Governor Signs Martins Beach Legislation SB968 Authored by Senator Jerry Hill

South San Francisco, CA   September 30, 2014   Submitted by Senator Jerry Hill
 

SB 968 Calls for Negotiations to Begin with Silicon Valley Billionaire to Restore Public Access to the Beach

 

“The Governor continued his lifelong commitment to protecting California’s environment and making it accessible to all members of the public by signing Senate Bill 968. I urge Vinod Khosla to sit down with the State Lands Commission and negotiate a solution as soon as possible so the public can once again enjoy Martins Beach.”

–        Jerry Hill, State Senator 13th District, Author of SB 968, Representing San Mateo / Santa Clara Counties

 

“I applaud the Governor’s decision to sign the legislation.  In 1972, Californians voted overwhelmingly for Proposition 20, to perpetually protect the right of public access to California beaches.  Martins Beach is one of the loveliest small coves in California’s 1,000-plus miles of coastline.   I hope that Vinod Khosla will abide by SB 968 and negotiate in good faith with the State Lands Commission to restore public access.”

–        Pete McCloskey, Former Congressman from San Mateo County (1967-1983), contact: Lee Houskeeper 415-777-4700 or 415-654-9141

 

“I greatly appreciate State Sen. Hill’s persistent pursuit to protect public right of access at Martins Beach.  This iconic San Mateo County landmark has been enjoyed by residents and visitors alike for over 100 years and this legislation affords us the opportunity to regain public access.  I am grateful to Governor Brown for signing this legislation and reaffirming that California’s beaches belong to California’s residents.”

–        Don Horsley, San Mateo County Supervisor, contact: 650-363-4569

 

 SACRAMENTO – Governor Edmund G. Brown Jr. today signed Senator Jerry Hill’s legislation to require the State Lands Commission to enter into negotiations with Silicon Valley billionaire and Martins Beach property owner Vinod Khosla for one year, in an effort to re-open the beach near Half Moon Bay to the public.

In 2010 Khosla closed the gate to the only road leading to Martins Beach and put up a sign reading, “Beach closed, keep out.” Since then Californians have been unable to access a beach they’ve enjoyed for generations.

The grassroots movement to re-open the road has attracted national attention, focusing on the rights of Californians to beach access. Senate Bill 968 by Hill, D-San Mateo/Santa Clara Counties, would mandate negotiations for a year to acquire a right-of-way or easement for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach.

The bill, which the legislature approved with bipartisan support, does not interfere with current court battles that could take years to resolve, but is designed to provide the public access to the beach in the near term.

Last week’s San Mateo County Superior Court ruling that the Martins Beach access gate must be reopened – and remain open – until landowner Vinod Khosla gets a permit from the Coastal Commission will likely be appealed by Khosla.  The ruling dealt only with the narrow issue of a Coastal Commission permit and did not address the larger issue of the public’s ability to access the beach on a long-term basis.

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Senate Bill 968, Chapter 922, Statutes of 2014

Section 6213.5 is added to the Public Resources Code, to read:

6213.5. (a) (1) The commission shall consult, and enter into any necessary negotiations, with the owners of the property known as Martins Beach, consisting of two parcels of land, APN: 066-330-230 and APN: 066-330-240, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement, pursuant to Section 6210.9, for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach at the South Cabrillo Highway.

(2) This section does not prohibit the owners of the property from voluntarily providing public access to and along the shoreline at Martins Beach upon terms acceptable to the commission.

(b) If the commission is unable to reach an agreement to acquire a right-of-way or easement or the owners do not voluntarily provide public access pursuant to subdivision (a), by January 1, 2016, the commission may acquire a right-of-way or easement, pursuant to Section 6210.9, for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach at the South Cabrillo Highway, in accordance with the procedures set forth in Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure.

(c) The commission shall consult and enter into negotiations with local stakeholders, including, but not limited to, nonprofit entities and local and regional governments and governmental entities, to address the ongoing management and operation of any property acquired pursuant to this section.

 

 

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