FOR INFORMATION, PLEASE CONTACT

            Kim Lunetta

            100 Howe Avenue, Suite 100-South

            Sacramento, California  95825-8202

            Kim.Lunetta@slc.ca.gov

            (TDD/TT) 1-800-735-2929

            (916) 574-1800

            AGENDA AND ITEMS ARE AVAILABLE

            ON CSLC WEB SITE:  www.slc.ca.gov

 

COMMISSIONERS PRESENT

 

·         GAVIN NEWSOM, Lt. Governor

·         ALAN GORDON, Deputy Controller and Alternate for State Controller John Chiang

·         KAREN FINN, Program Budget Manager and Alternate for Director of the Department of Finance, Ana Matosantos

 

Original Agenda Posted 3:30 PM on Monday, May 13, 2013

 

AGENDA

 

TELECONFERENCE MEETING OF THE

CALIFORNIA STATE LANDS COMMISSION

 

VOTING RECORD

 

May 23, 2013

 11:00 A.M.

 

Milton marks conference center

455 GOLDEN GATE AVENUE

lower level – Vallejo room

SAN FRANCISCO, CALIFORNIA 94102

 

office of state controller john chiang

300 capitol mall, suite 1850

sacramento, california 95814

 

department of finance

state capitol, room 1145

sacramento, california 95814

 

additional location provided for the public

california state lands commission

100 howe avenue, suite 100 south

SACRAMENTO, CALIFORNIA 95825

 

GAVIN NEWSOM, LIEUTENANT GOVERNOR, CHAIR

JOHN CHIANG, STATE CONTROLLER, MEMBER

ANA J. MATOSANTOS, DIRECTOR OF FINANCE, MEMBER

 

VOTE

the minutes of the april 26, 2013 meeting were approved by a vote of 3-0.

CONSENT CALENDAR:  

·      Items C01-C09 were approved by a vote of 2-0 (FINN ABSTAINED)

REGULAR CALENDAR:

·      No Items

 

 

ORDER OF BUSINESS

 

      I.        11:00 A.M. – OPEN SESSION

 

A SIGN LANGUAGE INTERPRETER WILL BE PROVIDED UPON ADVANCE NOTIFICATION OF NEED BY A DEAF OR HEARING IMPAIRED PERSON.  SUCH NOTIFICATION SHOULD BE MADE AS SOON AS POSSIBLE PRIOR TO DATE OF THE EVENT.

 

            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 IN ADVANCE TO ARRANGE FOR SUCH ACCOMMODATION.

 

ANYONE WISHING TO ADDRESS AN ITEM ON THE AGENDA SHOULD FILL OUT A SPEAKER FORM.  WHEN YOU ARE CALLED TO SPEAK, PLEASE STATE YOUR NAME FOR THE RECORD.  YOU WILL BE ALLOWED 3 MINUTES TO SPEAK.

 

    II.        CONFIRMATION OF MINUTES FOR THE MEETING OF April 26, 2013

 

   III.        EXECUTIVE OFFICER’S REPORT

 

  IV.        LEGISLATION CONSENT CALENDAR C01 – C09

THE FOLLOWING ITEMS ARE CONSIDERED TO BE NON-CONTROVERSIAL AND ARE SUBJECT TO CHANGE AT ANY TIME UP TO THE DATE OF THE MEETING.

 

LEGISLATION CONSENT

  LEGISLATION AND RESOLUTIONS

C

      01 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting federal legislation that would enact the Realize America’s Maritime Promise Act and the Harbor Maintenance Act of 2013, which would require the total budget resources for expenditures from the Harbor Maintenance Trust Fund for harbor maintenance programs to equal the level of receipts plus interest credited to such Fund for that fiscal year.  (House Bill 335, Representative Boustany/S. 218, Senator Levin, Carl) (A & S: Federal) (Staff: S. Pemberton)

 

C

      02 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting federal legislation that would enact the Federal Land Transaction Facilitation Act Reauthorization of 2013, which would reauthorize, until July 25, 2021, the program for the completion of appraisals and satisfaction of other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under the Federal Land Policy and Management Act of 1976.  (Senate Bill 368, Senator Heinrich, Martin) (A & S: Federal) (Staff: S. Pemberton)

 

C

      03 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting federal legislation that would enact the Coastal State Climate Change Planning Act, which would amend the Coastal Zone Management Act to require the Secretary of Commerce to establish a coastal climate change adaptation planning and response program. This program would provide assistance to coastal states to voluntarily develop coastal climate change adaptation plans and provide financial and technical assistance and training to enable coastal states to implement plans through the States' enforceable policies.  (House Bill 764, Representative Capps) (A & S: Federal) (Staff: S. Pemberton)

 

C

      04 

CALIFORNIA STATE LANDS COMMISSION: Consider co-sponsoring state legislation that would require trustees of legislatively granted public trust lands to assess the impacts of sea level rise on natural and manmade resources and facilities located on trust lands.  (AB 691, Muratsuchi) (A & S: Statewide) (Staff: S. Pemberton)

 

C

      05 

CALIFORNIA STATE LANDS COMMISSION: Consider sponsoring state legislation to eliminate, notwithstanding any other provision of law, the requirement of a lease from the State Lands Commission for dredging on granted public trust lands wherein minerals are reserved to the State if the dredging is consistent with the proper management of granted lands, the dredged material is not sold or used for private benefit, and the dredged material is disposed of at an approved disposal site. (AB 727, Stone) (A & S: Statewide)  (Staff: S. Pemberton)

 

C

      06 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting state legislation that would increase the maximum annual assessment from $0.065 to $0.08 per barrel of crude oil or petroleum products and would allow the Administrator to adjust the maximum fee annually based on the percentage increase in the California Consumer Price Index, as well as capping the nontank vessel fee at $3,500 and allowing the Administrator to transfer up to $2,000,000 in funds from the Oil Spill Prevention and Administration Fund to the Oil Spill Response Trust Fund to fund the State’s Oiled Wildlife Care Network program.  (AB 881, Chesbro) (A & S: Statewide) (Staff: S. Pemberton)

 

C

      07 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting state legislation that would prohibit stores that have a specified amount of dollar sales or retail floor space from providing  single-use carryout bags and would require these stores to make recycled paper, compostable, or reusable bags available for purchase by customers. The legislation also sets standards for the definition of “reusable,” requires stores to provide plastic bag recycling collection bins, and creates a reusable bag certification program administered by the Department of Resources Recycling and Recovery.  (AB 158, Levine)  (A & S: Statewide) (Staff: S. Pemberton)

 

C

      08 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting state legislation that would, as of January 1, 2015, prohibit stores that have a specified amount of dollar sales or retail floor space from providing a single-use carryout bag to a customer and would require these stores to meet other requirements regarding providing recycled paper bags, compostable bags, or reusable bags to customers. (SB 405, Padilla) (A & S: Statewide) (Staff: S. Pemberton)

 

C

      09 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting state legislation that would remove the January 1, 2014 sunset date on the State’s Voluntary Turn In Program, which allows recreational vessel owners to turn in their derelict and dilapidated vessels to a public agency for the purpose of disposal.  (SB 122, Lieu) (A & S: Statewide) (Staff: S. Pemberton)

 

     V.        PUBLIC COMMENT

 

    VI.        COMMISSIONERS’ COMMENTS

 

  VII.        CLOSED SESSION:  AT ANY TIME DURING THE MEETING THE COMMISSION MAY MEET IN A SESSION CLOSED TO THE PUBLIC TO CONSIDER THE FOLLOWING PURSUANT TO GOVERNMENT CODE SECTION 11126:

 

A.       LITIGATION.

THE COMMISSION MAY CONSIDER PENDING AND POSSIBLE LITIGATION PURSUANT TO THE CONFIDENTIALITY OF ATTORNEY-CLIENT COMMUNICATIONS AND PRIVILEGES PROVIDED FOR IN GOVERNMENT CODE SECTION 11126(e).

 

1.    THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126(e)(2)(A):

 

Los Angeles County Waterworks District #40 v. Diamond Farming Company, et al.

 

State of California, acting by and through the State Lands Commission v. Venoco, Inc.

 

Seacliff Beach Colony Homeowners Association v. State of California, et al.

 

State of California, acting by and through the State Lands Commission v. Singer

 

State of California, acting by and through the State Lands Commission v. Crockett Marine Services, et al.

 

Defend Our Waterfront v. California State Lands Commission, et al.

 

The Melton Bacon and Katherine L. Bacon Family Trust, et al. v. California State Lands Commission, City of Huntington Beach

 

SLPR, LLC, et al. v. San Diego Unified Port District, State Lands

Commission

 

San Francisco Baykeeper v. State Lands Commission

 

City of Los Angeles v. Great Basin Unified Air Pollution Control

District et. al.

 

City of Los Angeles v. California Air Resources Board et. Al

 

Keith Goddard v. State of California

 

California State Lands Commission v. Edward L. Clark Jr

 

Everardo Acevedo, et al. v. Jorge A. Diaz, et al.

 

2.    The commission may consider matters THAT fall under government code section 11126(e)(2)(B) or (2)(C).