. FOR INFORMATION, PLEASE CONTACT COMMISSIONERS PRESENT:
Lynda Smallwood
100 Howe Avenue, Suite 100-South - John Chiang, Controller
Sacramento, California 95825-8202 - Mona Pasquil, Acting Lt. Governor
smallwl@slc.ca.gov - Tom Sheehy, Alternate for Director of the (916) 574-1923 Dept. of Finance, Michael Genest
AND ITEMS ARE AVAILABLE
ON CSLC WEB SITE: www.slc.ca.gov
MEETING OF THE
CALIFORNIA STATE LANDS COMMISSION
VOTING RECORD
HOLIDAY INN ON THE BAY
1355 NORTH HARBOR DRIVE
JOHN CHIANG, STATE CONTROLLER, CHAIR
MONA PASQUIL, OFFICE OF THE LIEUTENANT GOVERNOR, MEMBER
MICHAEL C. GENEST, DIRECTOR OF FINANCE, MEMBER
THE MINUTES OF THE November 16, 2009 mEETING WERE APPROVED BY A VOTE OF 3-0.
CONSENT CALENDAR:
CONSENT ITEMS C01-C12 AND C14-C37 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0. CONSENT ITEMS 13 AND 38 WERE REMOVED FROM CONSIDERATION.
REGULAR CALENDAR:
ITEM 39 – ITEM WAS APPROVED AS AMENDED BY A VOTE OF 3-0.
ITEM 40 – ITEM WAS APPROVED AS AMENDED BY A VOTE OF 3-0.
ITEM 41 – ITEM WAS APPROVED AS AMENDED BY A VOTE OF 2-0. (FINANCE NOT
PRESENT)
ITEM 42 – CONSIDERATION WAS POSTPONED TO A FUTURE MEETING.
ITEM 43 – ITEM WAS APPROVED BY A VOTE OF 2-0 (FINANCE NOT PRESENT).
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.
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. YOU WILL BE ALLOWED 3 MINUTES TO SPEAK.
RECREATIONAL PIER LEASES
GENERAL LEASES
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VERONA MARINA, INC. (LESSEE): Consider revision of rent to Lease No. PRC 7766.1, a General Lease - Commercial Use, of sovereign lands located in the Sacramento River, adjacent to 6955 Garden Highway, near Verona, Sutter County; for a commercial marina. (PRC 7766.1) (A 2; S 4) (Staff: V. Caldwell)
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EQUITY BANCORP. INC. (LESSEE), 151 BRANNAN ISLAND ROAD LLC (APPLICANT), LIGHTHOUSE RESORT FIRST MORTGAGE INVESTORS LP (PROPOSED SECURED-PARTY LENDER): Consider termination of Lease No. PRC 5210.1, a General Lease – Commercial Use and an application for a new General Lease – Commercial and Protective Structure Use and an Agreement and Consent to Encumbrancing of the Lease, of sovereign lands located in the Mokelumne River, near Andrus Island, adjacent to 151 Brannan Island Road, city of Isleton, Sacramento County, for an existing commercial marina known as Lighthouse Marina and the retention of bank protection, not previously authorized by the Commission. (WP 5210.1; RA# 0780) (A 9; S 6) (Staff: V. Caldwell)
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KEY LEASE CORPORATION, INC. (LESSEE): Consider revision of rent to Lease No. PRC 2409.1, a General Lease - Commercial Use, of sovereign lands located in the San Joaquin River, adjacent to 841 W. Brannan Island Road, city of Isleton, Sacramento County; for a commercial marina known as Spindrift Marina. (PRC 2409.1) (A 8; S 4, 5) (Staff: V. Caldwell)
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KNOB HILL MINES, INC., DBA HASTINGS ISLAND LAND COMPANY (APPLICANT/SUBLESSOR); CITIZENS TELECOMMUNICATIONS COMPANY OF CALIFORNIA INC., DBA FRONTIER COMMUNICATIONS OF CALIFORNIA (SUBLESSEE): Consider application for a new General Lease – Right of Way Use and approval of a Sublease of sovereign lands located over Lindsay Slough, near the city of Isleton, Solano County; for an existing vehicular traffic bridge previously authorized by the Commission and the retention of an existing telecommunications cable not previously authorized by the Commission. (WP 3323.1; RA# 04408) (A 8, 15; S 2, 5) (Staff: M. Clark)
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DEVIL'S ISLE, INC. (APPLICANT): Consider application for a new General Lease – Recreational and Protective Structure Use, of sovereign lands located in White Slough and Little Potato Slough, adjacent to 14501 West Eight Mile Road, near the city of Stockton, San Joaquin County; for an uncovered floating boat dock with four single berth slips, three ramps, covered swimming float, and bank protection previously authorized by the Commission. (WP 6548.1; RA# 01509) (A 10, 15, 26; S 5, 14) (Staff: M. Clark ) REMOVED FROM AGENDA
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TIMOTHY J. LAUGHLIN, TRUSTEE OF THE TIMOTHY J. LAUGHLIN TRUST UNDER DECLARATION OF TRUST DATED MAY 13, 1998 (APPLICANT): Consider application for a new General Lease – Recreational and Protective Structure Use, of sovereign lands located in the Sacramento River, adjacent to 5295 Garden Highway, near the city of Sacramento, Sacramento County; for an existing single-berth floating boat dock, ramp, two pilings, dolphin, and bank protection previously authorized by the Commission and the retention of an existing dock cover, boat lift, and electrical box, not previously authorized by the Commission. (WP 7612.9; RA# 02409) (A 2,5; S 4,6) (Staff: M. Clark )
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LARRY F. GORHAM AND LINDA GORHAM (LESSEES): Consider revision of rent to Lease No. PRC 8561.1, a General Lease - Recreational Use, of sovereign lands located in the Sacramento River, at Grand Island, near the town of Walnut Grove, Sacramento County; for an uncovered floating boat dock with slip, four pilings, and gangway. (PRC 8561.1) (A 8, 15; S 5, 14) (Staff: M. Clark)
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RONALD EDWARDSON (LESSEE): Consider revision of rent to Lease No. PRC 8484.1, a General Lease – Recreational Use, of sovereign lands located in Sacramento River, near the town of Ryde, Sacramento County; for an uncovered floating boat dock, three pilings, gangway and concrete landing with steps. (PRC 8484.1) (A 8, 15; S 5, 14) (Staff: M. Clark)
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U.S. SPRINT COMMUNICATIONS COMPANY LIMITED PARTNERSHIP (APPLICANT/LESSEE): Consider the continuation of rent and an application for amendment to Lease No. PRC 7201.2, General Lease - Right of Way Use, of five parcels of State school and lieu land located in portions of Section 30 and 32, Township 10, North, Range 1 East; Section 36, Township 15 North, Range 9 East; Tract 37, Township 16 North, Range 11 East; and Section 16, Township 16 North, Range 13 East, SBM, near Barstow, San Bernardino County; to amend the land description. (PRC 7201.2; RA# 01208) (A 61; S 25) (Staff: C. Hudson)
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GRANITE CONSTRUCTION COMPANY (APPLICANT): Consider application for a new General Lease – Right of Way Use, of State lieu land located in a portion of Section 28, Township 11 North, Range 12 West, SBM, near the town of Mojave, Kern County; for an existing underground water pipeline previously authorized by the Commission. (WP 8108.2; RA# 02609) (A 34; S 17) (Staff: C. Hudson)
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CITY OF SACRAMENTO (LESSEE/SUBLESSOR); HORNBLOWER YACHTS, INC., DBA HORNBLOWER CRUISES AND EVENTS, INC. (SUBLESSEE): Consider application for an amendment to a sublease under Master Lease No. PRC 7001.1, of sovereign lands located in the Sacramento River, city of Sacramento, Sacramento County, to include a storage barge. (WP 7001.1; RA# 24108) (A 9; S 6) (Staff: D. Jones)
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WILLIAM R. SHEPHERD, JR. AND MARY JO SHEPHERD, TRUSTEES OF THE WILLIAM R. SHEPHERD, JR. HOMEWOOD QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 31, 2008; AND WILLIAM R. SHEPHERD, JR. AND MARY JO SHEPHERD, TRUSTEES OF THE MARY JO SHEPHERD HOMEWOOD QUALIFIED PERSONAL RESIDENCE TRUST, DATED DECEMBER 31, 2008 (APPLICANTS): Consider application for a new General Lease - Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to 6210 West Lake Bouelvard, near Homewood, Placer County; for an existing pier, boat house, sundeck with stairs, and two mooring buoys previously authorized by the Commission and the retention of two existing boat lifts not previously authorized by the Commission. (WP 4272.1; RA# 09407) (A 4; S 1) (Staff: N. Lee)
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TIM WESTPHAL AND BENTLEY R. WESTPHAL, TRUSTEES OF THE TIM AND BENTLEY WESTPHAL FAMILY TRUST, A TRUST ESTABLISHED UNDER THE LAWS OF THE STATE OF CALIFORNIA BY AN AGREEMENT DATED OCTOBER 11, 2002, AS AMENDED ON MAY 25, 2005; ROBERT A. CHURCH, AS TRUSTEE OF THE ROBERT CHURCH LIVING TRUST ESTABLISHED NOVEMBER 22, 1995; RICHARD L. CHURCH; GREGORY R. GIBESON AND LYNNE H. GIBESON, TRUSTEES OF THE GIBESON FAMILY TRUST, DATED MARCH 16, 2007; JOHN ROBOTTI AND MARION ROBOTTI; BETTY L. COSTA, AS SUCCESSOR TRUSTEE OF THE RAYMOND B. COSTA AND BETTY L. COSTA REVOCABLE TRUST U/A/D SEPTEMBER 6, 1996; DANIEL A. MCDANIEL, SR. AND SHARON L. MCDANIEL, AS CO-TRUSTEES OF THE DANIEL A. MCDANIEL, SR. AND SHARON L. MCDANIEL REVOCABLE TRUST U/A/D SEPTEMBER 6, 1996 (APPLICANTS): Consider application for a new General Lease - Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to 2780 West Lake Boulevard, near Homewood, Placer County; for an existing pier previously authorized by the Commission. (WP 2278.1; RA# 15004) (A 4; S 1) (Staff: N. Lee)
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THE U.S. DEPARTMENT OF ENERGY, WESTERN AREA POWER ADMINISTRATION (APPLICANT): Consider application for a General Lease – Public Agency Use, of sovereign lands located in the Feather River, adjacent to Assessor Parcel Number 25-290-006, south of the city of Yuba City, Sutter County; for the construction of a 230-kV overhead double-circuit transmission line and the retention of an existing 230-kV overhead transmission line. (W 25919; RA# 04809) (A 2; S 4) (Staff: N. Lee)
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CALIFORNIA STATE LANDS COMMISSION AND CALIFORNIA COASTAL COMMISSION (PARTIES): Consider acceptance of one offer to dedicate a lateral public access easement over land adjacent to State tidelands, at 25322 Malibu Road, city of Malibu, Los Angeles County. (W 24665) (A 41; S 23) (Staff: S. Nelson)
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TERRI R. LEBARON (APPLICANT): Consider authorization, as school lands trustee, of the sale and subsequent issuance of a patent to Terri R. LeBaron for 2,767 square feet, more or less, of school lands located within the city of Yreka, Siskiyou County. (SA 5766; RA# 08608) (A 2; S 4) (Staff: J. Porter, J. Frey)
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THOMAS CHOW (APPLICANT): Consider application for a new General Lease – Recreational Use, of sovereign lands located in Huntington Harbour, Huntington Beach, Orange County; for an existing boat dock and access ramp previously authorized by the Commission; and for an existing cantilevered deck not previously authorized by the Commission. (WP 5742.1; RA# 05109) (A 67; S 35) (Staff: D. Simpkin)
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MELVIN B. LANE AND JOAN F. LANE, AS TRUSTEES OF THE MELVIN B. LANE QUALIFIED PERSONAL RESIDENCE TRUST DATED AUGUST 20, 1999, AND MELVIN B. LANE AND JOAN F. LANE, AS TRUSTEES OF THE JOAN F. LANE QUALIFED PERSONAL RESIDENCE TRUST DATED AUGUST 20, 1999 (LESSEES); JULIE LANE GAY (APPLICANT): Consider termination of Lease No. PRC 8316.9, a Recreational Pier Lease, and an application for a new General Lease - Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to181 and 185 Paradise Flat Lane, South Lake Tahoe, El Dorado County; for an existing pier, boatlift and two mooring buoys previously authorized by the Commission and the retention of one swim float not previously authorized by the Commission. (WP 8316.1; RA# 24208) (Staff: B. Terry)
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MCKINNEY SHORES PROPERTY OWNERS ASSOCIATION (APPLICANT): Consider application for a new General Lease - Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to 6270 West Lake Boulevard, near Homewood, Placer County; for two existing piers, 65 mooring buoys, and one swim float previously authorized by the Commission and the retention of one additional existing mooring buoy, not previously authorized by the Commission. (WP 4053.1; RA# 06808) (A 4; S 1) (Staff: B. Terry)
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PARADISE FLAT II, L.P. (APPLICANT): Consider application for a new General Lease - Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to 281 and 301 Paradise Flat Lane, near Rubicon Bay, El Dorado County; for an existing pier previously authorized by the Commission and retention of two mooring buoys not previously authorized by the Commission. (WP 4120.1; RA# 09206) (A 4; S 1) (Staff: B. Terry)
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ROBERT E. JAMES, III AND MINDY E. COOPER-SMITH, TRUSTEES, COOPER-SMITH/JAMES 2001 FAMILY TRUST, DATED 4/21/2001 (APPLICANTS): Consider application for a new General Lease – Recreational Use, of sovereign lands located in Lake Tahoe, adjacent to 3230 West Lake Boulevard, near Homewood, Placer County; for two existing mooring buoys previously authorized by the Commission. (WP 7690; RA# 04409) (A 4; S 1) (Staff: B. Terry)
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U.S. BORAX, INC. (APPLICANT): Consider application for a new General Lease – Industrial Use, of sovereign lands located in on the west side of the dry lake bed of Owens Lake, south of Lone Pine, Inyo County; for an existing mineral processing site, water wells, access road, solar evaporating ponds and electrical transmission facility previously authorized by the Commission. (WP 2976.1; RA# 20407) (A 34; S 18) (Staff: S. Young)
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ADMINISTRATION
MINERAL RESOURCES MANAGEMENT
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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 10442) (A 54, 55; S 27, 28) (Staff: C. Duda)
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CITY OF LONG BEACH (APPLICANT): Consider approval of the Final Report and Closing Statement for the Long Beach Unit Annual Plan (July 1, 2008 through June 30, 2009), Long Beach Unit, Wilmington Oil Field, Los Angeles County. (W 17162)(A 54; S 27) (Staff: A. Reid, H. Rassamdana)
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U. S. BORAX INC. (APPLICANT): Consider an application for the renewal and amendment of State Mineral Extraction Lease for minerals other than oil, gas and geothermal resources on State sovereign lands at Owens Lake, Inyo County. (PRC 5464.1) (A 34; S 18) (Staff: G. Pelka, V. Perez)
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ACJ TRUE GRIT, LLC (PARTY): Consideration of Settlement Agreement for Removal of Aggregate from State's Mineral Interest, near the town of Baker, San Bernardino County. (W 40783) (A 18; S 34) (Staff: G. Pelka, V. Perez)
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UNIVERSITY CORPORATION AT MONTEREY BAY (APPLICANT): Consider approval of a Non-Exclusive Geophysical Survey Permit from January 1, 2010 through December 31, 2010 to conduct geophysical surveys using low energy equipment on tide and submerged lands under the jurisdiction of the California State Lands Commission. (W 6005.120) (A & S: Statewide) (Staff: R. B. Greenwood)
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SEA ENGINEERING, INC. (APPLICANT): Consider approval of a Non-Exclusive Geophysical Survey Permit from January 1, 2010 through December 31, 2010, to conduct geophysical surveys using low energy equipment on tide and submerged lands under the jurisdiction of the California State Lands Commission. (W 6005.118) (A & S: Statewide) (Staff: R. B. Greenwood) REMOVED FROM AGENDA
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V. REGULAR CALENDAR 39 – 43
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CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider a report prepared by staff on the potential impacts of sea level rise on facilities that are located on sovereign lands and staff recommendations as they relate to future project review and application processing. (A & S Statewide) (Staff: J. Smith)
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FUGRO PELAGOS, INC. (PERMIT HOLDER): Consider Revocation of a Non-Exclusive Geophysical Survey Permit on tide and submerged lands under the jurisdiction of the California State Lands Commission. (PRC 8391) (A & S: Statewide) (Staff: R. B. Greenwood)
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CITY OF LOS ANGELES, DEPARTMENT OF WATER AND POWER (LESSEE): Consider application for an amendment to Lease No. PRC 8079.9, a General Lease - Public Agency Use, of sovereign lands located in Owens Lake, near Lone Pine, Inyo County; for dust control measures on the bed of Owens Lake. (PRC 8079.9; RA# 06208) (A 34; S 18) (Staff: J. Brown, S. Mindt)
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CALIFORNIA STATE LANDS COMMISSION: Consider supporting AB 634 (Harkey), which would immunize public entities and employees from liability for damages and injuries arising out of SCUBA diving. (A & S: Statewide) (Staff: M. De Bernardo) REMOVED FROM AGENDA
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CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider support and sponsorship of proposed bills for the 2010 state legislative session concerning land exchanges, ballast water, city of Pittsburg grant, and administrative penalties for violation of, or failure to obtain, the legally required authorization for activities on lands under the Commission’s jurisdiction. (A & S: Statewide) (Staff: M. De Bernardo)
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VI. PUBLIC COMMENT
VII. CLOSED SESSION
LITIGATION
AT ANYTIME DURING THE MEETING THE COMMISSION MAY MEET TO CONSIDER POSSIBLE AND PENDING LITIGATION IN A SESSION CLOSED TO THE PUBLIC PURSUANT TO THE ATTORNEY-CLIENT PRIVILEGES (SEE GOVERNMENT CODE SECTION 11126 (e).
THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126 (e)(2)(B) or (2)(C).