AGENDA

VOTING RECORD

MEETING OF THE

CALIFORNIA STATE LANDS COMMISSION

One Ferry Building

Port Commission Hearing Room

San Francisco, California 94111

JOHN CHIANG, STATE CONTROLLER, CHAIR

JOHN GARAMENDI, LIEUTENANT GOVERNOR, MEMBER

MICHAEL C. GENEST, DIRECTOR OF FINANCE, MEMBER

MAY 5, 2008

ORDER OF BUSINESS

THE MINUTES OF THE March 25, 2008 mEETING WERE APPROVED BY A VOTE

OF 3-0.

CONSENT CALENDAR: consent item C22 was postponed. CONSENT ITEMS C01-C21 and C23-C33 WERE APPROVED BY A VOTE OF 3-0.

REGULAR CALENDAR: Regular Item 34 was approved as presented by a vote of 3-0.

I. 10:00 A.M. - OPEN SESSION CALENDAR ITEM REFERENCES TO AB 884 DENOTE THE PERMIT STREAMLINING ACT (CALIFORNIA GOVERNMENT CODE SECTION 65920 ET SEQ.).

A SIGN LANGUAGE INTERPRETER WILL BE PROVIDED UPON ADVANCE NOTIFICATION OF NEED BY A DEAF OR HEARING IMPAIRED PERSON. SUCH NOTIFICATION SHOULD BE MADE AS SOON AS POSSIBLE PRIOR TO DATE OF THE EVENT.

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 IN ADVANCE TO ARRANGE FOR SUCH ACCOMMODATION.

II. CONFIRMATION OF MINUTES FOR THE MEETING OF MARCH 25, 2008.

III. EXECUTIVE OFFICER’S REPORT

IV. CONSENT CALENDAR C01 - C33 THE FOLLOWING ITEMS ARE CONSIDERED TO BE NON-CONTROVERSIAL AND ARE SUBJECT TO CHANGE AT ANY TIME UP TO THE DATE OF THE MEETING.

ANYONE WISHING TO ADDRESS AN ITEM ON THE AGENDA SHOULD FILL OUT A SPEAKER FORM. WHEN YOU ARE CALLED TO SPEAK, PLEASE STATE YOUR NAME FOR THE RECORD.

LAND MANAGEMENT DIVISION

RECREATIONAL PIER LEASES

C	01	STEPHEN J. REINL AND WENDI M. REINL, TRUSTEES OF THE STEPHEN J. REINL AND WENDI M. REINL REVOCABLE TRUST DATED 9/13/2005 (APPLICANTS): Consider application for a new Recreational Pier Lease of sovereign lands located in the Sacramento River, adjacent to 943 Piedmont Drive, city of Sacramento, Sacramento County; for an existing uncovered floating boat dock and ramp previously authorized by the Commission. (WP 7303.9; RA# 13307) (A 9; S 6) (Negotiator: M. Clark) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	02	SUZANNE SCHARF, TRUSTEE OF THE SUZANNE SCHARF REVOCABLE TRUST, DATED JUNE 1, 1995 (APPLICANT): Consider application for a new Recreational Pier Lease of sovereign lands located in Lake Tahoe, adjacent to 4910 West Lake Boulevard, near Homewood, Placer County; for an existing pier and two mooring buoys previously authorized by the Commission. (WP 3622.9; RA# 12307) (A 4; S 1) (Negotiator: M. Clark) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	03	MARTIN H. RESCH AND KERRY F. KNUTH (LESSEES); LAWRENCE B. LEVY AND HILLARY B. LEVY, TRUSTEES OF THE H&L TRUST UDT DATED APRIL 8, 1996 (APPLICANTS): Consider the termination of Lease No. PRC 8311.9, a Recreational Pier Lease, and application for a new Recreational Pier Lease, of sovereign lands located in Lake Tahoe, adjacent to 15 Main Street, Tahoe City, Placer County; for two existing mooring buoys previously authorized by the Commission. (WP 8311.9; RA# 17607) (A 4; S 1) (Negotiator: N. Lee) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	04	GREER M. ARTHUR, JR. AND VERONICA ARTHUR, TRUSTEES AND SUCCESSOR TRUSTEES, OF THE ARTHUR LIVING TRUST DATED DECEMBER 24, 1991 (APPLICANTS): Consider application for a new Recreational Pier Lease of sovereign lands located in Lake Tahoe, adjacent to 2250 North Lake Boulevard, near Tahoe City, Placer County; for an existing pier and two mooring buoys previously authorized by the Commission. (WP 8001.9; RA# 14907) (A 4; S 1) (Negotiator: N. Lee) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	05	RICHARD D. MELLO AND JUDITH G. MELLO, AS CO-TRUSTEES OF THE RICHARD D. MELLO AND JUDITH G. MELLO REVOCABLE TRUST, UNDER DECLARATION OF TRUST DATED MARCH 15, 2004 (APPLICANTS): Consider application for a new Recreational Pier Lease of sovereign lands located in Donner Lake, adjacent to 13956 South Shore Drive, near Truckee, Nevada County; for an existing pier previously authorized by the Commission. (WP 7340.9; RA# 03600) (A 4, 3; S 1) (Negotiator: B. Terry) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	06	JOHN F. MURRAY AND DIANE LAIN JOHNSON MURRAY, TRUSTEES OF THE MURRAY FAMILY REVOCABLE TRUST, UNDER AGREEMENT DATED MAY 27, 1988 (APPLICANTS): Consider application for a new Recreational Pier Lease of sovereign lands located in Lake Tahoe, adjacent to 4750 North Lake Boulevard, near Carnelian Bay, Placer County; for one existing mooring buoy previously authorized by the Commission. (WP 8017.9; RA# 17007) (A 4; S 1) (Negotiator: B. Terry) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	07	JOSEPH P. BARATTA, II AND ABIGAIL W. BARATTA (APPLICANTS): Consider application for a new Recreational Pier Lease of sovereign lands located in Lake Tahoe, adjacent to 5500 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier and two mooring buoys previously authorized by the Commission. (WP 3698.9; RA# 09007) (A 4; S 1) (Negotiator: B. Terry) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	08	SARA SKINNER (APPLICANT): Consider application for a new Recreational Pier Lease of sovereign lands located in Lake Tahoe, adjacent to 227 Drum Road, near Meeks Bay, El Dorado County; for the removal of an existing pier, the construction, use and maintenance of a new pier; and two existing mooring buoys previously authorized by the Commission. (WP 3849.9; RA# 11407) (A 4; S 1) (Negotiator: B. Terry) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat

GENERAL LEASES

C	09	BUFFER PROPERTIES, LLC (LESSEE): Consider revision of rent to Lease No. PRC 5167.1, a General Lease - Commercial Use, of sovereign lands located in the Sacramento River, adjacent to 1577 Garden Highway, city of Sacramento, Sacramento County; for an existing commercial marina. (PRC 5167.1) (A 5, 9;S 6) (Negotiator: V. Caldwell) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	10	KENNETH W. ADGATE AND DONNA L. ADGATE (APPLICANTS): Consider application for a General Lease – Recreational Use, of sovereign lands located in Georgiana Slough, adjacent to 17035 Terminous Road, city of Isleton, Sacramento County; for an existing single-berth covered floating boat dock with boatlift, four attached covered personal watercraft lifts, an uncovered area of the dock used for water oriented recreational purposes, four pilings, and ramp. (W 24230; RA# 26006) (A 8, 15; S 2, 5) (Negotiator: V. Caldwell) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	11	LARKSPUR PLAZA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; ROBERT STEVENS CALLENDER AND MARY SUTRO CALLENDER; AND J & E PROPERTY MANAGEMENT (LESSEES); PAUL B. TIETJEN AND LANA T. TIETJEN, TRUSTEES OF THE PAUL B. TIETJEN AND LANA T. TIETJEN DECLARATION OF TRUST DATED AUGUST 6, 2002; AND HOWARD A. COOPER (APPLICANTS): Consider termination of Lease No. PRC 4674.1, a General Lease – Recreational Use, and an application for a new General Lease – Recreational Use of sovereign lands located in the Corte Madera Creek, adjacent to 555 and 575 Larkspur Plaza Drive, city of Larkspur, Marin County; for an existing uncovered floating boat dock, ramp, pier, two concrete deadman, and two anchor cables previously authorized by the Commission and the retention of an existing boat lift not previously authorized by the Commission. (WP 4674.1; RA# 09207) (A 6; S 3) (Negotiator: M. Clark) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	12	JOHN PALETTA AND SYLVIA PALETTA (LESSEES); JCS PROPERTIES, LLC (APPLICANT): Consider termination of Lease No. PRC 8544.9, a General Lease – Recreational and Protective Structure Use, and an application for a new General Lease – Recreational and Protective Structure Use, of sovereign lands located in the San Joaquin River, adjacent to 441 Brannan Island Road, city of Isleton, Sacramento County; for an existing uncovered floating boat dock, gangway, electrical conduit, three pilings, and bank protection previously authorized by the Commission. (WP 8544.1; RA# 07607) (A 15; S 5) (Negotiator: M. Clark) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	13	NATIONAL PARK SERVICE - CHANNEL ISLANDS NATIONAL PARK (LESSEE): Consider application for an amendment to Lease No. PRC 8390.9, a General Lease - Public Agency Use, of sovereign lands located in Becher's Bay, Santa Rosa Island, Channel Islands National Park, offshore of Santa Barbara and Ventura counties; to remove the existing pier and construct a new pier. (WP 8390.9; RA# 14507) (A 35; S 19) (Negotiator: K. Foster) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B is not available
C	14	PROTECH MINERALS, INC. (LESSEE): Consider the continuation of rent for Lease No. PRC 8323.2, a General Lease – Right of Way Use, of school lands located in a portion of Section 36, Township 20 North, Range 10 East, SBM, near the Pahrump Valley Wilderness Area, San Bernardino County; for an existing unpaved dirt access road. (PRC 8323.2) (A 34; S 17) (Negotiator: C. Hudson) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	15	SANDRA BRADEN, PAULA ROSSER AND BRUCE JACOBSON, SUCCESSOR CO-TRUSTEES OF THE HENRY AND DOROTHY SCHECHERT TRUST, DATED MARCH 24, 1982 (ASSIGNORS); KARLO RANCH, LLC (ASSIGNEE): Consider application for the assignment of Lease No. PRC 6962.2, a General Lease – Grazing Use, of school lands located ten miles north of Honey Lake, Lassen County; for cattle grazing previously authorized by the Commission. (PRC 6962.2; RA# 18507) (A 3; S 1) (Negotiator: C. Hudson) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B is not available
C	16	JOSEPH M. DEAK AND GRETCHEN W. DEAK (APPLICANTS): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign lands located in Georgiana Slough, adjacent to 451 W. Willow Tree Lane, city of Isleton, Sacramento County; for the retention of an existing uncovered floating boat dock, boatlift, gangway, three pilings, and bank protection. (W 26262; RA# 14707) (A 15; S 5) (Negotiator: C. Hudson) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	17	W. WAYNE HERMAN (APPLICANT): Consider application for a General Lease – Recreational and Protective Structure Use, of sovereign lands located in the Sacramento River, adjacent to 2295 Garden Highway, city of Sacramento, Sacramento County; for removal of an existing uncovered floating boat dock with ramp, and the construction of a new uncovered floating boat dock with slip, two pilings, gangway, and placement of additional bank protection; and the retention of two existing pilings and bank protection. (W 26229; RA# 28906) (A 5, 9;S 6) (Negotiator: C. Hudson) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	18	DEPARTMENT OF WATER RESOURCES (LESSEE): Consider application for an amendment to Lease No. PRC 8679.9, a General Lease - Protective Structure Use, of sovereign lands located in the San Joaquin River at RM’s 42.3, 43.4, 43.7, 44.0, 44.2, 44.40, 44.42, 45.2, 45.4, 45.8, 47.2, 47.9, 52.8, 53.2, 54.3, and 55.5 south of the city of Stockton, San Joaquin County; the Sacramento River at RM’s 32.6, 32.3, 32.1, 31.8, 31.5, 30.9, 30.6, 30.5, 30.2, 30.0, 36.7, and 35.7 near the town of Courtland; Steamboat Slough at RM’s 21.3, 20.1, 19.7, 19.2, 19.2, 17.7, 17.6, 17.2, 16.0; the Sacramento River at RM’s 15.57, 15.6, 16.4, 17.8, 18.1, 18.8, 22.1, 22.7, 22.9, 23.0, 23.2 near the town of Isleton; Sacramento River at RM’s 25.1, 25.5, 25.6, 28.0, 28.2, 28.3, 28.6, 28.8, 32.4 near the city of Walnut Grove, Sacramento County; and the Sacramento River at RM’s 154.3 and 156.1, Colusa County; to add additional levee repair sites to the Lease. (WP 8679.9; RA# 07707) (A2, 8. 9; S 5) (Negotiator: D. Jones) Agenda Item MS Word Adobe Acrobat Exhibit A-1 MS Word Adobe Acrobat Exhibit A-2 MS Word Adobe Acrobat Exhibit A-3 MS Word Adobe Acrobat Exhibit A-4 MS Word Adobe Acrobat
C	19	ALLEN L. CAPURRO AND CAROL J. CAPURRO, TRUSTEES OF THE ALLEN CAPURRO FAMILY 1996 TRUST, DATED AUGUST 30, 1996, AND BRIAN D. MURPHY AND SUZANNE M. MURPHY, TRUSTEES OF THE MURPHY FAMILY TRUST, DATED DECEMBER 17, 2003 (APPLICANTS): Consider application for a new General Lease – Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to 4480 North Lake Boulevard, near Carnelian Bay, Placer County; for an existing pier, boat house, sundeck with stairs and one mooring buoy previously authorized by the Commission and the retention of an existing boat hoist not previously authorized by the Commission. (WP 4857.1; RA# 07507) (A 4; S 1) (Negotiator: N. Lee) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	20	TAHOE CITY PUBLIC UTILITY DISTRICT AND CALIFORNIA DEPARTMENT OF FISH AND GAME ACTING THROUGH THE WILDLIFE CONSERVATION BOARD (LESSEES): Consider application for an amendment to Lease No. PRC 2754.9, a General Lease - Public Agency Use, of sovereign lands located in Lake Tahoe, adjacent to 2500 Lake Forest Road, near Tahoe City, Placer County; to permanently install float sections to an existing public pier and trench plates to an existing public boat ramp. (WP 2754.9; RA# 15407) (A 4; S 1) (Negotiator: N. Lee) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B is not available
C	21	SFPP, L.P., A DELAWARE LIMITED PARTNERSHIP (LESSEE): Consider the continuation of rent for Lease No. PRC 8486.1, a General Lease – Right of Way Use, of sovereign lands located in Walnut, Grayson and Pacheco creeks, Cordelia Slough and the Carquinez Strait, between Concord and West Sacramento, Contra Costa, Solano, and Yolo counties, for the operation and maintenance of a 20-inch petroleum products pipeline. (PRC 8486.1) (A 8,11; S 5,7) (Negotiator: J. McComas) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	22	THE NATURE CONSERVANCY (APPLICANT): Consider authorization, as school lands trustee, of the sale and subsequent issuance of a patent to The Nature Conservancy for 640 acres, more or less, of State school lands located south of Tecopa, Inyo County. (SA 5765; RA# 05907) (A 34; S 18) (Negotiators: J. Porter, J. Frey) REMOVED FROM AGENDA
C	23	SUMMERLAND SANITARY DISTRICT (APPLICANT): Consider application for a new General Lease – Public Agency Use, of sovereign lands located in the Pacific Ocean, near Summerland, Santa Barbara County; for an existing 12-inch sewer outfall pipeline previously authorized by the Commission. (WP 2301.9; RA# 12007) (A 35; S 19) (Negotiator: A. Scott) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B is not available
C	24	PACIFIC GAS AND ELECTRIC COMPANY (LESSEE) SAN PABLO BAY PIPELINE COMPANY LLC (APPLICANT): Consider acceptance of a quitclaim deed and an application for a new General Lease – Right of Way Use, of sovereign lands located in Pacheco Creek, Hastings Slough and filled tidelands in the town of Crockett, and just west of the city of Martinez, Contra Costa County; for an existing non-operational 16-inch steel pipeline previously authorized by the Commission. (PRC 5040.1; RA# 18505) (A 14; S 7) (Negotiator: N. Smith) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B is not available Exhibit C MS Word Adobe Acrobat
C	25	SUISUN RESOURCE CONSERVATION DISTRICT (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign lands located in Goodyear Slough, near the city of Benicia, Solano County; for the retention of an existing floating boat dock and walkway. (W 26259; RA# 14307) (A 8; S 4) (Negotiator: N. Smith) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	26	SOUTHERN CALIFORNIA MARINE ASSOCIATION (APPLICANT): Consider application for a new General Lease – Commercial Use, of sovereign lands located in San Diego Bay, adjacent to 1380 Harbor Island Drive, city of San Diego, San Diego County; for the installation of a temporary marina facility for the 2008 San Diego Summer Boat Show. (WP 8602.1; RA# 18207) (A 76; S 39) (Negotiator: S. Young) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat

ADMINISTRATION

CALIFORNIA STATE LANDS COMMISSION (PARTY): Request authority for the Executive Officer to execute agreements For Budget Fiscal Year 2008-2009. (C2008-01, C2008-02 , C2008-03, C2008-04) (A & S Statewide) (Negotiators: D. Brown, A. Abeleda)

Agenda Item MS Word Adobe Acrobat

CALIFORNIA STATE LANDS COMMISSION (PARTY): Request authority for the Executive Officer to solicit proposals for consultant services, negotiate fair and reasonable price, award and execute agreements for implementation of the Santa Barbara Channel Hazards Removal Program in Santa Barbara and Ventura Counties. (W 25812, W 30140) (A & S Statewide) (Negotiators: D. Brown, A. Abeleda, E. Gillies, M. Ahuja)

Agenda Item MS Word Adobe Acrobat

MARINE FACILITIES DIVISION

CALIFORNIA STATE LANDS COMMISSION (PARTY): Request authority to enter into a contract to conduct research on ballast water exchange verification methodologies. (W 9777.234) (A & S Statewide) (Negotiators: M. Falkner, D. Brown)

Agenda Item MS Word Adobe Acrobat

MINERAL RESOURCES MANAGEMENT

C	30	CALIFORNIA STATE LANDS COMMISSION (APPLICANT) (INFORMATIONAL): Staff Report on the monitoring of possible subsidence, Long Beach Unit, Wilmington Oil Field, Los Angeles County. (W 16001, W 10441) (A 54, 55; S 27, 28) (Negotiator: V. Duda) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat
C	31	CAPITOL OIL CORPORATION (ASSIGNOR) AND ABA ENERGY CORPORATION (ASSIGNEE): Consider approval of an assignment to ABA Energy Corporation of all of Capitol Oil Corporation's 40% interest in Oil and Gas Lease No. PRC 8674.1, San Joaquin County. (PRC 8674.1 ) (A 15, S 5) (Negotiator: J. L. Smith) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B MS Word Adobe Acrobat
C	32	CAPITOL OIL CORPORATION (ASSIGNOR) AND ABA ENERGY CORPORATION (ASSIGNEE): Consider approval of an assignment to ABA Energy Corporation of all of Capitol Oil Corporation's 40% interest in Oil and Gas Lease No. PRC 8675.1, Sacramento and San Joaquin Counties. (PRC 8675.1 ) (A 15, S 5) (Negotiator: J. L. Smith) Agenda Item MS Word Adobe Acrobat Exhibit A MS Word Adobe Acrobat Exhibit B MS Word Adobe Acrobat
C	33	CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Instructions to negotiator in Closed Session regarding leasing of state tide and submerged lands located between Vandenberg Air Force Base and Platform Irene, Santa Barbara County. Negotiating parties: Plains Exploration and Production Company (PXP); United States Department of the Interior Mineral Management Service (MMS). Under negotiation: price and terms. Agenda Item MS Word Adobe Acrobat

V. REGULAR CALENDAR ITEM 34

CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider a resolution proposed by the Controller calling on the National Marine Fisheries Service to adopt stringent requirements to prevent marine mammal and sea turtle mortality at once-through cooling facilities.

Proposed Resolution MS Word Adobe Acrobat

VI. PUBLIC COMMENT

VII. CLOSED SESSION AT ANYTIME DURING THE MEETING THE COMMISSION MAY MEET IN A SESSION CLOSED TO THE PUBLIC PURSUANT TO GOVERNMENT CODE SECTION 11126 TO CONSIDER PENDING LITIGATION.

THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE 11126 (e)(2)(B) OR (2)(C).

THE COMMISSION MAY ALSO CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126 (c)(7) -- TO PROVIDE DIRECTIONS TO ITS NEGOTIATORS REGARDING TERMS FOR LEASING REAL PROPERTY.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Provide instructions to negotiator regarding leasing of state tide and submerged lands located between Vandenberg Air Force Base and Platform Irene, Santa Barbara County. Negotiating parties: Plains Exploration and Production Company (PXP); United States Department of the Interior Mineral Management Service (MMS). Under negotiation: price and terms.