CALIFORNIA STATE LANDS COMMISSION

Greyscale logo of the CA State Lands Commission featuring a redwood tree n front of a mountain and water with the sun and birds in the sky.

Eleni Kounalakis, Lieutenant Governor, Chair

Betty T. Yee, State Controller, Member

Keely Bosler, Director of Department of Finance, Member

_______________________________________________________

Original Agenda Posted 3:00 PM on Friday, March 22, 2019

Revised Agenda Posted 1:00 PM on Monday, March 25, 2019

REGULAR MEETING

A G E N D A

Agenda Revised March 25, 2019

April 5, 2019

COUNTY OF MADERA

MAIN GOVERNMENT CENTER

BOARD OF SUPERVISOR’S CHAMBERS

200 WEST 4TH STREET, 1ST FLOOR

MADERA, CALIFORNIA 93637

1:00 P.M.

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

 

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

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

Image of a regional map of the State of CA with an outline of the meeting agenda printed beside it.

 

ORDER OF BUSINESS

I.

1:00 P.M. – OPEN SESSION

II.

CONFIRMATION OF MINUTES FOR THE MEETINGS OF February 4, 2019 AND MARCH 21, 2019

III.

EXECUTIVE OFFICER’S REPORT

 

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

·         Cliff's River Marina, Inc. (Lessee): Continuation of annual rent at $6,800 per year for a General Lease – Commercial Use located on sovereign land in Sacramento River, adjacent to 8651 River Road, near Freeport, Sacramento County. (PRC 3264.1)

·         Delta Bay Club, LLC (Lessee): Continuation of annual rent at $4,817 per year for a General Lease – Commercial Use located on sovereign land in San Joaquin River, adjacent to 922 W. Brannan Island Rd, near Andrus Island, Sacramento County. (PRC 7067.1)

·         Vollman-Clark Ranch, LLC (Lessee): Continuation of annual rent at $4,251 per year for a General Lease – Commercial Use located on sovereign land in Sacramento, adjacent to 14172 State Highway 160, near Walnut Grove, Sacramento County. (PRC 7620.1)

IV.

CONSENT CALENDAR C01-C66

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

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     01 

10:10 HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider waiver of rent, penalty, and interest and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8569 Meeks Bay Avenue, near Meeks Bay, El Dorado County; for the removal and reconstruction of an existing pier with an extension, relocation of an existing boat lift, and use and maintenance of one existing mooring buoy. CEQA Consideration: categorical exemptions. (PRC 5559.1; RA# 09518) (A 5; S 1) (Staff: J. Toy)

Staff Report revised 03/29/19

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     02 

3015 WLB, LLC, A NEVADA LIMITED LIABILITY COMPANY (APPLICANT): Consider application for General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3005 West Lake Boulevard, near Homewood, Placer County; for one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26206; RA# 13818) (A 1; S1) (Staff: M.J. Columbus)

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     03 

STEVEN LEE BROWN AND MICHELE CONTENT BROWN, AS TRUSTEES OF THE THORSON HAYS FAMILY TRUST DATED 8-1-00 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1278 West Lake Boulevard, near Tahoe City, Placer County; for an existing pier, boathouse with two boat lifts, boat hoist, and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 8850.1; RA# 15518) (A 1; S 1) (Staff: S. Avila)

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     04 

STEVEN A. BURD AND CHRISTINE L. BURD, TRUSTEES OF THE BURD REVOCABLE TRUST, DATED OCTOBER 31, 2007 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4450 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 7278.1; RA# 15118) (A 1; S 1) (Staff: S. Avila)

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     05 

CALIFORNIA STATE LANDS COMMISSION AND PACIFIC GAS AND ELECTRIC COMPANY (PARTIES): Consider an Indemnification Agreement for an existing gas pipeline located on the Washington Street Bridge, over sovereign land located in the Petaluma River, adjacent to North Water Street and River Plaza, Petaluma, Sonoma County. CEQA Consideration: not a project. (W 27220; RA# 13418) (A 10; S 3) (Staff: M.J. Columbus)

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     06 

CITY OF PETALUMA (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the Petaluma River, Petaluma, Sonoma County; for an existing bridge, known as the Washington Street Bridge, previously authorized by the Commission and appurtenant facilities and bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 3987.9; RA# 32215) (A 10; S 3) (Staff: M.J. Columbus)

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     07 

CPN PIPELINE COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of sovereign land located in the Sacramento River, near Robbins, Sutter and Yolo counties; for an existing gas pipeline and an abandoned-in-place pipeline. CEQA Consideration: categorical exemption. (PRC 8046.1; RA# 22017) (A 3, 4; S 3, 4) (Staff: M.J. Columbus)

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     08 

JOAN GOODMAN DAVIS, TRUSTEE UNDER THE AMENDED AND RESTATED JOAN GOODMAN ZIMMERMAN 1988 REVOCABLE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5418 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boathouse with pitched roof and boat lift, boat hoist, and one mooring buoy. CEQA Consideration: categorical exemption. (PRC 3608.1; RA# 13718) (A 1; S 1) (Staff: S. Avila)

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     09 

STEPHEN A. FINN, TRUSTEE OF THE FINN 2001 LIVING TRUST, DATED SEPTEMBER 21, 2001 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 2380 Sunnyside Lane, near Sunnyside, Placer County; for an existing pier, boat lift, one mooring buoy, and one swim float. CEQA Consideration: categorical exemption. (PRC 4250.1; RA# 07318) (A 1; S 1) (Staff: A. Franzoia)

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     10 

CHARLES THOMAS KALJIAN; SUZANNE K. COHEN, TRUSTEE OF THE COHEN FAMILY REVOCABLE TRUST (SCHEDULE B ASSETS) ESTABLISHED UNDER REVOCABLE TRUST AGREEMENT DATED FEBRUARY 13, 2017; AND GARY P. CARLSON AND ANNE K. CARLSON AS TRUSTEES OF THE CARLSON FAMILY LIVING TRUST DATED MAY 29, 2009 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 6840 West Lake Boulevard, near Tahoma, Placer County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 4362.1; RA# 12618) (A 1; S 1) (Staff: S. Avila)

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     11 

NIELS T. LARSEN AND SUSAN E. LARSEN (ASSIGNOR); FREDERIC T. CLINE AND NANCY J. CLINE, TRUSTEES OF THE CLINE FAMILY TRUST, DATED MARCH 5, 1991 (ASSIGNEE): Consider assignment of Lease No. PRC 8575.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5046 West Lake Boulevard, near Homewood, Placer County; for two existing mooring buoys. CEQA Consideration: not a project. (PRC 8575.1; RA# 13618) (A 1; S 1) (Staff: S. Avila)

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     12 

LOWELL W. LASH AND TERRY L. LASH (LESSEE): Consider revision of rent to Lease No. PRC 8515.1, a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1740 North Lake Boulevard, Tahoe City, Placer County; for two mooring buoys and a freshwater intake pipeline. CEQA Consideration: not a project. (PRC 8515.1) (A 1; S 1) (Staff: S. Evans)

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     13 

ANDRE E. MAGINOT AND NINA S. YOSHPE, AS TRUSTEES OF THE ANDRE E. MAGINOT AND NINA S. YOSHPE LIVING TRUST DATED AUGUST 11, 1988 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5440 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 2307.1; RA# 08218) (A 1; S 1) (Staff: J. Toy)

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     14 

THOMAS E. MEAKIN, AS TRUSTEE OF THE THOMAS E. MEAKIN QUALIFIED PERSONAL RESIDENCE TRUST DATED MAY 5, 2009; JAMES W. MEAKIN, TRUSTEE OF THE NORTH LANE QUALIFIED PERSONAL RESIDENCE TRUST; AND PAUL SEIPP (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8599 and 8605 North Lane, near Rubicon Bay, El Dorado County; for an existing joint-use pier, boathouse, and four mooring buoys. CEQA Consideration: categorical exemption. (PRC 3884.1; RA# 14418) (A 5; S 1) (Staff: J. Toy)

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     15 

STEPHANIE MOOERS, TRUSTEE OF THE DONALD S. MOOERS DECEDENT'S TRUST; AND STEPHANIE W. MOOERS, TRUSTEE OF THE STEPHANIE W. MOOERS QUALIFIED PERSONAL RESIDENCE TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8661 Beach Lane, near Meeks Bay, El Dorado County; for an existing pier, boat lift, and one mooring buoy. CEQA Consideration: categorical exemption. (PRC 3147.1; RA# 09918) (A 5; S 1) (Staff: J. Toy)

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     16 

WARREN E. SPIEKER, JR., TRUSTEE OF THE SPIEKER 1991 RESIDENTIAL TRUST NO. 1 U/A/D NOVEMBER 21, 1991; AND WARREN E. SPIEKER, JR., TRUSTEE OF THE SPIEKER 2010 IRREVOCABLE CHILDREN’S TRUST (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 251 and 255 Paradise Flat Lane, near Rubicon Bay, El Dorado County; for an existing pier, boat lift, and two mooring buoys previously authorized by the Commission, and two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 4869.1; RA# 14218) (A 5; S 1) (Staff: S. Avila)

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     17 

LOUIS STERVINOU AND MARY STERVINOU (LESSEE); SNS 5306, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (APPLICANT): Consider acceptance of a lease quitclaim deed and an application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 5306 North Lake Boulevard, near Carnelian Bay, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (PRC 9069.1; RA# 04918) (A 1; S1) (Staff: M.J. Columbus)

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     18 

Walter H. Stevens as Trustee of the Stevens Survivor Trust, established under the Stevens 1995 Family Trust; Mary Ann Balocco, Trustee, the Balocco Family Trust dated November 16, 2012; and Barbara Marie Stamm, George A. Stamm, and Anne-Marie Stamm, Co-Trustees of the George F. Stamm Trust dated October 23, 1973 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3065 Jameson Beach Road, near South Lake Tahoe, El Dorado County; for an existing pier and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 3657.1; RA# 00618) (A 5; S 1) (Staff: J. Toy)

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     19 

JOHN STUMPF AND RUTH STUMPF, TRUSTEES OF THE STUMPF FAMILY TRUST (LESSEE); STEVEN A. GONSALVES AND DEBRA E. GONSALVES, TRUSTEES OF THE GONSALVES FAMILY REVOCABLE TRUST DATED SEPTEMBER 10, 2009 (APPLICANT): Consider acceptance of a lease quitclaim deed and application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 1870 North Lake Boulevard, near Tahoe City, Placer County; for an existing pier, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 4066.1; RA# R11018) (A 1; S 1) (Staff: J. Toy)

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     20 

J. ROBERT TAYLOR AND DONNA C. TAYLOR, CO-TRUSTEES OF THE 2005 TAYLOR FAMILY TRUST DATED JANUARY 6, 2005; MICHAEL ROBERT TAYLOR; BRET MATTHEW TAYLOR; AND JAIME TAYLOR LACHANCE (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 636 Olympic Drive, near Tahoe City, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (PRC 8554.1; RA# 15818) (A 1; S 1) (Staff: N. Lee)

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     21 

EVAN C. UNGER AND SUSAN J. UNGER, TRUSTEES OF THE UNGER FAMILY TRUST DATED OCTOBER 24, 1995, AS RESTATED JUNE 25, 2013 (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4148 Ferguson Avenue, near Carnelian Bay, Placer County; for two existing mooring buoys. CEQA Consideration: categorical exemption. (PRC 8367.1; RA# 13318) (A 1; S 1) (Staff: S. Avila)

BAY/DELTA REGION

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     22 

BURLINGAME BAY ASSOCIATES (LESSEE): Consider amendment of lease and revision of rent to Lease No. PRC 4697.1, a General Lease – Commercial Use, of filled and unfilled sovereign land located in San Francisco Bay, near Burlingame, San Mateo County; for a restaurant, parking lot, lagoon, footbridge, pedestrian paths, landscaping, and shoreline protection. CEQA Consideration: not a project. (PRC 4687.1) (A 22; S 13) (Staff: A. Franzoia)

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     23 

BURLINGAME POINT, LLC (LESSEE) JP MORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT ON BEHALF OF LENDERS IN ONE OR MORE BANK GROUPS (SECURED-PARTY LENDER): Consider application for an agreement and consent to encumbrancing of Lease No. PRC 9084.1, a General Lease – Recreation, Protective Structure and Other Use, of sovereign land adjacent to San Francisco Bay in Burlingame, San Mateo County; for reconstruction of a portion of the San Francisco Bay Trail, construction of a driveway, and interim improvements to Fisherman’s Park including public parking. CEQA Consideration: not a project. (PRC 9084.1; RA# 16518) (A 22; S 13) (Staff: A. Franzoia)

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     24 

CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the American River at PM R44.47, adjacent to Assessor’s Parcel Numbers 001-0070-005 and 274-0120-010, near Sacramento, Sacramento County; for the installation, use, and maintenance of a temporary construction trestle, and use of a temporary construction easement for the American River Bridge Scour Repair project. CEQA Consideration: Mitigated Negative Declaration, adopted by the California Department of Transportation, State Clearinghouse No. 2017072043, and adoption of a Mitigation Monitoring Program. (W 27199; RA# 06318) (A 7; S 6) (Staff: G. Asimakopoulos)

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     25 

CALIFORNIA STATE LANDS COMMISSION AND SUGAR ACQUISITION CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR-IN-INTEREST TO C&H SUGAR COMPANY, INC. AND CALIFORNIA AND HAWAIIAN SUGAR COMPANY (PARTIES): Consider acceptance of a quitclaim deed for filled sovereign land, located in the Carquinez Strait, San Pablo Bay, Assessor’s Parcel Numbers 354-320-007-9 and a portion of 354-320-008-7, adjacent to 1909 Dowrelio Drive, Crockett, Contra Costa County. CEQA Consideration: not a project. (W 27237) (A 14; S 3) (Staff: V. Caldwell)

Staff Report revised 4/4/19

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     26 

LINO CATABRAN AND LINDA CATABRAN (LESSEE); RAUL AGUIRRE (APPLICANT): Consider waiver of rent, penalty, and interest; termination of Lease No. PRC 6437.1, a General Lease – Recreational and Protective Structure Use, and application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 5291 Garden Highway, near Sacramento, Sacramento County; for an existing covered boat dock with slip, one gangway, three pilings, one dolphin, a boat lift, and bank protection previously authorized by the Commission, and utility conduit not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 6437.1; RA# 16818) (A 7; S 6) (Staff: J. Holt)

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     27 

LINCOLN CHAN FARMS, LLC (RESCINDING APPLICANT); DOUGLAS CHAN AND CARLA CHAN, TRUSTEES OF THE CHAN FAMILY TRUST, DATED APRIL 14, 2014 (APPLICANT): Consider rescission of approval and issuance of Lease No. PRC 4221.1, a General Lease – Right-of-Way Use, of sovereign land located in Hensley Slough, adjacent to 11488 State Highway 160, Courtland, Sacramento County; for an existing road crossing Hensley Slough. CEQA Consideration: not a project. (PRC 4221.1; RA# 31117) (A 9; S 3) (Staff: L. Pino)

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     28 

CITY OF FOSTER CITY (APPLICANT): Consider acceptance of quitclaim deeds and application for a General Lease – Public Agency Use, of sovereign land located along the San Francisco Bay and Belmont Slough, near Foster City, San Mateo County; for rehabilitation, use, and maintenance of existing coastal levees, outfall structure, and recreational features. CEQA Consideration: Environmental Impact Report, certified by the City of Foster City, State Clearinghouse No. 2016012012, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (W 27221; RA# 14118) (A 22; S 13) (Staff: D. Tutov)

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     29 

COUNTY OF MARIN (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in Tomales Bay, adjacent to Chicken Ranch Beach Park, near Inverness, Marin County; for installation, use, and maintenance of six marker buoys. CEQA Consideration: categorical exemption.(W 27225; RA# 16118) (A 10; S 2) (Staff: J. Holt)

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     30 

COUNTY OF STANISLAUS (LESSEE/APPLICANT): Consider amendment of Lease No. PRC 7183.9, acceptance of a lease quitclaim deed, and an application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, adjacent to Crows Landing Road, near Patterson, Stanislaus County; for the replacement of the Crows Landing Bridge. CEQA Consideration: Mitigated Negative Declaration, adopted by Stanislaus County, State Clearinghouse No. 2013052050, and adoption of a Mitigation and Monitoring Program. (W 26932; PRC 7183.9; RA# 18214) (A 21; S 8,12) (Staff: M. Schroeder)

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     31 

EAST BAY REGIONAL PARK DISTRICT (LESSEE): Consider amendment to Lease No. PRC 8640.9, a General Lease – Public Agency Use, of sovereign land in the area known as the Bay Point Regional Shoreline, Suisun Bay, adjacent to 1001 McAvoy Road, near Pittsburg, Contra Costa County; for the construction, use, and maintenance of a kayak launch ramp and park trail. CEQA Consideration: Mitigated Negative Declaration and Addendum, adopted by the East Bay Regional Park District, State Clearinghouse No. 2000122088, and adoption of a Mitigation Monitoring Program. (PRC 8640.9; RA# 02217) (A 14; S 7) (Staff: D. Tutov)

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JULIE FOUNTAIN, TRUSTEE OF THE WILLIAM DUFFIN LIVING TRUST DATED 8/28/98 (LESSEE); CATHERINE ANN ARMSTRONG, TRUSTEE AND MELISSA JEAN ARMSTRONG, TRUSTEE OF THE BEATTIE TRUST DATED JULY 29, 2015 (APPLICANT): Consider termination of Lease No. PRC 3756.1, a General Lease – Recreational Use; and application for a General Lease – Recreational and Residential Use, of sovereign land located in the Petaluma River, adjacent to 172 Beattie Avenue, near Novato, Marin County; for an existing portion of residence and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 3756.1; RA# 16117) (A 10; S 2) (Staff: J. Holt)

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     33 

BETTY LOU HUDSON (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 17715 Highway 1, near Marshall, Marin County; for two proposed mooring buoys. CEQA Consideration: Negative Declaration, adopted by the California State Lands Commission, State Clearinghouse No. 2012082074. (W 27212; RA# 08118) (A 10; S 2) (Staff: D. Tutov)

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     34 

SEAN E. HUTTON, AS TRUSTEE OF THE SEAN E. HUTTON REVOCABLE TRUST DATED MARCH 10, 2015 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 2531 Garden Highway, near Sacramento, Sacramento County; for an existing covered boat dock with slip, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 6038.1; RA# 04018) (A 7; S 6) (Staff: J. Holt)

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     35 

JASON KUECHLER (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Sacramento River, adjacent to 658 Riverlake Way, near Sacramento, Sacramento County; for the construction, use, and maintenance of a boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (W 27164; RA# 19017) (A 9; S 6) (Staff: G. Asimakopoulos)

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     36 

SANDRA L. OMAN, TRUSTEE OF THE PAUP MARITAL TRUST (LESSEE): Consider finding of default; authorization of termination of a General Lease – Commercial Use; and authorization to take all steps necessary, including litigation or acceptance of a lease quitclaim deed, to remove an existing commercial marina and appurtenant facilities, located in the Sacramento River adjacent to 14031 River Road (Highway 160), Walnut Grove, Sacramento County, and to restore the land to its condition prior to the alterations made under Lease No. PRC 6200.1, a General Lease – Commercial Use, to the satisfaction of the Commission. CEQA Consideration: categorical exemption. (PRC 6200.1) (A 11; S 3) (Staff: M. Schroeder)

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     37 

OPAL HOUSE, LLC (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign tide and submerged land located in the Pacific Ocean, adjacent to 4640 Opal Cliff Drive, near Santa Cruz, Santa Cruz County; for an existing stem wall. CEQA Consideration: categorical exemption. (PRC 8794.1; RA# 09618) (A 29; S 17) (Staff: D. Tutov)

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THIRUMALAI MUPPUR RAVI AND FRANCINE C. LEJEUNE, CO-TRUSTEES OF THE RAVI-LEJEUNE FAMILY TRUST U/T/A DATED NOVEMBER 14, 2008 (ASSIGNOR); WILLIAM MANHEIM AND TRACY MANHEIM (ASSIGNEE): Consider assignment of Lease No. PRC 9332.1, a General Lease – Recreational Use, of sovereign land located in Tomales Bay, adjacent to 18876 State Route 1, near Marshall, Marin County; for an existing mooring buoy. CEQA Consideration: not a project. (PRC 9332.1; RA# 10918) (A 10; S 2) (Staff: D. Tutov)

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     39 

SAN JOAQUIN AREA FLOOD CONTROL AGENCY (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign land located in the San Joaquin River, adjacent to Assessor’s Parcel Numbers 133-060-01 and 109-020-06, near Stockton, San Joaquin County; for the construction, use and maintenance of a fixed wall, gate structure, flood wall and bank protection. CEQA Consideration: Environmental Impact Report, certified by the San Joaquin Area Flood Control Agency, State Clearinghouse No. 2014062079, and adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations. (W 27210; RA# 09718) (A 13; S 5) (Staff: M. Schroeder)

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     40 

BRET SISNEY AND CAROL REDING SISNEY, AS CO-TRUSTEES OF THE SISNEY LIVING TRUST DATED AUGUST 11, 2009; BRET SISNEY; AND CAROL REDING SISNEY (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Pacific Ocean, adjacent to 4660 Opal Cliff Drive, near Santa Cruz, Santa Cruz County; for an existing seawall and plugged sea cave previously authorized by the Commission, and the use and maintenance of an additional plugged sea cave not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 7971.1; RA# 12516) (A 29; S 17) (Staff: G. Asimakopoulos)

Exhibit A revised 03/29/19

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TESLA, INC. (APPLICANT): Consider application for a General Lease – Commercial Use, of filled sovereign land in San Francisco Bay, located near 150 Anza Boulevard, Burlingame, San Mateo County; for 18 electric vehicle charging stations and appurtenant facilities. CEQA Consideration: categorical exemption. (W 27203; RA# 06318) (A 22; S 13) (Staff: A. Franzoia)

Removed from agenda 03/29/19

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WALDO POINT HARBOR, LLC (LESSEE/APPLICANT): Consider termination of Lease No. 8594.1, a General Lease – Commercial Use; an application for a General Lease – Other, and an Agreement and Consent to Encumbrancing of Lease, of partially filled and unfilled sovereign land at Waldo Point Harbor located in Richardson Bay, Marin County; for public access, a public park with public pier, landscaping, seating, signage, lighting, parking, fencing, trash containers, utilities, and open water areas. CEQA Consideration: categorical exemption. (PRC 8594.1; RA# 19417) (A 10; S 2) (Staff: V. Caldwell)

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WILLIAM WEBER (APPLICANT): Consider application for a General Lease –Recreational Use, of sovereign land located in Tomales Bay, adjacent to 19225 Highway 1, near 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 27200; RA# 06816) (A 10; S 2) (Staff: D. Tutov)

C

     44 

WESTPORT OFFICE PARK, LLC, A DELAWARE LIMITED LIABILITY COMPANY (LESSEE); JPMORGAN CHASE BANK, N.A. (SECURED-PARTY LENDER): Consider correction to prior authorization and an Agreement and Consent to Encumbrancing of Lease for Lease No. PRC 7876.1, a General Lease – Right-of-Way Use, of sovereign land located in Belmont Slough, adjacent to 1400 and 1600 Bridge Parkway, near Redwood City, San Mateo County; for two existing storm water outfalls and rock riprap. CEQA Consideration: not a project. (PRC 7876.1; RA# 20618) (A 22; S 13) (Staff: G. Asimakopoulos)

Staff Report revised 03/29/19

C

     45 

MAN WAH WONG AND BAO LING YU (LESSEE); KENNETH F. MOUNTAIN AND RICKI MOUNTAIN (APPLICANT): Consider termination of Lease No. PRC 4785.1, a General Lease – Recreational Use, and an application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 17420 Grand Island Road, near Walnut Grove, Sacramento County; for an existing pier and appurtenant facilities previously authorized by the Commission and existing bank protection not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 4785.1; RA# 10518) (A 11; S 3) (Staff: J. Holt)

CENTRAL/SOUTHERN REGION

C

     46 

CALIFORNIA STATE LANDS COMMISSION, ACTING AS TRUSTEE OF THE KAPILOFF LAND BANK FUND; CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (PARTIES): Consider delegating authority to the Executive Officer to expend $135,000 from the Kapiloff Land Bank Fund and enter into an interagency agreement with the California Department of Fish and Wildlife to construct a fence around the Cartago Wildlife Area, located on the southwestern edge of Owens Lake, Inyo County. CEQA Consideration: categorical exemption. (W 27162) (A 26; S 8) (Staff: J. Garrett, D. Simpkin)

C

     47 

CALIFORNIA STATE LANDS COMMISSION AND CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of an offer to dedicate lateral public access easement over land at 20624 Pacific Coast Highway, Malibu, Los Angeles County. CEQA Consideration: not a project. (W 24665) (A 50; S 27) (Staff: L. Pino)

C

     48 

CALIFORNIA STATE LANDS COMMISSION AND CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of an offer to dedicate lateral public access easement over land at 20630 Pacific Coast Highway, Malibu, Los Angeles County. CEQA Consideration: not a project. (W 24665) (A 50; S 27) (Staff: L. Pino)

C

     49 

CATALINA ISLAND CONSERVANCY (LESSEE/APPLICANT): Consider termination of Lease No. PRC 6439.1, a General Lease – Recreational Use; and application for a General Lease – Other, of sovereign land located at White’s Cove, Santa Catalina Island, Los Angeles County; for an existing fixed recreational pier, landing float, and two mooring string lines. CEQA Consideration: categorical exemption. (PRC 6439.1; RA# 16218) (A 26; S 70) (Staff: D. Simpkin)

C

     50 

CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER (LESSEE): Consider amendment of Lease No. PRC 8079.9, a General Lease – Public Agency Use, of sovereign land located on Owens Lake, Inyo County; for the removal of gravel cover and installation of sprinklers in Dust Control Area T37-2d, modifications to Dust Control Areas T13-1 Addition and T17-2, to extend the term of the lease; and substitution of a Mitigation Measure. CEQA Consideration: Environmental Impact Report, State Clearinghouse No. 2014071057, certified by the City of Los Angeles Department of Water and Power, an Addendum prepared by Commission staff, and categorical exemptions. (PRC 8079.9; RA# 15117) (A 26; S 8) (Staff: D. Simpkin)

C

     51 

EL SEGUNDO POWER, LLC (APPLICANT): Consider application for a General Lease – Protective Structure Use, of sovereign land located in the Pacific Ocean, El Segundo, Los Angeles County; for an existing rock revetment. CEQA Consideration: categorical exemption. (PRC 5628.9; RA# 34117) (A 62; S 26) (Staff: D. Simpkin)

Removed from agenda 03/27/19

C

     52 

FLAVIO S. JAEN (APPLICANT): Consider amendment of Lease No. PRC 3570.1, a General Lease – Recreational Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 17011 Bolero Lane, Huntington Beach, Orange County; to remove and replace a boat dock and access ramp. CEQA Consideration: categorical exemption. (PRC 3570.1; RA# 34817) (A 72; S 34) (Staff: K. Connor)

C

     53 

JEFF KINDNESS (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign located in the Main and Midway Channels of Huntington Harbour, adjacent to 3552 Gilbert Drive, Huntington Beach, Orange County; for the removal and replacement of an existing boat dock and access ramp not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26994; RA# 27417) (A 72; S 34) (Staff: K. Connor)

C

     54 

THOMAS MCINALLY AND LYNN T. MCINALLY (ASSIGNOR); FEI GE (ASSIGNEE): Consider assignment of Lease No. PRC 8293.9, a General Lease – Protective Structure Use, of sovereign land located in the main channel of Huntington Harbour, adjacent to 3382 Venture Drive, Huntington Beach, Orange County; for bulkhead protection. CEQA Consideration: not a project. (PRC 8293.9; RA# 10218) (A 72; S 34) (Staff: K. Connor)

C

     55 

NATIONAL PARK SERVICE – CHANNEL ISLANDS NATIONAL PARK (APPLICANT): Consider amendment of Lease No. PRC 8390.9, a General Lease – Public Agency Use, of sovereign land located in the Pacific Ocean, Scorpion Cove, Santa Cruz Island, Santa Barbara County; for the removal of the existing Scorpion Cove pier and construction, use and maintenance of a new pier, relocation of one existing steel mooring buoy, and the retention, use, and maintenance of rock riprap. CEQA Consideration: Environmental Impact Statement (EIS) certified by the National Park Service, was prepared and circulated for this project under State Clearinghouse No. 2015101041. The EIS and a Record of Decision were certified on August 14, 2018. Pursuant to California Code of Regulations, title 14, sections 15221 and 15225, staff recommends the use of the federal EIS in place of an Environmental Impact Report, and adoption of a Mitigation Monitoring Program and Statement of Findings. (PRC 8390.9; RA# 08017) (A 37; S 19) (Staff: D. Simpkin)

C

     56 

FRANK JOSEPH PIOTROWSKI (APPLICANT): Consider application for a General Lease – Recreational Use, of sovereign land located in the Midway Channel of Huntington Harbour, adjacent to 3412 Gilbert Drive, Huntington Beach, Orange County; for an existing boat dock and access ramp. CEQA Consideration: categorical exemption. (PRC 3081.1; RA# 11618) (A 72; S 34) (Staff: K. Connor)

C

     57 

IRIS M. SCHUSTER, TRUSTEE OF THE SCHUSTER RESIDENCE TRUST I AND II, U/D/T MARCH 6, 2001 (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign land located in the Main Channel of Huntington Harbour, adjacent to 16661 Carousel Lane, Huntington Beach, Orange County; for an existing boat dock, access ramp, cantilevered deck, and bulkhead protection. CEQA Consideration: categorical exemption. (PRC 8652.1; RA# 16318) (A 72; S 34) (Staff: K. Connor)

Staff Report revised 03/29/19

SCHOOL LANDS

C

     58 

COUNTY OF KERN (APPLICANT): Consider application for a General Lease – Public Agency Use, of State-owned school land located within a portion of Section 36, Township 10 North, Range 13 West, SBM, near Rosamond, Kern County; for an existing public road, known as Mojave-Tropico Road/County Road No. 221. CEQA Consideration: categorical exemption. (PRC 2234.2; RA# 30606) (A 36; S 16) (Staff: C. Hudson)

C

     59 

SOUTHERN CALIFORNIA EDISON COMPANY (APPLICANT): Consider application for a General Lease – Right-of-Way Use, of State-owned school land located within Section 16, Township 16 North, Range 13 East, SBM, near Mountain Pass, San Bernardino County; for an existing electric distribution line, wood poles and a dirt access road. CEQA Consideration: categorical exemption. (W 27201; RA# 06518) (A 33; S 16) (Staff: C. Hudson)

MINERAL RESOURCES MANAGEMENT

C

     60 

CALIFORNIA DEPARTMENT OF TRANSPORTATION (APPLICANT): Consider an application for a Non-Exclusive Geological Survey Permit on sovereign lands located in the American River, Sacramento County. CEQA Consideration: categorical exemption. (W 6005.196; RA# 18018) (A 7; S 6) (Staff: R. B. Greenwood)

C

     61 

CITY OF LONG BEACH (APPLICANT): Consider approval of subsidence monitoring costs for vertical measurements and studies for the 2019-2020 fiscal year, City of Long Beach, Los Angeles County. CEQA Consideration: categorical exemption. (W 10443) (A 70; S 33, 34) (Staff: R. B. Greenwood)

C

     62 

CITY OF LONG BEACH (GRANTEE): Consider acceptance of the Long Beach Unit Program Plan (July 1, 2019 through June 30, 2024), and the Annual Plan (July 1, 2019 through June 30, 2020), Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 17166) (A 70; S 33, 34) (Staff: E. Tajer)

C

     63 

MADERA COUNTY PUBLIC WORKS DEPARTMENT (APPLICANT): Consider an application for a Non-Exclusive Geological Survey Permit on sovereign lands located in the San Joaquin River, Madera County. CEQA Consideration: Environmental Impact Report, certified by the Madera County Department of Public Works, State Clearinghouse No. 2018031001. (W 6005.195; RA# 11818) (A 5; S 12) (Staff: R. B. Greenwood)

C

     64 

TETRA TECH, INC. (APPLICANT): Consider an application for a General Permit to conduct geophysical surveys on tide and submerged lands under the jurisdiction of the California State Commission. CEQA Consideration:Mitigated Negative Declaration, Mitigation Monitoring Program, and addendum, adopted by the California State Lands Commission, State Clearinghouse No. 2013072021. (W 6005.197; RA# 18118) (A & S: Statewide) (Staff: R.B. Greenwood)

MARINE ENVIRONMENTAL PROTECTION – NO ITEMS

ADMINISTRATION

C

     65 

CALIFORNIA STATE LANDS COMMISSION: Consider granting authority to the Executive Officer to renew an agreement with University Enterprises, Inc., to procure the services of college students to assist the Commission with various assignments for fiscal years 2018-2023. CEQA Consideration: not a project. (A & S: Statewide) (Staff: K. Forbes, J. Kwong, R. Wurster, R. Singh)

C

     66 

CALIFORNIA STATE LANDS COMMISSION: Consider granting authority to the Executive Officer or her designee to enter into contracts with California State University, Fresno to digitize and preserve Commission map record sets. CEQA Consideration: not a project. (A & S: Statewide) (Staff: R. Singh)

LEGAL – NO ITEMS

KAPILOFF LAND BANK TRUST ACQUISITIONS – NO ITEMS

EXTERNAL AFFAIRS

GRANTED LANDS – NO ITEMS

V. INFORMATIONAL

 

     67 

CALIFORNIA STATE LANDS COMMISSION: Legislative Report providing information and a status update concerning state legislation relevant to the Commission. CEQA consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

 

     68 

CALIFORNIA STATE LANDS COMMISSION: Report on the monitoring of possible subsidence, Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 10442, W 16001) (A 70; S 33, 34) (Staff: R. B. Greenwood)

VI. REGULAR CALENDAR 69-73

 

     69 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 926 (O’Donnell) in the 2019-20 legislative session to remove the $300 million cap on the Oil Trust Fund, resuming monthly deposits of $2 million from Long Beach oil operation revenues until the Fund reaches a balance that will cover the State’s projected abandonment liabilities. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

 

     70 

CALIFORNIA STATE LANDS COMMISSION: Consider opposing certain provisions of SB 69 (Wiener) that would require the State Water Resources Control Board, instead of the State Lands Commission, to adopt regulations related to ballast water discharge performance standards. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

 

     71 

CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 467 (Boerner Horvath) in the 2019-20 legislative session that would require the California State Lands Commission, the California Coastal Commission, the Department of Parks and Recreation and the Department of Fish and Wildlife to include equal prize competition as a condition of any permit or lease authorizing a competitive event on lands under their jurisdiction. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton)

 

     72 

SAN JOAQUIN RIVER CONSERVANCY (INFORMATIONAL): Presentation by the San Joaquin River Conservancy’s Executive Officer on the Conservancy’s efforts to develop and manage the San Joaquin River Parkway, a planned 22-mile natural and recreational area extending from Friant Dam to Highway 99. CEQA Consideration: not applicable. (A 23; S 8) (Staff: J. Lucchesi)

 

     73 

CALIFORNIA STATE LANDS COMMISSION (INFORMATIONAL): Update on efforts to achieve meaningful public access to the coast at Hollister Ranch, Santa Barbara County. CEQA Consideration: not applicable. (A 37; S 19) (Staff: J. Lucchesi)

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 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:

Baywood, LLC and California State Lands Commission v. DOES

California Coastkeeper Alliance, California Coastal Protection v. California State Lands Commission

Eugene Davis v. State of California and California State Lands Commission,

In re: Rincon Island Limited Partnership Chapter 7

In re: Venoco, LLC, Bankruptcy Chapter 11

In re: PG&E Corporation and Pacific Gas and Electric Company, 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 Joaquin River Exchange Contractors Water Authority v. State of California; State Lands Commission

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

Searcy v. Berry Petroleum, 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.