CALIFORNIA STATE LANDS COMMISSION

Betty T. Yee, State Controller, Chair

Gavin Newsom, Lieutenant Governor, Member

Michael Cohen, Director of Department of Finance, Member

Original Agenda Posted 3:00 PM on Monday, October 3, 2016

REGULAR MEETING

A G E N D A

VOTING RECORD

October 13, 2016

SHERATON SAN DIEGO HOTEL AND MARINA BAY TOWER

1590 HARBOR ISLAND DRIVE

SAN DIEGO, CALIFORNIA 92101

1:00 P.M.

… LIVE WEBCAST AVAILABLE AT WWW.CAL-SPAN.ORG …

VOTING RECORD

COMMISSIONERS PRESENT:

·         BETTY T. YEE, State Controller

·         RHYS WILLIAMS, Chief of Staff and Alternate for Lt. Governor Gavin Newsom  

·         ERAINA ORTEGA, Chief Deputy Director and Alternate for Director of the Department of Finance Michael Cohen

VOTE:

the minutes of the AUGUST 9, 2016 MEETING were approved by a vote of 3-0 (Yee-YES; williams-yes; ORTEGA-YES).

CONSENT CALENDAR:

·         CONSENT ITEMS C01-C61 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES) 

INFORMATIONAL CALENDAR:

·            ITEM 62 − WAS INFORMATIONAL − NO VOTE REQUIRED

REGULAR CALENDAR:

·         ITEM 63 – STAFF PRESENTATION WAS MADE.  ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES)

·         ITEM 64 – STAFF PRESENTATION WAS MADE.  ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES)

·         ITEM 65 – STAFF PRESENTATION WAS MADE.  ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES)

California State Lands Commission Meeting Procedures:

SPEAKER SIGN-UP AND TIME LIMITS

Anyone wishing to address the Commission must fill out a “Request to Speak” form.  Forms are available at a reception table near the entrance to the meeting.  When you are called to speak, please identify yourself and your affiliation for the record.  Generally, each speaker will be allowed 3 minutes to speak; however, the Chair may set different time limits.

ACCESS TO MEETINGS

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 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 hearing impaired person.  Please contact the Commission at (916) 574-1800 in advance 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 should 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 at the meeting site.  All non-procedural communications become part of the record.  Written materials may be submitted to: CSLC.Commissionmeetings@slc.ca.gov or 100 Howe Avenue, Suite 100 South, Sacramento, CA 95825. 

VISUAL PRESENTATIONS/MATERIALS

Visual presentations/materials must be accompanied by a USB flash drive, flash memory card, or compact disk and must be PC compatible.  It is recommended that a hard copy of any electronic presentation be submitted in case of technical difficulties.  A slide projector and laptop will be available from our audio-visual technician, and they can assist you in its use.  All written materials exhibited to the Commission during the meeting (presentations, maps, etc.) are part of the public record and are kept by the Commission.

NOTIFICATION OF MEETINGS AND AGENDAS

If you would like to receive electronic notification of Commission meetings, please visit our website at www.slc.ca.gov and go to the link under “Commission Meetings” to subscribe.

ABBREVIATIONS AND ACRONYMS

·         A and S references are to Assembly and Senate districts

·         CEQA - California Environmental Quality Act

 

ORDER OF BUSINESS

I.

1:00 P.M. – OPEN SESSION

II.

CONFIRMATION OF MINUTES FOR THE MEETING OF August 9, 2016

III.

EXECUTIVE OFFICER’S REPORT

 

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

·         2280 Sunnyside Lane LLC (Lessee): Continuation of annual rent at $1,755 per year for a General Lease – Recreational Use located on sovereign land in Lake Tahoe, adjacent to 2280 Sunnyside Lane, near Tahoe City, Placer County (PRC 4170.1).

 

·         Joseph A. Enos and Patricia R. Enos, Trustees of the Enos Trust, established November 20, 1989 (Lessee): Continuation of annual rent at $201 per year for a General Lease – Recreational Use located on sovereign land in Georgiana Slough, adjacent to 14800 Andrus Island Road near the town of Walnut Grove, Sacramento County. (PRC 8906.1).

IV.

CONSENT CALENDAR C01-C61

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 DIVISION

     NORTHERN REGION

C

      01 

DORIS B. FAGAN, TRUSTEE OF THE FAGAN REVOCABLE TRUST DATED JUNE 7, 2001 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 22539 Adobe Road, near the city of Red Bluff, Tehama County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6957.1; RA# 27115) (A 3; S 4) (Staff: M.J. Columbus)

C

      02 

SANDRA J. CLARKSON, TRUSTEE OF THE CLARKSON SURVIVOR’S TRUST, UNDER TRUST AGREEMENT DATED MARCH 21, 1994 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 22551 Adobe Road, near the city of Red Bluff, Tehama County; for an existing uncovered floating boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6955.1; RA# 31715) (A 3; S 4) (Staff: M.J. Columbus)

C

      03 

TRI-ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION (APPLICANT): Consider authorization for an amendment to Lease No. PRC 3775.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7001 West Lake Boulevard, near Tahoma, El Dorado County; to relocate a buoy field. CEQA Consideration: categorical exemption. (PRC 3775.1; RA# 33615) (A 5; S 1) (Staff: M.J. Columbus)

C

      04 

RONALD H. ROUDA AND MARILYN SUE ROUDA, TRUSTEES OF THE RONALD H. ROUDA QUALIFIED PERSONAL RESIDENCE TRUST #1, DATED JUNE 2, 1999; MARILYN SUE ROUDA AND RONALD H. ROUDA, TRUSTEES OF THE MARILYN SUE ROUDA QUALIFIED PERSONAL RESIDENCE TRUST #1, DATED JUNE 2, 1999; DAVIA R. ROUDA AND MEIKA A. ROUDA, TRUSTEES OF THE DAVIA R. ROUDA TRUST DATED JUNE 2, 1999; AND MEIKA A. ROUDA AND DAVIA R. ROUDA, TRUSTEES OF THE MEIKA A. ROUDA TRUST DATED JUNE 2, 1999 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 10 Aspen Street, near Tahoe City, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26866; RA# 34814) (A 1; S 1) (Staff: K. Connor)

C

      05 

ROSS W. RELLES JR. AND LYNNE K. RELLES (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3205 and 3225 West Lake Boulevard, near Homewood, Placer County; for four existing mooring buoys. CEQA Consideration: categorical exemption. (PRC 8702.1; RA# 35815) (A 1; S 1) (Staff: K. Connor)

C

      06 

FRANK CASALE AND TERESA M. CASALE (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 720 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (PRC 8643.1; RA# 15415) (A 1; S 1) (Staff: K. Connor)

C

      07 

ADOLPHUS ANDREWS JR., GORDON P. ANDREWS, AND EDITH ANDREWS TOBIN, AS TRUSTEES OF THE EMILY T. ANDREWS 1987 REVOCABLE TRUST, AS AMENDED (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 9720 Brockway Spring Drive, near Kings Beach, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (PRC 7928.1; RA# 35715) (A 1; S 1) (Staff: K. Connor)

Item revised 10/06/16

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      08 

WILLIAM D. WATKINS AND DENISE P. WATKINS TRUSTEES OF THE WATKINS FAMILY TRUST DATED 1-7-94 (LESSEE); 6980 WEST LAKE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider waiver of rent, penalty and interest; termination of Lease No. PRC 3637.1, a General Lease – Commercial Use; and an application for a General Lease – Commercial Use, of sovereign land located in Lake Tahoe, adjacent to 6980 West Lake Boulevard, near Tahoma, Placer County; for an existing pier and five mooring buoys previously authorized by the Commission and three existing freshwater intake pipelines not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 3637.1; RA# 15715) (A 1; S 1) (Staff: N. Lee)

Item revised 10/06/16

C

      09 

RICHARD P. FILSON AND ANN M. FILSON, TRUSTEES OF THE FILSON FAMILY REVOCABLE TRUST DATED SEPTEMBER 19, 2001; MARK G. MARSHALL; BRYANT C. BLEWETT AND ELLEN E. MARSHALL, TRUSTEES OF THE BLEWETT-MARSHALL REVOCABLE TRUST DATED DECEMBER 12, 2007; MOLLY C. MARSHALL; AND PAUL A. MARSHALL (LESSEE/APPLICANT): Consider termination of Lease No. PRC 8951.9, a Recreational Pier Lease, and an application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8361 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for one existing mooring buoy previously authorized by the Commission; and an existing pier and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 8951.1; RA# 26115) (A 5; S 1) (Staff: M. Schroeder)

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      10 

THE TRUSTEES OF THE LAKE TAHOE PARK ASSOCIATION (APPLICANT): Consider an amendment of lease and revision of rent to Lease No. PRC 3887.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1700 Sequoia Avenue, Tahoe City, Placer County; for two existing piers, swim area with swim line, and 50 mooring buoys. CEQA Consideration: not projects. (PRC 3887.1) (A 1; S 1) (Staff: M. Schroeder)

C

      11 

COUNTY OF SUTTER (PERMITTEE); CITY OF YUBA CITY (APPLICANT): Consider acceptance of a quitclaim deed for Permit No. PRC 1929.9, for a Public Agency Permit, and an application for a General Lease – Public Agency Use, of sovereign land located in the Feather River, adjacent to 563 2nd Street, Yuba City, Sutter County and River Front Park, city of Marysville, Yuba County; for the replacement of the Fifth Street Bridge, installation of utility conduits and water line, and use of a temporary construction easement. CEQA Consideration: Mitigated Negative Declaration, adopted by the city of Yuba City, State Clearinghouse No. 2013082011, and adoption of a Mitigation Monitoring Program. (PRC 1929.9; RA# 38215) (A 3; S 4) (Staff: M. Schroeder)

C

      12 

WILLIAM A. MANKE AND LAVON T. MANKE, AS CO-TRUSTEES UNDER THE WILLIAM A. MANKE FAMILY TRUST AGREEMENT DATED JULY 20, 1981 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Donner Lake, adjacent to 14956 South Shore Drive, near the town of Truckee, Nevada County; for an existing pier and storage shed not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 8670.65; RA# 39114) (A 1; S 1) (Staff: M. Schroeder)

Item revised 10/06/16

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      13 

MICHAEL M. GHILOTTI AND LISA B. GHILOTTI (LESSEE): Consider revision of rent to Lease No. PRC 8962.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7762 North Lake Boulevard, near Tahoe Vista, Placer County; for two existing mooring buoys. CEQA Consideration: not a project. (PRC 8962.1) (A 1; S 1) (Staff: J. Toy)

C

      14 

BROODY BEAR, LLC AND FLATCAT, LLC (LESSEE): Consider revision of rent to Lease No. PRC 8334.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3755 Idlewild Way, near Homewood, Placer County; for two mooring buoys. CEQA Consideration: not a project. (PRC 8334.1)(A 1; S 1) (Staff: J. Toy)

C

      15 

FLORENE D. HECK AS TRUSTEE, OR SUCCESSOR TRUSTEE, OF THE FLORENE D. HECK 1991 REVOCABLE TRUST DATED MARCH 27, 1991 (LESSEE): Consider revision of rent to Lease No. PRC 4412.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 780 West Lake Boulevard, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: not a project. (PRC 4412.1) (A 1; S 1) (Staff: J. Toy)

     BAY/DELTA REGION

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      16 

STEVEN E. AMES AND LINDA S. AMES (LESSEE); JAMES GRIMES AND KIM GRIMES, CO-TRUSTEES UNDER THE GRIMES LIVING TRUST DATED JULY 8, 2014 (AS RESTATED ON AUGUST 21, 2015) (APPLICANT): Consider acceptance of a quitclaim deed for Lease No. PRC 5124.9, a General Lease – Recreational and Protective Structure Use, and an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 3445 Garden Highway, near the city of Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 5124.1; RA# 05016) (A 7; S 6) (Staff: G. Asimakopoulos)

C

      17 

DELTA WETLANDS PROPERTIES, AN ILLINOIS GENERAL PARTNERHSIP (LESSEE); THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (APPLICANT): Consider acceptance of a quitclaim deed for Lease No. PRC 5275.1, a General Lease – Recreational Use, and an application for a General Lease – Public Agency Use, of sovereign land located in the South Fork of the Mokelumne River, adjacent to Assessor’s Parcel Number 069-030-35, on Bouldin Island, near the city of Isleton, San Joaquin County; for an existing boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5275.9; RA# 37915) (A 11; S 3) (Staff: G. Asimakopoulos)

C

      18 

2101-2603 WILBUR LLC (LESSEE): Consider correction to prior approval for the revision of rent to Lease No. PRC 1546.1, General Lease – Industrial Use, of filled and unfilled sovereign land in the San Joaquin River, adjacent to 2301 Wilbur Avenue, near the city of Antioch, Contra Costa County; for an existing non-operational industrial pier, maintenance pier, pipelines, and appurtenant facilities. CEQA Consideration: not a project. (PRC 1546.1; RA# 32915) (A 11; S 7) (Staff: V. Caldwell)

C

      19 

DYANNA TAYLOR AND SETH WHITESIDE TAYLOR (APPLICANT): Consider rescission of approval of Lease No. PRC 9257.1, and an application for a General Lease – Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 119 Greenbrae Boardwalk, near the city of Larkspur, Marin County; for an existing boat dock and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 9257.1; RA# 03715) (A 10; S 2) (Staff: V. Caldwell)

C

      20 

EAST BAY REGIONAL PARK DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in San Pablo Bay, near the city of Pinole, Contra Costa County; for construction, use, and maintenance of a segment of the San Francisco Bay Trail. CEQA Consideration: Environmental Impact Report, certified by the East Bay Regional Park District, State Clearinghouse No. 2010082043, and adoption of a Mitigation Monitoring Program and Statement of Findings. (W 27042; RA# 36615) (A 15; S 9) (Staff: A. Franzoia)

C

      21 

COUNTY OF MARIN (APPLICANT): Consider application for a General Lease –Dredging, of sovereign land located in San Francisco Bay, near the town of Tiburon, Marin County; to maintenance dredge a navigable depth at the northern and southern channel entrances to Paradise Cay. CEQA Consideration: categorical exemption. (PRC 7822.9; RA# 06915) (A 10; S 2) (Staff: A. Franzoia)

C

      22 

CALIFORNIA STATE LANDS COMMISSION AND CCO SOCAL I, LLC (PARTIES): Consider an indemnity agreement for a video line co-located on the new Santa Fe Avenue Bridge, over sovereign land located in the Tuolumne River, adjacent to the Lakewood Memorial Park between the communities of Empire and Hughson, Stanislaus County. CEQA Consideration: not a project. (W 26991; RA# 37115) (A 12; S 8) (Staff: A. Franzoia)

C

      23 

LAS GALINAS VALLEY SANITARY DISTRICT (APPLICANT): Consider application for an amendment to Lease No. PRC 6201.9, a General Lease – Public Agency Use, of sovereign land located in San Francisco Bay, near the city of San Rafael, Marin County; to include two additional parcels in the lease premises for installation and maintenance of a cattle fence, management of wildlife habitat, open space preservation, public access, and drainage improvements. CEQA Consideration: categorical exemption. (PRC 6201.9; RA# 24811) (A 10; S 2) (Staff: A. Franzoia)

C

      24 

CHEVRON U.S.A., INC. (LESSEE/APPLICANT): Consider adoption of a Mitigated Negative Declaration, State Clearinghouse No. 2016072038, and adoption of a Mitigation Monitoring Program, termination of Lease No. PRC 3277.1, a General Lease – Right-of-Way Use, and issuance of a General Lease – Right-of-Way Use, of sovereign land located in Honker Bay, Roaring River Slough, Montezuma Slough, Grizzly Slough, and the Sacramento River, Solano, Contra Costa, Yolo, and Sacramento Counties; for existing pipeline facilities, to construct a temporary work platform, and install a horizontal directionally drilled refined products pipeline. (PRC 3277.1; RA# 31615) (A 11; S 3) (Staff: A. Franzoia)

Item revised 10/06/16

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      25 

DARRELL FERREIRA AND MARY LYNN FERREIRA, AS CO-TRUSTEES AND ALL SUCCESSOR TRUSTEES OF THE DARRELL AND MARY LYNN FERREIRA REVOCABLE TRUST DATED MAY 11, 2006 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 6901 Garden Highway, near the city of Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 7016.1; RA# 36315) (A 7; S 6) (Staff: J. Holt)

C

      26 

DREW PEFFERLE (ASSIGNOR); NEIL A. CLARK AND JULIA L. CLARK (ASSIGNEE): Consider application for the assignment of Lease No. PRC 5699.1, a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 3843 Garden Highway, near the city of Sacramento, Sacramento County; for a boat dock, appurtenant facilities, and bank protection. CEQA Consideration: not a project. (PRC 5699.1; RA# 02716) (A 7; S 6) (Staff: J. Holt)

C

      27 

ERIC FUGE (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 19225 State Route 1, near the town of Marshall, Marin County; for an existing mooring buoy not previously authorized by the Commission. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 26983; RA# 25415) (A 10; S 2) (Staff: D. Tutov)

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      28 

DANA R. CAPPIELLO, TRUSTEE, OR HER SUCCESSORS IN INTEREST OF THE DANA R. CAPPIELLO LIVING TRUST DATED JULY 16, 2007 (APPLICANT): Consider application for a General Lease ‒ Recreational Use, of sovereign land located in Tomales Bay, adjacent to 22667 State Route 1 near the town of Marshall, Marin County; for the installation, use, and maintenance of a mooring buoy. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 27036; RA# 18215) (A 10; S 2) (Staff: D. Tutov)

C

      29 

HOG ISLAND OYSTER COMPANY, INC. (APPLICANT): Consider application for a General Lease – Commercial Use, of sovereign land located in Tomales Bay, adjacent to 20215 State Route 1 near the town of Marshall, Marin County; for three existing mooring buoys not previously authorized by the Commission. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 26985; RA# 23715) (A 10; S 2) (Staff: D. Tutov)

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      30 

MARK CARLSON (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 18565 State Route 1, near the town of Marshall, Marin County; for an existing mooring buoy not previously authorized by the Commission. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 27035; RA# 34415) (A 10; S 2) (Staff: D. Tutov)

C

      31 

THOMAS MCDONNELL RILEY AND MELISSA EATON RILEY (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 22195 State Route 1, near the town of Marshall, Marin County; for the installation, use, and maintenance of a mooring buoy. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 26986; RA# 16315) (A 10; S 2) (Staff: D. Tutov)

C

      32 

RAY F. PETERSON AND BETTY L. PETERSON, AS TRUSTEES OF THE PETERSON 2006 REVOCABLE TRUST, 10/15/06 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Steamboat Slough, adjacent to 13954 Grand Island Road, near Walnut Grove, Sacramento County; for an existing boat dock, appurtenant facilities and bank protection. CEQA Consideration: categorical exemption. (PRC 5754.1; RA# 29415) (A 11; S 3) (Staff: D. Tutov)

C

      33 

DELTA GAS GATHERING, INC. (APPLICANT): Consider application for a General Lease – Right-of-Way Use of sovereign land located in the Sacramento River, between Merritt Island and Randall Island, near the town of Courtland, Sacramento and Yolo Counties; for an existing natural gas pipeline. CEQA Consideration: categorical exemption. (PRC 7906.1; RA # 33815) (A 9; S 3) (Staff: D. Tutov)

C

      34 

PETER R. MOORE AND JAN MOORE (LESSEE); JANICO, LLC (APPLICANT): Consider termination of Lease No. PRC 5865.9, a General Lease – Recreational and Protective Structure Use, and an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 7257 Garden Highway, near the city of Sacramento, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 5865.1; RA# 37415) (A 9; S 6) (Staff: D. Tutov)

C

      35 

KIRK D. WEST AND GLORIA J. WEST (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Georgiana Slough, adjacent to 16807 Terminous Road, near Isleton, Sacramento County; for an existing boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 7014.1; RA# 29615) (A 11; S 3) (Staff: D. Tutov)

     CENTRAL/SOUTHERN REGION

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      36 

PHILLIPS 66 COMPANY (LESSEE): Consider revision of rent for Lease No. PRC 1449.1, a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, offshore of Oceano Dunes State Recreational Vehicle Area, San Luis Obispo County; for an existing wastewater outfall pipeline and an abandoned outfall pipeline. CEQA Consideration: not a project. (PRC 1449.1) (A 35; S 17) (Staff: R. Collins)

C

      37 

TRANSWESTERN PIPELINE COMPANY (LESSEE): Consider revision of rent to Lease No. PRC 7598.1, a General Lease – Right-of-Way Use, of sovereign land located in the Colorado River, southeast of the city of Needles, near the Interstate 40 river crossing, San Bernardino County; for an existing gas pipeline. CEQA Consideration: not a project. (PRC 7598.1) (A 33; S 16) (Staff: R. Collins)

Item revised 10/05/16

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      38 

PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider revision of rent to Lease No. PRC 8737.1, a General Lease – Right-of-Way Use, of sovereign land located in the Colorado River, southeast of the city of Needles, San Bernardino County; for groundwater quality monitoring wells. CEQA Consideration: not a project. (PRC 8737.1) (A 33; S 16) (Staff: R. Collins)

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      39 

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (LESSEE); U.S. BUREAU OF RECLAMATION (APPLICANT): Consider rescission of prior authorization of Lease No. PRC 9239.9 a General Lease – Public Agency Use, and an application for a General Lease – Public Agency Use of sovereign land located in the historic bed of the Colorado River at Moabi Regional Park near the city of Needles, San Bernardino County; for the construction, operation, maintenance, and monitoring of open backwater, wetland, and upland habitat and ancillary structures. CEQA Consideration: Mitigated Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2015101098. (PRC 9239.9; RA# 03916) (A 33; S 16) (Staff: R. Collins)

C

      40 

MARGARET ANN HOHLY, TRUSTEE OF THE MARGARET ANN HOHLY TRUST DATED NOVEMBER 24, 2015 (APPLICANT): Consider an application for a General Lease – Other, of sovereign land located in Huntington Harbour, adjacent to 16931 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck with partial enclosure. CEQA Consideration: categorical exemption. (PRC 3244.1; RA# 35010) (A 72; S 34) (Staff: S. Kreutzburg)

Item revised 10/05/16

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      41 

KENNETH D. WOLDER AND LESLIE A. WOLDER, AS TRUSTEES OF THE WOLDER FAMILY REVOCABLE INTER VIVOS TRUST INITIALLY CREATED ON SEPTEMBER 18, 1991 (LESSEE); DAVID LEE JOHNSTON AND LISA D. JOHNSTON, TRUSTEES OF THE DLJ TRUST DATED DECEMBER 20, 2005 (APPLICANT): Consider an application for an assignment of Lease No. PRC 7422.9, a Recreational Pier Lease, of sovereign land located in Huntington Harbour, adjacent to 16212 Piedmont Circle, Huntington Beach, Orange County; for an existing boat dock. CEQA Consideration: not a project. (PRC 7422.9; RA# 01316) (A 72; S 34) (Staff: S. Kreutzburg)

C

      42 

QUI V. PHAN AND NGAN L. PHAN (APPLICANT): Consider an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Huntington Harbour, adjacent to 16711 Carousel Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, and bulkhead protection. CEQA Consideration: categorical exemption. (PRC 8244.1; RA# 38715) (A 72; S 34) (Staff: S. Kreutzburg)

Item revised 10/05/16

C

      43 

KIMBERLEE M. KROUSE, TRUSTEE OF THE VIRGINA BAKER PERSONAL RESIDENCE TRUST, DATED FEBUARY 4, 2005 (LESSEE); KEVIN P. KROUSE, TRUSTEE OF THE KEVIN P. KROUSE INVESTMENT TRUST DATED DECEMBER 22, 2012, AS TO AN UNDIVIDED ONE-HALF INTEREST, AND COURTNEY N. KROUSE, TRUSTEE OF THE COURTNEY N. KROUSE INVESTMENT TRUST DATED DECEMBER 19, 2012, AS TO AN UNDIVIDED ONE-HALF INTEREST, AS TENANTS IN COMMON (APPLICANT): Consider termination of Lease No. PRC 3565.9, a Recreational Pier Lease, and an application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 3282 Gilbert Drive, city of Huntington Beach, Orange County; for an existing boat dock and access ramp. CEQA Consideration: categorical exemption. (PRC 3565.1; RA# 34915) (A 72; S 34) (Staff: L. Pino)

     SCHOOL LANDS

C

      44 

JOHN D. VAN SANT AND SELBY L. VAN SANT (ASSIGNOR); JUSTIN W. CHAIDEZ AND MARIA A. CORONADO (ASSIGNEE): Consider application for the assignment of Lease No. PRC 4541.2, General Lease – Right-of-Way Use, of State-owned school land within a portion of Section 36, Township 9 North, Range 22 East, SBM, near the city of Needles, San Bernardino County; for an existing roadway and utility access. CEQA Consideration: not a project. (PRC 4541.2; RA# 00416)(A 33; S 16) (Staff: C. Hudson)

C

      45 

SOUTHERN CALIFORNIA EDISON COMPANY (APPLICANT): Consider termination of Lease Nos. PRC 4024.2, PRC 4025.2, PRC 4026.2 and PRC 4027.2, General Lease – Right-of-Way Easements; and application for a General Lease – Right-of-Way Use, of State-owned school land within portions of Section 36, Township 12 North, Range 20 East, SBM; Section 36, Township 10 North, Range 13 East, SBM; Section 36, Township 10 North, Range 14 East, SBM; and Section 36, Township 10 North, Range 15 East, SBM, near the Mojave National Preserve, San Bernardino County; for an existing overhead transmission line, steel towers, and access road. CEQA Consideration: categorical exemption. (PRC 4024.2; RA# 33415) (A 33; S 16) (Staff: C. Hudson)

C

      46 

NORBERT C. FREITAS AND ALICE FREITAS (LESSEE): Consider revision of rent to Lease No. PRC 5329.2, a General Lease – Grazing Use, of State-owned school and lieu land within portions of Section 36, Township 32 North, Range 15 East, MDM; Sections 7, 16, 17, 18, 19, 20, and 30 Township 31 North, Range 16 East, MDM; and portions of Sections 24, 25, 34, and all of Section 36, Township 31 North, Range 15 East, MDM, near the unincorporated community of Ravendale, Lassen County; for livestock grazing and fencing. CEQA Consideration: not a project. (PRC 5329.2) (A 1; S 1) (Staff: C. Hudson)

MINERAL RESOURCES MANAGEMENT

C

      47 

DAVID EVANS AND ASSOCIATES, INC. (APPLICANT): Consider an application for a Non-Exclusive Geophysical Survey Permit to conduct low-energy geophysical surveys on tide and submerged lands under the jurisdiction of the California State Lands Commission. CEQA Consideration: Mitigated Negative Declaration and addendum, State Clearinghouse No. 2013072021. (WP 8345; RA# 03316) (A & S: Statewide) (Staff: R. B. Greenwood)

C

      48 

FUGRO PELAGOS, INC. (APPLICANT): Consider an application for a Non-Exclusive Geophysical Survey Permit to conduct low-energy geophysical surveys on tide and submerged lands under the jurisdiction of the California State Lands Commission. CEQA Consideration: Mitigated Negative Declaration and addendum, State Clearinghouse No. 2013072021. (WP 8391; RA# 02616) (A & S: Statewide) (Staff: R. B. Greenwood)

C

      49 

MERKEL & ASSOCIATES, INC. (APPLICANT): Consider an application for a Non-Exclusive Geophysical Survey Permit to conduct low-energy geophysical surveys on tide and submerged lands under the jurisdiction of the California State Lands Commission. CEQA Consideration: Mitigated Negative Declaration and addendum, State Clearinghouse No. 2013072021. (W 6005.169; RA# 04916) (A & S: Statewide) (Staff: R. B. Greenwood)

C

      50 

SCRIPPS INSTITUTION OF OCEANOGRAPHY (APPLICANT): Consider an application for a Non-Exclusive Geophysical Survey Permit to conduct low-energy geophysical surveys on tide and submerged lands under the jurisdiction of the California State Lands Commission. CEQA Consideration: Mitigated Negative Declaration and addendum. State Clearinghouse No. 2013072021. (WP 9094;RA# 07016) (A & S: Statewide) (Staff: R. B. Greenwood)

C

      51 

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of qualifying miles for subventions for Fiscal Year 2016-2017, to the counties of Ventura and Santa Barbara; to the city of Carpinteria located in Santa Barbara county; to the cities of Huntington Beach and Seal Beach located in Orange county; and to the city of Long Beach located in Los Angeles County. CEQA Consideration: not a project. (W 4848.1, W 4848.3, W 4848.4, W 4848.5, W 4848.6, W 4848.8) (A 37, 53, 68, 70, 72, 74; S 19, 24, 33, 34, 37) (Staff: N. Heda, C. Connor)

C

      52 

ROBERT G. WETZEL (APPLICANT): Consider application for a prospecting permit for minerals other than oil, gas, geothermal resources, or sand and gravel, Assessor’s Parcel Numbers 041-380-01, and 041-380-02, administered by the California State Lands Commission as trustee, containing approximately 640 acres of State-owned 100 percent reserved mineral interest school lands, within Section 36, Township 27 North, Range 4 East, SBM, located about 8 miles northwest of Death Valley junction, Inyo County. CEQA Consideration: categorical exemption.(W 40984; RA# 00816) (A 26; S 28) (Staff: V. Perez)

C

      53 

RONALD JAMES MARTIN (APPLICANT): Consider application for a prospecting permit for minerals other than oil, gas, geothermal resources, or sand and gravel, Assessor’s Parcel Number 097-210-06, administered by the California State Lands Commission as trustee, containing approximately 145 acres of State fee-owned school lands, within Section 36, Township 28.5 South, Range 40 East, MDM, Kern County. CEQA Consideration: categorical exemption. (W 40985; RA# 14815) (A 35; S 18) (Staff: V. Perez)

C

      54 

CITY OF LONG BEACH (TRUSTEE): Consider acceptance of the Final Report and Closing Statement for the Long Beach Unit Annual Plan (July 1, 2015, through June 30, 2016), Long Beach Unit, Wilmington Oil Field, Los Angeles County.  CEQA Consideration: not a project. (W 17168) (A 70; S 33, 34) (Staff: E. Tajer)

MARINE ENVIRONMENTAL PROTECTION ‒ NO ITEMS

ADMINISTRATION

C

      55 

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider delegating authority to the Executive Officer to solicit statements of interest for on-call consultant services, negotiate a fair and reasonable price, and award and execute agreements of less than $250,000 per task for environmental or Public Trust review of water infrastructure projects and programs for which Commission staff seeks to prioritize review pursuant to Governor Brown’s Executive Order B-29-15. CEQA Consideration: not a project. (A & S: Statewide) (Staff: A. Abeleda, C. Connor, C. Oggins)

C

      56 

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider delegating authority to the Executive Officer to solicit proposals for electrical engineering services, negotiate a fair and reasonable price, and award and execute agreements for conducting electrical systems safety analysis at oil and gas drilling and production facilities on State-owned lands under lease or contract with the Commission in Santa Barbara, Ventura, Orange and Los Angeles Counties. CEQA Consideration: not a project. (A & S: Statewide) (Staff: A. Abeleda, D. Cook, D. Rodriquez)

C

      57 

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider delegating authority to the Executive Officer to solicit bids, and award and execute agreements for the removal of the various hazards located along the coastline in Santa Barbara and Ventura Counties. CEQA Consideration: Mitigated Negative Declaration and Mitigation Monitoring Program, adopted by the California State Lands Commission, State Clearinghouse No. 2002071146. (Staff: A. Abeleda, D. Cook, C. Basavalinganadoddi)

C

      58 

CALIFORNIA STATE LANDS COMMISSION, IN ITS CAPACITY AS THE KAPILOFF LAND BANK TRUSTEE, AND CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (PARTIES): Consider delegating authority to the Executive Officer to execute agreements and authorize expenditures from Kapiloff Land Bank funds for the management of the Bolsa Chica Lowlands Restoration Project for budget fiscal year 2016-2017. CEQA Consideration: categorical exemption. (C2013-033, Bid Log 2016-07) (A & S: Statewide) (Staff: W. Hall, A. Abeleda)

Item revised 10/11/16

LEGAL

C

      59 

CALIFORNIA STATE LANDS COMMISSION, BAYWOOD, LLC (PARTIES): Consider a Compromise Title Settlement and Land Exchange Agreement Between the California State Lands Commission and Baywood, LLC, a California Limited Liability Company, resolving title to certain real property located in and adjacent to the Petaluma River, city of Petaluma, Sonoma County. CEQA Consideration: statutory exemption. (W 24561) (A 10; S 3) (Staff: S. Blackmon, J. Garrett, D. Frink)

C

      60 

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider adopting Best Management Practices for marine debris removal as required by the California Harbors and Navigation Code section 552. CEQA Consideration: not a project. (A & S: Statewide) (Staff: P. Pelkofer)

KAPILOFF LAND BANK TRUST ACQUISITIONS ‒ NO ITEMS

EXTERNAL AFFAIRS

      GRANTED LANDS

C

      61 

CITY OF MARTINEZ (TRUSTEE): Consider relieving the City of Martinez from a requirement to transmit 20 percent of the revenue generated from its granted lands to the state. CEQA Consideration: not a project. (G 02-02) (A 11; S 7) (Staff: R. Boggiano)

LEGISLATION AND RESOLUTIONS ‒ SEE INFORMATIONAL

V.          INFORMATIONAL

 

      62 

CALIFORNIA STATE LANDS COMMISSION: Legislative report providing information and a status update concerning state legislation relevant to the California State Lands Commission. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton, M. Moser)

VI.         REGULAR CALENDAR 63-65

 

      63 

PACIFIC WIND DEVELOPMENT, LLC (APPLICANT): Consider application for a General Lease – Industrial Use, of 640 acres, more or less, of State school land located in Section 16, Township 16 South, Range 6 East, SBM, north of Boulevard, San Diego County, for the construction, operation, maintenance, and decommissioning of a new wind energy facility. CEQA Consideration: Environmental Impact Report/Statement (EIR/EIS), certified by the California Public Utilities Commission, State Clearinghouse No. 2009121079, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (W 26245; RA# 05707) (A 71; S 40) (Staff: J. Porter, P. Huber, J. Mattox)

Exhibit E revised 10/06/16

 

      64 

CALIFORNIA STATE LANDS COMMISSION AND SAN DIEGO UNIFIED PORT DISTRICT (PARTIES): Consider authorization of a Memorandum of Agreement between the State Lands Commission and the San Diego Unified Port District to develop a pilot marine planning effort for State-owned tidelands and submerged lands located in the Pacific Ocean offshore San Diego County. CEQA Consideration: not a project. (A 78, 80; S 39, 40) (Staff: J. Mattox, S. Pemberton)

Exhibit A revised 10/11/16

 

      65 

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider approval of the 2016 Category 1 Southern California benchmark rental rate for sovereign land in Ventura, Los Angeles, Orange, and San Diego Counties; and approval of the 2016 Category 2 Huntington Harbour benchmark rental rate for sovereign land in the city of Huntington Beach, Orange County. CEQA Consideration: not a project. (W 27041) (A 37, 44, 50, 62, 66, 70, 72, 73, 74, 76, 78, 80; S 19, 27, 28, 33, 34, 35, 37, 38, 39, 40) (Staff: K. Foster)

VII.

PUBLIC COMMENT

VIII.

COMMISSIONERS’ COMMENTS

IX.

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):

California State Lands Commission v. City and County of San Francisco

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

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

San Francisco Baykeeper v. California State Lands Commission

Center for Biological Diversity v. California State Lands Commission

City of Santa Monica, et al. v. Nugent

City of Santa Monica, et al. v. Ornstein

City of Santa Monica, et al. v. Bader

City of Santa Monica, et al. v. Levy

City of Santa Monica, et al. v. Philbin

City of Santa Monica, et al. v. Greene

City of Santa Monica, et al. v. Prager

Sierra Club et al. v. City of Los Angeles, et al.

United States v. Walker River Irrigation District, et al.

United States v. 1.647 Acres

Nowel Investment Company v. State of California; California State Lands Commission

Little Beaver Land Company, Inc. v. State of California

City of Goleta v. California State Lands Commission

World Business Academy v. California State Lands Commission

In re: Rincon Island Limited Partnership Chapter 11

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

B.   CONFERENCE WITH REAL PROPERTY NEGOTIATORS.

       THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER     GOVERNMENT CODE SECTION 11126(c)(7) – TO PROVIDE DIRECTIONS TO ITS NEGOTIATORS REGARDING PRICE AND TERMS FOR LEASING OF REAL PROPERTY.

 

1.       Provide instructions to negotiators proposed amendments to oil and gas leases held by Venoco, Inc., Santa Barbara County. Negotiating parties: Venoco, Inc.; State Lands Commission; Under negotiation: terms.

 

2.      Provide instructions to negotiators regarding acquisition of a public access easement to and along Martins Beach in San Mateo County.  Negotiating Parties: Martins Beach 1, LLC., Martins Beach 2, LLC, State Lands Commission; Under negotiation: price and terms.

C.   OTHER MATTERS.

       THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126(e)(2)(B) or (2)(C).  THE COMMISSION MAY ALSO CONSIDER PERSONNEL ACTIONS TO APPOINT, EMPLOY, OR DISMISS A PUBLIC EMPLOYEE AS PROVIDED IN GOVERNMENT CODE SECTION 11126(a)(1).