523; RA# 2019231) (A 1; S 1, 4) (Staff: J. Plovnick)

  03        Dennis J. Altnow and Lois Ann Altnow, Co-Trustees of the Dennis and Lois Altnow Family Trust dated December 3, 1991; and Donald A. Altnow and Katherine Ann Altnow, Co-Trustees of the Donald and Katherine Altnow FAmily Trust, dated December 3, 1991 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3021and 3023 Jameson Beach Road, South Lake Tahoe, El Dorado County; for an existing pier and two mooring buoys previously authorized by the Commission, and two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8404; A2533; RA# 2019250) (A 1; S 1, 4) (Staff: J. Plovnick)

  04        RICHARD BOWLING, JR. AND KATHLEEN S. BOWLING, AS CO-TRUSTEES OF THE BOWLING REVOCABLE TRUST DATED DECEMBER 27, 1991 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4692 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5318; A3938 RA# 2022216) (A 1; S 1, 4) (Staff: D. Romero)

  05        THE CITY OF PETALUMA (APPLICANT): Consider application for a General Lease –Public Agency Use, of sovereign land located in the Petaluma River, adjacent to 6 Copeland Street, Petaluma, Sonoma County; for removal of an existing boat dock, and construction, use, and maintenance of a boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (A3872; RA# 2022194) (A 12; S 2, 3) (Staff: M. Waldo)

  06        CITY OF WEST SACRAMENTO (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Sacramento River, adjacent to Assessor’s Parcel No. 010-103-01, West Sacramento, Yolo County; for an existing concrete boat ramp, boat dock, two gangways, and two boarding floats with cable system related to the Broderick Boat Launch Facility, and bank protection. CEQA Consideration: categorical exemption. (Lease 4798; A3670; RA# 2021375) (A 4; S 3) (Staff: J. Holt)
Removed from the agenda 03/30/2023.

  07        CLHUBER LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; AND HUBER RUBICON LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8591 North Lane, near Rubicon, El Dorado County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2691; RA# 2019353) (A 1; S 1, 4) (Staff: L. Anderson)

  08        COUNTY OF TEHAMA (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Sacramento River, adjacent to Gardiner Ferry Road, near Corning, Tehama County; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 4709; A3206; RA# 2021068) (A 3; S 1) (Staff: J. Holt)

  09        DAVID L. STRONG AND SHARON H. STRONG; DONALD L. STRONG AND KATHERINE MILLER STRONG; VIRGINIA MCAFEE NIX AND DAVID WILLIAM NIX, AS TRUSTEES OF THE NIX LIVING TRUST, DATED JULY 19, 2013; ROBERT KEITH MCAFEE, JR. AND JEANNETTE LOUISE MCAFEE; AND PETER KIRK MCAFEE AND DEBORAH KAY MCAFEE (LESSEE); RYAN CROWLEY AND NICOLE CROWLEY, AS TRUSTEES OF THE CROWLEY FAMILY LIVING TRUST, DATED SEPTEMBER 17TH, 2010 (APPLICANT): Consider termination of Lease Number PRC 9456, a General Lease – Recreational Use; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3212 Edgewater Drive, near Tahoe City, Placer County; for one existing mooring buoy previously authorized by the Commission and installation, use and maintenance of one mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 9456; A2829; RA# 2020079) (A 1; S 1, 4) (Staff: D. Romero)

  10        SCOTT EDMONDSON, MARK EDMONDSON, AND GREGG EDMONDSON, TRUSTEES OF THE EDMONDSON HERITAGE TRUST; AND KEVIN R. RAY AND LEE E. SEVISON (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5390 and 5394 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing joint-use pier, two boathouses, two boat lifts, and two mooring buoys previously authorized by the Commission, and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3310; A3854; RA# 2022116) (A 1; S 1, 4) (Staff: M. Waldo)

  11        ERIK J. EPPINK, TRUSTEE OF THE ERIK J. EPPINK REVOCABLE TRUST DATED MARCH 18, 2009 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8523 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for the installation, use, and maintenance of two mooring buoys. CEQA Consideration: categorical exemption. (A3554; RA# 2021275) (A 1; S 1, 4) (Staff: D. Romero)

  12        HEIDI E. GEMPERLE, ANITA MAHAFFEY, SUSAN A. ABDO, PETER E. GEMPERLE, RICHARD J. GEMPERLE, STEPHEN M. GEMPERLE AS INDIVIDUALS AND MICHAEL E. GEMPERLE AND KRISTI A. GEMPERLE, TRUSTEES, M & K GEMPERLE 2011 TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4560 North Lake Boulevard, Carnelian Bay Placer County; for replacement of an existing pier, installation of a boat lift, removal of an existing swim float, and use and maintenance of two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2656; RA# 2019330) (A 1; S 1, 4) (Staff: L. Anderson)

  13        PETER REED HOFMANN, TRUSTEE OR SUCCESSOR TRUSTEE, PETER REED HOFMANN REVOCABLE LIVING TRUST DATED NOVEMBER 27, 2006, AND AMY LOU DIFFENDERFER, TRUSTEE OR SUCCESSOR TRUSTEE, AMY LOU DIFFENDERFER REVOCABLE LIVING TRUST DATED DECEMBER 17, 2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1700 North Lake Boulevard, near Tahoe City, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 7774; A3828; RA# 2022107) (A 1; S 1, 4) (Staff: M. Waldo)

  14        BRYAN F. KELLY AND EMILY C. WHITE, CO-TRUSTEES OF THE KELLY-WHITE LIVING TRUST DATED DECEMBER 22, 2010 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8849 Rubicon Drive, near Meeks Bay, El Dorado County; for two existing mooring buoys and a low water anchor not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7018; A3908; RA# 2022169) (A 1; S 1, 4) (Staff: L. Anderson)
Removed from the agenda 03/28/23.

  15        MATTHEW KELLY, TRUSTEE OF THE JOHN M. KELLY REVOCABLE TRUST, DATED MARCH 31, 1997; JOHN M. KELLY JR., TRUSTEE OF THE JOHN M. KELLY, JR. 2022 TRUST DATED MAY 20, 2022; ELIZABETH K. D'AMBROSIA, TRUSTEE OF THE ELIZABETH K. D'AMBROSIA SEPARATE PROPERTY TRUST DATED APRIL 21, 2022; AND MATTHEW KELLY, TRUSTEE OF THE MATTHEW KELLY SEPARATE PROPERTY TRUST DATED APRIL 18, 2022 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3390 Edgewater Drive, near Tahoe City, Placer County; for an existing pier, boathouse with a boat lift, and two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 3346; A3808; RA# 2022090) (A 1; S 1, 4) (Staff: M. Waldo)

  16        James M. McClenahan and Margaret Ann McClenahan, Trustees, or their successors in interest, of the James and Margaret McClenahan Family Trust dated February 22, 2001, and any amendments thereto (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Donner Lake, adjacent to 15102 Point Drive, near Truckee, Nevada County; for an existing pier. CEQA Consideration: categorical exemption. (Lease 8504; A3921; RA# 2022177) (A 1; S 1, 4) (Staff: J. Plovnick)

  17        LINDA NELSON DAVIS AND ROBERT WEBSTER, TRUSTEES OF THE LINDA NELSON DAVIS REVOCABLE TRUST NO. 2 U/A 9/22/1988, AS AMENDED 11/1/04 (LESSEE/APPLICANT): Consider acceptance of a lease quitclaim deed and an application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 80 Lassen Drive, near Tahoe City, Placer County; for one existing mooring buoy previously authorized, and installation of one proposed mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 8622, A3553; RA# 2021265) (A 1; S 1, 4) (Staff: L. Anderson)

  18        MARK B. NELSON, TRUSTEE OF THE WILBORN CHILDREN'S TRUST AND LORIE L. WILBORN, TRUSTEE OF THE NELSON HERITAGE TRUST (LESSEE/APPLICANT): Consider amendment of Lease Number 5353, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4200 North Lake Boulevard, near Carnelian Bay, Placer County; for the addition of one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 5353; A3835; RA# 2022110) (A 1; S 1, 4) (Staff: M. Waldo)
Removed from the agenda 04/06/2023.

  19        Northshore townhouse Association (LESSEE/APPLICANT): Consider amendment of Lease Number 5296, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 100 Lassen Drive, near Tahoe City, Placer County; for the addition of six proposed mooring buoys. CEQA Consideration: categorical exemption. (Lease 5296; A3951; RA# 2022205) (A 1; S 1, 4) (Staff: J. Plovnick)

  20        PEACH TREE TERRACE, A CALIFORNIA GENERAL PARTNERSHIP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Petaluma River, adjacent to 3357 Petaluma Boulevard South, near Petaluma, Sonoma County; for an existing pier and appurtenant facilities; walkway and appurtenant facilities; and 15 unattached pilings; removal of derelict foundation with support piles; and restoration of lease premises not previously authorized by the Commission. CEQA Consideration: categorical exemptions. (A2972; RA# 2020368) (A 12; S 2, 3) (Staff: M. Schroeder)

  21        CAROLYN H. PETERS AND STEPHEN R. PETERS, AS CO-TRUSTEES OF THE PETERS SURVIVOR’S TRUST CREATED UNDER THE ROBERT W. PETERS AND CAROLYN H. PETERS 1992 TRUST, DATED JANUARY 10, 1992, AS AMENDED (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3220 Edgewater Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 9037; A3922; RA# 2022184) (A 1; S 1, 4) (Staff: D. Romero)

  22        JAMES HAROLD RICHARDSON, IV AND KIMBERLY PAULSON RICHARDSON, TRUSTEES OF THE 2006 RESTATEMENT OF THE RICHARDSON FAMILY TRUST DATED JULY 26, 2006 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3280 Edgewater Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 9100; A3900; RA# 2022164) (A 1; S 1, 4) (Staff: D. Romero)

  23        RUBICON TAHOE OWNERS, INC. (LESSEE): Consider amendment of Lease Number 5676, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to Assessor’s Parcel Numbers 016-142-011 and 016-221-006, near Rubicon Bay, El Dorado County; for a rental adjustment. CEQA Consideration: not a project. (Lease 5676; A3946; RA# 2022199) (A 1; S 1, 4) (Staff: M. Waldo)

  24        Sierra 1644 Real Property Holdings LLC, a California Limited Liability Company (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5340 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 7167; A3944; RA# 2022200) (A 1; S 1, 4) (Staff: J. Plovnick)

  25        SPALDING COMMUNITY SERVICE DISTRICT (LESSEE): Consider revision of rent to Lease No. PRC 8155, a General Lease – Commercial Use, of sovereign land located in Eagle Lake, near Susanville, Lassen County; for a marina, known as Spalding Marina. CEQA Consideration: not a project. (PRC 8155) (A 1; S 1) (Staff: V. Caldwell)

  26        ERIC P. WENTE, TRUSTEE OF THE CHRISTINE AND ROLAND VON METZSCH 2012 IRREVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2220 Sunnyside Lane, near Tahoe City, Placer County; for an existing pier, boathouse, two boat lifts, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5598; A3770; RA# 2022051) (A 1; S 1, 4) (Staff: M. Waldo)

  27        MARLENE WEIBEL, AS TRUSTEE IN TRUST OF THE SOUTH LAKE TAHOE PROPERTY TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3075 Jameson Beach Road, near South Lake Tahoe, El Dorado County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A2098; RA# 28818) (A 5; S 1, 4) (Staff: M. Waldo)

  28        Janet Katharine Lally, Trustee of the Janet K. Lally Survivors Trust created under the Thomas and Janet Lally Family Trust Dated April 3, 1989; John W. Strickley and Jennifer H. Strickley, Trustees of the Strickley Family Trust Dated February 19, 2004; Steven Randall Strickley, Trustee of the Ruth Amy Frankel and Steven R. Strickley Trust Dated November 6, 2008; John J. Welsh and Katharine K. Welsh, Trustees of the John J. Welsh and Katharine K. Welsh Revocable Living Trust, Dated July 13, 2022; and Julie K. Dunlap and Merrit W. Dunlap, Trustees of the Dunlap Family Trust, Dated June 8, 2005 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8221 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 8451; A3887; RA# 2022167) (A 1; S 1, 4) (Staff: L. Ward)

Bay / Delta Region

  29        CITY OF OAKDALE (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Stanislaus River, adjacent to Kerr Park at 840 North Stearns Road, Oakdale, Stanislaus County; for restoration and rehabilitation of the bed of the Stanislaus River channel and floodplain to improve wildlife and aquatic habitats. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Oakdale, State Clearinghouse No. 2022120684, and adoption of a Mitigation Monitoring Program. (A3885; RA# 2022159) (A 9; S 4) (Staff: J. Holt)

  30        Steven Codog (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Calaveras River, adjacent to 2725 Calariva Drive, Stockton, San Joaquin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 7015; A3914; RA# 2022172) (A 13; S 5) (Staff: J. Plovnick)

  31        CPN PIPELINE COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Sacramento River, between Brannan Island and the Montezuma Hills, near Rio Vista, Sacramento and Solano Counties; for an existing natural gas pipeline. CEQA Consideration: categorical exemption. (Lease 8450; A3077; RA# 2020403) (A 11; S 3) (Staff: M. Schroeder)

  32        East Bay Regional Park District (LESSEE/APPLICANT): Consider amendment of Lease Number PRC 5617, a General Lease – Public Agency Use, of sovereign land located in San Francisco Bay, adjacent to Assessor’s Parcel Number 561-010-006, near Richmond, Contra Costa County; for removal of the deteriorating portions of the Ferry Point Pier; and use and maintenance of the existing fishing pier, gantry, and gantry support structure as part of the Ferry Point Pier Removal Project. CEQA Consideration: categorical exemption. (PRC 5617; A3965; RA#2022233) (A 14, 15; S 7, 9) (Staff: J. Toy)

  33        GEORGIA-PACIFIC GYPSUM, LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE/APPLICANT): Consider acceptance of a Lease Quitclaim Deed for Lease Number PRC 1589, a General Lease – Industrial Use; and application for a General Lease – Industrial Use, of filled and unfilled sovereign land located in the San Joaquin River, adjacent to 801 Minaker Drive, Antioch, Contra Costa County; for existing industrial docking and offloading facilities and ancillary improvements previously authorized by the Commission; and removal, relocation, and installation of industrial wharf components with ancillary facilities. CEQA Consideration: categorical exemptions. (Lease 1589; A3706; RA# 2022040) (A 15; S 7) (Staff: G. Asimakopoulos)
Removed from the agenda 03/27/23.

  34        Ian Hodder (LESSEE); Krish Seetah and Sasa Caval (APPLICANT): Consider termination of Lease 9459, a General Lease – Recreational Use and issuance of a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 19225 Highway 1, near Marshall, Marin County; for one existing mooring buoy. CEQA Consideration: categorical exemption. (Lease 9459; A3959; RA# 2022232) (A 12; S 2) (Staff: J. Plovnick)

  35        NAUTILUS DATA TECHNOLOGIES, INC., A DELAWARE CORPORATION (LESSEE/APPLICANT); STOCKTON PACE 2023-1 LLC, A DELAWARE LIMITED LIABILITY COMPANY (FINANCING PROVIDER): Consider termination of an Agreement and Consent to Encumbrance of Lease, and authorization of an Agreement and Consent to Encumbrance of Lease 9510, a General Lease – Industrial Use, of proprietary land located in the San Joaquin River, adjacent to Assessor’s Parcel Number 162-030-07, near Rough and Ready Island, Stockton, San Joaquin County; for an existing barge-mounted, water-cooled data center. CEQA Consideration: not a project. (PRC 9510; A3918; RA# 2022182) (A 13; S 5) (Staff: G. Asimakopoulos)

  36        PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider amendment to Lease 9695, a General Lease – Right-of-Way and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 7895 State Highway 20, near Meridian, Colusa, and Sutter Counties; to convert the lease to a General Lease – Right-of-Way Use and modify the Lease Provisions. CEQA Consideration: not a project. (Lease 9695; RA# 2021105) (A 4; S 1) (Staff: M. Schroeder)

  37        PAUL D. PION AND CARLA L. PION, AS TRUSTEES OF THE PAUL D. PION AND CARLA L. PION REVOCABLE TRUST DATED NOVEMBER 8, 2006 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 4537 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 7197; A3295; RA#2021102) (A 6; S 8) (Staff: S. Avila)

  38        RECLAMATION DISTRICT 2074 (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located along the south bank of Fourteen Mile Slough between Ten Mile Slough and I-5 Freeway Bridge crossing, Stockton, San Joaquin County; for bank protection. CEQA Consideration: categorical exemption. (Lease 7673; A3153; RA# 2021486) (A 13; S 5) (Staff: M. Schroeder)

  39        JONATHAN RITTENBACH (APPLICANT): Consider waiver of rent, penalty and interest; and application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 17484 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 3231; A3131; RA#2021059) (A 9; S 3) (Staff: S. Avila)

  40        SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the American River, adjacent to Assessor’s Parcel Numbers 075-0370-037 and 289-0340-025, near Rancho Cordova, Sacramento County; for an existing non-operational effluent pipeline. CEQA Consideration: categorical exemption. (Lease 4075; A3648; RA# 2021349) (A 6; S 8) (Staff: M. Schroeder)

  41        JEAN L. SCOTT AND JAMES C. ROSS, AS TRUSTEES OF THE JEAN L. SCOTT & JAMES C. ROSS LIVING TRUST DATED JUNE 19, 2017 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 2331 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock with slip and appurtenant facilities and bank protection. CEQA Consideration: categorical exemption. (Lease 5901, A3360; RA# 2021282) (A 6; S 8) (Staff: L. Anderson)

  42        FRANK E. SILVA, JR. AND ANGELA M. SILVA, CO-TRUSTEES, OR THEIR SUCCESSOR(S) IN TRUST, UNDER THE FRANK E. SILVA, JR. AND ANGELA M. SILVA REVOCABLE LIVING TRUST, DATED SEPTEMBER 13, 2013 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 17364 Grand Island Road, near Isleton, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 4809; A3823; RA# 2022181) (A 9; S 3) (Staff: S. Avila)

  43        JILL STEINBACHER AND MICHAEL STEINBACHER (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 13201 River Road, near Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 9035; A3646; RA# 2022150) (A 9; S 3) (Staff: S. Avila)

  44        Caleb Counts (Lessee); Dennis Stephan Jr. and Kyla Stephan (APPLICANT): Consider acceptance of a lease quitclaim deed and issuance of a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 3083 Garden Highway, Sacramento, Sacramento County; for two existing three-pile wood dolphins and 32 wood pilings. CEQA Consideration: categorical exemption. (Lease 5347; A3780; RA# 2022222) (A 6; S 8) (Staff: J. Plovnick)

  45        URSULA WERTZ, SOLE TRUSTEE OF THE WERTZ FAMILY EXEMPTION TRUST, DATED OCTOBER 25, 1989; URSULA WERTZ, SOLE TRUSTEE OF THE WERTZ FAMILY SURVIVORS TRUST; URSULA WERTZ, TRUSTEE OF THE THOMAS WERTZ EXEMPTION TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 37 Boardwalk One, Larkspur, Marin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6354; A3335; RA# 2021239) (A 12; S 2) (Staff: L. Anderson)

Central / Southern Region

  46        THE ABALONE FARM, INC., A CALIFORNIA CORPORATION (LESSEE/ASSIGNOR); HARMONY COAST AQUACULTURE INSTITUTE, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION (APPLICANT/ASSIGNEE): Consider assignment of Lease Number 7326, a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, adjacent to Assessor’s Parcel Number 046-151-009, near Cayucos, San Luis Obispo County; for five existing ocean saltwater intake pipelines. CEQA Consideration: not a project. (Lease 7326; A3656; RA# 2021369) (A 30; S 17) (Staff: G. Asimakopoulos)

  47        CATALINA ISLAND CAMPS, INC. (APPLICANT): Consider application for a General Lease – Commercial Use, of sovereign land located in the Pacific Ocean at Howland’s Landing, Santa Catalina Island, Los Angeles County; for an existing fixed pier, two gangways, three floating boat dock segments, a seasonal swim area, floating swim platform, a mooring stringline, and one individual mooring. CEQA Consideration: categorical exemption. (Lease 6455; RA# 2022158) (A 69; S 24) (Staff: K. Connor)

  48        Nathan Chen and Jennie Chen, Trustees of the Nathan Chen Family Trust (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16641 Carousel Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, and bulkhead protection. CEQA Consideration: categorical exemption. (Lease 8237; A3945; RA# 2022201) (A 72; S 36) (Staff: J. Plovnick)

  49        CITY OF SAN BUENAVENTURA (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, near the City of San Buenaventura, adjacent to Marina Park, Ventura County; for the construction, operation, and maintenance of one 20-inch-diameter outfall pipeline and diffuser with a protective rock revetment cover and concrete ballast weights. CEQA Consideration: Environmental Impact Report, certified by the City of San Buenaventura, State Clearinghouse No. 2017111004, and Addendum, and adoption of a Mitigation Monitoring Program, Statement of Findings and Statement of Overriding Considerations. (A3712; RA# 2022050) (A 38; S 19) (Staff: K. Connor)

  50        COUNTY OF STANISLAUS AND COUNTY OF MERCED (LESSEE/APPLICANT): Consider termination of Lease Number PRC 2563, a General Lease – Public Agency Use; and application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, near Newman, adjacent to Assessor’s Parcel Numbers 049-037-002 and -003 in Stanislaus County and Assessor’s Parcel Numbers 045-280-011 and -012 in Merced County; for the construction, use, and maintenance of a new bridge, known as the Hills Ferry Road Bridge; use of a temporary construction easement; temporary use and maintenance of the existing Hills Ferry Road Bridge (Bridge No. 39C-0001); and the demolition and removal of the existing bridge and concrete piers. CEQA Consideration: Mitigated Negative Declaration, adopted by Stanislaus County, State Clearinghouse No. 2020100593, and adoption of a Mitigation Monitoring Program. (Lease 2563; A3784; RA# 2022079) (A 22; S 4) (Staff: J. Toy)

  51        DRT, INVESTMENTS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16862 Coral Cay Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 5811; A3368; RA# 2021267) (A 72; S 36) (Staff: L. Ward)

  52        Emerald Bay Community Association (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Pacific Ocean, Gulf of Santa Catalina, at Emerald Bay, adjacent to 600 Emerald Bay, Laguna Beach, Orange County; for seven existing seasonal marker buoys and three existing seasonal swimmer safety lines. CEQA Consideration: categorical exemption. (Lease 4513; A3718; RA# 2022151) (A 72; S 36, 37) (Staff: J. Plovnick)

  53        MERCED IRRIGATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Merced River, adjacent to Assessor’s Parcel Numbers 043-080-007, -008 (Cowell 1 Site); 042-240-021, -012 (Cowell 2 Site); and 043-020-023, 043-050-015 (Cuneo Site), near Snelling, Merced County; for grading and placement of gravel, cobble, and fish screens, as part of the Merced River Agricultural Diversion and Fish Habitat Enhancement Project. CEQA Consideration: Mitigated Negative Declaration, adopted by the Merced Irrigation District, State Clearinghouse No. 2022010622, and adoption of a Mitigation Monitoring Program. (A3897; RA# 2022165) (A 22; S 4) (Staff: J. Toy)

  54        Simon B. Rayhanabad and Kelarice Rayhanabad, as Co-Trustees of the Simon B. Rayhanabad and Kelarice Rayhanabad Trust, established March 9, 1995 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16591 Carousel Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, and bulkhead protection. CEQA Consideration: categorical exemption. (Lease 3578; A3909; RA# 2022195) (A 72; S 36) (Staff: J. Plovnick)

  55        SOUTHERN CALIFORNIA EDISON COMPANY (APPLICANT): Consider application for a General Lease – Industrial Use, of sovereign land located in the Pacific Ocean, near the southeast coast of Santa Catalina Island, Los Angeles County; for two source saltwater wells, buried water pipeline and electrical conduit, two well heads on concrete pads, a fence, and the improvement and enhancement of a portion of a rock rip rap revetment. CEQA Consideration: categorical exemptions. (Lease 8330; RA# 2021322) (A 69; S 24) (Staff: D. Simpkin)
Removed from the agenda 04/06/2023.

  56        KENNETH M. WALKER AND TAMI L. WALKER, TRUSTEES OF THE KENNETH M. AND TAMI L. WALKER FAMILY TRUST DATED OCTOBER 14, 2003 (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Pacific Ocean, adjacent to 3398 Pacific Coast Highway, San Buenaventura, Ventura County; for an existing concrete seawall with a wave deflection cap. CEQA Consideration: categorical exemption. (Lease 8126; RA# 2022137) (A 38; S 19) (Staff: K. Connor)

School Lands

  57        AT&T CORP., A WHOLLY-OWNED SUBSIDIARY OF SBC COMMUNICATIONS, INC. (LESSEE): Consider revision of rent to Lease Number PRC 7202, a General Lease – Right-of-Way Use, of State school land located in a portion of Section 36, Township 18 North, Range 16 East, MBM, near Truckee, Nevada County; for a fiber optic communication cable. CEQA Consideration: not a project. (PRC 7202) (A 1; S 1) (Staff: V. Caldwell)

  58        CALPORTLAND COMPANY (LESSEE): Consider amendment of Lease 9504, a General Lease – Right-of-Way Use, of State-owned school land located in the East ˝ of the Northwest Ľ of Section 36, Township 10 North, Range 13 West, SBM, northwest of Rosamond, Kern County; to widen an existing unpaved access road. CEQA Consideration: Environmental Impact Report, certified by Kern County, State Clearinghouse No. 2021110076, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (Lease 9504; RA# 2019201) (A 34, 36; S 12, 16) (Staff: D. Simpkin)

  59        KARUK TRIBE (APPLICANT): Consider application for a General Lease – Right-of-Way Use, on State-owned indemnity school lands, in a portion of section 28, T9N, R3E, HM along Bald Hills Road, located between Weitchpec and Orick, Humboldt County; for installation, operation, and maintenance of two fiber optic cables. CEQA Consideration: Mitigated Negative Declaration, adopted by the California Public Utilities Commission, State Clearinghouse No. 2022060515, and adoption of a Mitigation Monitoring Program. (A3459; RA# 2021212) (A 2; S 2) (Staff: D. Simpkin)
Exhibit revised 03/30/2023.

  60        MP MINE OPERATIONS, LLC (LESSEE): Consider revision of rent to Lease Number PRC 6375, a General Lease – Right-of-Way Use, of State school land located in a portion of Section 16, Township 16 North, Range 13 East, SBM, near Mountain Pass, San Bernardino County; for a buried potable water transportation line. CEQA Consideration: not a project. (PRC 6375) (A 34; S 19) (Staff: V. Caldwell)

  61        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rent to Lease Number PRC 4511, a General Lease – Right-of-Way Use, of State school land located in a portion of Section 16, Township 24 South, Range 38 East, MBM, near Little Lake, Inyo County; for an overhead distribution line, five wood poles, and three steel towers. CEQA Consideration: not a project. (PRC 4511) (A 8; S 4) (Staff: V. Caldwell)

  62        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rent to Lease Number PRC 9093, a General Lease – Right of Way Use, of State school land located in a portion of Section 16, Township 24 South, Range 38 East, MBM, near Little Lake, Inyo County; for an overhead transmission line and four steel towers. CEQA Consideration: not a project. (PRC 9093) (A 8; S 4) (Staff: V. Caldwell)

Mineral Resources Management

  63        CITY OF LONG BEACH (GRANTEE): Consider approval of subsidence monitoring costs for vertical measurements and studies for the 2023-2024 Fiscal Year, City of Long Beach, Los Angeles County. CEQA Consideration: categorical exemption. (W 10443) (A 70; S 33, 34) (Staff: H. Rassamdana)

  64        CITY OF LONG BEACH (GRANTEE): Consider acceptance of the First Modification and Supplement 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)

Marine Environmental Protection

·         No items for this section.

Administration

·         See Regular Calendar.

Legal

  65        CALIFORNIA STATE LANDS COMMISSION; CALIFORNIA DEPARTMENT OF WATER RESOURCES (PARTIES): Consider rescission of authorizations to accept a Transfer of Jurisdiction and to enter into a Memorandum of Agreement with the California Department of Water Resources related to a proposed carbon capture and sequestration project on state-owned lands at Sherman Island, Sacramento County. CEQA Consideration: not a project. (A 11; S 3) (Staff: A. Kershen, D. Simpkin)

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No items for this section.

External Affairs

Granted Lands

·         No items for this section.

VI.       Informational Calendar 66

  66        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)

VII.     Regular Calendar 67-71

  67        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)

  68        CALIFORNIA STATE LANDS COMMISSION: Consider supporting H.R. 1452 introduced in the 118th Congress by Representative Garamendi, legislation that would require the United States Coast Guard to release ballast water treatment system type approval data to any State, the District of Columbia, or United States territory upon request. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

  69        CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 655 (Petrie-Norris), which would prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration, all salt water algae of the genus Caulerpa, except possession for bona fide scientific research. CEQA Consideration: not a project. (A & S Statewide). (Staff: S. Pemberton)

  70        CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider authorizing the Executive Officer or her designee to enter into cooperative agreements with cities, counties, and other state or local governments, departments, or entities to address situations and concerns related to the unhoused on State-owned sovereign or school lands. CEQA Consideration: not a project. (A & S: Statewide) (Staff: Y. Ramirez, C. Connor)

·         Public Comment

  71        CITY OF LONG BEACH (GRANTEE): Consider acceptance of the Long Beach Unit Program Plan (July 1, 2023, through June 30, 2028), and the Annual Plan (July 1, 2023, through June 30, 2024), Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 17166) (A 70; S 33, 34) (Staff: J. Abedi)

·         Public Comments

VIII.   Public Comment

IX.       Commissioners’ Comment

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, 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)