California State Lands Commission

Eleni Kounalakis, Lieutenant Governor, Chair

Malia M. Cohen, State Controller, Member

Joe Stephenshaw, Director of Department of Finance, Member

Original Agenda Posted 2:00 p.m. on Thursday, November 9, 2023

SPECIAL MEETING

Agenda

VOTING RECORD

November 20, 2023

10:00 a.m.

Live webcast available at www.cal-span.org

COMMISSIONERS PRESENT:

· ELENI KOUNALAKIS, LIEUTENANT GOVERNOR

· MALIA M. COHEN, STATE CONTROLLER

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

VOTE

CLOSED SESSION:

THE COMMISSION MET IN CLOSED SESSION WITH ITS REAL PROPERTY NEGOTIATORS 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 AND THOSE NEGOTIATIONS WILL BE CONDUCTED WITH EXXONMOBIL.

INFORMATIONAL CALENDAR:

· Item 01 was informational – no vote required

REGULAR CALENDAR:

· ITEM 02 Was aPPROVED AS PRESENTED BY A VOTE OF 3-0 (KOUNALAKIS–YES; COHEN–YES; MILLER–yes)

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.

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. – Closed Session

At any time during the meeting the Commission may meet in a session closed to the public to consider the matters listed below pursuant to 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).

II. Open Session

III. Informational Calendar

01 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)

IV. Regular Calendar

02 CALIFORNIA STATE LANDS COMMISSION: Consider supporting President Biden’s request to include $310 million in an emergency supplemental bill for essential upgrades and expansion of the federally operated South Bay International Wastewater Treatment Plant, requesting that Congress expeditiously approve the funding, and address the severe Tijuana River transboundary pollution crisis. CEQA consideration: not applicable. (A & S: Statewide) (Staff: K. Robinson-Filipp, S. Pemberton)

V. 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 2 minutes. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.