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 1:00 PM on Thursday, March 7, 2019

SPECIAL MEETING

A G E N D A

VOTING RECORD

March 21, 2019

QLN CONFERENCE CENTER

EXHIBIT HALL

1938 AVENIDA DEL ORO

OCEANSIDE, CALIFORNIA 92056

9:00 A.M.

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

VOTING RECORD

COMMISSIONERS PRESENT:

·         ELENI KOUNALAKIS, Lieutenant Governor

·         BETTY T. YEE, State Controller

·         KAREN FINN, Chief Deputy Director and Alternate for Director of the Department of Finance Keely Bosler

VOTE:

REGULAR CALENDAR:

·         ITEM 01 – STAFF PRESENTATION WAS MADE. ITEM WAS APPROVED AS AMENDED BY A VOTE OF 3-0 (KOUNALAKIS‒YES; YEE–YES; FINN‒YES)

California State Lands Commission Meeting Procedures

SPEAKER SIGN-UP AND TIME LIMITS

Anyone wishing to address the Commission must fill out a “Request to Speak” form. Forms are available at a reception table near the entrance to the meeting. When you are called to speak, please identify yourself and your affiliation for the record. Each speaker will generally be allowed three minutes to speak; however, the Chair may set different time limits.

ACCESS TO MEETINGS

If you need reasonable accommodation to conduct business with the Commission for a disability, as defined by the Federal Americans with Disabilities Act and the California Fair Employment and Housing Act, please contact the Commission at 916.574.1800 in advance to arrange for such accommodation.

SIGN LANGUAGE INTERPRETER

A sign language interpreter will be provided upon advance notification of need by a deaf or hard of hearing person. Please contact the Commission at 711 (TTY) 916.574.1800 or by email CSLC.Commissionmeetings@slc.ca.gov at least five days prior to the meeting to arrange for an interpreter.

STAFF REPORTS AND EXHIBITS

A written staff report is available for most items on this agenda. Please note that staff reports are posted as soon as available on the Commission’s website at www.slc.ca.gov. The staff report and exhibits may be reviewed and downloaded. Past meetings, including staff reports and exhibits, transcripts, and webcasts, may also be viewed on the Commission’s website.

SUBMISSION OF WRITTEN MATERIALS

Written materials should be submitted to the Commission no later than three business days before the meeting. Please Note: You are discouraged from submitting written materials to the Commission on the day of the meeting, unless they are visual aids as it is difficult for Commissioners to thoroughly consider late submittals. No facsimiles, texts or emails will be accepted at the meeting site. All non-procedural communications become part of the record. Written materials may be submitted to: CSLC.Commissionmeetings@slc.ca.gov or 100 Howe Avenue, Suite 100 South, Sacramento, CA 95825.

VISUAL PRESENTATIONS/MATERIALS

Visual presentations/materials must be accompanied by a USB flash drive, flash memory card, or compact disk and must be PC compatible. It is recommended that a hard copy of any electronic presentation be submitted in case of technical difficulties. A slide projector and laptop will be available from our audio-visual technician, and they can assist you in its use. All written materials exhibited to the Commission during the meeting (presentations, maps, etc.) are part of the public record and are kept by the Commission.

NOTIFICATION OF MEETINGS AND AGENDAS

If you would like to receive electronic notification of Commission meetings, please visit our website at www.slc.ca.gov and go to the home page or to the “Scheduled Meetings” link under “Meetings” to subscribe.

ABBREVIATIONS AND ACRONYMS

·         A and S references are to Assembly and Senate districts

·         CEQA - California Environmental Quality Act

ORDER OF BUSINESS

I.

9:00 A.M. – OPEN SESSION

II.

REGULAR CALENDAR

 

     01 

SOUTHERN CALIFORNIA EDISON COMPANY, SAN DIEGO GAS AND ELECTRIC COMPANY, AND THE CITY OF RIVERSIDE (APPLICANT/LESSEE): Consider certification of a Final Environmental Impact Report (State Clearinghouse No. 2016071025); adoption of a Mitigation Monitoring Program, Statement of Findings, and Statement of Overriding Considerations; termination of Lease No. PRC 6785.1, a General Lease – Industrial Use; and an application for a General Lease – Industrial Use, of sovereign land located in the Pacific Ocean, San Onofre, San Diego County; for the use, maintenance, and decommissioning of existing offshore improvements associated with the San Onofre Nuclear Generating Station (SONGS) Units 2 and 3, consisting of two offshore intake conduits and two offshore discharge conduits, five navigational and environmental monitoring buoys, one fish return conduit, four large organism exclusion devices, and riprap. (PRC 6785.1; RA# 26215) (A 76; S 36) (Staff: C. Hudson, C. Herzog, L. Calvo)

Staff Report and Exhibit A-1 revised 03/18/19

Staff Report and Exhibit E-1 revised 03/20/19

III.

PUBLIC COMMENT

IV.

COMMISSIONERS’ COMMENTS

V.

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:

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

California State Lands Commission v. City and County of San Francisco

In re: Rincon Island Limited Partnership Chapter 7

In re: Venoco, LLC, Bankruptcy Chapter 11

Madden v. City of Redwood City

Martins Beach 1, LLC and Martins Beach 2, LLC v. Effie Turnbul-Sanders, et al.

Oakland Bulk and Oversized Terminal, LLC v. City of Oakland

San Francisco Baykeeper v. California State Lands Commission

San Joaquin River Exchange Contractors Water Authority v. State of California; State Lands Commission

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

Sierra Club, et al. v. City of Los Angeles, et al.

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

SOS Donner Lake v. State of California, et al

State of California v. International Boundary and Water Commission, et al.

State Lands Commission v. Plains Pipeline, L.P., et al.

United States v. Walker River Irrigation District, et al.

2.    The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(b), under which;

a.    A point has been reached where, in the opinion of the Commission, on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the Commission, or

b.    Based on existing facts and circumstances, the Commission is meeting only to decide whether a closed session is authorized because of a significant exposure to litigation against the Commission.

3.    The Commission may consider matters that fall under Government Code section 11126, subdivision (e)(2)(C), where, based on existing facts and circumstances, the state body has decided to initiate or is deciding whether to initiate litigation.

B.           CONFERENCE WITH REAL PROPERTY NEGOTIATORS.

The Commission may consider matters that fall under Government Code section 11126, subdivision (c)(7), under which, prior to the purchase sale, exchange, or lease of real property by or for the Commission, the directions may be given to its negotiators regarding price and terms of payment for the purchase, sale, exchange, or lease. At the time of publication of this Agenda, it is not anticipated that the Commission will discuss any such matters; however, at the time of the scheduled meeting, a discussion of any such matter may be necessary or appropriate.