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

REGULAR MEETING

Agenda

VOTING RECORD

October 19, 2023

Port of San Diego Administration Building

Board Room

3165 Pacific Highway

San Diego, California 92101

1:00 p.m.

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

·         ELENI KOUNALAKIS, LIEUTENANT GOVERNOR (DR. MATTHEW DUMLAO PARTICIPATED FOR PUBLIC COMMENT, MINUTES, AND ITEMS 61, 63, 64, 42, AND 50)

·         KRISTINA KUNKEL, DEPUTY STATE CONTROLLER AND ALTERNATE FOR STATE CONTROLLER MALIA M. COHEN (CONTROLLER COHEN PARTICIPATED FOR CLOSED SESSION)

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

VOTE:

·         The minutes of the august 17, 2023 meeting were approved by a vote of 2-0 (DUMLAO–ABSTAINED; KUNKELYES; miller–YES)

CONSENT CALENDAR:

·         CONSENT ITEMS 19, 37, AND 43 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEMS 42 AND 50 WERE MOVED TO THE REGULAR CALENDAR

·         cONSENT ITEMS 01-18, 20-36, 38-41, 44-49, and 51-59 WERE aPPROVED AS PRESENTED BY A VOTE OF 2-0 (DUMLAO–ABSTAINED; KUNKEL–YES; MILLER–YES)

INFORMATIONAL CALENDAR:

·         ITEM 60 – WAS INFORMATIONAL – NO VOTE REQUIRED

REGULAR CALENDAR:

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

·         ITEM 62 – WAS REMOVED FROM THE AGENDA

·         ITEM 63 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (DUMLAO–YES; KUNKEL–abstained; MILLER–YES)

·         ITEM 64 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (DUMLAO–abstained; KUNKEL–YES; MILLER–YES)

·         CONSENT ITEM 42 – PRESENTATION WAS MADE. ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 2-0 (DUMLAO–Yes; KUNKEL–abstained; MILLER–YES)

·         consent item 50 – presentation was made. item was approved as presented by a vote of 2-0 (dumlao–Abstained; KUNKEL–YES; MILLER–YES)

CLOSED SESSION:

·         ITEM 60 – 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.

Meeting Procedures

Access to meetings (Reasonable Accommodation)

If you need a 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 ActOrder of Business

I.            1:00 p.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.

·         Public Comments

III.         Confirmation of Minutes for the August 17, 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 01-59

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        2825 W LAKE BLVD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2825 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (Lease 9002; A3016; RA# 2020365) (A 1; S 1, 4) (Staff: L. Ward)

  02        JOHN E. AHMANN AND JUDY ANN AHMANN, AS TRUSTEES OF THE AHMANN FAMILY TRUST, UNDER DECLARATION OF TRUST, DATED JUNE 18, 2005  (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Napa River, adjacent to 1301 Milton Road, near Napa, Napa County; for construction of a boat dock and gangway using two existing pilings, removal of a piling, and use of existing bank protection not previously authorized by the Commission; CEQA Consideration: categorical exemptions. (A4092; RA# 2022294) (A 4; S 3) (Staff: L. Anderson)

  03        MICHAEL D. GRIMES, TRUSTEE OF THE 3272 EDGEWATER ROAD QUALIFIED PERSONAL RESIDENCE TRUST DATED AUGUST 9, 2013 (APPLICANT): Consider application for a General Lease – Recreational Use of sovereign land located in Lake Tahoe, adjacent to 3272 Edgewater Drive, near Dollar Point, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 7329; A3740; RA# 2022037) (A 1; S 1, 4) (Staff: L. Ward)

  04        HORACE A. GUITTARD, JR., TRUSTEE OF THE HORACE A. GUITTARD, JR. REVOCABLE TRUST AND GARY W. GUITTARD (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5660 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse with boat lift, sundeck with stairs, boat hoist, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3294; A4141; RA# 2022324) (A 1; S 1, 4) (Staff: D. Romero)

  05        WILLIAM A. HEWLETT, RICHARD JAFFE AND JAMES S. HEWLETT, TRUSTEES OF THE COOPER PROPERTY TRUST OF NOVEMBER 1, 1994 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2170 West Lake Boulevard, Tahoe City, Placer County; for an existing pier, one mooring buoy, and three unattached pilings. CEQA Consideration: categorical exemption. (Lease 3867; A4125; RA# 2022337) (A 1; S 1, 4) (Staff: M. Waldo)

  06        JEFFREY S. HINES AND BARBARA A. HINES, AS TRUSTEES OF THE JEFFREY AND BARBARA HINES REVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 10451 Garden Highway, near Sacramento, Sutter County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6103; A4216; RA# 2023004) (A 3; S 6) (Staff: M. Waldo)

  07        SUANNE B. INMAN, TRUSTEE OF THE INMAN 2012 IRREVOCABLE CHILDREN’S TRUST U/A/D DECEMBER 13, 2012 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8841 Rubicon Drive, Rubicon Bay, El Dorado County; for an existing pier, boathouse, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 3669; A4010; RA# 2022243) (A 1; S 1, 4) (Staff: M. Waldo)

  08        MARY H. JAFFE AND ERIC G. GIMON, TRUSTEES OF THE HALE PROPERTY TRUST OF NOVEMBER 1, 1994 (APPLICANT): Consider application for General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2150 West Lake Boulevard, near Tahoe City, Placer County; for an existing pier, marine rail, and two mooring buoys. CEQA Consideration: categorical exemption. (Lease 5268; A4126; RA# 2022338) (A 1; S 1, 4) (Staff: D. Romero)

  09        DAVID B. KENT AND DARCIE T. KENT, AS TRUSTEES OF THE KENT REVOCABLE TRUST DATED JUNE 8, 2005 (LESSEE); DARCIE KENT VINEYARDS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider acceptance of a lease quitclaim deed and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 803 Stateline Avenue, South Lake Tahoe, El Dorado County; for an existing pier, boat lift, and one mooring buoy. CEQA Consideration: categorical exemption. (Lease 3682; A3441; RA# 2021378) (A 1; S 1, 4) (Staff: D. Romero)

  10        LAKE FOREST PIEROWNERS ASSOCIATION, INC. (APPLICANT): Consider application for General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to a small right-of-way parcel between Assessor’s Parcel Numbers 092-142-008 and 092-142-021, near Tahoe City, Placer County; for an existing pier, boat hoist, and 13 mooring buoys. CEQA Consideration: categorical exemption. (Lease 4499; A3896; RA# 2022160) (A 1; S 1, 4) (Staff: D. Romero)

  11        LAKESIDE TERRACE HOMEOWNERS ASSOCIATION AND TIMBERLAKE HOMEOWNERS ASSOCIATION (APPLICANT): Consider application for General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1380 and 1400 North Lake Boulevard, near Tahoe City, Placer County; for an existing joint-use pier, 13 mooring buoys, and two marker buoys. CEQA Consideration: categorical exemption. (Lease 8570; A4142; RA# 2022325) (A 1; S 1, 4) (Staff: D. Romero)

  12        PEGGY E. LINDQUIST, AS TRUSTEE OF THE PEGGY E. LINDQUIST REVOCABLE TRUST DATED OCTOBER 11, 2007 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7412 North Lake Boulevard, near Tahoe Vista, Placer County; for the installation and use of two mooring buoys. CEQA Consideration: categorical exception. (A4145; RA# 2022336) (A 1; S 1, 4) (Staff: D. Romero)

  13        PACIFIC GAS AND ELECTRIC COMPANY (LESSEE/APPLICANT): 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 Napa River, near Suscol Creek, near Napa, Napa County; for installation of a Horizontal Directionally Drilled gas pipeline and decommissioning and removal of three existing parallel gas pipelines. CEQA Clearinghouse No. 2023080342, and adoption of a Mitigation Monitoring Program. (Lease 5438-B; A3738; RA# 2022030) (A 4; S 3) (Staff: M. Schroeder)

  14        GERALD R. ROSE AND DEBORAH K. ROSE, CO-TRUSTEES OF THE ROSE FAMILY TRUST, DATED APRIL 9, 2008 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 42424 Front Street, Knights Landing, Yolo County; for an existing boat dock, gangway, and galvanized steel cables. CEQA Consideration: categorical exemption. (Lease 9083; A3839; RA# 2022230) (A 4; S 3) (Staff: L. Ward)

  15        SAGE EXPLORATION & PRODUCTION, INC., A DELAWARE CORPORATION (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Eel River, adjacent to Assessor’s Parcel Numbers 201-221-09, 106-221-01 and -02, near Alton, Humboldt County; for an existing natural gas pipeline. CEQA Consideration: categorical exemption. (Lease 8472; A3998; RA# 2022258) (A 2; S 2) (Staff: J. Holt)

  16        TAHOE TRUST GENERAL PARTNERSHIP, A CALIFORNIA GENERAL PARTNERSHIP; AND SPIRIT OF TAHOE, LLC, A DELAWARE LIMITED LIABILITY COMPANY (APPLICANT): Consider application for a General Lease –Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1324 and 1330 West Lake Boulevard, near Tahoe City, Placer County; for an existing joint-use pier with two boathouses, three boat lifts, sundeck with stairs, and four mooring buoys. CEQA Consideration: categorical exemption. (Lease 3678; A3642; RA# 2022139) (A 1; S 1, 4) (Staff: L. Ward)

Bay / Delta Region

  17        CITY OF STOCKTON (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Pixley Slough, adjacent to Assessor’s Parcel Number 066-030-010, near Stockton, San Joaquin County; for an existing stormwater outfall containing six discharge lines, and bank protection. CEQA Consideration: categorical exemption. (Lease 8305; A3079; RA# 2020409) (A 13; S 5) (Staff: J. Holt)

  18        CITY OF STOCKTON (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, adjacent to Assessor’s Parcel Numbers 162-030-070 and 145-020-190, Stockton, San Joaquin County; for an existing sewer force main. CEQA Consideration: categorical exemption. (Lease 4826; A3751; RA# 2022054) (A 13; S 5) (Staff: J. Holt)

  19        EAGLE PROPCO 4 LLC (LESSEE): Consider a revision of rent and surety bond to Lease Number PRC 8540, a General Lease – Commercial and Protective Structure Use, of sovereign land located in the Sacramento River, near Sacramento, Sacramento County; for a commercial marina and bank protection. CEQA Consideration: not a project. (PRC 8540) (A 8; S 6) (Staff: V. Caldwell)
Removed from the agenda 10/19/2023.

  20        ELISEO COVE HOMEOWNERS ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 655 South Eliseo Drive, Greenbrae, Marin County; for an existing boat dock, access ramp, cables, and two concrete deadmen. CEQA Consideration: categorical exemption. (Lease 4900; A4067; RA# 2022310) (A 12; S 2) (Staff: M. Waldo)

  21        DAVID M. INGRAM AND MARIA V. INGRAM, TRUSTEES OF THE RIVER FAMILY TRUST, CREATED UNDER A DECLARATION OF TRUST DATED MARCH 28, 2014 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 7045 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 5523; A3745; RA# 2022033) (A 7; S 6) (Staff: L. Anderson)

  22        LOCHE M. JOHNSON AND SUSAN M. JOHNSON, AND SUCCESSORS IN TRUST, AS TRUSTEES OF THE JOHNSON FAMILY TRUST DATED AUGUST 13, 1999 (LESSEE); TY SAMBRAILO AND ALEX SAMBRAILO (APPLICANT): Consider acceptance of a lease quitclaim deed and issuance of a General Lease – Recreational and Protective Structure Use of sovereign land located in the Sacramento River, adjacent to 4603 Garden Highway, near Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (Lease 7212; A4070; RA# 2022278) (A 6; S 8) (Staff: L. Anderson)

  23        H. DENNIS KATSUKI AND LINDA M. KATSUKI AS TRUSTEES OF THE LINDA M. KATSUKI AND H. DENNIS KATSUKI REVOCABLE TRUST DATED JUNE 18, 2020 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Georgiana Slough, adjacent to 605 West Tyler Island Bridge Road, near Isleton, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5988; A2583; RA# 2021217) (A 9; S 3) (Staff: M. Waldo)

  24        WILLIAM J. KUHNS AND MARGARET G. KUHNS (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Steamboat Slough, adjacent to 13972 Grand Island Road, Walnut Grove, Sacramento County; for an existing boat dock and appurtenant facilities previously authorized by the Commission; and bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 7225; A4051; RA# 2022313) (A 9; S 3) (Staff: D. Romero)

  25        CHRISTOPHER AHERN LEE, TRUSTEE OF THE FOX-LEE LIVING TRUST DATED JULY 10, 1998 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 13760 Highway 160, near Walnut Grove, Sacramento County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 6035; A4198; RA# 2022313) (A 9; S 3) (Staff: D. Romero)

  26        NARA GARDENS HOMEOWNERS ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 823 South Eliseo Drive, Greenbrae, Marin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 5459; A3941; RA# 2022365) (A 12; S 2) (Staff: M. Waldo)

  27        ROBERT ROZETT (LESSEE); ADAM STONER (APPLICANT): Consider acceptance of a Quitclaim Deed for Lease 9522, a General Lease – Recreational Use, and issuance of a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 19025 Highway 1, near Marshall, Marin County; for one existing mooring buoy. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (Lease 9522; A4136; RA# 2022321) (A 12; S 2) (Staff: J. Plovnick)

  28        SFPP, L.P. (LESSEE): Consider a revision of rent and bond to Lease Number PRC 8486, a General Lease – Right-of-Way Use, of sovereign land located in Walnut, Grayson, and Pacheco creeks; Cordelia Slough; and Carquinez Strait; Solano and Contra Costa counties; for petroleum product pipelines. CEQA Consideration: not a project. (PRC 8486) (A 11, 15; S 3, 5) (Staff: V. Caldwell)

  29        THE LANDING HOMEOWNERS ASSOCIATION (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to Assessor’s Parcel Numbers 022-550-01 through -07, Greenbrae, Marin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (Lease 4673; A3915; RA# 2022331) (A 12; S 2) (Staff: M. Waldo)

  30        TIKI LAGUN PARTNERS, LLC (LESSEE/ASSIGNOR); TIKI LAGOON RESORT AND MARINA, INC., A CALIFORNIA CORPORATION (APPLICANT/ASSIGNEE): Consider assignment of lease, continuation of rent, and revision of surety bond to Lease PRC 4082, a General Lease – Commercial Use, of sovereign land located in Whiskey Slough, adjacent to 12988 West McDonald Road, near Stockton, San Joaquin County; for an existing commercial marina. CEQA Consideration: not a project. (PRC 4082; A3283; RA# 2021266) (A 13; S 5) (Staff: J. Holt)

  31        TURNER CUT RESORT AND MARINA, INC. (LESSEE): Consider a revision of rent and bond to Lease Number PRC 4080, a General Lease – Commercial Use, of sovereign land located in Whiskey Slough and Turner Cut, at Roberts Island, near Stockton, San Joaquin County; for a commercial marina. CEQA Consideration: not a project. (PRC 4080) (A 13; S 5) (Staff: V. Caldwell)

  32        CRAIG C. WAGNER AND PAMELA A. KVALHEIM, AS TRUSTEES UNDER THE CRAIG WAGNER AND PAMELA A. KVALHEIM TRUST AGREEMENT DATED APRIL 15, 2015 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Petaluma River, adjacent to 45 Havenwood Road, Novato, Marin County; for an existing walkway, shed, decks, access ramp, and dock previously authorized by the Commission, and two pilings not previously authorized by the Commission. CEQA Consideration: categorical exemption. (Lease 3507; A4195; RA# 2022377) (A 12; S 2) (Staff: D. Romero)

  33        JADE M. ZATKOVICH AND STEFEN PETER ENGLISH (LESSEE/ASSIGNOR); RUPERTO V. OUANO AND GRACE S. MERCADO (APPLICANT/ASSIGNEE): Consider assignment of a General Lease – Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 40 Sandy Beach Road, Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: not a project. (Lease 9308; A4154; RA# 2022335) (A 11; S 3) (Staff: L. Anderson)

Central / Southern Region

  34        ALBERT AVALOS AND STACY AVALOS, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE ALBERT & STACY AVALOS LIVING TRUST, DATED NOVEMBER 27, 2000, AND ANY AMENDMENTS THERETO (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1116 Beach Drive, Needles, San Bernardino County; for existing concrete stairs with rock retaining walls, electric lights, two concrete patios with railings and rock retaining walls, two planter areas with rock retaining walls, a shower, and a riprap bankline. CEQA Consideration: categorical exemption. (Lease 9087; A4087; RA# 2022292) (A 36; S 18) (Staff: J. Plovnick)

  35        RANDY A. BAKER, AS TRUSTEE OF THE TCOB TRUST (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1218 Beach Drive, Needles, San Bernardino County; for an existing boat dock, gangway, firepit, and riprap bankline. CEQA Consideration: categorical exemption. (Lease 8968; A3744; RA# 2022190) (A 36; S 18) (Staff: J. Plovnick)

  36        CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (LESSEE/APPLICANT): Consider amendment of Lease Number PRC 1603, a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, adjacent to Hearst San Simeon State Park, San Luis Obispo County; for the repair, removal, or replacement of damaged support piles; and replacement of timber decking, pile caps, treated stringers, plastic railing, treated braces, and steel fasteners as part of the San Simeon Pier Rehabilitation. CEQA Consideration: categorical exemptions. (PRC 1603; A3671; RA# 2021373) (A 30; S 17) (Staff: K. Connor)

  37        CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located on Assessor’s Parcel Numbers 110-017-01 and 110-017-02, Huntington Beach, Orange County; for a temporary construction easement. CEQA Consideration: Mitigated Negative Declaration, adopted by Caltrans District 12, State Clearinghouse No. 2021100313, and adoption of a Mitigation Monitoring Program. (A3990; RA# 2022284) (A 72; S 36) (Staff: J. Plovnick)
Removed from the agenda 10/19/2023.

  38        CHEVRON USA, INC. (LESSEE): Consider a revision of rent and bond to Lease Number PRC 5574, a General Lease – Industrial Use, of sovereign land located in the Pacific Ocean, near El Segundo, Los Angeles County; for a marine oil terminal and related facilities. CEQA Consideration: not a project. (PRC 5574) (A 24; S 66) (Staff: V. Caldwell)

  39        RUSSELL JOSEPH CHIDLEY AND SUSAN ELIZABETH CHIDLEY (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1190 Beach Drive, Needles, San Bernardino County; for an existing boat dock, access ramp, walkway, stairway, and riprap bank line. CEQA Consideration: categorical exemption. (Lease 9062; A4045; RA# 2022342) (A 36; S 18) (Staff: J. Plovnick)

  40        DEL RAY YACHT CLUB (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Catalina Harbor, Santa Catalina Island, Los Angeles County; for an existing pier, gangway, float, and float extension. CEQA Consideration: categorical exemption. (Lease 6412; A4073; RA# 2022318) (A 69; S 24) (Staff: D. Romero)

  41        TODD Y. KING AND SHAREEN M. KING, AS TRUSTEES OF THE TODD AND SHAREEN KING LIVING TRUST, DATED JULY 30, 2009 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1166 Beach Drive, Needles, San Bernardino County; for an existing boat dock, walkway, gangway, two planter areas with rock retaining walls, a shower with concrete pad, concrete stairs with rock walls, and a riprap bankline. CEQA Consideration: categorical exemption. (Lease 9121; A4055; RA# 2023011) (A 36; S 18) (Staff: J. Plovnick)

  42        ORANGE COUNTY FLOOD CONTROL DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use and Dredging, of sovereign land located in the Lower Santa Ana River, Orange County; for two riprap flood control jetties, one riprap dike, maintenance dredging, and deposition of sand. CEQA Consideration: categorical exemption, Mitigated Negative Declaration, and Addendum, adopted by the Orange County Flood Control District, State Clearinghouse No. 2012011009, and adoption of a Mitigation Monitoring Program. (Lease 9358; A3838; RA# 2022133) (A 72; S 36) (Staff: D. Simpkin)

·         Public Comments

  43        PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider amendment of Lease 9347, a General Lease – Industrial Use, of sovereign land located in and adjacent to the Pacific Ocean and the Diablo Canyon Power Plant, near Avila Beach and Morro Bay, San Luis Obispo County; for dredging and the deposition of sand. CEQA Consideration: California Coastal Commission Coastal Development Permit No. 9-23-0599 (Lease 9347; RA# 2023021) (A 30; S 17) (Staff: D. Simpkin)
Removed from the agenda 10/10/2023.

  44        DAVID A. ROBINSON AND SUSAN J. ROBINSON, TRUSTEES OF THE DAVID AND SUSAN ROBINSON FAMILY TRUST (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Colorado River, adjacent to 1210 Beach Drive, Needles, San Bernardino County; for an existing riprap bankline. CEQA Consideration: categorical exemption. (Lease 9123; A4151; RA# 2022344) (A 36; S 18) (Staff: J. Plovnick)

  45        SEREN JUNO NETWORK AMERICA, INC. (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near Pismo State Beach, Grover Beach, San Luis Obispo County; for installation and use of one buried fiber-optic cable. CEQA Consideration: Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, State Clearinghouse No. 2020040309. (A4046; RA# 2022300) (A 30, 37; S 17) (Staff: J. Toy)

School Lands

  46        LANDGATE CORP.; CALIFORNIA STATE LANDS COMMISSION (PARTIES): Consider (1) authorizing the Executive Officer or her designee to enter into non-exclusive agreements with LandGate Corp. to list School Lands properties or resources on online platforms, when such services are offered at no cost to the State; and (2) authorizing staff to advertise School Lands parcels with LandGate Corp., at their discretion. CEQA Consideration: not a project. (C2023013) (A & S: Statewide) (Staff: J. Garrett, D. Simpkin)

  47        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider a revision of rent to Lease Number PRC 2507, a General Lease – Right-of-Way Use, of school lands located in Sections 30, 31, and 32 of Township 10 North, Range 1 East, SBM, near Yermo, San Bernardino County; for an existing electrical transmission line, appurtenant facilities, and an unpaved access road. CEQA Consideration: not a project. (PRC 2507) (A 34; S 19) (Staff: V. Caldwell)

  48        SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider a revision of rent to Lease Number PRC 3392, a General Lease – Right-of-Way Use, of state indemnity school lands located in Section 6, Township 9 North, Range 4 East, SBM, near Newberry Springs, San Bernardino County; for an existing electrical transmission line and an unpaved access road. CEQA Consideration: not a project. (PRC 3392) (A 34; S 19) (Staff: V. Caldwell)

  49        SPORTS COMMITTEE DISTRICT 37 AMA, INC. (APPLICANT): Consider application for a General Lease – Right-of-Way Use, on school lands, located in Section 36, Township 31 South, Range 44 East, MDM, northwest of Barstow, San Bernardino County; for an existing unpaved road. CEQA Consideration: categorical exemption. (Lease 8972; A3518; RA# 2021331) (A 34; S 19) (Staff: D. Simpkin)

Mineral Resources Management

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

  51        CITY OF OCEANSIDE (APPLICANT): Consider application for a General Offshore Geologic Permit to conduct geological surveys from the mean high-tide line to approximately 1.3 miles offshore of the City of Oceanside, California, including granted or ungranted tidelands and submerged lands, under the jurisdiction of the California State Lands Commission. CEQA Consideration: categorical exemption. (A4158; RA#2022358) (A & S: Offshore) (Staff: C. Fox)

  52        EDF RENEWABLES DEVELOPMENT (APPLICANT): Consider application for a modification of the State’s right of surface entry on 260 acres of State 100 percent reserved mineral interest school land, Assessor’s Parcel Numbers 807-172-010 and 807-172-011, located near Desert Center, Section 36, Township 4 South, Range 15 East, San Bernardino Baseline & Meridian, Riverside County. CEQA Consideration: not a project. (A4027; RA#2022288) (A 36; S 18, A 47; S 32) (Staff: R. Lee)

Marine Environmental Protection

·         No items for this section.

Administration

·         No items for this section.

Legal

  53        TRUDY MARILYN EHMKE AND TROY ELBERT LAND (PARTY): Consider issuance of a Patent for Swamp and Overflow Lands Survey 340, Location Number 3518, located near the Eel River, Fortuna, Humboldt County. CEQA Consideration: not a project. (S&O Location 3518) (A 2; S 2) (Negotiators: J. Garrett, N. Tantraphol)

  54        TRINA GOULD (PARTY): Consider taking title to and authorizing the removal and disposal of two abandoned buoys on sovereign lands in Lake Tahoe, near Homewood, Placer County. CEQA Consideration: categorical exemption. (W 27264) (A 1; S 1, 4) (Staff: W. Crunk)

  55        MARTY AND RONNIE SHERMAN (PARTIES): Consider taking title to and authorizing the removal and disposal of an abandoned buoy on sovereign lands in Lake Tahoe, near Homewood, Placer County. CEQA Consideration: categorical exemption. (W 27264) (A 1; S 1, 4) (Staff: W. Crunk)

  56        UNIVERSITY OF CALIFORNIA, DAVIS (APPLICANT): Consider authorizing modified indemnity language to facilitate staff’s issuance of a Letter of Non-Objection to UC Davis for a one-year statewide study of Ribbed Limpet Range Expansion and Adaptation in the Intertidal Zone of the Pacific Ocean. CEQA Consideration: not a project. (I4066) (A & S: Statewide Offshore) (Staff: J. Garrett)

Kapiloff Land Bank Trust Acquisition/Expenditure

·         No items for this section.

External Affairs

Granted Lands

  57        CALIFORNIA STATE LANDS COMMISSION; AMAZON.COM SERVICES LLC (PARTIES): Consider a Title Settlement and Exchange Agreement between the State of California, acting by and through the California State Lands Commission, in its regular capacity and as Trustee of the Kapiloff Land Bank Fund, and Amazon.com Services LLC, regarding certain interests in lands in the City and County of San Francisco. CEQA Consideration: statutory exemptions. (AD 688; G 11-00) (A 17; S 11) (Staff: R. Boggiano, A. Kershen)

  58        CITY OF CARPINTERIA (TRUSTEE): Consider approval of an amendment for a three-year extension to an oil and gas pipeline lease between the City of Carpinteria and Chevron U.S.A. Inc. to facilitate decommissioning of federal Platforms Gail and Grace, involving certain legislatively granted sovereign land in the city of Carpinteria, Santa Barbara County. CEQA Considerations: statutory and categorical exemptions. (G 15-02) (A 37; S 19) (Staff: R. Boggiano)
Staff report revised 10/13/2023.

  59        CITY OF SANTA MONICA (TRUSTEE): Review a proposed tideland revenue expenditure in an amount not to exceed $1,355,000 by the City of Santa Monica for three capital improvement projects located on legislatively granted sovereign land in the City of Santa Monica, Los Angeles County. CEQA Consideration: not a project. (G 05-08) (A 51; S 24) (Staff: M. Moser)

VI.       Informational Calendar 60

  60        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 61-64

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

  62        CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (LESSEE/SUBLESSOR); CITY AND COUNTY OF SAN FRANCISCO (APPLICANT/SUBLESSEE): Consider an endorsement of a sublease under Lease Number PRC 6414, a General Lease – Public Agency Use, of filled sovereign land located within the Candlestick Point State Recreation Area in San Francisco, City and County of San Francisco; to authorize the temporary use of an existing paved parking lot and public utilities for the Bayview Vehicle Triage Center. CEQA Consideration: categorical exemption. (PRC 6414; A4170; RA# 2022366) (A 17; S 11) (Staff: M. Schroeder)
Removed from the agenda 10/12/2023.

  63        CALIFORNIA STATE LANDS COMMISSION; EXXONMOBIL CORPORATION (PARTIES): Consider authorization to execute the proposed Phase 2 Agreement by and between the California State Lands Commission and ExxonMobil Corporation in settlement of the responsibilities to undertake work on Platform Holly, offshore Goleta, Santa Barbara County, including platform hardening, caretaker inspections, and future decommissioning of Platform Holly. CEQA Consideration: categorical exemption. (W 30159-5) (A 37; S 19) (Staff: J. Fabel; M. Wiemer)

  64        SAN DIEGO UNIFIED PORT DISTRICT (TRUSTEE): Acknowledge the submittal of a Draft Trust Land Use Plan, pursuant to Chapter 372, Statues of 2019, by the San Diego Unified Port District, San Diego County. CEQA Consideration: ministerial action. (G 10-08) (A 77, 78, 80; S 18, 39) (Staff: R. Boggiano, S. Pemberton)

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.

·         Center for Biological Diversity v. City of Long Beach and California State Lands Commission

·         Dezirae Cadena, et al. v. City of Parker Dam, 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.

·         North Waterfront Cove and City of Alameda v. State of California, by and through the State Lands Commission

·         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.

·         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

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).