CALIFORNIA STATE LANDS COMMISSION

 

 

 

Gavin Newsom, Lieutenant Governor, Chair

 

Betty T. Yee, State Controller, Member

 

Michael Cohen, Director of Department of Finance, Member

 

Original Agenda posted at 4:00 PM on Monday, March 9, 2015

Revised Agenda posted at 3:00 PM on Tuesday, March 10, 2015

 

SPECIAL TELECONFERENCE MEETING

 

A G E N D A

(Revised)

 

March 20, 2015

 

CALIFORNIA STATE LANDS COMMISSION

MAIN CONFERENCE ROOM

100 HOWE AVENUE, SUITE 100 SOUTH

SACRAMENTO, CALIFORNIA 95825

 

ATTENTION – ADDITIONAL SITE PROVIDED FOR THE PUBLIC

 

665 3rd STREET, SUITE 150

SAN FRANCISCO, CALIFORNIA 94107

 

1:00 P.M.

 

Voting Record

 

COMMISSIONERS PRESENT:

·         GAVIN NEWSOM, Lieutenant Governor

·         ANNE BAKER, Deputy State Controller and Alternate for Controller Betty T. Yee

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

 

VOTE:

the minutes of the February 20, 2015 meeting were approved by a vote of 3-0 (newsom-yes; baker-yes; ortega-yes).

 

CONSENT CALENDAR:

·         CONSENT ITEM C01 WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (newsom-yes; baker-yes; ortega-yes)

 

REGULAR CALENDAR:

·         ITEM 02 WAS APPROVED AS PRESENTED BY A VOTE OF 3-0 (newsom-yes; baker-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 REGULAR MEETING OF February 20, 2015

III.

EXECUTIVE OFFICER’S REPORT

IV.

CONSENT CALENDAR C01

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

LEGAL

C

      01 

CALIFORNIA STATE LANDS COMMISSION:  Consider amendment of the Comprehensive Delegation of Authority, as amended, to 1) rescind the delegation to the Executive Officer to serve as the delegate, on behalf of the Chair of the Commission, to the California Coastal Commission, and; 2) authorize the Executive Officer to determine whether a dredging lease on granted public trust lands is necessary pursuant to Public Resources Code section 6707, subdivision (d), as added by Statutes 2013, Chapter 104, section 3.  CEQA Consideration: not a project.  (A & S: Statewide) (Staff: P. Griggs)

 

V.          INFORMATIONAL – NO ITEMS

VI.         REGULAR CALENDAR

 

      02 

TESORO REFINING & MARKETING COMPANY LLC (APPLICANT):  Consider certification of a Final Environmental Impact Report (State Clearinghouse No. 2014042013); adoption of Findings, Statement of Overriding Considerations, and Mitigation Monitoring Program; and application for a General Lease – Industrial Use, of sovereign land located in the Carquinez Strait, near the city of Martinez, Contra Costa County; for the continued operation and maintenance of an existing marine oil terminal wharf, periodic maintenance dredging, and for Marine Oil Terminal Engineering and Maintenance Standards compliance-related renovations.  (PRC 3454.1; RA# 01411) (A 14; S 7) (Staff: K. Foster, S. Mongano, J. Fabel)

 

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

 

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

 

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

 

The Melton Bacon and Katherine L. Bacon Family Trust et al. v. California

State Lands Commission, City of Huntington Beach

 

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

Commission

 

San Francisco Baykeeper v. State Lands Commission

 

Keith Goddard v. State of California

 

Sportsman’s Paradise v. California State Lands Commission

 

California State Lands Commission v. Lee Stearn

 

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.

 

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).