CALIFORNIA STATE LANDS COMMISSION
Eleni Kounalakis, Lieutenant Governor, Chair
Betty T. Yee, State Controller, Member
Keely Bosler, Director of
Department of Finance, Member
Original Agenda Posted 1:00 PM on Thursday, March 7, 2019
A G E N D A
March 21, 2019
QLN CONFERENCE CENTER
1938 AVENIDA DEL ORO
OCEANSIDE, CALIFORNIA 92056
… LIVE WEBCAST AVAILABLE AT WWW.CAL-SPAN.ORG…
BETTY T. YEE, State Controller
KAREN FINN, Chief Deputy Director and
Alternate for Director of the Department of Finance Keely Bosler
ITEM 01 – STAFF PRESENTATION WAS MADE. ITEM
WAS APPROVED AS AMENDED BY A VOTE OF 3-0 (KOUNALAKIS‒YES; YEE–YES; FINN‒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. Each speaker will generally be allowed three 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 hard of hearing person. Please contact the Commission at 711 (TTY) 916.574.1800 or by email CSLC.Commissionmeetings@slc.ca.gov at least five days prior to the meeting to arrange for an interpreter.
STAFF REPORTS AND EXHIBITS
A written staff report is available for most items on this agenda. Please note that staff reports are posted as soon as available on the Commission’s website at www.slc.ca.gov. The staff report and exhibits may be reviewed and downloaded. Past meetings, including staff reports and exhibits, transcripts, and webcasts, may also be viewed on the Commission’s website.
SUBMISSION OF WRITTEN MATERIALS
Written materials 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 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 home page or to the “Scheduled Meetings” link under “Meetings” to subscribe.
ABBREVIATIONS AND ACRONYMS
· A and S references are to Assembly and Senate districts
· CEQA - California Environmental Quality Act
ORDER OF BUSINESS
9:00 A.M. – OPEN SESSION
EDISON COMPANY, SAN DIEGO GAS AND ELECTRIC COMPANY, AND THE CITY OF RIVERSIDE
Consider certification of a Final Environmental
Impact Report (State Clearinghouse No. 2016071025); adoption of a Mitigation
Monitoring Program, Statement of Findings, and Statement of Overriding
Considerations; termination of Lease No. PRC 6785.1, a General Lease –
Industrial Use; and an application for a General Lease – Industrial Use, of
sovereign land located in the Pacific Ocean, San Onofre, San Diego County;
for the use, maintenance, and decommissioning of existing offshore
improvements associated with the San Onofre Nuclear
Generating Station (SONGS) Units 2 and 3, consisting of two offshore intake
conduits and two offshore discharge conduits, five navigational and
environmental monitoring buoys, one fish return conduit, four large organism
exclusion devices, and riprap. (PRC 6785.1; RA# 26215) (A 76; S 36) (Staff:
C. Hudson, C. Herzog, L. Calvo)
Staff Report and Exhibit
A-1 revised 03/18/19
Staff Report and Exhibit
E-1 revised 03/20/19
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.
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 Coastkeeper Alliance, California Coastal Protection v. California State Lands Commission
California State Lands Commission v. City and County of San Francisco
In re: Rincon Island Limited Partnership Chapter 7
In re: Venoco, LLC, Bankruptcy Chapter 11
Madden v. City of Redwood City
Martins Beach 1, LLC and Martins Beach 2, LLC v. Effie Turnbul-Sanders, et al.
Oakland Bulk and Oversized Terminal, LLC v. City of Oakland
San Francisco Baykeeper v. California State Lands Commission
San Joaquin River Exchange Contractors Water Authority v. State of California; State Lands Commission
Seacliff Beach Colony Homeowners Association v. State of California, et al.
Sierra Club, et al. v. City of Los Angeles, et al.
SLPR, LLC, et al. v. San Diego Unified Port District, California State Lands Commission
SOS Donner Lake v. State of California, et al
State of California v. International Boundary and Water Commission, et al.
State Lands Commission v. Plains Pipeline, L.P., et al.
United States v. Walker River Irrigation District, et al.
2. The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(b), under which;
a. A point has been reached where, in the opinion of the Commission, on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the Commission, or
b. Based on existing facts and circumstances, the Commission is meeting only to decide whether a closed session is authorized because of a significant exposure to litigation against the Commission.
3. The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(C), where, based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS.
The Commission may consider matters that fall under Government Code section 11126, subdivision (c)(7), under which, prior to the purchase sale, exchange, or lease of real property by or for the Commission, the directions may be given to its negotiators regarding price and terms of payment for the purchase, sale, exchange, or lease. At the time of publication of this Agenda, it is not anticipated that the Commission will discuss any such matters; however, at the time of the scheduled meeting, a discussion of any such matter may be necessary or appropriate.