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 3:00 p.m. on Friday, August 4, 2023

REGULAR MEETING

Agenda

VOTING RECORD

August 17, 2023

Tsakopoulos Library Galleria

East Room

828 I Street

Sacramento, California 95814

10:00 a.m.

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

·         ELENI KOUNALAKIS, LIEUTENANT GOVERNOR

·         KRISTINA KUNKEL, DEPUTY STATE CONTROLLER AND ALTERNATE FOR STATE CONTROLLER MALIA M. COHEN

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

VOTE:

·         The minutes of the JUNE 5, 2023 meeting were approved by a vote of 3-0 (KOUNALAKIS–yes; KUNKELYES; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEMS 31, 47, AND 55 WERE REMOVED FROM CONSIDERATION

·         cONSENT ITEMS 01-30, 32-38, 40-46, 48-54, AND 56-60 WERE aPPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; KUNKEL–YES; MILLER–YES)

·         cONSENT ITEM 39 WAS aPPROVED AS PRESENTED BY A VOTE OF 2-0 (KOUNALAKIS–abstained; KUNKEL–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 61 – WAS INFORMATIONAL – NO VOTE REQUIRED

REGULAR CALENDAR:

·         iTEM 62 – PRESENTATION WAS MADE. item was INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 63 – PRESENTATION WAS MADE. ITEM WAS informational – no vote required

·         ITEM 64 – PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

CLOSED SESSION:

·          ITEM 61 – 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 EXISTING OFFSHORE OIL AND GAS PIPELINES TRAVERSING STATE WATERS ASSOCIATED WITH THE SANTA YNEZ UNIT IN FEDERAL WATERS, OFFSHORE SANTA BARBARA COUNTY.

This State Lands Commission meeting will be conducted in a hybrid format, with public participation possible both virtually through the Zoom platform and in person. 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/84049861910.

Join the meeting by phone using the following call-in numbers: 1 (669) 900-6833 or 1 (408) 638-0968 and use the Webinar ID: 840 4986 1910.

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.            10:00 a.m. – Open Session

II.          Public Comment

Public comments will be heard 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 June 5, 2023 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:

·         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 01-60

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        LEE AND BARBARA ARIOTO, TRUSTEES OF THE LEE AND BARBARA ARIOTO REVOCABLE TRUST; KRISTIE CARLINE AND JOHN H. KENNEDY, TRUSTEES OF THE KENNEDY FAMILY CREDIT TRUST; MARK KENNEDY ALLEN, TRUSTEE OF THE MARK KENNEDY ALLEN LIVING TRUST; AND MICHAEL J. ALLEN, TRUSTEE OF THE MICHAEL J. ALLEN 2018 REVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5240 West Lake Boulevard, Homewood, Placer County; for one existing mooring buoy not previously authorized by the Commission, and the installation and use of one mooring buoy. CEQA Consideration: categorical exemptions. (A4103; RA# 2022298) (A 1; S 1, 4) (Staff: M. Waldo)

  02        ALAN K. AUSTIN, TRUSTEE OF THE AA QPRT DATED DECEMBER 16, 2020; MARIANNE P. AUSTIN, TRUSTEE OF THE MA QPRT DATED DECEMBER 16, 2020; AND ERIC S. O’BRIEN AND SUZANNE D. O’BRIEN, TRUSTEES OF THE O’BRIEN FAMILY TRUST DATED DECEMBER 29, 2003 (APPLICANT): Consider application for a General Lease –Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 850 and 860 West Lake Boulevard, near Tahoe City, Placer County; for an existing joint-use pier, two boat lifts, and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 5801; A4028; RA# 2022256) (A 1; S 1, 4) (Staff: L. Ward)

  03        CITY OF PETALUMA (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Petaluma River, adjacent to Assessor’s Parcel Numbers 007-156-001, 007-700-006, 008-069-001, and 008-121-021, Petaluma, Sonoma County; for an existing bridge. CEQA Consideration: categorical exemption. (Lease 7955; A3545; RA# 2021258) (A 12; S 2, 3) (Staff: J. Holt)

  04        CITY OF PETALUMA (LESSEE): Consider amendment of Lease Number PRC 5607, a General Lease – Public Agency Use, of sovereign land located in the Petaluma River, at the Petaluma River Turning Basin, adjacent to 150 Weller Street, Petaluma, Sonoma County; to authorize periodic maintenance dredging and reconstruction of a dock and appurtenant facilities. CEQA Consideration: categorical exemptions. (PRC 5607; RA# 2022024) (A 12; S 2, 3) (Staff: N. Lee)

  05        DOMINGO PROPERTIES, LLC; DAVID J. SACA; PURPLE HOUR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (LESSEE); ELGH 1 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; PURPLE HOUR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; 3755 BELLEVIEW, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider termination of General Lease – Recreational Use Lease Number PRC 3599; and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3755, 3765, and 3775 Belleview Avenue, near Homewood, Placer County; for an existing joint-use pier, two boat lifts, and three mooring buoys. CEQA Consideration: categorical exemption. (Lease 3599; A3231; RA# 2021039) (A 1; S 1, 4) (Staff: L. Anderson)

  06        SCOTT GRANT DOUGLASS AND CARA EVA DOUGLASS, CO-TRUSTEES OF THE DOUGLASS REVOCABLE TRUST U/A/D JUNE 15, 2018 (APPLICANT): Consider Recission of Approval of a General Lease – Recreational Use and Issuance of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8425 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5622; A3768; RA# 2022063) (A 1; S 1, 4) (Staff: M. Waldo)

  07        BRADLEY A. GEIER AND CATHY C. GEIER, TRUSTEES OF THE GEIER FAMILY TRUST DATED MAY 8, 2003 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2750 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exception. (Lease 9101; A4120; RA# 2022311) (A 1; S 1, 4) (Staff: D. Romero)

  08        HERBERT H. HOOPER, D.D.S, SURVIVING TRUSTEE OF THE 2007 HOOPER FAMILY REVOCABLE TRUST (LESSEE); WILLIAM P. WALSH AND MARGRET M. WALSH (APPLICANT): Consider termination of Lease Number 4056, a General Lease – Recreational Use; and an application for General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6073 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse with boat hoist, sundeck with stairs, and one mooring buoy. CEQA Consideration: categorical exception. (Lease 4056; A4108; RA# 2022304) (A 1; S 1, 4) (Staff: D. Romero)

  09        JOSEPH A. MCCARTHY, TRUSTEE OF THE JOSEPH A. MCCARTHY REVOCABLE TRUST DATED JUNE 22, 1998; JOHN F. BRENNAN; AND LISA BRENNAN (LESSEE): Consider amendment of Lease Number 3652, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4170 and 4176 Ferguson Avenue, near Carnelian Bay, Placer County; for the rehabilitation and expansion of an existing joint-use pier; installation of two adjustable catwalks, deck lighting, and electrical service; and relocation of two boat lifts. CEQA Consideration: categorical exemption. (Lease 3652; A3538; RA# 2021255) (A 1; S 1, 4) (Staff: J. Plovnick)

  10        THE NAPA YACHT CLUB HOMEOWNERS ASSOCIATION (APPLICANT): Consider application for a General Lease – Dredging, of sovereign land in the Napa River at the entrance channel to the Napa Yacht Harbor marina, Napa, Napa County; for maintenance dredging. CEQA Consideration: categorical exemption. (A4081; RA# 2022291) (A 4; S 3) (Staff: J. Holt)

  11        MARK B. NELSON, TRUSTEE OF THE WILBORN CHILDREN'S TRUST AND LORIE L. WILBORN, TRUSTEE OF THE NELSON HERITAGE TRUST (LESSEE): Consider amendment of Lease Number 5353, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4200 North Lake Boulevard, Carnelian Bay, Placer County; for the removal of a boat hoist; and the use of an existing pier and boat lift; and the addition of one existing mooring buoy. CEQA Consideration: categorical exemption. (Lease 5353; A3835; RA# 2022110) (A 1; S 1, 4) (Staff: M. Waldo)

  12        PACIFIC GAS AND ELECTRIC (COMPANY): Consider amendment of Lease Number 5438-B, adoption of a Mitigated Negative Declaration, and issuance of a General Lease – Right-of-Way Use, of sovereign land in the Petaluma River, adjacent to 3393 Petaluma Boulevard South, near Petaluma, Sonoma County; for installation of a Horizontal Directionally Drilled gas pipeline and decommissioning and removal of two existing parallel gas pipelines. CEQA Consideration: Mitigated Negative Declaration, State Clearinghouse Number 2023060440, and adoption of a Mitigation Monitoring Program. (Lease 5438-B; A2562; RA# 2019279) (A 12; S 2, 3) (Staff: M. Schroeder)
Staff report revised 08/10/2023.

  13        SANDRO SANGIACOMO AND JEANNE M. SANGIACOMO (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4190 Ferguson Avenue, near Carnelian Bay, Placer County; for an existing pier and boathouse with boat lift, sundeck with stairs, boat hoist, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5122; A2741; RA# 2020033) (A 1; S 1, 4) (Staff: L. Anderson)

  14        SECOND MANASSAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (LESSEE/APPLICANT): Consider acceptance of a lease quitclaim deed and issuance of a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 833 Stateline Avenue, South Lake Tahoe, El Dorado County; for an existing pier and one mooring buoy, removal and replacement of an existing catwalk with adjustable catwalk and ramp, and installation of a boat lift. CEQA Consideration: categorical exemptions. (Lease 5281; A3612; RA# 2021320) (A 1; S 1, 4) (Staff: L. Anderson)

  15        SIERRAGLOW LTD (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6770 West Lake Boulevard, near Homewood, Placer County; for an existing pier, boat lift, and two mooring buoys previously authorized by the Commission, and one mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exception. (Lease 4923; A4064; RA# 2022271) (A 1; S 1, 4) (Staff: D. Romero)

  16        SMITH RIVER ALLIANCE (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in the Smith River, adjacent to Assessor’s Parcel Number 103-010-009, near Smith River, Del Norte County; for habitat restoration. CEQA Consideration: categorical exemption. (A4096; RA# 2022361) (A 2; S 2) (Staff: S. Avila)

  17        SONOMA RESOURCE CONSERVATION DISTRICT (APPLICANT): Consider application for a General Lease – Dredging, of sovereign land in the beds of San Pablo Bay, Petaluma River, San Antonio Creek, Novato Creek, Sonoma Creek, Tolay Creek, Napa Slough, Second Napa Slough, Third Napa Slough, Hudeman Slough, Steamboat Slough, Schell Slough, and Railroad Slough, in Marin and Sonoma Counties; for maintenance dredging. CEQA Consideration: categorical exemption. (Lease 6675; A3924; RA# 2022255) (A 4, 12; S 2, 3) (Staff: J. Holt)

  18        STELLAR NEVADA KB, LLC, A NEVADA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8656 Brockway Vista Avenue, near Kings Beach, Placer County; for one mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (A4102; RA# 2022301) (A 1; S 1, 4) (Staff: L. Ward)

  19        LAURIE STRUCK, TRUSTEE OF THE LAURIE STRUCK TRUST DATED JANUARY 11, 2001; SHELL LANE LLC, A DELAWARE LIMITED LIABILITY COMPANY; AND LOS ESTEROS ASSOCIATES, LIMITED PARTNERSHIP AGREEMENT. (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5070, 5080 and 5090 West Lake Boulevard, near Homewood, Placer County; for the construction and use of a joint-use pier. CEQA Consideration: categorical exemption. (A3940; RA# 2022196) (A 1; S 1, 4) (Staff: M. Waldo)

  20        TAHOE CITY PUBLIC UTILITY DISTRICT (PERMITTEE): Consider amendment of Permit Number PRC 2754, a General Permit – Public Agency Use, of sovereign land located in Lake Tahoe, adjacent to 2500 Lake Forest Road, near Tahoe City, Placer County; to authorize periodic maintenance dredging. CEQA Consideration: categorical exemption. (Permit 2754; A3901; RA# 2022188) (A 1; S 1, 4) (Staff: S. Avila)

  21        TAHOE MEADOWS, A CORPORATION, DBA TAHOE MEADOWS ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to adjacent to APN 029-090-001 in South Lake Tahoe, El Dorado County; for 46 mooring buoys, swim float, and swim area; and removal of unauthorized mooring anchors. CEQA Consideration: categorical exemption. (Lease 4268; A3212; RA# 2021163) (A 1; S 1,4) (Staff: L. Anderson)

  22        W. GROUP HOLDINGS IV, LLC (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4260 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse, and two boat lifts. CEQA Consideration: categorical exception. (Lease 4182; A3986; RA# 2022236) (A 1; S 1, 4) (Staff: D. Romero)

Bay / Delta Region

  23        MICHAEL J. ARNOLD, TRUSTEE OF THE MICHAEL J. ARNOLD REVOCABLE TRUST DATED JANUARY 12, 2016 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 10437 Garden Highway, near Sacramento, Sutter County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8608; A3967; RA# 2022218) (A 3; S 6) (Staff: L. Anderson)

  24        GENON DELTA, LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE); BB ANTIOCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 50% TENANT-IN-COMMON INTEREST; AND ANTIOCH REAL ESTATE MEMBER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 50% TENANT-IN-COMMON INTEREST (APPLICANT): Consider acceptance of a Lease Quitclaim Deed for Lease Number PRC 415.1, a General Lease – Industrial Use; and application for a General Lease – Industrial Use, of sovereign land located in the San Joaquin River, adjacent to 3201 Wilbur Avenue, Antioch, Contra Costa County; for an existing cooling water intake facility, and an offloading barge dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 415; A3899; RA# 2022187) (A 15; S 7) (Staff: G. Asimakopoulos)

  25        AARON BEAVER AND NATALIE BEAVER, TRUSTEES OF THE AARON BEAVER AND NATALIE BEAVER AB LIVING TRUST, DATED 4/15/08 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 14400 State Highway 160, Walnut Grove, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8625; A3827; RA# 2022287) (A 9; S 3) (Staff: M. Waldo)

  26        FRANK M. CARSON, JR. (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 6057 Garden Highway, near Sacramento, Sacramento County; for existing bank protection previously authorized by the Commission; and reconstruction of an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemptions. (Lease 9044; A3913; RA# 2022175) (A 9; S 3) (Staff: L. Anderson)

  27        CITY OF PACIFICA (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, adjacent to 528 to 572 Esplanade Avenue, Pacifica, San Mateo County; for an existing rock revetment. CEQA Consideration: categorical exemption. (Lease 8438; RA# 2022038) (A 23; S 13) (Staff: K. Connor)

  28        CITY OF STOCKTON (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Twelve Mile Slough, Ten Mile Slough, San Joaquin River, and the Stockton Deep Water Channel, Stockton, San Joaquin County; for existing sewer pipelines. CEQA Consideration: categorical exemption. (Lease 7632; RA# 2020434) (A 13; S 5) (Staff: M. Schroeder)

  29        FIRST AMERICAN TITLE INSURANCE COMPANY, A NEBRASKA CORPORATION (LESSEE/ASSIGNOR); DUNARD FUND USA, LTD., AN ILLINOIS NOT-FOR-PROFIT CORPORATION (APPLICANT/ASSIGNEE): Consider assignment of Lease Number PRC 5363, a General Lease – Right-of-Way Use, of sovereign tide and submerged lands located in San Francisco Bay, adjacent to Assessor’s Parcel Numbers 033-391-100, 033-391-110, 094-130-010, 096-120-240, 096-120-280, 096-120-300, 096-120-370, and 096-120-380, near Foster City and San Mateo, San Mateo County; for an accessway for ingress and egress and the passage of vehicles, utilities, equipment, and pedestrians. CEQA Consideration: not a project. (Lease 5363; A3864; RA# 2022129) (A 21; S 13) (Staff: G. Asimakopoulos)

  30        FIRST AMERICAN TITLE INSURANCE COMPANY, A NEBRASKA CORPORATION (LESSEE/ASSIGNOR); FIRST AQUATIC DATA SYSTEMS, LLC, A DELAWARE LIMITED LIABILITY COMPANY (APPLICANT/ASSIGNEE): Consider assignment of Lease Number PRC 5362, a General Lease – Right-of-Way Use, of sovereign tide and submerged lands located in San Francisco Bay, adjacent to Assessor’s Parcel Numbers 096-120-280 and 096-130-999, near Foster City and San Mateo, San Mateo County; for an accessway for ingress and egress and the passage of vehicles, utilities, equipment, and pedestrians. CEQA Consideration: not a project. (Lease 5362; A3868; RA# 2022152) (A 21; S 13) (Staff: G. Asimakopoulos)

  31        GEORGIA-PACIFIC GYPSUM, LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE/APPLICANT): Consider acceptance of a Lease Quitclaim Deed for Lease Number PRC 1589.1, 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; and the removal and replacement of industrial wharf components. CEQA Consideration: categorical exemptions. (Lease 1589; A3706; RA# 2022040) (A 15; S 7) (Staff: G. Asimakopoulos)
Removed from the agenda 08/09/2023.

  32        JAMES R. HANLEY AND KATHRYN R. HANLEY, TRUSTEES OF THE J&K HANLEY FAMILY TRUST, DATED NOVEMBER 7, 2019 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Calaveras River, adjacent to 4357 Yacht Harbor Drive, near Stockton, San Joaquin County; for an existing boat dock, appurtenant facilities, and bank protection previously authorized by the Commission, and an existing watercraft float and boat lift not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 4669; A3905; RA# 2020444) (A 13; S 5) (Staff: S. Avila)

  33        PAULA C. HENDERSON AND PAMELA C. HENDERSON (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Steamboat Slough, adjacent to 13922 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, gangway, boat launch ramp, and bank protection previously authorized by the Commission; and a portion of an existing deck not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 6977; A2866; RA# 2020428) (A 9; S 3) (Staff: S. Avila)

  34        KNOB HILL MINES INC., DBA HASTINGS ISLAND LAND COMPANY (LESSEE): Consider a revision of rent and bond to Lease Number PRC 3323, a General Lease – Right-of-Way Use, of sovereign land located in Lindsey Slough, near Rio Vista, Solano County; for a vehicular bridge and telecommunication cable. CEQA Consideration: not a project. (PRC 3323) (A 11; S 3) (Staff: V. Caldwell)

  35        CHRISTOPHER LANZAFAME AND NANCY D. LANZAFAME, CO-TRUSTEES OF THE LANZAFAME FAMILY LIVING TRUST, U/A DATED NOVEMBER 28, 2014 (APPLICANT): Consider issuance of a General Lease – Recreational Use, of sovereign land located in Spoonbill Slough, adjacent to Assessor’s Parcel Number 0090-060-270, near Pittsburg, Solano County; for three existing boat docks and appurtenant facilities, and three gangways. CEQA Consideration: categorical exemption. (Lease 4938; A3793; RA# 2022072) (A 11; S 3) (Staff: J. Plovnick)

  36        MARATHON PETROLEUM (APPLICANT): Consider application for a General Lease – Dredging, of sovereign land in the Carquinez Strait at Marathon Avon Marine Oil Terminal, near Martinez, Contra Costa County; for maintenance dredging. CEQA Consideration: categorical exemption. (Lease 8551; RA# 2022109) (A 15; S 7) (Staff: M. Schroeder)

  37        JEFFREY A. OMAND AND DIANE DEARY OMAND, TRUSTEES OF THE DIANE DEARY OMAND AND JEFFREY A. OMAND FAMILY REVOCABLE TRUST DATED JULY 21, 1992 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 6770 Arabella Way, Sacramento, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 8490; A4094; RA# 2022319) (A 10; S 8) (Staff: M. Waldo)

  38        PHILLIPS 66 COMPANY (LESSEE): Consider amendment of Lease Number PRC 600, a General Lease – Industrial Use, of sovereign land in the Carquinez Strait, near Rodeo, Contra Costa County; to expand authorized uses to include transfer of renewable fuels and feedstocks, to install a Metocean Monitoring Buoy System, and to modify the butane rail rack. CEQA Consideration: Environmental Impact Report, certified by Contra Costa County, State Clearinghouse No. 2020120330; adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (PRC 600; RA# 2022035) (A 14; S 9) (Staff: M. Schroeder)

  39        RECLAMATION DISTRICT 2108 (APPLICANT): Consider application for a General Lease – Public Agency Use and Dredging, of sovereign land in the San Joaquin River at the entrance to Tinsley Island, near Stockton, San Joaquin County; for maintenance dredging and three marker buoys. CEQA Consideration: categorical exemptions. (A4033; RA# 2022280) (A 13; S 5) (Staff: J. Holt)

  40        RIVERBANK HOLDING COMPANY, LLC (LESSEE): Consider a revision of rent and bond to Lease Number PRC 6427, a General Lease – Commercial Use, of sovereign land located in the Sacramento River, adjacent to 1371 Garden Highway, near Sacramento, Sacramento County; for a commercial marina.  CEQA Consideration: not a project. (PRC 6427) (A 8; S 6) (Staff: V. Caldwell)

  41        Brennan Michael Rose, Trustee of the Brennan Michael Rose Irrevocable Family Trust; and Ragen Rachelle Ortland, Trustee of the Ragen Rachelle Ortland Irrevocable Family Trust (APPLICANT): Consider issuance of a General Lease – Recreational and Protective Structure Use, of sovereign land located in Steamboat Slough, adjacent to 13914 Grand Island Road, Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 7023; A4053; RA# 2022263) (A 9; S 3) (Staff: J. Plovnick)

  42        WICKLAND PIPELINES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Sacramento River, adjacent to Assessor’s Parcel Numbers 042-320-035 in Yolo County and 225-0102-047 in Sacramento County; for one existing jet fuel pipeline. CEQA Consideration: categorical exemption. (Lease 8415; A3639; RA# 2021344) (A 4, 6; S 3, 8) (Staff: J. Holt)

  43        JOHN O. WYATT, TRUSTEE OF THE JOHN O. WYATT, JR. TRUST, INITIALLY ESTABLISHED ON AUGUST 14, 2001 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located on the Sacramento River, adjacent to 14060 State Highway 160, near Walnut Grove, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 7604; A3457; RA# 2021372) (A 9; S 3) (Staff: L. Ward)

Central / Southern Region

  44        CITY OF SAN CLEMENTE (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, near San Clemente and Oceanside, Orange and San Diego Counties; for dredging in the Pacific Ocean from borrow site designated SO-9 near Oceanside, and deposition of dredged materials consisting of 251,000 cubic yards of compatible sediment every six years on average along approximately 3,400 feet of shoreline in the City of San Clemente under the Coastal Storm Damage Reduction Project/San Clemente Shoreline Protection Project. CEQA Consideration: Environmental Impact Statement/Environmental Impact Report, certified by the City of San Clemente, State Clearinghouse No. 2010084002; adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (A3750; RA# 2022075) (A 73, 76; S 36) (Staff: K. Connor)

·         Public Comment(s)

  45        CITY OF SOLANA BEACH (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land in the Pacific Ocean, Solana Beach, San Diego County; for deposition of a maximum of 150,000 cubic yards of material annually at Fletcher Cove under the City of Solana Beach Opportunistic Beach Fill Program. CEQA Consideration: Mitigated Negative Declaration, adopted by the City of Solana Beach, State Clearinghouse No. 2008021047. (Lease 7938; RA# 2022207) (A 77; S 38) (Staff: K. Connor)

  46        JAMES A. CACCAVO AND KIMBERLY J. CACCAVO, OR THEIR SUCCESSORS, AS TRUSTEES OF THE JAMES AND KIMBERLY CACCAVO FAMILY TRUST DATED FEBRUARY 17, 2002 (LESSEE/ASSIGNOR); HELGA FRITZ, AS TRUSTEE UNDER THAT CERTAIN DECLARATION OF TRUST DATED JANUARY 20, 1977, AS AMENDED, KNOWN AS THE FRITZ FAMILY TRUST (APPLICANT/ASSIGNEE): Consider assignment of a General Lease – Protective Structure Use, of sovereign land located adjacent to 417 Pacific Avenue, Solana Beach, San Diego County; for an existing seawall and a portion of a seacave/notch fill. CEQA Consideration: not a project. (Lease 8811; RA# 2022276) (A 77; S 38) (Staff: K. Connor)

  47        DEL JUNCO CHILDREN’S 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 16592 Somerset Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (Lease 3170; A4107; RA# 2022302) (A 72; S 36) (Staff: J. Plovnick)
Removed from the agenda 08/09/2023.

  48        BRADLEY E. MUGG AND JILL A. MUGG, AS TRUSTEES OF THE MUGG FAMILY TRUST DATED DECEMBER 13, 2018 (APPLICANT): Consider termination of a General Lease – Protective Structure Use and consider application for a General Lease – Protective Structure Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 3322 Venture Drive, Huntington Beach, Orange County; for existing submerged slope protection. CEQA Consideration: categorical exemption. (Lease 8299; A3314; RA# 2021095) (A 72; S 36) (Staff: L. Ward)

  49        PHILLIPS 66 COMPANY (LESSEE): Consider revision of rent and bond to Lease Number PRC 1449, a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near Arroyo Grande, San Luis Obispo County; for an existing wastewater outfall pipeline with diffusers and an abandoned-in-place outfall pipeline. CEQA Consideration: not a project. (PRC 1449) (A 37; S 21) (Staff: V. Caldwell)

  50        POINT ARGUELLO NATURAL GAS LINE COMPANY (LESSEE): Consider continuation of rent and revision of surety bond to Lease Number PRC 6943, a General Lease – Right of Way Use, of sovereign land located in the Pacific Ocean, near Point Conception, Santa Barbara County; for an existing natural gas pipeline. CEQA Consideration: not a project. (PRC 6943) (A 37; S 21) (Staff: V. Caldwell)

  51        POINT ARGUELLO PIPELINE COMPANY (LESSEE): Consider continuation of rent and revision of surety bond to Lease Number PRC 6942, a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near Point Conception, Santa Barbara County; for an existing oil pipeline. CEQA Consideration: not a project. (PRC 6942) (A 37; S 21) (Staff: V. Caldwell)

  52        Lester A. Walker, III and Maria Elena Walker (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 3502 Venture Drive, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, and submerged slope protection. CEQA Consideration: categorical exemption. (Lease 8966; A3591; RA# 2021345) (A 72; S 36) (Staff: L. Ward)

School Lands

  53        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider rescission of previous authorization and reauthorization, acting as trustee of the School Land Bank Fund, for the sale and subsequent issuance of a patent to the State of California, Department of Transportation, (Caltrans), for 6.99-acres, more or less, of indemnity school lands located along State Highway 247 in Sections 3, 4, and 10, Township 3 North, Range 4 East, SBM, east of the community of Lucerne Valley, San Bernardino County. CEQA Consideration: Mitigated Negative Declaration, adopted by the California Department of Transportation, State Clearinghouse No. 2022040204. (SA 5776; RA# 2022117) (A 34; S 12) (Staff: D. Simpkin)

  54        HEINZ RANCH, LLC; WESTERN LAND OFFICE, LLC; CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider authorizing, acting as trustee of the School Land Bank Fund, the Honey Lake Access and Public Utilities Easement Exchange Agreement related to easements benefitting school lands located near Honey Lake in Sections 32, 33, 34, and 35, Township 28 North, Range 15 East, Sections 3, 4, 9, 13, 14, 15, 23, 25, and 27,  Township 27 North, Range 15 East, and Sections 17, 18, and 20, Township 27 North, Range 16 East, MDM, Lassen County. CEQA Consideration: statutory exemption. (AD 691; RA# 2020408) (A 1; S 1) (Staff: D. Simpkin)

  55        KARUK TRIBE (APPLICANT): Consider rescission of previous Lease Authorization and reauthorization of a General Lease – Public Agency 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 and use 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)
Removed from the agenda 08/09/2023.

Mineral Resources Management

  56        EGS AMERICAS, INCORPORATED (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct geophysical surveys on granted and ungranted tidelands and submerged lands statewide, from the mean high tide line to 3 miles offshore. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A4127; RA# 2022327) (A & S: Statewide) (Staff: C. Fox)

  57        SUBCOM, LLC (APPLICANT): Consider application for a General Offshore Geophysical Survey Permit to conduct geophysical surveys on granted and ungranted tidelands and submerged lands statewide, from the mean high tide line to 3 miles offshore. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2013072021. (A4164; RA# 20222369) (A & S: Statewide Offshore) (Staff: C. Fox)

  58        SUBCOM, LLC (APPLICANT): Consider application for a General Offshore Geologic Permit to conduct geological surveys on granted and ungranted tide and submerged lands statewide, from the mean high tide line to 3 miles offshore, under the jurisdiction of the California State Lands Commission. CEQA Consideration: categorical exemption. (A4173; RA# 2022370) (A & S: Statewide Offshore) (Staff: C. Fox)

Marine Environmental Protection

·         No items for this section.

Administration

·         No items for this section.

Legal

  59        SALT RIVER CONSTRUCTION CORPORATION (PARTY): Consider taking title to and authorizing the removal and disposal of three abandoned vessels on sovereign lands in Fraser Shoal, Broad Slough, Sacramento County, and authorizing staff to negotiate and enter a settlement agreement. CEQA Consideration: categorical exemptions. (A 11; S 3) (Staff: A. Kershen, V. Caldwell)

  60        CLAUS VON WENDEL (PARTY): Consider taking title to and authorizing the removal and disposal of an abandoned vessel on sovereign lands in Mayberry Slough, near Donlon Island, Sacramento County. CEQA Consideration: categorical exemptions. (A 11; S 3) (Staff: A. Kershen, V. Caldwell)

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No items for this section.

External Affairs

Granted Lands

·         No items for this section.

VI.       Informational Calendar

  61        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 existing offshore oil and gas pipelines traversing state waters associated with the Santa Ynez Unit in federal waters, offshore Santa Barbara County. Negotiating Parties: State Lands Commission and ExxonMobil. Under negotiation: price and terms. CEQA Consideration: not a project. (Lease No. PRC 4977 and Lease No. PRC 7163) (A 37; S 19)

VII.     Regular Calendar 62-64

  62        CALIFORNIA STATE LANDS COMMISSION: Discussion and possible action on state legislation relevant to the California State Lands Commission. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

  63        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Draft informational report on shoreline adaptation to climate change, describing the advantages and disadvantages of different shoreline protection strategies in relation to public trust tidelands and uses. The report makes recommendations for Commission staff to consider when reviewing lease applications for shoreline protection. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: M. Wells, M. Farnum)

·         Public Comment(s)

  64        CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Informational report updating the Commission on staff activities associated with offshore wind energy generation planning, including the release of the Port Readiness Plan and Workforce Development Readiness Plan, which will inform the AB 525 strategic plan for offshore wind energy development. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: A. Vierra, M. Koller)

·         Public Comment(s)

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.

·         Campbell v. City of Sacramento, State of California, et al.

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

·         Casa Blanca Beach Estates Owners Association v. California State Lands Commission, et al.

·         Eugene Davis v. State of California and California State Lands Commission

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

·         In re: Venoco, LLC, Bankruptcy Chapter 11

·         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 Lands Commission v. Casa Blanca Beach Estates Owners’ Association, 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 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 existing offshore oil and gas pipelines traversing state waters associated with the Santa Ynez Unit in federal waters, offshore Santa Barbara County. Negotiating Parties: State Lands Commission and ExxonMobil. 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).