Original Agenda Posted at 6:30 p.m. on Friday, April 4, 2025

Special Meeting

Agenda

(Revised April 11, 2025)

April 14, 2025

Tsakopoulos Library Galleria
828 I Street
Sacramento, California 95814

11:00 a.m.

Live webcast available at www.cal-span.org

  • Eleni Kounalakis, Chair,
    Lieutenant Governor
  • Malia M. Cohen, Member,
    State Controller
  • Joe Stephenshaw, Member,
    Director of the Department of Finance

Voting Record

Commissioners Present

  • Eleni Kounalakis, Lieutenant Governor
  • Kristina Kunkel, Deputy State Controller and Alternate for State Controller Malia Cohen
  • Michele Perrault, Chief Deputy Director and Alternate for Director of the Department of Finance Joe Stephenshaw

Vote

Informational Calendar

  • Item 01 – was informational, no vote required.

Regular Calendar

  • Item 02 – was removed from the agenda.

Closed Session

The Acting Executive Officer reported the following:

Consistent to Government Code section 11126, subdivision (c)(7), the Commission met in closed session with its real property negotiators regarding the application for the extension of the lease for the use of existing intake and outfall conduits associated with the Ormond Beach Generating Station located in Oxnard, Ventura County.

Agenda organization

The majority of items on the consent agenda are presented by the Commission’s Land Management Division and involve the state’s tide and submerged lands and beds of navigable waterways. These Land Management consent items are organized by region (see Geographical breakdown). Consent items involving school lands that benefit the State Teachers’ Retirement System are next addressed, followed by items from the Commission’s other divisions.

Geographical breakdown by counties

  • Northern Region Counties
    Butte, Colusa, Del Norte, El Dorado, Glenn, Humboldt, Lassen, Mendocino, Modoc, Plumas, Lake, Napa, Nevada, Placer, Shasta, Sierra, Siskiyou, Sonoma, Sutter, Tehama, Trinity, Yolo, and Yuba.
  • Bay / Delta Region Counties
    Alameda, Alpine, Amador, Calaveras, Contra Costa, Marin, Mono, Sacramento, San Francisco, San Mateo, Santa Clara, Santa Cruz, San Joaquin, Solano, Stanislaus, and Tuolumne.
  • Central / Southern Region Counties
    Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Mariposa, Merced, Monterey, Orange, Riverside, San Bernardino, San Benito, San Diego, San Luis Obispo, Santa Barbara, Tulare, and Ventura.

Abbreviations and acronyms

  • A and S references are to Assembly and Senate districts
  • CEQA – California Environmental Quality Act

Order of Business

I.  Open Session – 11:00 a.m.

II.  Public Comment

Public comments will be heard for items not on the agenda, for no more than 20 minutes. At the discretion of the Chair, speakers will be given no more than 2 minutes. Note: Comments made during the general public comment period regarding matters pending before the Commission do not become part of the official record for those matters.

III. Informational Calendar 01

Item Summary
01 NOTICE OF CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Instructions to staff negotiators in Closed Session, pursuant to Government Code section 11126(c)(7), regarding an application for a lease governing the use of existing intake and outfall conduits associated with the Ormond Beach Generating Station located in Oxnard, Ventura County. Negotiating Parties: State Lands Commission and Ormond Beach Power, LLC. Under negotiation: price and terms. CEQA Consideration: not a project. (Lease No. PRC 4196) (A 38; S 19) (Staff: K. Connor, B. Johnson)

IV.  Closed Session

At any time during the meeting the Commission may meet in a session closed to the public to consider the matters listed below pursuant to Government Code section 11126, part of the Bagley-Keene Open Meeting Act.

A. Litigation

The Commission may consider pending and possible litigation pursuant to the confidentiality of attorney-client communications and privileges provided under Government Code section 11126, subdivision (e).

  1. The Commission may consider pending and possible matters that fall under Government Code section 11126, subdivision (e)(2)(A), concerning adjudicatory proceedings before a court, an administrative body exercising its adjudicatory authority, a hearing officer, or an arbitrator, to which the Commission is a party. Such matters currently include the following:
    • California State Lands Commission v. Signal Hill Service, Inc.; Pacific Operators, Inc., dba Pacific Operators Offshore, Inc.; DOES 1-100
    • California State Lands Commission, et al. v. Martins Beach 1 LLC, et al.
    • California State Lands Commission v. Salt River Construction Corporation; Rick Moseley; et al.
    • California State Lands Commission v. United States Environmental Protection Agency, et al.
    • Candlestick Heights Community Alliance v. City and County of San Francisco, et al.
    • Casa Blanca Beach Estates Owners Association v. California State Lands Commission, et al.
    • Center for Biological Diversity v. City of Long Beach and California State Lands Commission
    • Dezirae Cadena, et al. v. City of Parker Dam, et al.
    • Eugene Davis v. State of California and California State Lands Commission
    • In re: Signal Hill Service, Inc, Bankruptcy Chapter 7
    • In re: Temblor Petroleum Company, LLC, Bankruptcy Chapter 11
    • In re: Venoco, LLC, Bankruptcy Chapter 11
    • Martins Beach 1, LLC and Martins Beach 2, LLC v. Effie Turnbull-Sanders, et al.
    • Morro Bay Commercial Fisherman’s Association, et al. v. California State Lands Commission, et al.
    • Oakland Bulk and Oversized Terminal, LLC v. City of Oakland
    • State Lands Commission v. Casa Blanca Beach Estates Owners’ Association, et al.
    • United States v. Walker River Irrigation District, et al.
    • William Buck Johns and Elizabeth Colleen Johns, as Co-Trustees of the Johns Living Trust, dated August 13, 2007, et al. v. County of Orange, et al.
  1. The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(b), under which;
    a.   A point has been reached where, in the opinion of the Commission, on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the Commission, or
    b.   Based on existing facts and circumstances, the Commission is meeting only to decide whether a closed session is authorized because of a significant exposure to litigation against the Commission.
  2. The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(C), where, based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.

B. Conference with real property negotiators

The Commission may consider matters that fall under Government Code section 11126, subdivision (c)(7), under which, prior to the purchase sale, exchange, or lease of real property by or for the Commission, the directions may be given to its negotiators regarding price and terms of payment for the purchase, sale, exchange, or lease.

  1. Instructions to staff negotiators in Closed Session, pursuant to Government Code section 11126(c)(7), regarding an application for a lease governing the use of existing intake and outfall conduits associated with the Ormond Beach Generating Station located in Oxnard, Ventura County. Negotiating Parties: State Lands Commission and Ormond Beach Power, LLC. Under negotiation: price and terms.

C. Other matters

The Commission may also consider personnel actions to appoint, employ, or dismiss a public employee as provided for in Government Code section 11126(A)(1).

V.  Regular Calendar 02

Item Summary
02 ORMOND BEACH POWER, LLC, A SUBSIDIARY OF GENON HOLDINGS, INC. (LESSEE)
Consider amendment of Lease 4196, a General Lease – Industrial Use, of sovereign land in the Pacific Ocean, offshore Ormond Beach, near Oxnard, Ventura County; to extend the lease term and increase the surety bond or other security for one seawater intake conduit and one discharge conduit. CEQA Consideration: categorical exemption. (Lease 4196; A4349; RA# 2023093) (A 44; S 19) (Staff: K. Connor)
Removed from the agenda 04/11/2025.
The amendment to extend the lease term for Ormond Beach Generating Station to December 31, 2026 has been removed from the April 14, 2025 agenda. The item had been agendized to provide the Commission with the ability to take action if all questions posed at the April 2, 2025 meeting were addressed. At this time, there are still unanswered questions that require additional time. The amendment will be considered at a future meeting of the State Lands Commission.

VI.  Commissioners’ Comments

VII.  Closed Session

A. Other matters

The Commission may also consider personnel actions to appoint, employ, or dismiss a public employee as provided for in Government Code section 11126(A)(1).