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Mariner's Point Fuel Dock - 2016-05-16
Dept. ID CA 16-001 Page 1 of 2 Meeting Date: 5/16/2016 Approved 7-0 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/16/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E. Gates, City Attorney PREPARED BY: Michael E. Gates, City Attorney SUBJECT: Delegate authority to the City Manager to execute a Recognition and Acknowledgement of Waiver of Assignment of the State Lands Commission in regards to Lease Agreement PRC 3265.1 for Mariner's Point Fuel Dock Statement of Issue: The City entered into an Agreement for Purchase and Sale of Property and Escrow Instructions ("Agreement") dated December 21, 2015, by and between the City of Huntington Beach and Mariner's Point. It was contemplated that at Close of Escrow, the State Lands Commission Lease PRC 3265.1 ("State Lands Agreement") would be assigned to the City with the State Land Commission's consent. Pursuant to the Agreement, the City was required to obtain the necessary consent from the State Land Commission and deliver the necessary consent to escrow prior to the Closing Date. However, State Lands Commission preferred to terminate the lease and enter into a new lease agreement with the new dock owners rather than following the assignment process. Financial Impact: N/A Recommended Action: Delegate authority to the City Manager to execute the "City of Huntington Beach's Recognition and Acknowledgement of Waiver of Assignment of the State Lands Commission Lease PRC 3265.1," and any documents in furtherance of the Mariner's Point Fuel Dock transaction. Alternative Action(s): Do not delegate authority to City manager to execute a Recognition and Acknowledgement of Waiver of Assignment of the State Lands Commission Lease, and any documents in furtherance of the Mariner's Point Fuel Dock transaction. Analysis: Because of the State Lands decision to enter into a new Lease Agreement, Mariner's Point is requiring the City to generally recognize an assignment was not obtained from the State Lands Commission prior to Close of Escrow as set forth in the purchase and sale agreements, and that the City has waived the provision of the Agreement that require assignment of the State Lands Agreement. Environmental Status: N/A Dept. ID CA 16-001 Page 2 of 2 Meeting Date: 5/16/2016 Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Waiver of Assignment of State Land Lease 2. Letter from Attorney Mike Leifer with Palmieri Tyler 3. Application Complete Email 4. Assignment of Lease Email 5. Purchase and Sale Agmnt/Escrow Instructions 6. Lease Application Email 7. State Agenda Item C-71 8. State Land Commission 2/9/16 Agenda 9. Recorded Assignment of Easement CITY OF HUNTINGTON BEACH'S RECOGNITION AND ACKNOWLEDGEMENT OF WAIVER OF ASSIGNMENT OF THE STATE LANDS COMMISSION LEASE PRC 3265.1 With reference to that Agreement for Purchase and Sale of Property and Escrow Instructions ("Agreement")dated December 21,2015 by and between the City of Huntington Beach,a municipal corporation("City")and Mariner's Point,a California General Partnership("Mariner's Point"), it was contemplated that at Close of Escrow,the State Lands Commission Lease PRC 3265.1 ("State Lands Agreement")would be assigned to the City with the State Land Commission's consent. Pursuant to the Agreement,the City was required to obtain the necessary consent from the State Land Commission and deliver the necessary consent to escrow prior to the Closing Date.However, State Lands Commission preferred to terminate the lease and enter into a new lease agreement rather than following the assignment process. Prior to Close of Escrow,Mariner's Point executed and delivered to escrow an Assignment of Lease, assigning the State Lands Agreement to the City. The City hereby recognizes consent to assignment was not obtained from the State Land Commission to escrow prior to Close of Escrow. The City further recognizes and acknowledges that it has waived the provision(s)of the Agreement that require assignment of the State Lands Agreement. The City further acknowledges and agrees that all obligations of Mariner's Point under the Agreement to this point have been satisfied by Mariner's Point or waived by the City and the Agreement remains in full force and effect. The undersigned represents and warrants that its signature hereinbelow has the power,authority and right to execute this document on behalf of the City of Huntington Beach. IN WITNESS WHEREOF,the undersigned have executed this Recognition and Acknowledgment of Waiver of Assignment of the State Lands Commission Lease PRC 3265.1 as of the Af"day of M&f 20&. THE CITY F INGTON BEACH, a Califo Corporation By: City M g APPRO ORIyI: 1ty ttomey Nv 1719506.1 PALMIERI TYLER ANGELO J. PALMIERI (1926-1996) A T T O R N E V 5 A T L A W ROBERT F. WALDRON (1921-1998) MICHAEL J_GREENE' RYAN M EASTER P.O.Box 19712 DENNIS W.GHAN' ELISE M.KERN Irvine,CA 92623-9712 DAVID O.PARR' MELISA R PEREZ CHARLES H,KANTER' MICHAEL I KEHOE April L V' 201 L PATRICK A.HENNESSEY CHADWICK C.BUNCH Ap G 116 DON FISHER ANISH J.BANKER Michael H. Leifer GREGORY N.WEILER RYAN M.PRAGER Direct Dial (949)851-7294 WARREN A.WILLIAMS ERIN BALSARA NADERI Direct Fax (949)825-5412 JOHN R.LISTER ERICA M.SOROSKY MICHAEL H.LEIFER JERAD BELTZ mleifer@ptwww.com RICHARD A. BALLS JOSHUAJ.MARx NORMAN J.RODICH ERIN K.OYAMA RONALD M. COLE KATHERINE M.SHAW Refer To File No.36650-004 MICHAEL L.D'ANGELO BRIAN GLICKLIN Document I.D.1775055.1 STEPHEN A.SCHECK OMAR HASHIM DONNA L.SNOW ALAN H.WIENER',OF COUNSEL ROBERT C.IHRKE,OF COUNSEL MICHAEL C.CHO.OF COUNSEL JAMES E WILHELM,RETIRED DENNIS G,TYLER-,RETIRED n PROFESSIONAL CORPORATION VIA E-MAIL & U.S. MAIL Mike Vigliotta Chief Assistant City Attorney City of Huntington Beach City Attorney Office 2000 Main Street Huntington Beach, CA 92648 Re: City of Huntington Beach Compliance with Terms of Agreement for Purchase and Sale of Property and Escrow Instructions dated December 21, 2015 ("Purchase Agreement") by and between the City of Huntington Beach (the "City") and Mariner's Point ("Mariner's") Dear Mike: As we have discussed many times since January and as I have set forth in numerous correspondence over such time, the City waived aspects of the Purchase Agreement. The City's formal authorization does not appear to encompass the waived aspects. The Purchase Agreement provides that State Lands Commission Lease PRC 3265.1 (the "Lease") be assigned to the City by Mariner's with the State Land Commission's consent and requires that the City shall obtain such consent at no cost to Mariner's. The City failed to obtain such consent and the Lease was therefore not assigned. In late January, you informed that the City elected to not obtain the consent to assignment of the Lease and that the City has waived any requirement set forth in the Purchase Agreement for an assignment of the Lease. The Purchase Agreement requires that any modifications thereto be in writing signed by the parties. 1900 Main Street,Suite 700,Irvine,CA 92614-7328 1 T 949.851.9400 1 F 949.851.1554 1 ptwww.com PALMIERITYLER -11,11,111,111,------------------------------ Mike Vigliotta April 6, 2016 Page 2 This, we have repeatedly asked the City to simply adopt a formal authorization document ratifying its waivers. We even provided— City of Huntington Beach's Recognition and Acknowledgment of Waiver of Assignment of the State Lands Commission Lease PRC 3265.1 (the "Waiver"). The Waiver was signed and dated February 9, 201Ca. However, the signature block for the C ity was changed! The signature block for the City in the original draft of the Waiver included the Mayor and City Clerk (reflecting approval of the City Council on behalf of the as well as the City Manager and.City Attorney (regarding initiation, review and approval of the Waiver and approval as to forrn). The signed Waiver you returned was only signed by the City Manager and City Attorney. We have repeatedly asked for proof of approval by the City Council of the Waiver. You asserted that the City Council granted authority to the City Manager to sign all required documents to effectuate the purchase of the fuel docks pursuant to the Purchase Agreement at a meeting on December 21, 2015. We looked at your assertion. Unfortunately, the City has a reputation of reversing position when it deems convenient or expeditious. The actual authorization allows the City Manager to implement the purchase of the leasehold and receive assignment of the Lease. We do not read anywhere in the authorization that it included authorization to waive the assignment of the Lease, It says to get the assignment of the Lease, As such, the City Council must authorize the waiver of the lease assigm-rent. You also let me know that the matter would be on the agenda for the City Council meeting on March '17, 2016 to obtain.authorization by the City to waive the requirement set f6i th in the Purchase Agreement for an assignment of the Lease and to authorize the City Manager to sign the Waiver on behalf of the City. The matter was not on the agenda for the March 7 meeting. It has not yet been heard by the City Council. Please be advised that the City has failed to comply with its obligations under the Purchase Agreement to either obtain consent to assignment of the Lease and receive assignment of the Lease or to properly waive such requirement. Please be advised that if the City does not properly waive such requirement on or befbre June 6, 2016, by obtaining authorization of the City Council to waive the requirement set forth in the Purchase Agreement for an assignment of the Lease and have an authorized signatory sign the Waiver on behalf of the City in such regard, Mariner's intends to bring a legal action against the City to compel the C ity's compliance with the Purchase Agreement or to obtain declaratory relief regarding such noncompliance. 1775055.1 PALMIERI TYLER Mike Vigliotta April 6, 2016 Page 3 The City is forcing unnecessary litigation. Please confirm the City's intended compliance in this regard and advise of the date the matter is to be heard by the City Council. Thanks. Very yours, Mic .el H e' r MHL:rme cc: Mariner's Point 1774841.1 From: Simpkin, Drew@SLC [Drew.Simpkin@slc.ca.gov] Sent: Monday, January 11, 2016 7:44 AM To: Mark Mason (Mark.Mason@pilotthomas.com) Cc: Villegas, Duran Subject: Application Complete .Attachments: PRC 3265.1 Application Compete.pdf Good morning Mark, Please see the attached letter. The proposed assignment has been added to the February 9, 2016 Commission agenda. Thank you, Drew Simpkin Public Land Management Specialist Land Management Division California State Lands Commission Phone: (916) 574-2275 Fax: (916) 574-1835 I i i 1 STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor CALIFORNIA STATE LANDS COMMISSION JENNIFER LUCCHESI, Executive Officer 100 Howe Avenue Suite 100-South _%°} (916)574-1800 FAX(916)574-1810 _. Sacramento CA 95825-8202 '_ California Re/ay Service From TDD Phone 1-800-735-2929 e<s�" from Voice Phone 1-800-735-2922 l f, Contact Phone:(916) 574-1900 Contact FAX:(916) 574-1574 January 11, 2016 File Ref: PRC 3265.1 Maxum Petroleum Attn: Mark Mason 340 Golden Shore, Ste. 120 Long Beach, CA 90802 Subject: Application for an Assignment of Lease No. PRC 3265.1, for a Fuel Dock, Located in Sunset Bay, Huntington Beach, Orange County Dear Mr. Mason: Based on our review,of the material you submitted on your application, it has been determined that your application is complete as of January 11, 2016. For the purpose of processing your application, you may be requested to clarify, amplify, correct, or otherwise supplement the information submitted on your application. This j determination initiates the time limits established by Section 65950/65952 of the . California Government Code. I For your further information, Government Code Section 65941.5 requires the I California State Lands Commission to notify its applicants of the public notice distribution requirements relative to any proposed Commission action on applications for development projects. The Commission compiled an extensive list of persons who requested notice of all Commission actions and are notified of all Commission meetings. Additional parties must be provided notice of pending Commission action on a project- specific basis'. Upon your request, we will provide you with a list of persons entitled to i notice of proposed Commission action on your application. You will be advised as to the conduct and needs of this process as it progresses. Please contact me at (916) 574-2275 or in writing at the above address, if you have any questions concerning your application. Sincerely, Drew Simpkin Public Land Management Specialist From: Simpkin, Drew@SLC [Drew.Simpkin@sic.ca.gov] Sent: Wednesday, January 06, 2016 9:00 AM To: Mark Mason (Mark.Mason@pilotthomas.com); Villegas, Duran Cc: Colson, Kathryn@SLC; Meier, Mark@SLC Subject: Assignment of Lease ,attachments: CSLC 1.6.16.pdf Mark and Duran, Please see the attached letter regarding the Application for Assignment of the Mariner's Point Lease. Please contact me with any questions, Thank you, Drew Simpkin Public Land Management Specialist Land Management Division California State Lands Commission Phone: (916) 574-2275 Fax: (916) 574-1835 1 STATE OF CALIFORNIA EDMUND G. BROWN JR., Govemor CALIFORNIA STATE LANDS COMMISSION JENNIFER LUCCHESI, Executive Officer 100 Howe Avenue, Suite 100-South s; (916)574-1800 FAX(916)574-1810 . z5sis: Sacramento, CA 95825-8202 California Relay Service From TDD Phone 1-800-735-2929 F from Voice Phone 1-800-735-2922 Contact Phone:(916)574-1900 ' Contact FAX.(916).574-1835 January 6, 2016 File Ref: PRC 3265.1 Duran Villegas Real Estate Services Manager Office of Business Development P.O. Box 190 Huntington Beach, CA 92648 Mark Mason Maxum Petroleum 19501 S. Santa Fe Rancho Dominguez, CA 90221 Subject: Application for Assignment of Lease, Mariner's Point Fuel Dock, Huntington Harbour, Orange County Dear Mr. Villegas and Mr. Mason: California State Lands Commission (Commission) staff received an application for an Assignment of Lease from Maxum Petroleum on December 21, 2015. The application is currently being reviewed for completeness. Commission staff understands the City of Huntington Beach (City) and Maxum are currently gathering the necessary signatures in order to close escrow on the sale of the Mariner's Point Fuel Dock facility. The next scheduled opportunity for the Commission to consider authorizing an Assignment of Lease to Maxum is February 9, 2016. It is Commission staff s Intention to include the proposed Assignment on the February 9 Commission agenda once the Lease Application has been deemed complete. Commission staff anticipates notifying Maxum regarding the completeness of the Application within the next week. Should you have any questions, please contact me at(916) 574-2275 or drew,simpkina-sic,ca.gov. Sincerely, Drew Simpkin Public Land Management-Specialist cc: Mark Meier, CSLC Legal Kathryn Colson, CSLC Legal AGREEMENT FOR PURCHASE AND SALE OF PROPERTY AND ESCROW INSTRUCTIONS Date: , 2015 Escrow No. To: Attn: THIS AGREEMENT FOR PURCHASE AND SALE OF PROPERTY AND ESCROW INSTRUCTIONS (this "Agreement") is made this .7- day of J �Zo/,� , 2015, by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation (`Buyer"), and MARINER'S POINT, a California General Partnership ("Seller"). A. Seller is the owner of certain leasehold interests, improvements and other personal and/or real property interests related to property, including but not limited to, fuel tanks, fuel lines, a fuel dock real or personal property, waterway rights and appurtenances located in the Sunset Bay, Orange County, California(any and all interests related to the ownership and operation of Mariners Point Fuel Dock collectively referred to hereinafter as"Property"), more particularly described in Exhibit"A" (Attached hereto and incorporated herein by reference.) B. Buyer is acquiring the Property for a public use. C. At the close of escrow,the State Lands Commission Lease PRC 3265.1 ("State Lands Agreement") will be assigned to Buyer with the State Land Commission's consent. Buyer shall obtain such consent at no cost to Seller. D. The Amended and Restated Declaration of Easements conveyed by Harbor Landing LLC to Sunshine Makers, Inc., Document#2011000690326 ("Easement")will be transferred to Buyer, with Sunshine Makers,Inc.'s consent. Buyer shall obtain such consent at no cost to Seller. NOW, THEREFORE, the parties to this Agreement agree to sell all Property, assign the State Lands Agreement and transfer the Amended and Restated Declaration of Easements, from Seller to Buyer, in accordance with the following terms and conditions: ARTICLE I 1.1 Conveyance of Seller's Property. It is the mutual intent of the parties that, pursuant to the terms of this Agreement, Seller conveys to Buyer, and Buyer acquires from Seller, all interest Seller may have had or currently holds and owns in the Property. 1 15-5012/129092 1.2 Opening of Escrow. Within two (2)business days after the execution of this Agreement by Seller and Buyer,the parties shall open an escrow("Escrow") with Commonwealth Land Title Company("Escrow Holder")by causing an executed copy of this Agreement to be deposited with Escrow Holder. Escrow shall be deemed open on the date that Buyer delivers a fully executed Agreement to Escrow Holder. 1.3 Monetary Payment for Conveyance. (a) Amount. The purchase price for the conveyance and transfer of Seller's interest in the Property to Buyer shall be Twenty-Five Thousand Dollars ($25,000.00) ("Purchase Price"). (b) Method_ of_Poment. The Purchase Price shall be deposited by Buyer into Escrow within three (3)business days following the funding request by Escrow Holder. Buyer shall deposit the Purchase.Price with Escrow Holder in"good funds"payable to Seller at the time of closing. "Good funds" shall mean a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California, check from the City of Huntington Beach, or cash. (c) Interests Conveyed. Together with Buyer's obligation pursuant to Paragraph 1.16 of this Agreement to indemnify and hold Seller harmless from any and all claims, it is understood and agreed by and between Buyer and Seller that the monetary payment for conveyance set forth above is paid as full and final consideration of all of the following: (i) Seller's entire interest in and to the Property; and (ii) All improvements, structures, and any attached appurtenances to the Property, including but limited to any petroleum and fuel storage and conveyance facilities located on the property. (d) Other Interests Included. Together with Buyer's obligation pursuant to Paragraph 1.16 of this Agreement to indemnify and hold Seller harmless from any and all claims, payment of the Purchase Price by Buyer to Seller represents total just compensation for Buyer's acquisition of Seller's interest in the Property. 1.4 Additional Funds and Documents Required from Buyer and Seller. (a) Buyer. Before 12:00 noon on the date preceding the Closing Date, Buyer shall deposit with Escrow Holder all additional funds and/or documents (executed and acknowledged, if appropriate) which are necessary to close escrow and otherwise comply with the terms of this Agreement including,but not limited to, the State Land Commission's consent and Sunshine Makers, Inc.'s consent (b) Seller. Within five (5) business days following the date that Escrow is opened hereunder, Seller will deposit with Escrow Holder an executed Bill of Sale conveying Seller's interest in the Property, together with such other instruments as may be necessary in order 2 15-5012/129092 for the Escrow Holder to comply with this Agreement including Seller's assignment of the State Lands Agreement and Easement. Escrow Holder shall submit the form of Bill of Sale and other instruments to Buyer for its reasonable review and acceptance. 1.5 Closing Date: Time of Essence. (a) Closing Date. Unless otherwise terminated by Buyer as provided below, Escrow shall close within ten(10) days from the date Escrow is opened. The terms"the Close of Escrow", and/or the"CIosing" as used herein shall mean the time Seller's executed Bill of Sale is delivered and any other instruments,as may be necessary in order for the Escrow Holder to comply with this Agreement, are recorded by the Escrow Holder in the Office of the County Recorder of Orange County, California all closing costs and other costs are paid in fall, and all disbursements of any remaining funds in Escrow, or other disbursements as may be required to close Escrow, are made by Escrow Holder to the appropriate parties. The time for Closing may be extended, but only by way of a writing signed by all parties. (b) Time of Essence. Buyer and Seller specifically understand and agree that time is of the essence and Buyer and Sellers specifically agree to strictly comply and perform their obligations herein in the time and manner specified. 1.6 Conditions Precedent to Close Of Escrow. (a) Condition to Buyer's Obligations. The obligations of Buyer under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part, by Buyer of each of the following conditions precedent: (i) Deposit by Seller of all instruments provided for in this Agreement, necessary to the Closing. (ii) Title report,to be paid for by Buyer, evidencing that the Seller owns the Property free and clear, subject to the State Lands Agreement and Easement, and that no monetary encumbrances exist on any real or personal property subject to this transaction including any liens (including past taxes owed) or hypothecations/collateral exist. If the Property has any encumbrance(other than the State Lands Agreement and Easement), said encumbrance shall be removed by Seller prior to Close of Escrow. (b) Conditions to Seller's Obligations. The obligations of the Seller under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part, by the Seller of each of the following conditions precedent: (i) Delivery by Buyer of all instruments and funds provided for in this Agreement necessary to the Closing. 1.7 Escrow Provisions. (a) Escrow Instructions. This Agreement, when signed by Buyer and Seller, shall also constitute escrow instructions to Escrow Holder. If required by Escrow Holder, Buyer 3 1 5-5012 1 129092 and Seller agree to execute Escrow Holder's standard escrow instructions,provided that the same are consistent with and do not conflict with the provisions of this Agreement. In the event of any such conflict,the provisions of this Agreement shall prevail. (b) General Escrow Provisions. Upon Close of Escrow,Escrow Holder shall deliver the Bill of Sale and any additional instruments necessary to effectuate the property transfer to Buyer and instruct the County Recorder of Orange County, California to mail the recorded instrument(s), to Buyer at the address set forth in Section 3.2 after recordation. All funds received in this Escrow shall be deposited in one or more general escrow accounts of the Escrow Holder with any bank doing business in Orange County, California, and may be disbursed to any other general escrow account or accounts. All disbursements shall be made by Escrow Holder's wire transfer. I 1.8 Amendments and CounteKparts. This Agreement and any modifications, amendments, or supplements thereto may be executed in counterparts and shall be valid and binding as if all of the parties' signatures were on one document. 1.9 Payment of Costs. Except as otherwise provided herein, Buyer and Seller shall each pay one-half of Escrow fees, the charges for recording any necessary instruments, and any other reasonable and customary Escrow costs necessary for the passing of title from Seller to Buyer. Clearing of encumbrances(other than the State Lands Agreement and the Easement),judgments, or liens, including any fees or charges incurred, shall be the sole responsibility of Seller. Any fees or charges incurred for issuance of any title report or title policy shall be the sole responsibility of Buyer. 1.10 Termination and Cancellation of Escrow. If Escrow fails to close as provided above, any party who then shall have fully complied with their instructions and met their conditions to Close of Escrow may, in writing, demand of Escrow Holder the return of their money, documents, instruments, or property deposited into escrow. If no party has so complied, no demand for return of any money, documents, instruments, or property will be recognized by Escrow Holder until five (5) business days after Escrow Holder has mailed written notice of such demand to all other parties at their respective addresses shown in these instructions, and if any party raises any objection to such return, Escrow Holder is authorized to hold all such money, documents, instruments, or property until instructed by a court of competent jurisdiction or joint instruction of the parties. 1.11 Brokerage Commissions. Seller represents to Buyer that no third party is owed any payment or conunission as a result of the transfer of the property interests provided hereunder, and Seller indemnifies and holds the Buyer harmless from and against all liabilities, costs, damages and expenses, including, without limitation, attorneys' fees,resulting from any claims of fees or commissions. 1.12 Hazardous Substances Disclosure. Prior to Close of Escrow, Seller agrees to provide Buyer with a Hazardous Substance Disclosure pursuant to Section 25359.7(a) of the California Health &Safety Code (as may be amended); whereby Seller will disclose the presence of any hazardous substances that have come to be Iocated on or beneath the Property before Close of Escrow("Disclosure Statement"). It is understood and agreed between Buyer and Seller that any 4 15-50I2/129092 such Disclosure Statement will be based on Seller's actual knowledge without independent investigation. It is farther understood and agreed between Buyer and Seller that Buyer has conducted environmental testing of the Property and that Buyer is proceeding with this transaction with the information obtained from such environmental testing. It is understood and agreed between Buyer and Seller that closing of this Escrow is subject to and contingent upon receipt and approval of said Disclosure Statement by Buyer, and that Buyer may cancel this Escrow if information is disclosed that is objectively material given the nature of the use,the size, location and age of the Property. Buyer's review and approval of the Disclosure Statement shall not be unreasonably withheld or delayed by Buyer. 1.13 Contamination Defined. The term"Contamination" as used in this Agreement shall mean and refer to any environmental contamination of any type or nature including but not limited to the following substances,whether in the soil, air, surface water, perched water or groundwater, or in any other medium: any"hazardous substance", as defined under Title 42 U.S.C. Section 9601(14) or under California Health &Safety Code Section 25281(g); any"hazardous waste", as defined under Title 42 U.S.C. Section 6903(5) and under California Health &Safety Cade Section 25117; any"hazardous substance", as defined under California Health &Safety Code Section 25281 and 25316; any"hazardous material", as defined under California Health &Safety Code Section 25260(e); any chemical listed pursuant to California Health &Safety Code Section 25249.8; any petroleum hydrocarbon material or petroleum byproduct, refined and unrefined, including but limited to any crude oil or any fraction thereof, and any additive to any refined petroleum product, as well as any asbestos or asbestos containing material. 1.14 Purchase of Property in "As-Is" Condition. Buyer acknowledges and agrees that, except as expressly provided otherwise in this Agreement, Seller has not made, and does not make any representations or warranties of any kind, whether express or implied, concerning or with respect to (i) the quality, state of repair or lack of repair of the Property; (ii) the nature or condition of the Property, including,without limitation, the water, soil and geology; (iii) the manner or quality of the construction or materials, if any, incorporated into the Property; (iv) compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including, but not limited to, the presence or absence of hazardous substances at, on,under, or adjacent to the Property; (v) the content, completeness or accuracy of any documents furnished or provided to Buyer regarding the Property, (vi)with respect to any other matter. Buyer further acknowledges and agrees that having been given the opportunity to inspect the Property and information and documentation affecting the Property, including disclosures as set forth herein, Buyer is relying solely on its own investigation of the Property and review of such information and documentation, and except as to disclosures, not on any information provided or to be provided by Seller. Buyer further acknowledges and agrees that to the maximum extent permitted by law,the sale of the Property as provided for herein is made on an "as-is" condition and basis with all faults, and that Seller has no obligation to make repairs, replacements or improvements. Buyer represents, warrants and covenants to Seller that, except for any express representations and warranties of Seller set forth in the Agreement Buyer is relying solely upon Buyer's own investigation of the Property. 1.15 Disclosure of Test Results on Contamination to Buyer. To the extent seller has such information or has conducted testing within the past two (2)years, Seller shall disclose any and all 5 15-50121129092 laboratory results, test results and any and all other information concerning the assessment, investigation, monitoring, removal and/or remediation of Contamination on or from the Property to Buyer, in writing prior to Close of Escrow. The disclosure of this information is in accordance with and a part of the disclosure obligations of said Seller under the above Section 1.12, the Hazardous Substances Disclosure obligation. 1.16 Release and Indemnity. Buyer hereby agrees to release and indemnify,defend and hold harmless Seller and its owners,partners, members,managers, directors, officers, employees, agents, and volunteers, from and against any and all obligations, liabilities, claims, liens, encumbrances, losses, damages, costs and expenses, including without limitation, attorneys' fees, whether direct, contingent, or consequential, incurred by Buyer relating to this Agreement and arising or accruing from acts, occurrences, or matters that take place in furtherance of this Agreement, regardless of the nature of any such claim, act, occurrence or matter including but not limited to any claims of alleged Contamination or claims arising from or relating to alleged violations of CEQA or CERCLA. Buyer agrees to indemnify, defend with counsel selected by Seller,protect and hold harmless Seller, its owners,partners, members, managers, directors, officers, employees, agents, and volunteers, from and against all claims, actual damages (including, but not limited to, special and consequential damages), punitive damages, injuries, costs, response costs, losses, demands, liabilities,causes of action, suits, legal or administrative proceedings, interest, fines, charges,penalties, and expenses of any kind whatsoever paid, incurred or suffered by, or asserted against,the Property, or any indemnified party directly or indirectly arising from or attributable to: (i) any repair, cleanup or detoxification, or preparation and implementation of any investigation, removal, remedial, response, closure, or other plan concerning any Contamination or hazardous substance on,under,migrating from or to, or about the Property, including, without limitation, hazardous substances located on or about the Property due to actions of omissions of Seller subject to the limitations set forth in Civil Code Section 1668; or(ii) any breach by Seller of the terms of this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to CERCLA Section 107(e), of 42 United States Code Section 9607(E), and California Health and Safety Code Section 25364, to insure,protect, hold harmless and indemnify Seller from any liability pursuant to such sections. It is the express intent of the parties that this release and indemnity clause be construed to release, indemnify and hold Seller harmless to the fullest extent allowed by law subject the limitations set forth in Civil Code Section 1668. As such,the parties expressly agree that Buyer's indemnity of Seller includes first-party claims by Buyer and is not limited to claims by third parties. Further, the parties expressly understand that material to Seller's agreement to sell the Property to Buyer is Buyer's agreement to indemnify and hold Seiler harmless for the above- referenced events even if wholly or partially caused by Seller's own negligence. In the event that any portion of this indemnity clause is found to be unenforceable, the parties agree that such terms may be severed and/or interpreted in a manner that would render them enforceable so as to effectuate the intent of the parties that Seller be indemnified and held harmless to the fullest extent allowed by law. 6 15-5012/129092 ARTICLE 11 2.1 Repayment of Purchase Price Deposit to Buyer. In the event Escrow does not close, for whatever reason, and Buyer does not acquire Seller's interest in the Property as provided for in this Agreement, any and all amounts deposited into Escrow as the Purchase Price by Buyer and all other amounts deposited into Escrow by Buyer shall be returned by Escrow Holder, less costs incurred by Escrow Holder, to Buyer. 2.2 Possession. Possession of the Property shall be delivered to Buyer at Close of Escrow. ARTICLE III 3.1 Attorney's Fees. In any action between the parties hereto, seeking enforcement of any of the terms and provisions of this Agreement or the Escrow, or in connection with the Property, each party shall bear its own attorney's fees and costs. The prevailing party in such action shall not be entitled to recover from the other parry its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding. 3.2 Notices. Any notice which either party may desire to give to the other party or to the Escrow Holder must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested,postage prepaid, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate: To Seller: Mariner's Point(or Harbor Landing), a California General Partnership c/o Kodash, Inc. Attn: Alison Miller 1072 Bristol Street, Suite 100 Costa Mesa, CA 92626 AND Mariner's Point (or Harbor Landing), a California General Partnership c/o Nahas Enterprises Attn: Richard Smith 11060 E. Las Posas Road Santa Rosa Valley, CA 93012 7 15-5012/129092 i To Buyer: City of Huntington Beach C/O Fred Wilson, City Manager 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 To Escrow Holder: Commonwealth Land Title Company Attn: Griffin Wayne, Vice President National Commercial Services 4100 Newport Place Drive, Suite 120 Newport Beach, CA 92660 Any notice given by mail shall be deemed received forty-eight(48)hours after such notice is deposited in the U.S. mail, addressed as provided above,with postage fully prepaid. 3.3 Interpretation: Governing„Law. This Agreement shall be construed according to its fair meaning and as if prepared equally by all parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in-effect at the time of the execution of this Agreement. Any action brought in connection with this Agreement shall be brought in a court of competent jurisdiction located in Orange County, California. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 3.4 No Waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, agreements restrictions or conditions hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 3.5 Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made by written instrument or endorsement thereon and in each such instance executed on behalf of each party hereto. 3.6 Severability. If any term,provision, condition or covenant of this Agreement or application thereof to any party or circumstances shall,to any extent,be held invalid or unenforceable, the remainder of this instrument, or the application of such term,provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall be valid and enforceable to the fullest extent permitted by law. 3.7 Merger of Prior Agreements and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to 8 15-5012/129092 the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. 3.8 Covenants to Survive Escrow. The covenants and agreements contained herein shall survive the Close of Escrow and shall be binding upon and inure to the benefit of the parties hereto and their representatives,heirs, successors and assigns. 3.9 T.R.S. Forms. It is further understood and agreed by Seller that closing of this Escrow is subject to and contingent upon Seller executing any Internal Revenue Service Form deemed necessary, and depositing same with Escrow Holder no later than one(1) day prior to the Close of escrow. 3.10 Notice of Tax Withholding Requirements. It is further understood and agreed by Buyer and Seller that closing of this Escrow is subject to and contingent upon Seller executing a "Transferor's Affidavit of Non-Foreign Status" and California Form 590 (Withholding Exemption Certificate) and depositing a copy of same with Escrow Holder no later than one (1) day prior to the Close of Escrow. In the event Sellers cannot execute the above-referenced Transferor's Affidavit or California Form 590, Seller shall provide written instructions to Buyer. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 9 15-5012/129092 3.11 Counterparts. This Agreement and any modifications, amendments, or supplements thereto may be executed in counterparts and shall be valid and binding as if the signatures of all parties were on one document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Purchase and Sale of Real Property an Escrow Instructions as of the date first above written. "SELLER" MARINER'S POINT, a California general partnership Dated: ByVison operti s, Inc. ItserByfiller; Presi ent By: Nahas Enterprises Its: General Partner By: Richard W. Smith, CEO "BUYER" CITY OF HUNTINGTON BEACH, A California municipal corporation Dated: Mayor City Clerk INITIATED, REVIEWED AND APPROVED: City Manager [ADDITIONAL SIGNATURES ON FOLLOWING PAGE] 10 15-50121 124092 3.11 Counterparts. This Agreement and any modifications, amendments, or supplements thereto may be executed in counterparts and shall be valid and binding as if the signatures of all parties were on one document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement of Purchase and Sale of Real Property an Escrow Instructions as of the date first above written. I "SELLER" MARINER'S POINT, a California general partnership Dated: .�'1 d�_2 g�_ 101 S- By: Center City Properties, Inc. Its: General Partner By: Alison A. Miller, President By: Nahas Enterprises Its: General Partner Richard W. Smith, CEO "BUYER" CITY OF HUNTINGTON BEACH, A California municipal corporation Dated: Mayor City Clerk INITIATED, REVIEWED AND APPROVED: City Manager [ADDITIONAL SIGNATURES ON FOLLOWING PAGE] 10 15-50121 129092 3.11 Counterparts. This Agreement and any modifications, amendments, or supplements thereto may be executed in counterparts and shall be valid and binding as if the signatures of all parties were on one document. IN WITNESS WHEREOF,the parties hereto have executed this Agreement of Purchase and Sale of Real Property an Escrow Instructions as of the date first above written. "SELLER" MARINER'S POINT, a California general partnership Dated: By: Kodash, Inc. Its: General Partner By: Alison A. Miller, President By: Nahas Enterprises Its: General Partner By: COUNTERPARTRichard W. Smith, CEO "BUYER" CITY OF HUNT TON BEACH, A California m ci 1 corporation Dated: �"�-a� �✓� oft, Aa or 6�7�.o pp a+C.�-7ru fiOrCity erk INIT VIEWED AND APPROVED: C' Nff4ger [ADDITIONAL SIGNATURES ON FOLLOWING PAGE] 10 15-50121 129092 APPROVED AS TO FORM: r Cit tto ey ram,, yr. ichae ei COUNTERPART Attorne or odas ,Inc. 15-5012!129092 EXHIBIT"A" [See attached] k f i Item 21. - 14 xB -252- 1696440.1 EXHIBIT "A-l" [Legal Description from State Lands Agreement] ! 1 SECTION 3 WP 3265.1 LAND DESCRIPTION A parcel of submerged land in Sunset Say,City of Seal Beach,OnUQe County,State of California,located adjacent to and northeasterly of Tideland Location No,,141 patented to Alamitos Land Company April 4, 18D1 and being further described as follows: . BEGINNING al the most northerly corner of Tract No. 5664 recorded book 214 pages 37 through 42 of miscellaneous reaps filed in the office of the Orange County Recorder, thence N.52"45'OD°W.a distance of 1 DOM feet along the northwesterly prolongation of the norlheasl tract boundary,said northeast tact boundary and its prolongation being coincident with the northeasterly line of said Tideland Location No.141, thence leaving said tract boundary and northeasterly line,into Sunset Bay, N.37'15'00"E.75.00 feet, thence S.52'45'00"E.100.00 feet;thence S.37.15'W W.75.00 feet to the POINT OF BEGINNING. END OF DESCRIPTION This document was prepared by me or under my supervision. Patrick J.Savage P.L.S.6183 • Np.518S .er�ovll . xB -253- Item 21. - 15 1696440.1 i EXHIBIT "A-2" [Easement] Easement over that certain real property located in the City of Huntington Beach, County of Orange, State of California,hearing Assessor's Parcel No.: 178-581-01. 3 i Item 21. - 16 HB -254- From: Michael H. Leifer [mailto:mleifer@ptwww.com] Sent:Thursday,January 07, 2016 10:19 AM To: 'Simpkin, Drew@SLC';jmspickett@gmail.com / Cc: Michelle M. Pase; Vigliotta, Mike Subject: RE: Lease Application Drew: This morning we discussed the 2014 app to amend the lease to terminate. This confirms that is withdrawn. Our agreement with the City is to assign to the City. Thanks. Mike Cc clients Michael H. Leifer ( Partner Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP 1900 Main Street, Suite 700 1 Irvine, CA 92614 Direct Dial (949) 851-7294 1 Fax (949) 825-5412 mleifer@ptwww.com Biography I vCard [ ptwww.com ATTORNEYS AT SAW 1 i From: Simpkin, Drew@SLC [mailto:Drew.Sim pkinCclslc.ca.gov] Sent: Thursday, January 07, 2016 9:56 AM To: Michael H. Leifer; jmspickett gmail.com Subject: Lease Application Mr. Leifer and Mr. Pickett, In order to move forward with the Assignment of the lease to Maxum Petroleum, I will need permission to withdraw your clients initial lease application. Are there any objection to moving forward with application withdrawal? Thank you, Drew Simpkin Public Land Management Specialist Land Management Division California State Lands Commission Phone: (916) 574-2275 Fax: (916) 574-1835 This message and any attached documents contain information from the law firm of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP that may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. I i 2 CALENDAR ITEM C71 A 72 02/09/16 PRC 3265.1 S 34 D. Simpkin TERMINATION AND ISSUANCE OF A GENERAL LEASE — COMMERCIAL USE LESSEE: Mariner's Point, a California General Partnership APPLICANT- General Petroleum tuba Maxum Petroleum AREA, LAND TYPE, AND LOCATION- 0.115 acre, more or less, of sovereign land in Sunset Bay, near Huntington Beach, Orange County. AUTHORIZED USE: The continued use and maintenance of an existing commercial fuel dock facility. LEASE TERM: 10 years, beginning February 9, 2016. CONSIDERATION: $10,300 per year with an annual Consumer Price Index adjustment. SPECIFIC LEASE PROVISIONS: Insurance: Liability insurance in an amount no less than $2,000.,000 per occurrence. Bond: $25,000. STAFF ANALYSIS AND RECOMMENDATION. Statutory Authority: Public Resources Code sections 6005, 6216, and 6301 ; California Code of Regulations, Title 2, section 2000, subdivision (b). CALENDAR ITEM No.--C71 (CONT'D) Public Trust and State's Best Interests Analysis: The subject facility is consistent with the common law public trust doctrine because it is used to aid in water-dependent commerce and navigation. The facility sells fuel to the general boating community of Huntington Harbour and beyond. The fuel dock was built in the 1960s when Huntington Harbour was developed and is the only facility located within the Harbour. The nearest public fuel dock outside Huntington Harbour is located in Alamitos Bay, an approximate 8- to 9-mile round-trip. The commercial fuel dock provides a necessary and convenient service to regional boaters thereby facilitating public navigation, fishing, and water- related recreation. The proposed new lease will allow for the continued operation of the fuel dock facility. The proposed new lease is for a ten year term and will include provisions requiring insurance, indemnity, and restoration of lease premises at the end of the lease. Additionally, the proposed new lease includes the payment of annual rent to compensate the people of the State for the occupation of and generation of revenue on public land. For all the reasons above, Commission staff believes the issuance of this lease is consistent with the common law public trust doctrine and in the best interests of the state. OTHER PERTINENT INFORMATION: 1 . On June 28, 2010, the Commission authorized a General Lease — Commercial Use to Mariner's Point, a California General Partnership (Lessee), for the continued use and maintenance of an existing commercial fuel dock facility. 2. On February 12, 2014, the Lessee submitted an application to amend the lease to allow suspension of operations for a period longer than 90 days and to terminate the lease on or after October 31, 2015. Commission staff informed the Lessee that lease termination would require the removal of existing improvements and the restoration of the lease premises, and that an environmental review pursuant to the California Environmental Quality Act (CEQA) would be needed in order to fully remove the fuel dock. On October 1 , 2015, the Lessee ceased operation of the fuel dock. On January 7, 2016, the Lessee withdrew its Application. 3. On December 21 , 2015, the City of Huntington Beach (City) approved and authorized execution of an Agreement for Purchase of the fuel dock from the Lessee for $25,000. At the same meeting, the City approved and authorized execution of an Agreement for Sale of the fuel dock to General Petroleum dba Maxum Petroleum (.Maxum). -2- CALENDAR ITEM No.--C71 (CONT'D) 4. In order to allow Maxum to begin operation of the fuel dock, Commission staff is recommending that the existing lease be terminated and a new General Lease — Commercial Use be issued to Maxum. Maxum intends to replace worn fuel lines and make other improvements once a new lease has been authorized. 5. This activity is consistent with Strategy 1 .1 to deliver the highest levels of public health and safety in the protection, preservation, and responsible economic use of the lands and resources under the Commission's jurisdiction. 6. Termination of the lease is not a project as defined by CEQA because it is an administrative action that will not result in direct or indirect physical changes in the environment. Authority: Public Resources Code section 21065 and California Code of Regulations, Title 14, section 15378, subdivision (b)(5). 7. The staff recommends that the Commission find that the issuance of the lease is exempt from the requirements of CEQA as a categorically exempt project. The project is exempt under Class 1 , Existing Facilities; California Code of Regulations, Title 2, section 2905, subdivision (a)(2). Authority: Public Resources Code section 21084 and California Code of Regulations, Title 14, section 15300 and California Code of Regulations, Title 2, section 2905. 8. This activity involves lands identified as possessing significant environmental values pursuant to Public Resources Code section 6370 et seq., but such activity will not affect those significant lands. Based upon the staffs consultation with the persons nominating such lands and through the CEQA review process, it is the staff's opinion that the project, as proposed, is consistent with its use classification. EXHIBITS: A. Land Description B. Site and Location Map -3- CALENDAR ITEM No.--C71 (CONT'D) RECOMMENDED ACTIOW It is recommended that the Commission: CEQA FINDING. Find that the issuance of the lease is exempt from the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15061 as a categorically exempt project, Class 1 , Existing Facilities-, California Code of Regulations, Title 2, section 2905, subdivision (a)(2.). SIGNIFICANT LANDS INVENTORY FINDING: Find that this activity is consistent with the use classification designated by the Commission for the land pursuant to Public Resources Code section 6370 et seq. PUBLIC TRUST AND STATE'S BEST INTERESTS: Find that the proposed lease is consistent with the common law public trust doctrine and is in the best interests of the State. AUTHORIZATION: 1 . Authorize termination, effective February 8, 2016, of Lease No. PRC 3265.1 , a General Lease — Commercial Use, issued to Mariner's Point, a California General Partnership. 2. Authorize issuance of a General Lease — Commercial Use to General Petroleum dba Maxum Petroleum beginning February 9, 2016, for a term of 10 years, for the continued use and maintenance of a commercial fuel dock facility, as described in Exhibit A and shown on Exhibit B (for reference purposes only), attached and by this reference made a part hereof; annual rent of $10,300 with an annual Consumer Price Index adjustment; liability insurance in the amount of $2,000,000 per occurrence-, and surety in the amount of $25,000. -4- EXHIBIT A PRC 3265.1 LAND DESCRIPTION A parcel of submerged land in Sunset Bay, City of Sea[ Beach, Orange County, State of California, located adjacent to and northeasterly of Tideland Location No. 141 patented to Alamitos Land Company April 4, 1901 and being further described as follows: BEGINNING at the most northerly corner of Tract No. 5884 recorded book 214 pages 37 through 42 of miscellaneous maps filed in the office of the Orange County Recorder; thence N. 52" 45' 00" W. a distance of 100.00 feet along the northwesterly prolongation of the northeast tract boundary, said northeast tract boundary and its prolongation being coincident with the northeasterly line of said Tideland Location No,141; thence leaving said tract boundary and northeasterly line, into Sunset Bay, N. 370 15' 00" E. 75,00 feet; thence S. 52' 45' 00"E. 100.00 feet; thence S. 37" 15' 00" W. 75.00 feet to the POINT OF BEGINNING, END OF DESCRIPTION This document was prepared by me or under my supervision. ft 51aS Patrick J. Savage P.L.S. 5183 Exp am( NO SCALE SITE LEASE AREA a.urin wu- .(srrxn,4 Ap 'Pw � 70a2D�o o� asg a stD� o� b 15922 PACIFIC COAST HIGHWAY, HUNTINGTON BEACH NO SCALE LOCATION Exhibit B PRC 3265.1 MAXUM PETROLEUM APN 178-581-01 l. ' GENERAL LEASE - j SITE `r„y COMMERCIAL USE ORANGE COUNTY u, �. Hi1NTINGTCBhiHARB4R ''° MAP SOURCP: USES QUAD This Exhibit is solely for purposes of generally defining the lease prerniscs, is based on unverified information provided by the Lessee or other parties and is not intended to be, nor shall it be construed as, a waiver or limitation of any State interest in the subject or any other property. SITE tax Dina CA State Lands Commission Meeting Agenda Page 1 of 18 CALIFORNIA STATE LANDS COMMISSION BETTY T. YEE, STATE CONTROLLER, CHAIR GAVIN NEWSOM, LIEUTENANT GOVERNOR, MEMBER MICHAEL COHEN, DIRECTOR OF DEPARTMENT OF FINANCE, MEMBER Original Agenda Posted 3:15 PM on Friday, January 29, 2016 REGULAR MEETING AGENDA VOTING RECORD FEBRUARY 9, 2016 HOLIDAY INN CAPITOL PLAZA EL DORADO/DIABLO ROOM 300 J STREET SACRAMENTO, CALIFORNIA 95814 10.00 A.M. VOTING RECORD COMMISSIONERS PRESENT: • BETTY T. YEE, State Controller • RHYS WILLIAMS, Chief of Staff and Alternate for Lt. Governor Gavin Newsom • ERAINA ORTEGA, Chief Deputy Director and Alternate for Director of the Department of Finance Michael Cohen VOTE: THE MINUTES OF THE DECEMBER 18, 2015 MEETING WERE APPROVED BY A VOTE OF 3-0 (YEE- YES, WILLIAMS-YES, ORTEGA-YES). CONSENT CALENDAR: http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 2 of 18 • CONSENT ITEMS C23-C43, C45-051, AND C53-058 WERE MOVED TO THE REGULAR CALENDAR • CONSENT ITEMS C01-C22, C44, C52, AND C59-C80 WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES, WILLIAMS-YES, ORTEGA-YES) REGULAR CALENDAR: • ITEMS C23-C43, C45-051, AND C53-058 - WERE APPROVED AS PRESENTED BY A VOTE OF 3-0 (YEE-YES, WILLIAMS-YES, ORTEGA-YES) • ITEM 81 -STAFF PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL-NO VOTE REQUIRED • ITEM 82- PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL - NO VOTE REQUIRED • ITEM 83-STAFF PRESENTATION WAS MADE. ITEM WAS INFORMATIONAL-NO VOTE REQUIRED • ITEM 84-WAS APPROVED AS PRESENTED BY A 2-0 VOTE (YEE-YES, WILLIAMS-YES, ORTEGA-ABSTAINED) CALIFORNIA STATE LANDS COMMISSION MEETING PROCEDURES: SPEAKER SIGN-UP AND TIME LIMITS Anyone wishing to address the Commission must fill out a "Request to Speak" form. Forms are available at a reception table near the entrance to the meeting. When you are called to speak, please identify yourself and your affiliation for the record. Generally, each speaker will be allowed 3 minutes to speak, however, the Chair may set different time limits. ACCESS TO MEETINGS If you need reasonable accommodation to conduct business with the Commission for a disability, as defined by the Federal Americans with Disabilities Act and the California Fair Employment and Housing Act, please contact the Commission at (916) 574-1800 in advance to arrange for such accommodation. SIGN LANGUAGE INTERPRETER A sign language interpreter will be provided upon advance notification of need by a deaf or hearing impaired person. Please contact the Commission at (916) 574-1800 in advance to arrange for an interpreter. STAFF REPORTS AND EXHIBITS A written staff report is available for most items on this agenda. Please note that staff reports are posted as soon as available on the Commission's website at www.slc.ca.gov. The staff report and exhibits may be reviewed and downloaded. Past meetings, including staff reports and exhibits, transcripts, and webcasts, may also be viewed on the Commission's website. SUBMISSION OF WRITTEN MATERIALS Written materials should be submitted to the Commission no later than three business days before the meeting. Please Note: You are discouraged from submitting written materials to the Commission on the day of the meeting, unless they are visual aids as it is difficult for Commissioners to thoroughly consider late submittals. No facsimiles, texts or emails will be accepted at the meeting site. All non-procedural communications become part of the record. Written materials may be submitted to: CSLC.Commissionmeetings(o).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 http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 3 of 18 If you would like to receive electronic notification of Commission meetings, please visit our website at www.slc.ca.gov and go to the link under"Commission Meetings" to subscribe. ABBREVIATIONS AND ACRONYMS • A and S references are to Assembly and Senate districts • CEQA- California Environmental Quality Act OLL NOR ri Sl5](IVOf} MOC,OC. t L N UMPOE°I `11A51l� �A.ssFw " AGENDA ORGANIZATION NORTHERN R E G 10 N please note that the majority of items on the consent 1: :.:.;., agenda are presented by the Commission's Land PIUMAs Management Division and involve the state's sovereign MLNC'OtFNO owned public trust tide and submerged lands (waterways). 4L(NN 61l lk These Land Management consent items are organized by lIElEIiA. regions.Consent items involving lands held as"School Lands' C❑WSA Yuc'4NEVAaA benefiting the State Teachers'Retirement System are then LA*L Wr rEK RIAC'ER addressed, followed by items from the Commission's other Divisilons. PpNc)rin VOlO EE❑ORA0 NAPA to I[AIAENTO ALPINE v A k R MONO MARm 10L.N4" AXj.T fN U ,,, OR oTAEG TO SAN F"NWea S1,ANl1EA+ MARIPOSA AlhAii P.^. IAN MATEOSANIA mERCE❑ INYO LLARA MAPI.I,A SAWA CRVZ SAN, BENIlO. AGENDA I. CLOSED SESSION µpN7 kRFY IIRlSND (CONFIDENTIAL DISCUSSIONS KINcf AUTHORIZED BY GOVERNMENT CODE 911126) II. OPEN SESSION <.trls aFxN 'AN PkANA vlwS sAN IVIS III. CONFIRMATION OF MINUTES pP IV. EXECUTIVE OFFICER'S REPORT C E N T R A L/S O U T H E R N V. CONSENTAGENDA R E G 10 N LAND MANAGEMENT NORTHERN REGION yANsn Bn RPAM BAYID E LTA REGION JOt A NA L ES CENTRALISOUTHERN REGION VkNSUNA SCHOOLLANDS MINERAL RESOURCES MANAGEMENT MARINE FACILITIES is •k RSIOk NOL ADMINISTRATION "" LEGAL KAPILOFF LAND SANKTRUSTEEACQUISITIONS ANUlkco IMPkRIni EXTERNAL AFFAIRS GRANTED LANDS LEGISLATION AND RESOLUTIONS Vi. INFORMATIONAL(NON-VOTING) VII. REGULAR AGENDA(WITH STAFF PRESENTATIONS) VII I. PUBLIC COMMENT(ISSUES NOT ON THE AGENDA) IX. COMM ISSIONERS'COM MENTS http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 4 of 18 ORDER OF BUSINESS I. 10:00 A.M. — CLOSED SESSION: AT ANY TIME DURING THE MEETING THE COMMISSION MAY MEET IN A SESSION CLOSED TO THE PUBLIC TO CONSIDER THE FOLLOWING PURSUANT TO GOVERNMENT CODE SECTION 11126: A. LITIGATION. THE COMMISSION MAY CONSIDER PENDING AND POSSIBLE LITIGATION PURSUANT TO THE CONFIDENTIALITY OF ATTORNEY- CLIENT COMMUNICATIONS AND PRIVILEGES PROVIDED FOR IN GOVERNMENT CODE SECTION 11126(e). 1. THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126(e)(2)(A): California State Lands Commission v. City and County of San Francisco Defend Our Waterfront v. California State Lands Commission, et al. Seacliff Beach Colony Homeowners Association v. State of California, et al. SLPR, LLC, et al. v. San Diego Unified Port District, California State Lands Commission San Francisco Baykeeper v. California State Lands Commission Keith Goddard v. State of California Sportsman's Paradise v. California State Lands Commission Center for Biological Diversity v. California State Lands Commission City of Santa Monica, et al. v. Nugent City of Santa Monica, et al. v. Ornstein City of Santa Monica, et al. v. Bader City of Santa Monica, et al. v. Levy City of Santa Monica, et al. v. Philbin City of Santa Monica, et al. v. Greene City of Santa Monica, et al. v. Prager Sierra Club et al. v. City of Los Angeles, et al. United States v. Walker River Working Group United States v. 1.647 Acres Nowel Investment Company v. State of California; California State Lands Commission 2. THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126(e)(2)(B) or (2)(C). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126(c)(7) — TO PROVIDE DIRECTIONS http://archives.slc.ca.gov/Meeting_Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 5 of 18 TO ITS NEGOTIATORS REGARDING PRICE AND TERMS FOR LEASING OF REAL PROPERTY. 1 . Provide instructions to negotiators regarding entering into a new lease of state land for the Broad Beach Restoration Project, City of Malibu, Los Angeles County. Negotiating parties: Broad Beach Geologic Hazard Abatement District, State Lands Commission; Under negotiation: price and terms. 2. Provide instructions to negotiators regarding acquisition of a public access easement to and along Martins Beach in San Mateo County. Negotiating Parties: Martins Beach 1 , LLC., Martins Beach 2, LLC, State Lands Commission; Under negotiation: price and terms. C. OTHER MATTERS. THE COMMISSION MAY CONSIDER MATTERS THAT FALL UNDER GOVERNMENT CODE SECTION 11126(e)(2)(B) or (2)(C). THE COMMISSION MAY ALSO CONSIDER PERSONNEL ACTIONS TO APPOINT, EMPLOY, OR DISMISS A PUBLIC EMPLOYEE AS PROVIDED IN GOVERNMENT CODE SECTION 11126(a)(1). II. OPEN SESSION III. CONFIRMATION OF MINUTES FOR THE MEETING OF DECEMBER 18, 2016 IV. EXECUTIVE OFFICER'S REPORT Continuation of Rent Actions to be taken by the CSLC Executive Officer pursuant to the Commission's Delegation of Authority - no items for this meeting. V. CONSENT CALENDAR C01-C80 THE FOLLOWING ITEMS ARE CONSIDERED TO BE NON-CONTROVERSIAL AND ARE SUBJECT TO CHANGE AT ANY TIME UP TO THE DATE OF THE MEETING. LAND MANAGEMENT DIVISION NORTHERN REGION C NEIL R. BONKE AND KAREN L. BONKE (LESSEE); CHARLES E. SEUFFERLEIN 01 AND SYLVIA L. SEUFFERLEIN, TRUSTEE OF THE SEUFFERLEIN 1990 REVOCABLE TRUST DATED NOVEMBER 13, 1990 AMENDED AND RESTATED ON NOVEMBER 9, 2004 (APPLICANT): Consider termination of Lease No. PRC 3580.9, a Recreational Pier Lease, and an application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 3266 Edgewater Drive, near Tahoe City, Placer County; for an existing pier, boathouse, boat lift, and two mooring buoys. CEQA Consideration: categorical exemption. (PRC 3580.1 ; RA# 14015) (A 1 ; S 1) (Staff: M.J. Columbus) C PAULA B. BUNTING; AND GREGORY S. BUNTING AS TRUSTEE OF THE 02 GREGORY S. BUNTING 2016 REVOCABLE TRUST (APPLICANT); Consider application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4525 West Lake Boulevard, near Tahoe Pines, Placer County; for an existing pier and three mooring buoys. CEQA Consideration: categorical exemption. (PRC 5447.1 ; RA# 08715) (A 1 ; S 1) (Staff: M.J. Columbus) C http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 6 of 18 RICHARD GHILOTTI, TRUSTEE OF THE RICHARD AND NANCY GHILOTTI 03 FAMILY TRUST UNDER DECLARATION OF TRUST DATED JULY 11, 1997; MICHELLE GHILOTTI MANDEL, TRUSTEE OF THE JOSEPH AND STELLA MAY RESIDENCE TRUST DATED MAY 18, 1992; DALE L. MARCELLINI AND JILL A. MARCELLINI, CO-TRUSTEES, OR ANY SUCCESSOR TRUSTEE, OF THE DALE L. MARCELLINI AND JILL A. MARCELLINI REVOCABLE LIVING TRUST EXECUTED ON NOVEMBER 1, 2006 (APPLICANT): Consider application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to Assessor's Parcel Number 085-344-008, near Homewood, Placer County; for an existing pier and three mooring buoys. CEQA Consideration: categorical exemption. (PRC 5491 .1 ; RA# 32414) (A 1 ; S 1) (Staff: S. Kreutzburg) C PACIFIC GAS AND ELECTRIC COMPANY (LESSEE►: Consider correction to 04 effective date in prior authorization of the revision of rent to Lease No. PRC 8856.1 , a General Lease - Right-of-Way Use, of sovereign land located in the Sacramento River, adjacent to Sutter County Assessor's Parcel Number 35-330-020 and Yolo County Assessor's Parcel Number 057-050-03, north of the city of Woodland, Sutter and Yolo Counties; for a natural gas pipeline. CEQA Consideration: not a project. (PRC 8856.1) (A 4; S 3) (Staff: N. Lee) C LINDA NELSON DAVIS AND ROBERT WEBSTER, TRUSTEES OF THE LINDA 05 NELSON DAVIS REVOCABLE TRUST NO. 2 U/A 9/22/1988, AS AMENDED 11/1/04 (APPLICANT):, Consider application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 80 Lassen Drive, Tahoe City, Placer County; for one existing mooring buoy. CEQA Consideration: categorical exemption. (PRC 8622.1 ; RA# 33814) (A 1 ; S 1) (Staff: M. Schroeder) C LINDA NELSON DAVIS, ROBERT L. WEBSTER, AND PATRICIA LOUISE 06 NELSON ATASSI, AS CO-TRUSTEES OF THE JENNIFER JOANNA DAVIS REVOCABLE TRUST DATED JULY 20, 2001, AS AMENDED AND RESTATED ON JULY 3, 2012 (APPLICANT): Consider application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 76 Lassen Drive, Tahoe City, Placer County; for one existing mooring buoy. CEQA Consideration: categorical exemption. (W 26864; RA# 34514) (A 1 ; S 1) (Staff: M. Schroeder) C MARTIN A. COHEN, TRUSTEE OF THE MARTIN A. COHEN REVOCABLE 07 LIVING TRUST, DBA THE SHORE HOUSE AT LAKE TAHOE (LESSEE); KW- NORTHSTAR VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY (APPLICANT): Consider acceptance of a quitclaim deed for Lease No. PRC 8601 .1 , a General Lease - Commercial Use, and an application for a General Lease - Commercial Use, of sovereign land located in Lake Tahoe, adjacent to 7170 North Lake Boulevard, Tahoe Vista, Placer County; for an existing pier, boat lift, six mooring buoys, and one marker buoy. CEQA Consideration: categorical exemption. (PRC 8601 .1 ; RA# 38414) (A 1 ; S 1) (Staff: M. Schroeder) C RICHARD K. COOPER AND ALEXANDRA R. COOPER (APPLICANT): Consider 08 application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7720 North Lake Boulevard, near Kings Beach, Placer County; for two existing mooring buoys not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 20844; RA# 04412) (A 1 ; S 1) (Staff: M. Schroeder) C SCOTT T. HANSON AND VALERIE A. HANSON, TRUSTEES OF THE SCOTT T. 09 HANSON AND VALERIE A. HANSON REVOCABLE TRUST DATED APRIL 1, http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 7 of 18 1998 (LESSEE►: Consider an application for amendment to Lease No. PRC 8692.1 , a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 8355 Meeks Bay Avenue, near Rubicon Bay, El Dorado County; for a proposed extension of an existing pier. CEQA Consideration: categorical exemption. (PRC 8692.1 ; RA# 19415) (A 5; S 1) (Staff: M. Schroeder) C WESLEY CASWELL AND GEORGIA ANDERSON (LESSEE); NATASHA V. 10 SUMNER AND NICOLE DEL PRADO (APPLICANT): Consider termination of Lease No. PRC 8361 .1 , a General Lease - Recreational and Protective Structure Use, and an application for a General Lease - Recreational and Protective Structure Use, of sovereign land located in the Napa River, adjacent to 1300 Milton Road, city of Napa, Napa County; for two existing uncovered floating boat docks, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 8361 .1 ; RA# 29614) (A 4; S 3) (Staff: M. Schroeder) C 11 ADJIDAUMO, LLC (LESS EE/APPLICANT): Consider termination of Lease No. PRC 4267.1 , a General Lease - Recreational Use, and an application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 7087 West Lake Boulevard, near Tahoma, El Dorado County; for the removal and reconstruction of an existing pier, installation of a boat lift, and removal of one existing mooring buoy, and continued use and maintenance of an existing mooring buoy and swim float. CEQA Consideration: categorical exemptions. (PRC 4267.1 ; RA# 15115) (A 5; S 1) (Staff: B. Terry) C 12 CITY OF NAPA (LESSEE►: Consider application for an amendment of Lease No. PRC 3745.9, a General Lease - Public Agency Use, of sovereign land located within the historic bed of the Napa River, City of Napa; Napa County; to extend the dredging area within the Napa River Federal Channel to include the area lying between south of Third Street and north of the confluence of the Napa River and Asylum Slough. CEQA Consideration: categorical exemption. (PRC 3745.9; RA# 12815) (A 4; S 3) (Staff: B. Terry) C U.S. BUREAU OF RECLAMATION (LESSEE►: Consider application for an 13 amendment to Lease No. PRC 5482.9, a General Lease - Public Agency Use, of sovereign land located in the Sacramento River, near the city of Redding, Shasta County; to include two additional areas for the rehabilitation and restoration of King Salmon and Winter-Run Chinook Salmon spawning grounds. CEQA Consideration: Governor's Declaration of Emergency Proclamation No. 1-17-2014 and Proclamation of a Continued State of Emergency, dated 4-25-2015. (PRC 5482.9; RA# 13915) (A 3; S 4) (Staff: B. Terry) C VIKING 1 PROPERTY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 14 (APPLICANT): Consider application for a General Lease - Recreational Use, of sovereign land located in Lake Tahoe, adjacent to 4100 Ferguson Avenue, near Carnelian Bay, Placer County; for one existing mooring buoy previously authorized by the Commission; and one existing mooring buoy not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 5730.1 ; RA# 17815) (A 1 ; S 1) (Staff: B. Terry) BAY/DELTA REGION C ANDREW JACKSON CODY (ASSIGNOR); BRIAN D. OLSON (ASSIGNEE): 15 Consider application for the assignment of Lease No. PRC 5155.1 , a General Lease - Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 3101 Garden Highway, city of Sacramento, http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 8 of 18 Sacramento County; for an existing uncovered floating boat dock, appurtenant facilities, and bank protection. CEQA Consideration: not a project. (PRC 5155.1 ; RA# 12615) (A 7; S 6) (Staff: G. Asimakopoulos) C PHILICIA G. LUND AND MARY K. LUND (LESSEE): Consider application for an 16 amendment to Lease No. PRC 7473.9, a General Lease - Recreational Use, of sovereign land located in the Sacramento River, adjacent to 17781 Grand Island Road, near Walnut Grove, Sacramento County; to remove specific construction dates. CEQA Consideration: categorical exemption. (PRC 7473.9; RA# 21915) (A 11 ; S 3) (Staff: G. Asimakopoulos) C JAMES G. ROSS AND LAUREL J. ROSS, TRUSTEES OF THE ROSS FAMILY 17 TRUST (APPLICANT):, Consider application for a General Lease - Recreational Use, of sovereign land located in the Sacramento River, adjacent to 13219 River Road, near Walnut Grove, Sacramento County; for an existing uncovered floating boat dock and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6831 .1 ; RA# 08915) (A 9; S 3) (Staff: G. Asimakopoulos) C 18 MICHAEL KEVIN MCRAE (APPLICANT): Consider application for a General Lease - Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 4559 Garden Highway, city of Sacramento, Sacramento County; for an existing uncovered floating boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 6998.1 ; RA# 06715) (A 7; S 6) (Staff: G. Asimakopoulos) C OUTSOURCED LEGAL SUPPORT, LLC, A CALIFORNIA LIMITED LIABILITY 19 COMPANY (APPLICANT): Consider application for a General Lease - Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 2231 Garden Highway, city of Sacramento, Sacramento County; for an existing uncovered floating boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 5530.1 ; RA# 13615) (A 7; S 6) (Staff: G. Asimakopoulos) C PHILLIP HIROSHIMA AND JEAN HIROSHIMA, AS TRUSTEES OF THE PHILLIP 20 HIROSHIMA AND JEAN HIROSHIMA 2003 TRUST (ASSIGNOR); GERALD MILLS AND MEREDITH MILLS (ASSIGNEE): Consider application for the assignment of Lease No. PRC 8564.1 , a General Lease - Recreational Use, of sovereign land located in the Sacramento River, adjacent to 6508 Benham Way, near the city of Sacramento, Sacramento County; for an existing uncovered floating boat dock, gangway, and two cables attached to two "deadmen" on the upland. CEQA Consideration: not a project. (PRC 8564.1 ; RA# 11915) (A 9; S 6) (Staff: G. Asimakopoulos) C JOHN OROSZ AND DIANA OROSZ (LESSEE); TALBERT DENNEY AND 21 BARBARA DENNEY (APPLICANT): Consider termination of Lease No. PRC 6053.1 , a General Lease - Recreational and Protective Structure Use, and an application for a General Lease - Recreational and Protective Structure Use, of sovereign land located in the Sacramento River, adjacent to 2365 Garden Highway, city of Sacramento, Sacramento County; for an existing covered floating boat dock, appurtenant facilities, and bank protection. CEQA Consideration: categorical exemption. (PRC 6053.1 ; RA# 09315) (A 7; S 6) (Staff: G. Asimakopoulos) C WILLIAM S. CHAPMAN, AS TRUSTEE OF THE BYPASS TRUST C/U THE 22 RESTATED WILLIAM S. CHAPMAN AND DIANA R. CHAPMAN FAMILY TRUST DATED MARCH 21, 1996, AND AS TRUSTEE OF THE SURVIVOR'S TRUST C/U http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 9 of 18 THE RESTATED WILLIAM S. CHAPMAN AND DIANA R. CHAPMAN FAMILY TRUST DATED MARCH 21, 1996 (ASSIGNOR); JAMES HANLEY AND KATHRYN HANLEY (ASSIGNEE): Consider application for the assignment of Lease No. PRC 4669.1 , a General Lease - Recreational and Protective Structure Use, of sovereign land located in the Calaveras River, adjacent to 4357 Yacht Harbor Drive, near the city of Stockton, San Joaquin County; for an existing uncovered floating boat dock, appurtenant facilities, and bulkhead. CEQA Consideration: not a project. (PRC 4669.1 ; RA# 07715) (A 13; S 5) (Staff: G. Asimakopoulos) C ADD T. KENNON, JR. AND BETTY A. KENNON, TRUSTEES OF THE ADD T. 23 KENNON, JR. AND BETTY A. KENNON FAMILY TRUST U/D DTD OCTOBER 24, 2011 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 6 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, pool, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 2619.1 ; RA# 42414) (A 14; S 3) (Staff: V. Caldwell) C ALAN BARKER AND LINDA BARKER (LESSEE/APPLICANT): Consider 24 termination of Lease No. PRC 6055.1 , a General Lease - Recreational and Residential Use, and an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 3 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, dock, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6055.1 ; RA# 31306) (A 14; S 3) (Staff: V. Caldwell) C 25 BART COOMBS (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 34 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 2838.1 ; RA# 42114) (A 14; S 3) (Staff: V. Caldwell) C 26 BRIAN PALKOWSKI (APPLICANT): Consider an application for a General Lease - Recreational Use, of sovereign land located in Mare Island Strait, adjacent to 25 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck, berth, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5948.1 ; RA# 22713) (A 14; S 3) (Staff: V. Caldwell) C BRUCE E. LEAVITT AND LESLEY A. GUTH (APPLICANT►: Consider an 27 application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 8 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck and appurtenant facilities previously authorized by the Commission; and a portion of an existing residence not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 5691 .1 ; RA# 15615) (A 14; S 3) (Staff: V. Caldwell) C BUCK KAMPHAUSEN (APPLICANT): Consider an application for a General Lease 28 - Recreational Use of sovereign land located in Mare Island Strait, adjacent to 8Y2 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6021 .1 ; RA# 24013) (A 14; S 3) (Staff: V. Caldwell) C DAN D. MARSH (LESSEE); DAN D. MARSH AND MARGARET A. MARSH, 29 TRUSTEES OF THE DAN D. MARSH AND MARGARET A. MARSH 2O06 FAMILY TRUST DATED June 20, 2006 (APPLICANT►: Consider termination of Lease No. http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 10 of 18 PRC 2829.1 , a General Lease - Recreational and Residential Use, rescission of approval of an Agreement and Consent to Encumbrancing Agreement of Lease No. PRC 2829.1 , and an application for a General Lease - Recreational Use of sovereign land located in Mare Island Strait, adjacent to 2 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 2829.1 ; RA# 42214) (A 14; S 3) (Staff: V. Caldwell) C DAVID J. LAMOREE AND BETTY J. LAMOREE (LESSEE); KATHRINE M. 30 WALTON (APPLICANT): Consider termination of Lease No. PRC 5782.1 , a General Lease - Recreational and Residential Use and an Agreement and Consent to Encumbrancing of Lease; and an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 19 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5782.1 ; RA# 40414) (A 14; S 3) (Staff: V. Caldwell) C DONALD G. DOPKINS AND JANET N. DOPKINS, CO-TRUSTEES OF THE 31 DOPKINS FAMILY TRUST DATED FEBRUARY 21, 1997 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 46 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previoulsy authorized by the Commission. CEQA Consideration: categorical exemption. (W 26732; RA# 40514) (A 14; S 3) (Staff: V. Caldwell) C DONALD L. RISING, STEVEN A. RISING, AND DARLENE RISING KLUBER 32 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 40 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 3650; RA# 41714) (A 14; S 3) (Staff: V. Caldwell) C ELAINE LOGAN MEIN, TRUSTEE, G. E. MEIN REVOCABLE TRUST DATED 33 APRIL 4, 1990 (APPLICANT►: Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 16 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck and appurtenant facilities previoulsy authorized by the Commission; and a portion of an existing residence not previously authorized by the Commission. CEQA Consideration: categorical exemption (PRC 7012.1 ; RA# 41014) (A 14; S 3) (Staff: V. Caldwell) C ELEANOR J. NOKES (APPLICANT): Consider an application for a General Lease - 34 Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 38 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 2649.1 ; RA# 41914) (A 14; S 3) (Staff: V. Caldwell) C GEORGE F. O'NEAL AND GAIL E. O'NEAL, TRUSTEES OF THE O'NEAL 35 FAMILY 2000 LIVING TRUST (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 5 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 11 of 18 Consideration: categorical exemption. (PRC 6048.1 ; RA# 42414) (A 14; S 3) (Staff: V. Caldwell) C GEORGE LEATHAM, TRUSTEE OF THE GEORGE LEATHAM FAMILY TRUST, 36 UNDER TRUST DATED MAY 22, 2016 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 9 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing residence, deck and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 2646.1 ; RA# 10915) (A 14; S 3) (Staff: V. Caldwell) C GEORGE LEATHAM, TRUSTEE OF THE GEORGE LEATHAM FAMILY TRUST, 37 UNDER TRUST DATED MAY 22, 2016 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 31 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26735; RA# 11015) (A 14; S 3) (Staff: V. Caldwell) C 38 GREGORY C. PLASKETT (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 21 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, boathouse, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 22297; RA# 40714) (A 14; S 3) (Staff: V. Caldwell) C GUY WOODS AND CHRISTINA WOODS, AS TRUSTEES OF THE GUY R. 39 WOODS AND CHRISTINA WOODS 2008 REVOCABLE TRUST, DATED APRIL 24, 2008 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 23 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 22298; RA# 41514) (A 14; S 3) (Staff: V. Caldwell) C 40 HIRO R. KAGIYAMA (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 18 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 3960; RA# 14615) (A 14; S 3) (Staff: V. Caldwell) C 41 JAMES C. FEA (APPLICANT): Consider an application for a General Lease - Recreational Use of sovereign land located in Mare Island Strait, adjacent to 11 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5794.1 ; RA# 21007) (A 14; S 3) (Staff: V. Caldwell) C JAMES P. COSGROVE AND LINDA C. COSGROVE (APPLICANT): Consider an 42 application for a General Lease - Recreational Use of sovereign land located in Mare Island Strait, adjacent to 14 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing deck and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 7498.1 ; RA# 10815) (A 14; S 3) (Staff: V. Caldwell) http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 12 of 18 C 43 KAREN A. PERRY (APPLICANT): Consider an application for a General Lease - Recreational Use, of sovereign land located in Mare Island Strait, adjacent to 42 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26733; RA# 41614) (A 14; S 3) (Staff: V. Caldwell) C LEE R. MILLER AND DOROTHEA E. MILLER , AS TRUSTORS OF THE MILLER 44 TRUST, DATED JANUARY 1, 1992 (APPLICANT): Consider correction to prior authorization of Lease No. PRC 9259.1 , a General Lease - Recreational Use, of sovereign land located in Corte Madera Creek, adjacent to 69 Greenbrae Boardwalk, near the city of Larkspur, Marin County. CEQA Consideration: not a project. (PRC 9259.1) (A 6; S 3) (Staff: V. Caldwell) C LOUIS E. ORANTES AND RACHEL ORANTES (APPLICANT): Consider 45 application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 10 Sandy Beach Road, near the city of Vallejo, Solano County; for an existing deck, boathouse, and appurtenant facilities previously authorized by the Commission; and a portion of an existing residence not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 3378.1 ; RA# 02599) (A 14; S 3) (Staff: V. Caldwell) C MAREK M. KUROWSKI AND JOLANTA ANDERSON-KUROWSKI (APPLICANT): 46 Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 22 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26734; RA# 41214) (A 14; S 3) (Staff: V. Caldwell) C MARILYN TOCH AND KAREN L. WAGGERMAN, CO-TRUSTEES UNDER THE 47 TOCH REVOCABLE INTER VIVOS TRUST DATED APRIL 8, 1983 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 7 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6049.1 ; RA# 21015) (A 14; S 3) (Staff: V. Caldwell) C 48 MARK HUBBARD (APPLICANT); Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 43 Sandy Beach Road, near the city of Vallejo, Solano County; for portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5806.1 ; RA# 41414) (A 14; S 3) (Staff: V. Caldwell) C MARTHA JILL CRESS, TRUSTEE OF THE MARTHA JILL CRESS REVOCABLE 49 TRUST DATED MAY 9, 2001 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 17 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 7569.1 ; RA# 41114) (A 14; S 3) (Staff: V. Caldwell) C MICHAEL S. WILLIAMS AND MICHELLE JOAN FRISCH (APPLICANT): Consider 50 an application for a General Lease - Recreational and Residential Use, of sovereign http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 13 of 18 land located in Mare Island Strait, adjacent to Assessor's Parcel Number 0062-030- 210, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6118.1 ; RA# 40814) (A 14; S 3) (Staff V. Caldwell) C NIGEL BRANDSTATER (LESSEE); NIGEL S. BRANDSTATER AND TAMARA 61 GOPP BRANDSTATER, AS CO-TRUSTEES OF THE NIGEL AND TAMARA BRANDSTATER FAMILY TRUST (APPLICANT►: Consider termination of Lease No. PRC 5962.1 , a General Lease - Recreational and Residential Use and an Agreement and Consent to Encumbrancing of Lease; and an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 4 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5962.1 ; RA# 25506) (A 14; S 3) (Staff: V. Caldwell) C PAULA JOY BREMIER AND VALARY GAY BREMIER (APPLICANT): Consider 52 application for a General Lease - Commercial Use, of sovereign land located in Corte Madera Creek, adjacent to 2170 Redwood Highway, near the city of Larkspur, Marin County; for an existing uncovered floating boat dock and gangway previously authorized by the Commission; and an existing deck, pilings, four platforms, and launch ramp not previously authorized by the Commission. CEQA Consideration: categorical exemption. (PRC 5264.1 ; RA# 03712) (A 10; S 2) (Staff: V. Caldwell) C 53 PHILIP ROSS JOY (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 35 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, dock, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6020.1 ; RA# 42014) (A 14; S 3) (Staff: V. Caldwell) C RENEE M. SANDERS, TRUSTEE OF THE RENEE MELISSA SANDERS TRUST 64 (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 33 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 22300; RA# 41314) (A 14; S 3) (Staff: V. Caldwell) C RICHARD BENBOW BULLOCK (LESSEE/APPLICANT): Consider termination of 66 Lease No. PRC 6003.1 , a General Lease - Residential Use, and an application for a General Lease - Recreational and Residential Use of sovereign land located in Mare Island Strait, adjacent to 12 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 6003.1) (A 14; S 3) (Staff: V. Caldwell) C ROBERT S. JONES AND DONNA J. JONES (APPLICANT): Consider an 66 application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 20 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 7536.1 ; RA# 17103) (A 14; S 3) (Staff: V. Caldwell) C http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 14 of 18 VICTOR A. DODGE AND GREGORY K. GAZAWAY (APPLICANT): Consider an 67 application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 32 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, dock, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5882.1 ; RA# 40614) (A 14; S 3) (Staff: V. Caldwell) C 58 WILLIAM G. MCINERNEY (APPLICANT): Consider an application for a General Lease - Recreational and Residential Use, of sovereign land located in Mare Island Strait, adjacent to 39 Sandy Beach Road, near the city of Vallejo, Solano County; for a portion of an existing residence, deck, and appurtenant facilities. CEQA Consideration: categorical exemption. (PRC 5925.1 ; RA# 41814) (A 14; S 3) (Staff: V. Caldwell) C SACRAMENTO MUNICIPAL UTILITY DISTRICT (APPLICANT): Consider 69 application for a General Lease - Right-of-Way Use, of sovereign land in the American River, adjacent to California State University Sacramento, in the city of Sacramento, Sacramento County, for two 12kV electrical power-line conduits attached to the Guy West Bridge. CEQA Consideration: categorical exemption. (PRC 3673.9; RA# 09615 (A 7; S 6) (Staff: A. Franzoia) C GERHARD WAGNER, MARILYN J. WAGNER AND NATALIE PAINE (LESSEE); 60 MICHAEL J. LOUGHREY, TRUSTEE OF THE LOUGHREY FAMILY TRUST DATED JANUARY 3RD, 2007 (APPLICANT): Consider termination of Lease No. PRC 4764.1 , a General Lease - Recreational Use, and an application for a General Lease - Recreational Use, of sovereign land located in the Sacramento River, adjacent to 17370 Grand Island Road, near Isleton, Sacramento County; for an existing pier and gangway. CEQA Consideration: categorical exemption. (PRC 4764.1 ; RA# 19615) (A 11 ; S 3) (Staff: W. Hall) C MODESTO IRRIGATION DISTRICT (APPLICANT►: Consider adoption of a 61 Mitigation Monitoring Program, and an application for a General Lease - Public Agency Use of sovereign land, located in the Stanislaus River, adjacent to 8124 McHenry Avenue, near the city of Modesto, Stanislaus and San Joaquin Counties; for the relocation of overhead transmission lines not previously authorized by the Commission. CEQA Consideration: Mitigated Negative Declaration adopted by San Joaquin County, State Clearinghouse No. 2013032028. (W 26847; RA# 26714) (A 21 ; S 5) (Staff: W. Hall) C RYAN P. FRIEDMAN AND AMY A. DANIEL (APPLICANT►: Consider application for 62 a General Lease - Recreational Use, of sovereign land located in the Sacramento River, adjacent to 5445 Garden Highway, Sacramento, Sacramento County; for the removal of an existing dock and two cable anchors, the construction of a new dock with two pilings, and the use and maintenance of an existing gangway, not previously authorized by the Commission. CEQA Consideration: categorical exemption. (W 26929; RA# 12015) (A 7; S 6) (Staff: D. Tutov) CENTRAL/SOUTHERN REGION C MFS GLOBENET, INC. (LESSEE►: Consider revision of rent to Lease No. PRC 63 8141 .1 , a General Lease - Non Exclusive Right-of-Way Use, of sovereign land located in the Pacific Ocean, offshore of Montana de Oro State Park, San Luis Obispo County; for a steel conduit and fiber-optic cable. CEQA Consideration: not a project. (PRC 8141 .1) (A 35; S 17) (Staff: R. Collins) http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 15 of 18 C MFS GLOBENET, INC. (LESSEE►: Consider revision of rent to Lease No. PRC 64 8142.1 , a General Lease — Non Exclusive Right-of-Way Use, of sovereign land located in the Pacific Ocean, offshore of Montana de Oro State Park, San Luis Obispo County; for a steel conduit. CEQA Consideration: not a project. (PRC 8142.1) (A 35; S 17) (Staff: R. Collins) C CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (APPLICANT): Consider 65 correction to prior authorization of Lease No. PRC 9239.9, a General Lease — Public Agency Use, of sovereign land located in the historic bed of the Colorado River, Moabi Regional Park, near Needles, San Bernardino County; for construction, operation, maintenance, and monitoring of open backwater, wetland, upland habitat, and ancillary structures. CEQA Consideration: not a project. (PRC 9239.9; RA# 27513) (A 33; S 16) (Staff: R. Collins) C UNIVERSITY OF SOUTHERN CALIFORNIA (LESSEE): Consider revision of rent to 66 Lease No. PRC 3692.1 , a General Lease — Non-Commercial Use, of sovereign land located in the Pacific Ocean, Santa Catalina Island, Los Angeles County; for an existing concrete pier with two connecting floating docks, rock mole, concrete marine ramp, helipad, 25 mooring buoys, six marker buoys, two seawater intake lines, a marine life refuge, and open range undersea habitat areas. CEQA Consideration: not a project. (PRC 3692.1) (A 70; S 26) (Staff: G. Kato) C FRANK B. DEGELAS AND DONNA L. DEGELAS, AS TRUSTEES OF THE FRANK 67 AND DONNA DEGELAS TRUST, DATED FEBRUARY 27, 2003 (LESSEE►: Consider revision of rent for Lease No. PRC 7996.1 , a General Lease — Recreational and Protective Structure Use, of sovereign land located in Huntington Harbour, adjacent to 3622 Venture Drive, city of Huntington Beach, Orange County, for an existing boat dock, access ramp, rock slope protection, and cantilevered deck. CEQA Consideration: not a project. (PRC 7996.1) (A 72; S 34) (Staff: S. Kreutzburg) C THE MUHS 1992 PARTNERSHIP, DATED DECEMBER 29, 1992, WITH DAVID C. 68 MUHS AS TRUSTEE OF THE MUHS FAMILY TRUST, DATED AUGUST 18, 1987, AND BEING ADDITIONAL PARTNER TO THE GENERAL PARTNERS FRED B. MUHS AND MARY ANN MUHS, TRUSTEES OF THE FRED B. MUHS AND MARY ANN MUHS FAMILY TRUST, DATED FEBRUARY 27, 1979; CAROL ZOEBEL; ADELE CETIN; AND PAUL MUHS (LESSEE): Consider revision of rent for Lease No. PRC 3577.1 , a General Lease — Recreational Use, of sovereign land located in Huntington Harbour, adjacent to 16901 Bolero Lane, city of Huntington Beach, Orange County, for an existing boat dock, access ramp, and cantilevered deck. CEQA consideration: not a project. (PRC 3577.1) (A 72; S 34) (Staff: S. Kreutzburg) C CALIFORN IA-AME RICAN WATER COMPANY (LESSEE►: Consider revision of rent 69 to Lease No. PRC 4223.1 , a General Lease — Right-of-Way Use, of sovereign land in San Diego Bay near San Diego and Coronado, San Diego County; for a water pipeline. CEQA consideration: not a project. (PRC 4223.1) (A 78; S 39) (Staff: D. Simpkin) C CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER 70 (LESSEE/APPLICANT): Consider termination of Lease No. PRC 4480.9, a General Lease — Public Agency Use and an application for a General Lease — Public Agency Use, of sovereign land located in the Pacific Ocean, near the City of Santa Monica, Los Angeles County; for continued use and maintenance of an underwater electrode. CEQA Consideration: categorical exemption. (PRC 4480.9; RA# 14115) (A 50; S 26) (Staff: D. Simpkin) http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 16 of 18 C MARINER'S POINT, A CALIFORNIA GENERAL PARTNERSHIP (LESSEE); 71 GENERAL PETROLEUM DBA MAXUM PETROLEUM (APPLICANT): Consider termination of Lease No. PRC 3265.1 , General Lease - Commercial Use and an application for a General Lease - Commercial Use, of sovereign land located in Sunset Bay, Huntington Beach, Orange County; for a commercial fuel dock facility. CEQA Consideration: categorical exemption. (PRC 3265.1 ; RA# 20915) (A 72; S 34) (Staff: D. Simpkin) SCHOOLLANDS C SOUTHERN CALIFORNIA EDISON COMPANY (LESSEE►: Consider revision of 72 rent to Lease No. PRC 1936.2, a General Lease - Right-of-Way Use, of State school land located in a portion of Section 16, Township 5 South, Range 16 East, SBM, near the town of Desert Center, Riverside County; for an overhead transmission line and an unpaved access road. CEQA Consideration: not a project. (PRC 1936.2) (A 56; S 28) (Staff: C. Hudson) C VERIZON CALIFORNIA INC. (APPLICANT): Consider application for a General 73 Lease - Right-of-Way Use, of State school land within a portion of Section 36, Township 6 South, Range 5 West, SBM, near Lake Elsinore, Riverside County; for an existing aerial fiber-optic cable attached to wood poles, and underground fiber- optic cable within a conduit, and an underground cable. CEQA Consideration: categorical exemption. (PRC 8208.2; RA# 15915) (A 71 ; S 28) (Staff: C. Hudson) MINERAL RESOURCES MANAGEMENT C CALIFORNIA DEPARTMENT OF CONSERVATION, OFFICE OF MINE 74 RECLAMATION AND THE CALIFORNIA STATE LANDS COMMISSION ACTING AS THE SCHOOL LAND BANK FUND TRUSTEE (PARTIES): Consider a Memorandum of Understanding with the Department of Conservation, Office of Mine Reclamation and approval of authority to continue coordinating efforts to eliminate potential public safety hazards at abandoned mine sites on State school lands located statewide. CEQA Consideration: categorical exemption. (W 40102) (A & S: Statewide) (Staff: G. Pelka) C CITY OF LONG BEACH, CALIFORNIA RESOURCES CORPORATION AND THE 75 STATE LANDS COMMISSION (PARTIES): Consider consent for certain amendments to the crude oil valuation provisions of the Contractors' Agreement and Tract No. 2 Agreement, Long Beach Unit, Wilmington Oil Field, Los Angeles County. CEQA Consideration: not a project. (W 11026, W 11107; PRC 3455) (A 70; S 33) (Staff: J. Planck, J. Fabel) MARINE FACILITIES - NO ITEMS ADMINISTRATION - SEE REGULAR CALENDAR LEGAL C CALIFORNIA STATE LANDS COMMISSION AND SPORTSMAN'S PARADISE, 76 INC., (PARTIES): Consider a Compromise Title Settlement and Exchange Agreement between the State of California acting by and through the California State Lands Commission, in its regular capacity and as Trustee of the Kapiloff Land Bank Fund, and Sportsman's Paradise, Inc., regarding certain interest in lands in the historic bed of the Colorado River, County of Imperial. CEQA consideration: statutory exemption. (W 26855) (A 56; S 40 ) (Staff: J. Fabel) http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 17 of 18 C CALIFORNIA STATE LANDS COMMISSION: Consider authorizing the Executive 77 Officer to sign, as a Concurring Party, the agreement titled "Programmatic Agreement Among the Bureau of Land Management — California, the California Office of Historic Preservation, and the Advisory Council on Historic Preservation Regarding Renewable Energy Development on a portion of Public Lands Administered by the Bureau of Land Management — California." CEQA Consideration: not a project. (A 26, 33, 34, 36, 42, 56, 71 ; S 8, 16, 21 , 23, 28, 38, 40) (Staff: P. Huber, J. DeLeon) C CALIFORNIA STATE LANDS COMMISSION (PARTY): Consider authorizing the 78 staff of the California State Lands Commission and the Office of the Attorney General to take legal action against Steven and Anita Ramos to cause compliance with the Commission's leasing authority and jurisdiction or to require removal of structures trespassing on State sovereign lands in Steamboat Slough, Solano County, California and for recovery of costs and damages. CEQA Consideration: not a project. (PRC 7799.1) (A 11 ; S 3) (Staff: P. Pelkofer, V. Caldwell) KAPILOFF LAND BANK TRUST ACQUISITIONS — NO ITEMS EXTERNAL AFFAIRS GRANTED LANDS C CITY OF ALAMEDA AND THE CALIFORNIA STATE LANDS COMMISSION 79 (PARTIES): Consider revised phase area boundaries for the second closing phase as required by the Naval Air Station Alameda Title Settlement and Exchange Agreement. CEQA Consideration: not a project. (AD 617; W 25109; G 01-01) (A 16; S 9) (Staff: R. Boggiano, J. Porter) C CALIFORNIA STATE LANDS COMMISSION AND THE CITY OF SOUTH SAN 80 FRANCISCO (GRANTEE): Consider a record of survey depicting the location and extent of filled tidelands as they existed around February 22, 1980 within Oyster Point Marina in the City of South San Francisco, San Mateo County. CEQA Consideration: not a project. (G 14-05) (A 22; S 13) (Staff: R. Boggiano, D. Frink) LEGISLATION AND RESOLUTIONS — SEE REGULAR CALENDAR VI. INFORMATIONAL — SEE REGULAR CALENDAR VII. REGULAR CALENDAR 81-84 CALIFORNIA STATE LANDS COMMISSION AND SAN DIEGO UNIFIED PORT 81 DISTRICT (INFORMATIONAL); Informational presentation on the framework for a partnership between the State Lands Commission and the San Diego Unified Port District to engage in a comprehensive, ecosystem-based, stakeholder driven pilot planning effort for the state-owned tidelands and submerged lands located in the Pacific Ocean offshore San Diego County. CEQA Consideration: not a project. (A 78, 80; S 39, 40) (Staff: J. DeLeon, S. Pemberton) CALIFORNIA STATE LANDS COMMISSION AND THE CITY OF LOS ANGELES 82 DEPARTMENT OF WATER AND POWER (LESSEE) (INFORMATIONAL): Informational update on the Owens Lake Master Project, Owens Lake, Inyo County. CEQA Consideration: not a project. (W 26428; RA# 32212) (A 26; S 8) (Staff: D. Simpkin, G. Kato, J. DeLeon) PACIFIC GAS AND ELECTRIC COMPANY (APPLICANT) (INFORMATIONAL): 83 Informational update regarding application of the California Environmental Quality http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 CA State Lands Commission Meeting Agenda Page 18 of 18 Act (CEQA) to the consideration of a General Lease — Industrial Use for a cooling water discharge channel, water intake structure, breakwaters, and associated infrastructure at the Diablo Canyon Power Plant, near Avila Beach, San Luis Obispo County. CEQA Consideration for Informational Agenda Item: not applicable. (PRC 4449.1 , PRC 4307.1 , W 26721 ; RA# 06813) (A 17; S 35) (Staff: D. Simpkin, P. Huber, C. Oggins) CALIFORNIA STATE LANDS COMMISSION: Consider supporting SB 900 84 (Jackson) that would require the State Lands Commission to administer a coastal hazard removal and remediation program along the California coastline, contingent on adequate funding. CEQA Consideration: not applicable. (A & S: Statewide) (Staff: S. Pemberton) VIII. PUBLIC COMMENT IX. COMMISSIONERS' COMMENTS http://archives.slc.ca.gov/Meeting Summaries/2016_Documents/02-09-16/Voting_Record.... 4/26/2016 Recorded in Dffic—iaFNecor s, Orange County Commonwealth Land Title Company Hugh Nguyen, Clerk-Recorder RECORDING REQUESTED BY 1E 11 II II 111 I II II I I J I I III II 36.00 AND WHEN RECORDED MAIL TO: * $ R 0 0 0 8 0 7 2 6 2 3 $ 2016000005830 8:28 am 01/07116 City of Huntington Beach 93 Sec4 A37 C34 F14 7 CIO Fred Wilson,City Manager 0.00 0.00 0.00 0.00 18.00 0.00 0.00 0.00 2000 Main Street P.O. Box 190 Huntington Beach,CA 92648 ' I 101 Z. APN 178-581-01 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT OF EASEMENT R f 6A W`T— For valuable consideration, receipt of which is hereby acknowledged, the undersigned CITY OF HUNTINGTON BEACH, a Municipal Corporation (referred to herein as "Assignor") hereby assigns to GENERAL PETROLEUM, a California Corporation("Assignee") all right, title and interest of Assignor in and to that certain Amended and Restated Declaration of'Easements ("Declaration") by and between Harbor Landing, LLC, a California Limited Liability Company ("Grantor") and Mariner's, a copy of. which Declaration was recorded December 30, 2011, as Instrument No. 2011000690325 of Official Records, in the Office of the County Recorder of Orange County, California, and which affects that certain real property located in the City of Huntington Beach, County of Orange, State of California, with Assessor's Parcel Number 178-581-01, and more particularly described on Exhibit"A" attached hereto and incorporated herein by this reference("Property"). By acceptance of this Assignment, Assignee hereby agrees to and assumes all of the obligations, covenants, terms and conditions required to be kept, performed and fulfilled by Assignor under the Declaration, and acknowledges that this Assignment is made subject to all of the covenants, conditions, restrictions,and reservations contained in the Declaration. IN WITNESS WHEREOF,the undersigned have executed this Assignment of Easement as of the day of _ ,20�. ASSIGNOR: ASSIGNEE: THE CITY OF INGTON BEACH, GENERAL PETROLEUM, S l n e Ir a Calif a M p rporation a California Corporation y at �tetP� By By M or i atapo is Name: Charles McDaniel Its: Senior Vice President By: , city rk JO L. Flynn 1NIT D, VIEWED AND APPROVED Ci er APPROVED AS City orney 1698167.1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Huntington.Beach C/O Fred Wilson,City Manager 2000 Main Street P.O.Box 190 Huntington Beach,CA 92648 APN 178-581-01 SPACE ABOVE THIS TINE FOR RECORDER'S USE ASSIGNMENT OF EASEMENT rZ I & HT For valuable consideration, receipt of which is hereby acknowledged, the undersigned CITY OF HUNTINGTON BEACH, a Municipal Corporation (referred to herein as "Assignor") hereby assigns to GENERAL PETROLEUM, a California Corporation("Assignee") all right,title and interest of Assignor in and to that certain Amended and Restated Declaration of Easements ("Declaration") by and between Harbor Landing, LLC, a California Limited Liability Company ("Grantor") and Mariner's, a copy of which Declaration was recorded December 30, 2011, as Instrument No. 2011000690325 of Official Records, in the Office of the County Recorder of Orange County, California, and which affects that certain real property located in the City of Huntington Beach,County of Orange, State of California,with Assessor's Parcel Number 178-581-01, and more particularly described on Exhibit"A" attached hereto and incorporated herein by this reference("Property"). By acceptance of this Assignment,Assignee hereby agrees to and assumes all of the obligations, covenants, terms and conditions required to be kept, performed and fulfilled by Assignor under the Declaration, and acknowledges that this Assignment is made subject to all of the covenants, conditions, restrictions, and reservations contained in the Declaration. IN WITNESS WHEREOF,the undersigned have executed this Assignment of Easement as of the 4&day of 2016. ASSIGNOR: ASSIGNEE: THE CITY OF HUNTINGTON BEACH, GENERAL PETROLE , a California Municipal Corporation a California Corpor 'o By: Sk jvgA 10 tooVL py/f By: Mayor I Name: Charles McDaniel Its: Senior Vice President By: City Clerk INITIATED,REVIEWED AND APPROVED City Manager APPROVED AS TO FORM: City Attorney 1698167.1 CONSENT The undersigned, successor-in-interest to Grantor under the Declaration,hereby consents to the foregoing Assignment of Easement which affects the Property,as described above,and hereby confirms that the Declaration,as described above,remains in full force and effect. Dated: Z �J ,206 SUNSHINE MAKERS,INC.,a California Corporation By.,M. Am�� L--,C7 Print Name: Jeffrey Hyder 2 1698167.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On January 4, 2016, before me, P. L. Esparza, Notary Public, personally appeared Joan L. Flynn and Jim Katapodis who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California- that the foregoing paragraph is true and correct. P. L. ESPMMZA WITNESS my hand and official seal. Commission 2032750 Z ''� Notary Public-California = Orange County MY Comm.Ex trek Au 4,2Q17 (Seal) (1, otary Si na e) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the U uthfulness, accuracy,or validity of that document. State of California } County Of Lc?z 4j&h L&-r } On JAmA" / 7-°J ,before me, f�Y (in art name and title of the officer) Notary Public, personally appeared C L who proved to me on the basis of satisfactory evidence to be the person*whose name is/ar-e subscribed to the within instrument and acknowledged to me that he/shcfthey executed the same in hislhmttlxeir authorized capacity(Av), and that by his/herhfreir signature(§) on the instrument the person( ),or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TROY BOWMAN COMMISSION#2018792 p Q Z €b Notary Public-california T ORANGE COUNTY My Comm Expires May 7 2017 Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ) On ,before me, (insert name and title of the officer) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1698167.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ©RA- } '- ) On i&,6m9fA, �2d before me, TA.0'f Q,0�-jr, y-j , (insert name and title of the officer) Notary Public,personally appeared )6AFldY t (L-iZA , who proved to me on the basis of satisfactory evidence to be the person* whose name(4 is/me subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her+eir authorized capacity(iao, and that by his/hertdhmtnignature P4 on the instrument the person(*,or the entity upon behalf of which the person(§�acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TROY BOWMAN WITNESS my hand and official seat. _ COMMISSION#2018792 p Z i4, Notary Public-California Z " ORANGE COUNTY My Comm Expires May 7 2017 Signature (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ) On , before me, (insert name and title of the officer) Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1698167.1 EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN BELOW iS SITUATED IN THE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE. STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: All that certain land situated in the State of Califomia, County of Orange, City of Huntington Beach, and is described as follows: That portion of Tide Land Location No. 141 as described in patent from the State of California, dated April 4, 1901,and recorded May 14, 1901 in Book 1, Page 194 of Patents in the office of the County Recorder of said county, as corrected by "decree correcting description entered July 2, 1929 in the matters of the petition of Alamitos Land Company, Case No. A-726, Superior Court, County of Orange, a certified copy thereof and a copy of the map showing such correction being recorded July 2, 1929 and October 22, 1928, respectively, in Book 287, Page 231 of Official Records, and in Book 3, Page 45 of Record of Surveys, respectively", and that portion of Section 24, in Township 2 South, Range 12 Vilest, San Bernardino base and meridian, included within the following described land: Parcel 1: Beginning at the intersection of the Southwesterly line of said Tide Land Location No. 141, with the Northeasterly line of the California State Highway (U.S. 101), 100,00 feet wide, as described in Book 325, Page 199 of Official Records, being a curve concave Southwesterly, having a radius of 5844.60 feet, a radial line from said point bears South 45° 57' 23" West,- thence Northwesterly 150.89 feet along the arc of said 5844.60 foot radius curve, through a central angle of 1 ° 28' 45" to the Southeasterly line of said California State Hig"ay, as described in deed recorded August 12, 1947 in Book 1537, Page 319 of Official Records; thence North 46° 32' 00" East 53.76 feet along said Southeasterly line; thence South 43 28' 07" East 90,00 feet; thence North 46" 32' 00" East to a point on the Northeasterly line of said Tide Land Location No. 141, said point being the Northwesterly terminus of that certain course having a bearing and distance of North 52" 45' 00" Vilest B50.25 feet, as described in a boundary line agreement between the State of California and Lincoln Fidelity Corporation, recorded on December 10, 1963 in Book 6837, Page 445 of Official Records; thence South 52' 45' 00" East 100.O0 feet along said Northeasterly line of Tide Land Location No. 141 and said boundary lines; thence Southwesterly on a direct fine to a point on the curved Northeasterly sine of the California State Highway, as shown as 79.00 feet Northeasterly from the Northeasterly line of the Pacific Electric Railroad right of way on a map filed in Book 14, Page 36 of Record of Surveys in the office of said County Recorder, said point being Southeasterly 1 DO.00 feet, measured along said curved Northeasterly line from its intersection with the Southwesterly line of said Tide Land Location No. 141; thence Northwesterly 100.00 feet along said Northeasterly fine to said Southwesterly line; thence Southeasterly 50.39 feet along said Southwesterly line to the point of beginning. Excepting all oil, gas or other hydrocarbon products under said land, without the right to perform any operations on the surface of said land, such as drilling, exploration or extracting Of such r rninerals, in favor of Alamitos Land Company, a corporation, as provided in Amendment No. 1 to declaration of taking by the United States of America, recorded October 7. 1948 in Book 1712, Pages 1 to 25 inclusive of Official Records, and as confirmed by final decree of condemnation recorded November 5, 1952 in Book 2407, Page 870 of Official Records. 160167.1