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 11:00 AM on Friday, July 29, 2016

REGULAR MEETING

A G E N D A

VOTING RECORD

August 9, 2016

THE PORT OF LOS ANGELES

BOARD HEARING ROOM

HARBOR ADMINISTRATION BUILDING

425 S. PALOS VERDES STREET

SAN PEDRO, CALIFORNIA 90731

11:00 A.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 JUNE 28, 2016 MEETING were approved by a vote of 3-0 (Yee-YES; williams-yes; ORTEGA-YES).

CONSENT CALENDAR:

·         CONSENT ITEMS C16 AND C33 WERE REMOVED FROM CONSIDERATION

·         CONSENT ITEM C34 WAS MOVED TO THE REGULAR CALENDAR

·         CONSENT ITEMS C01-C15, C17-C32, AND C35-C54 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES) 

INFORMATIONAL CALENDAR:

·         ITEM 55 − WAS INFORMATIONAL − NO VOTE REQUIRED

REGULAR CALENDAR:

·         ITEM C34 − WAS DISCUSSED, BUT ITEM WAS DEFERRED, TO BE CONSIDERED AT A FUTURE MEETING BY A VOTE OF 3-0  (YEE-YES; WILLIAMS-YES; ORTEGA-YES) 

·         ITEM 56 WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES)

·         ITEM 57 – WAS REMOVED FROM CONSIDERATION

·         ITEM 58 – STAFF PRESENTATION WAS MADE.  ITEM WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES; WILLIAMS-YES; ORTEGA-YES)

·         ITEM 59 – STAFF PRESENTATION WAS MADE.  ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 60 – STAFF PRESENTATION WAS MADE.  ITEM WAS INFORMATIONAL – NO VOTE REQUIRED

·         ITEM 61 – 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.

11:00 A.M. – OPEN SESSION

II.

CONFIRMATION OF MINUTES FOR THE MEETING OF June 28, 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:

·         Ronald Rott (Lessee): Continuation of annual rent at $171 per year for a General Lease – Recreational and Protective Structure Use located on sovereign land in the Sacramento River, adjacent to 4145 Garden Highway, near the city of Sacramento, Sacramento County.  (PRC 6088.1)

IV.

CONSENT CALENDAR C01-C54

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 

CITY OF PETALUMA (APPLICANT/LESSOR/SUBLESSOR); PETALUMA SMALL CRAFT CENTER (SUBLESSEE): Consider termination of Lease No. PRC 5607.9, a General Permit − Public Agency Use; and an application for a General Lease – Public Agency Use, and approval of a sublease, of sovereign land located in the Petaluma River, adjacent to Assessor’s Parcel Numbers 007-142-018, 007-142-026, 008-054-005, and 008-067-005, city of Petaluma, Sonoma County; for two existing uncovered floating boat dock facilities, three gangways, and appurtenant facilities previously authorized by the Commission; and an existing platform, ramp, and gangway, extension of one uncovered floating boat dock facility, construction of a floathouse, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: termination and issuance – categorical exemption; construction of dock extension and floathouse − Mitigated Negative Declaration, approved by the City of Petaluma, State Clearinghouse No. 2015042070, and adoption of a Mitigation Monitoring Program. (PRC 5607.1; RA# 26014) (A 10; S 3) (Staff: M.J. Columbus)

C

     02 

DAVID MICHAEL LANCISI AND JANINE LANCISI (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Donner Lake, adjacent to 14106 South Shore Drive, near the town of Truckee, Nevada County; for an existing pier. CEQA Consideration: categorical exemption.  (PRC 7851.1; RA# 14315) (A 1; S 1) (Staff: M.J. Columbus)

C

     03 

FEATHER RIVER RECREATION AND PARK DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Feather River, adjacent to a public park known as Riverbend Park, near the city of Oroville, Butte County; for a public park and facilities previously authorized by the Commission and an existing boat dock, launching ramp, and other ancillary park facilities not previously authorized by the Commission. CEQA Consideration:  categorical exemption. (PRC 6751.1; RA# 33714) (A 3; S 4) (Staff: M.J. Columbus)

C

     04 

JAN COHN STEARNS AND ESTHER MARION STEARNS, TRUSTEES OF THE COHN/STEARNS TRUST DATED 7/26/97 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Donner Lake, adjacent to 14722 South Shore Drive, near the town of Truckee, Nevada County; for the reconstruction, use, and maintenance of a pier not previously authorized by the Commission and installation of a boat lift. CEQA Consideration: categorical exemption. (W 26943; RA# 23015) (A1; S 1) (Staff: M.J. Columbus)

C

     05 

SUTTER BUTTE FLOOD CONTROL AGENCY (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Feather River, adjacent to Assessor's Parcel Numbers 025-200-141 and 024-220-030, near the city of Gridley, Butte County; for placement, use, and maintenance of rock slope protection. CEQA Consideration: Supplemental Environmental Impact Report, certified by the Sutter Butte Flood Control Agency, State Clearinghouse No. 2011052062, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (W 26988; RA# 36215) (A 3; S 4) (Staff: M.J. Columbus)

C

     06 

MICHAEL E. RANEY, TRUSTEE OF THE MICHAEL E. RANEY LIVING TRUST DATED DECEMBER 3, 2010 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7701 State Highway 89, Meeks Bay, El Dorado County; for an existing pier and one mooring buoy previously authorized by the Commission and an existing marine rail, three water intake pipelines, and one mooring buoy not previously authorized by the Commission; and denial for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: lease − categorical exemption; denial – statutory exemption. (PRC 4266.1; RA# 37810) (A 5; S 1) (Staff: N. Lee)

C

     07 

THE 628 OLYMPIC PARTNERSHIP, L.P., A CALIFORNIA LIMITED PARTNERSHIP (ASSIGNOR); JOHN V. BAUTISTA (ASSIGNEE): Consider application for the assignment of Lease No. PRC 9326.1, General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 628 Olympic Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: not a project. (PRC 9326.1; RA# 35215) (A 1; S 1) (Staff: N. Lee)

C

     08 

LINDA COUNTY WATER DISTRICT (LESSEE/APPLICANT): Consider termination of Permit No. PRC 5292.9, a Public Agency Permit, and an application for a General Lease – Public Agency Use, of filled sovereign land located in the historic bed of the Feather River, adjacent to 909 Myrna Avenue, near Olivehurst, Sutter and Yuba Counties; for an existing effluent pipeline and appurtenant facilities; and construction, use and maintenance of a temporary bypass effluent pipeline. CEQA Consideration: Mitigated Negative Declaration and an Addendum, adopted by the City of Marysville, State Clearinghouse No. 2012122018, and adoption of a Mitigation Monitoring Program. (PRC 5292.9; RA# 30615) (A 3; S 4) (Staff: M. Schroeder)

C

     09 

CITY OF MARYSVILLE (LESSEE/APPLICANT): Consider termination of Permit No. PRC 5543.9, a Public Agency Permit, and an application for a General Lease – Public Agency Use, of filled sovereign land located in the historic bed of the Yuba River, adjacent to Assessor Parcel Number’s 010-260-009, 010-260-017, 010-260-018, and 010-260-019, near the city of Marysville, Yuba County; for existing sewage treatment facilities and appurtenant facilities; and construction, use and maintenance of a temporary bypass effluent peipline. CEQA Consideration: Mitigated Negative Declaration and an Addendum, adopted by the City of Marysville, State Clearinghouse No. 2012122018, and adoption of a Mitigation Monitoring Program. (PRC 5543.9; RA# 30515) (A 3; S 4) (Staff: M. Schroeder)

C

     10 

U.S. BUREAU OF RECLAMATION (LESSEE): Consider application for an amendment to Lease No. PRC 5482.9, a General Lease – Public Agency Use, of sovereign land located in the Sacramento River, near the city of Redding, Shasta County; to include 11 additional areas for the rehabilitation and restoration of King salmon and Winter-Run Chinook salmon spawning grounds. CEQA Consideration: Pursuant to the Emergency Declarations, for purposes of this activity CEQA is suspended with regard to this proposed authorization. (PRC 5482.9; RA# 13915)(A 1; S 1) (Staff: M. Schroeder)

     BAY/DELTA REGION

C

     11 

THE SUSAN M. SCHABER LIVING TRUST, UTD, JUNE 23, 2005, SUSAN MARTHA SCHABER, TRUSTEE (ASSIGNOR); CHRISTOPHER CHARLES SCHIMUNEK AND BRIGILIN ROBANTE SCHIMUNEK, TRUSTEES OF THE SCHIMUNEK LIVING TRUST DATED 06/13/2000 (ASSIGNEE): Consider application for the assignment of Lease No. PRC 5159.1, a General Lease − Recreational and Protective Structure Use, of sovereign land located in Georgiana Slough, adjacent to 401 West Willow Tree Lane, near the city of Isleton, Sacramento County; for a U-shaped floating boat dock with boat lift, floating boat dock, appurtenant facilities, and bank protection. CEQA Consideration: not a project.  (PRC 5159.1; RA# 18115) (A 11; S 3) (Staff: G. Asimakopoulos)

C

     12 

JOHN H. BROUGHTON AND GRAYCE A. BROUGHTON (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in Steamboat Slough, on Ryer Island, adjacent to 3427 Snug Harbor, near Walnut Grove, Solano County; for an existing uncovered floating boat dock, deck, appurtenant facilities, and bank protection.  CEQA Consideration: categorical exemption.  (PRC 6503.1; RA# 37815) (A 11; S 3) (Staff: V. Caldwell)

C

     13 

FORESTAR (USA) REAL ESTATE GROUP, INC. (LESSEE/ASSIGNOR); 2101-2603 WILBUR LLC (ASSIGNEE): Consider rescission of approval for the assignment and revision of rent to Lease No. PRC 4813.1; and an application for the assignment of lease, amendment of lease, and revision of rent and surety to Lease No. PRC 4813.1, General Lease − Industrial Use, of sovereign land in the San Joaquin River, adjacent to 2301 Wilbur Road, near the city of Antioch, and West Island, Contra Costa and Sacramento Counties; for an existing non-operational maintenance pier, pipelines, and appurtenant facilities. CEQA Consideration: not a project. (PRC 4813.1; RA# 33015) (A 11; S 7) (Staff: V. Caldwell)

C

     14 

FORESTAR (USA) REAL ESTATE GROUP, INC. (LESSEE/ASSIGNOR); 2101-2603 WILBUR LLC (ASSIGNEE): Consider rescission of approval for the assignment and revision of rent to Lease No. PRC 1546.1; and an application for the assignment of lease, amendment of lease, and revision of rent and surety 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

     15 

BURLINGAME BAY LLC (LESSEE); CATHAY BANK (SECURED PARTY-LENDER): Consider application for termination and issuance of an Agreement and Consent to Encumbrancing of Lease for filled and partially filled sovereign land located in San Francisco Bay, adjacent to the Sanchez Channel and Burlingame Lagoon, Burlingame, San Mateo County; for an existing landscaped segment of the San Francisco Bay Trail including paved walkways, bike trails, viewing areas, benches, trash containers, and commercial parking. CEQA Consideration: not a project. (PRC 6127.1; RA# 20614) (A 22; S 13) (Staff: A. Franzoia)

C

     16 

BURLINGAME BAY PARK HOTEL LLC (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use of sovereign land located in San Francisco Bay, city of Burlingame, San Mateo County, for maintenance of the existing site and information collection. CEQA Consideration: categorical exemption. (W 26981; RA# 35315) (A 22; S 13) (Staff: A. Franzoia)

REMOVED FROM AGENDA

C

     17 

CITY OF SACRAMENTO (LESSEE/SUBLESSOR); WATERFRONT MANAGEMENT, INC. (SUBLESSEE/ASSIGNOR); RIVERWALK VENTURES LLC (ASSIGNEE): Consider application for the consent to assignment and an amendment of a sublease under Lease No. PRC 7001.1, General Lease – Public Agency Use, of sovereign land located in the Sacramento River, city of Sacramento, Sacramento County; for riverfront commercial use. CEQA Consideration: not a project. (PRC 7001.1; RA# 27614) (A 7;  S 6) (Staff: A. Franzoia)

C

     18 

CITY OF MODESTO (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, in the city of Modesto, Stanislaus County; for the construction of a recycled-water pipeline. CEQA Consideration: Environmental Impact Report/Statement, certified by the City of Modesto, State Clearinghouse No. 2014042068, and adoption of a Mitigation Monitoring Program and Statement of Findings. (W 26959; RA# 27915) (A 21; S 12) (Staff: W. Hall)

C

     19 

TUOLUMNE RIVER CONSERVANCY, INC., A CALIFORNIA NONPROFIT CORPORATION (APPLICANT): Consider application for a General Lease – Other, of sovereign land located in the Tuolumne River Channel and floodplain at Bobcat Flat, approximately five river miles west of the community of La Grange near River Mile 43, Stanislaus County; for the construction, restoration, and rehabilitation of the bed of the Tuolumne River Channel and floodplain to improve wildlife and aquatic habitat. CEQA Consideration: Mitigated Negative Declaration, adopted by the California Department of Fish and Wildlife, State Clearinghouse No. 2010072048, and adoption of a Mitigation Monitoring Program. (PRC 8609.9; RA# 37515) (A 24; S 14) (Staff: C. Hudson)

C

     20 

DOUGLAS HANFORD AND DAVID CASELLA (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 19225 State Route 1, 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 26973; RA# 30815) (A 10; S 2) (Staff: D. Tutov)

C

     21 

FRANK G. STATHOS (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 961 Piedmont Drive, city of Sacramento, Sacramento County; for an existing boathouse with boat lift, floating boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption.  (PRC 8534.1; RA# 28315) (A 9; S 6) (Staff: D. Tutov)

C

     22 

JAMES BLAIR (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 19225 State Route 1, 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 26970; RA# 29015) (A 10; S 2) (Staff: D. Tutov)

C

     23 

JOAN E. CARLSON AND MARK ROPERS (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 18555 State Route 1, Marin County; for a proposed mooring buoy.  CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 26975; RA# 18515) (A 10; S 2) (Staff: D. Tutov)

C

     24 

LORCA ROSSMAN (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 18255 State Route 1, 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 26972; RA# 25615) (A 10; S 2) (Staff: D. Tutov)

C

     25 

MARK BARTOLINI AND VARIAN BARTOLINI (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 178 Camino Del Mar, 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 26971; RA# 24115) (A 10; S 2) (Staff: D. Tutov)

C

     26 

STEVEN SCHWANKE AND BARBARA SCHWANKE AS TRUSTEE OF THE SCHWANKE FAMILY 1991 TRUST DATED APRIL 5, 1991 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 22665 State Route 1, Marin County; for a proposed mooring buoy. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074.  (W 26974; RA# 18715) (A 10; S 2) (Staff: D. Tutov)

     CENTRAL/SOUTHERN REGION

C

     27 

CENTRAL CALIFORNIA IRRIGATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, near the city of Dos Palos, Fresno and Madera Counties; for the construction, use, and maintenance of a concrete pipeline.  CEQA Consideration: Mitigated Negative Declaration, adopted by the Central California Irrigation District, State Clearinghouse No. 2016021011, and adoption of a Mitigation Monitoring Program. (W 26956; RA# 26415) (A 5, 31; S 12) (Staff: R. Collins)

C

     28 

CITY OF SEAL BEACH (APPLICANT): Consider application for a General Lease – Public Agency Use, and approval of subleases, of sovereign land located in the Pacific Ocean, in the city of Seal Beach, Orange County, including an endorsement of four subleases; for use and maintenance of an existing pier with a lifeguard tower, concrete sheet pile groin, maintenance building, storage building, restaurant, public restroom, picnic area, raised planter areas with retaining walls, three parking lots, playground, the construction, use, and maintenance of a seasonal flood control berm, and the seasonal placement, use, and maintenance of temporary lifeguard stations. CEQA Consideration: lease – categorical exemption; approval of subleases – not a project. (PRC 3792.1; RA# 11113) (A 72; S 34) (Staff: R. Collins)

REVISED

C

     29 

SAN JOAQUIN RIVER PARKWAY AND CONSERVATION TRUST, INC. (LESSEE): Consider correction to prior authorization of Lease No. PRC 8162.9, a General Lease – Riparian Habitat Restoration Use, of sovereign land located in the San Joaquin River, from Friant Dam to the confluence of the Merced River, including Mendota Pool, and the East Side and Mariposa bypasses, Fresno, Madera, Merced, and Stanislaus Counties; for the removal of invasive weeds and restoration of natural riparian habitat. CEQA Consideration: not a project. (PRC 8162.9) (A 5, 21, 23, 31; S 8, 12) (Staff: R. Collins)

C

     30 

THOMAS R. BURMAN AND BARI DREIBAND BURMAN, TRUSTEES OF THE BURMAN TRUST DATED NOVEMBER 19, 1992 (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Pacific Ocean, adjacent to 5297 Austin Road, City of Santa Barbara, Santa Barbara County; for an existing seawall. CEQA Consideration: categorical exemption. (PRC 5809.1; RA# 09815) (A 37; S 19) (Staff: R. Collins)

C

     31 

ORANGE COUNTY FLOOD CONTROL DISTRICT (APPLICANT): Consider application for a General Lease – Dredging, of sovereign land located in the Santa Ana River and the Pacific Ocean, in the cities of Seal Beach, and San Clemente, Orange County; for maintenance dredging in the lower Santa Ana River, and deposition of dredged materials at a receiver site in San Clemente. CEQA Consideration: Supplemental Environmental Impact Statement as a CEQA equivalent document and Addendum, certified by the Orange County Flood Control District, and a Mitigated Negative Declaration, adopted by the City of San Clemente; and adoption of a Mitigation Monitoring Program. (W 26927; RA# 11615) (A 70, 72, 73; S 34, 36) (Staff: K. Foster)

C

     32 

BIN XU (APPLICANT): Consider correction to prior authorization of Lease No. PRC 3859.1, a General Lease – Recreational Use of sovereign land located in Huntington Harbour, adjacent to 16801 Bolero Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: not a project. (PRC 3859.1; RA# 01215) (A 72; S 34) (Staff: S. Kreutzburg)

C

     33 

FRANK R. WARREN AND JOANNE C. WARREN, TRUSTEES OF THE FRANK R. WARREN AND JOANNE C. WARREN TRUST DATED AUGUST 2, 1985 (LESSEE); JOANNE C. WARREN, TRUSTEE OF THE WARREN TSA TRUST DATED JANUARY 4, 2011; JOANNE C. WARREN, TRUSTEE OF THE WARREN CLW TRUST DATED JANUARY 4, 2011; JOANNE C. WARREN, TRUSTEE OF THE WARREN LWC TRUST DATED JANUARY 4, 2011; AND JOANNE C. WARREN, TRUSTEE OF THE WARREN BLW TRUST DATED JANUARY 4, 2011 (APPLICANT): Consider an application for a General Lease – Protective Structure Use, of tide and submerged land located in the San Dieguito River, adjacent to 3010 Sandy Lane, near Del Mar, San Diego County; for a riprap rock revetment.  CEQA Consideration: categorical exemption. (PRC 7899.1; RA# 12715) (A 29; S 17) (Staff: S. Kreutzburg)

REMOVED FROM AGENDA

C

     34 

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 enclosure. CEQA Consideration: categorical exemption. (PRC 3244.1; RA# 35010) (A 72; S 34) (Staff: S. Kreutzburg)

C

     35 

MARILYN M. DONOVAN, AS TRUSTEE OF THE DONOVAN FAMILY TRUST DATED MAY 9, 1988 AS TO AN UNDIVIDED 8% INTEREST, AND MARILYN M. DONOVAN, AS TRUSTEE OF THE DONOVAN FAMILY TRUST C AS TO AN UNDIVIDED 92% AS TENANTS IN COMMON (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 3402 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock and access ramp. CEQA Consideration: not a project.(PRC 3175.1; RA# 33715) (A 72; S 34) (Staff: S. Kreutzburg)

C

     36 

MELTON L. BACON AND KATHERINE L. BACON, TRUSTEES OF THE MELTON BACON AND KATHERINE L. BACON AMENDED AND RESTATED FAMILY TRUST, DATED MARCH 29, 2002 (LESSEE); GILBERT ISLAND PROPERTY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider termination of Lease No. PRC 3168.1, a General Lease – Recreational Use, and an application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 16572 Somerset Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption. (PRC 3168.1; RA# 35115) (A 72; S 34) (Staff: S. Kreutzburg)

C

     37 

ROBIN A. BEESO (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 3262 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock, access ramp, and cantilevered deck. CEQA Consideration: categorical exemption.(PRC 3076.1; RA# 31015) (A 72; S 34) (Staff: S. Kreutzburg)

C

     38 

CALIFORNIA RESOURCES PETROLEUM CORPORATION (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Pacific Ocean, near Emma Wood State Beach, Ventura County; for maintenance of two non-operational intake pipelines and one non-operational outfall pipeline.  CEQA Consideration: categorical exemption. (PRC 3913.1; RA# 29815)(A 37; S 19) (Staff: D. Simpkin)

C

     39 

CITY OF REEDLEY (LESSEE): Consider revision of rent to Lease No. PRC 8956.1, a General Lease – Public Agency Use, of sovereign land located in the Kings River, city of Reedley, Fresno County; for a bridge with sewer and water main pipes, and utility conduits. CEQA Consideration: not a project. (PRC 8956.1) (A 31; S 14) (Staff: D. Simpkin)

C

     40 

PACIFIC GAS AND ELECTRIC COMPANY (LESSEE): Consider application for an amendment to Lease No. PRC 8985.1, a General Lease – Data Collection Use, of sovereign land offshore of Diablo Canyon Power Plant, near Avila Beach, San Luis Obispo County; to amend the lease to allow for the use of four autonomous ocean bottom seismometers. CEQA Consideration: Mitigated Negative Declaration, previously adopted by the California State Lands Commission, State Clearinghouse No. 2011081079, and Addendum. (PRC 8985.1; RA# 25814) (A 35; S 17) (Staff: D. Simpkin)

C

     41 

SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE): Consider revision of rent to Lease No. PRC 8097.1, a General Lease – Non-Income Producing Use, of sovereign land located in the Pacific Ocean, near San Clemente, Orange County; for an artificial kelp reef. CEQA Consideration: not a project. (PRC 8097.1) (A 73; S 36) (Staff: D. Simpkin)

C

     42 

CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER (LADWP) (LESSEE): Consider application for an amendment to Lease No. PRC 8079.9, a General Lease – Public Agency Use, of sovereign land located in the dry lakebed, Owens Lake, Inyo County, to authorize the implementation of a Dynamic Water Management Plan including modifications to dust seasons on 44 dust control areas.  CEQA Consideration: Environmental Impact Report, certified by the Los Angeles Department of Water and Power, State Clearinghouse No. 2014071057, and an Addendum prepared by the California State Lands Commission. (PRC 8079.9; RA# 34315) (A 26; S 8) (Staff: G. Kato)

     SCHOOL LANDS

C

     43 

BONNEVILLE POWER ADMINISTRATION (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State-owned school land located within a portion of Section 16 (Lot 4), Township 48 North, Range 6 East, MDM, near the California-Oregon border, Modoc County; for an existing unpaved access road not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26977; RA# 33515) (A 1; S 1) (Staff: C. Hudson)

C

     44 

PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE, INC. (LESSEE): Consider revision of rent to Lease No. PRC 8945.2, a General Lease – Right-of-Way Use, of Indemnity school lands within portions of Sections 3, 10, 11, & 12, Township 26 North, Range 16 East, MDM and Section 7, Township 26 North, Range 17 East, MDM, near the community of Herlong, Lassen County; for two existing transmission lines, two existing distribution lines, and one fiber-optic communications line. CEQA Consideration: not a project. (PRC 8945.2) (A 1; S 1) (Staff: C. Hudson)

C

     45 

GREEN DIAMOND RESOURCE COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State lieu lands located in a portion of Section 28, Township 9 North, Range 3 East, HBM, northwest of Hoopa, Humboldt County; for an existing unimproved road. CEQA Consideration: categorical exemption. (W 26987; RA# 36015) (A 2; S 2) (Staff: J. Porter)

MINERAL RESOURCES MANAGEMENT

C

     46 

UNIVERSITY OF CALIFORNIA, SANTA BARBARA (APPLICANT): Consider an application for a three-year 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, adopted by the California State Lands Commission, State Clearinghouse No. 2013072021, and adoption of a Mitigation Monitoring Program. (W 6005.167; RA# 37215) (A & S: Statewide) (Staff: R. B. Greenwood)

C

     47 

SAN JOAQUIN COUNTY PUBLIC WORKS DEPARTMENT (APPLICANT): Consider an application for a Non-Exclusive Geological Survey Permit on soverign land in the North Fork Mokelumne River, Sacramento and San Joaquin Counties. CEQA Consideration: categorical exemption. (W 6005.168; RA# 37315) (A 11, 13; S 5) (Staff: R. B. Greenwood)

C

     48 

UNITED STATES GEOLOGICAL SURVEY (APPLICANT): Consider an application for a three-year 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, adopted by the California State Lands Commission, State Clearinghouse No. 2013072021 and adoption of a Mitigation Monitoring Program. (WP 8394; RA# 38515) (A & S: Statewide) (Staff: R. B. Greenwood)

C

     49 

ECOSYSTEMS MANAGEMENT ASSOCIATES, INC. (APPLICANT): Consider an application for a three-year 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, adopted by the California State Lands Commission, State Clearinghouse No. 2013072021, and adoption of a Mitigation Monitoring Program. (WP 8536; RA# 39115) (A & S: Statewide) (Staff: R. B. Greenwood)

REVISED

C

     50 

ISLAND ENERGY PARTNERS, LLC (LESSEE): Consider waiving penalty and interest on rent and royalty for Oil and Gas Lease Nos. PRC 7318.1 and PRC 7657.1 on tide and submerged lands in the beds of Piper Slough, False River, Serpent Slough and Short Slough, Contra Costa County. CEQA Consideration: not a project. RC 7318.1, PRC 7657.1) (A 11; S 7) (Staff: N. Heda, S. Blackmon)

C

     51 

HI-GRADE MATERIALS CO. (APPLICANT): Consider an application for a seven-year renewal and amendment of a Mineral Extraction Lease for minerals other than oil, gas, or geothermal resources, Assessor’s Parcel Numbers 449-111-023, and 449-111-26, administered by the Commission as trustee, containing approximately 116 acres of State fee-owned school lands, within Section 30, Township 4 North, Range 1 East, SBBM, East of Victorville, San Bernardino County. CEQA Consideration: Mitigated Negative Declaration, adopted by San Bernardino County, State Clearinghouse No. 2013121017, and adoption of a Mitigation Monitoring Program. (PRC 8831.2; RA# 29914) (A 33; S 18) (Staff: V. Perez)

C

     52 

GILDRED SOLAR, LLC (APPLICANT): Consider a 30-year modification of the State’s Right of Surface Entry on approximately 280 acres of State’s reserved mineral interest, school lands, Assessor’s Parcel Number 253-390-57, administered by the Commission as trustee, located in the SW1/4 of SW1/4, the E1/2 of SW1/4, and the NE1/2 within Section 36, Township 12 South, Range 8 East, SBBM, in the Ocotillo Wells area, San Diego County. CEQA Consideration: not a project.  (W 40983; RA# 31215) (A 71; S 38) (Staff: V. Perez)

MARINE ENVIRONMENTAL PROTECTION

C

     53 

CALIFORNIA STATE LANDS COMMISSION: Consider adoption of regulations to implement an enforcement and hearing process for the Marine Invasive Species Program. CEQA Consideration: categorical exemption. (W 9777.291, W 9777.234) (A & S: Statewide) (Staff: C. Brown, P. Huber, C. Beckwith)

ADMINISTRATION − NO ITEMS

LEGAL

C

     54 

CALIFORNIA STATE LANDS COMMISSION AND CITY OF SACRAMENTO, A MUNICIPAL CORPORATION, AND THE REDEVELOPMENT AGENCY SUCCESSOR AGENCY (FOR THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF SACRAMENTO), AN ENTITY CREATED BY STATUTE, (PARTIES): Consider a boundary line agreement between the California State Lands Commission and the City of Sacramento, a municipal corporation, and the Redevelopment Agency Successor Agency (for the dissolved Redevelopment Agency of the City of Sacramento), an Entity Created by Statute, to establish an agreed common boundary line between City owned properties, Redevelopment Agency Successor Agency owned properties and state sovereign lands in and along the Sacramento River in Sacramento, Sacramento County. CEQA consideration: statutory exemption. (W 26265; AD 600) (A 7; S 6) (Staff: J. Frey)

KAPILOFF LAND BANK TRUST ACQUISITIONS − NO ITEMS

EXTERNAL AFFAIRS

       GRANTED LANDS − SEE REGULAR

LEGISLATION AND RESOLUTIONS − SEE INFORMATIONAL  

V.          INFORMATIONAL

 

     55 

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 56-61

 

     56 

BROAD BEACH GEOLOGIC HAZARD ABATEMENT DISTRICT (APPLICANT): Consider application for a General Lease – Beach Replenishment and Protective Structure Use of sovereign land located in the Pacific Ocean at Broad Beach, in the city of Malibu, Los Angeles County; for portions of an existing rock riprap shoreline protective structure not previously authorized by the Commission; for the relocation of portions of an existing rock riprap shoreline protective structure off sovereign land; and for the construction of four storm drain outfalls, dunes, beach, and periodic beach replenishment and sand backpassing.  CEQA Consideration: statutory exemption. (W 26420; RA# 07015) (A 50; S 27) (Staff: K. Foster, S. Blackmon, J. Ramos)

 

     57 

RINCON ISLAND LIMITED PARTNERSHIP (LESSEE): Consider termination of Oil and Gas Lease Nos. PRC 145.1, PRC 410.1, and PRC 1466.1, Ventura County. CEQA Consideration: not a project. (PRC 145.1, PRC 410.1, PRC 1466.1) (A 37; S 19) (Staff: M. LeClair, J. Fabel, S. Blackmon)

REMOVED FROM AGENDA

 

     58 

CALIFORNIA STATE LANDS COMMISSION: Informational briefing on the Bolsa Chica Lowlands Restoration 10-Year Anniversary Celebration and consider adoption of a resolution commemorating the Amigos de Bolsa Chica for 40 years of advocacy to restore and preserve the Bolsa Chica wetlands, in the city of Huntington Beach, Orange County, Orange County. CEQA Consideration: not a project. (W 025306 A; RA# X 9702) (A 72; S 34) (Staff: W. Hall, S. Pemberton)

 

     59 

PORT OF LOS ANGELES (INFORMATIONAL): Informational update on the Port of Los Angeles’ management of its granted public trust lands and resources. CEQA consideration: not a project. (G 05-04) (A 70; S 35) (Staff: K. Colson, S. Pemberton, R. Boggiano)

REVISED

 

     60 

PORT OF LONG BEACH (INFORMATIONAL): Informational update on the Port of Long Beach community impact study and potential mitigation measures to address direct impacts of port-related operations on neighboring communities. CEQA consideration: not a project. (G 05-03) (A 70; S 28, 35) (Staff: K. Colson, S. Pemberton, R. Boggiano)

 

     61 

CALIFORNIA STATE LANDS COMMISSION: Consider adoption of a Commission Tribal Consultation Policy. CEQA Consideration: not a project. (A & S: Statewide) (Staff: J. DeLeon, P. Huber)

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

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 regarding entering into a new lease of state land for the Broad Beach Restoration Project, City of Malibu, Los Angeles County.  Negotiating parties: Broad Beach Geologic Hazard Abatement District, State Lands Commission; Under negotiation: price and 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).