BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 968|
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UNFINISHED BUSINESS
Bill No: SB 968
Author: Hill (D), et al.
Amended: 8/18/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-2, 4/8/14
AYES: Pavley, Evans, Hueso, Jackson, Lara, Monning, Wolk
NOES: Cannella, Fuller
SENATE JUDICIARY COMMITTEE : 5-2, 4/22/14
AYES: Jackson, Corbett, Lara, Leno, Monning
NOES: Anderson, Vidak
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SENATE FLOOR : 22-11, 5/28/14
AYES: Beall, Block, Corbett, Correa, De Le�n, DeSaulnier,
Evans, Galgiani, Hernandez, Hill, Hueso, Jackson, Lara, Leno,
Lieu, Mitchell, Monning, Padilla, Pavley, Steinberg, Torres,
Wolk
NOES: Anderson, Berryhill, Cannella, Gaines, Huff, Knight,
Morrell, Nielsen, Vidak, Walters, Wyland
NO VOTE RECORDED: Calderon, Fuller, Hancock, Liu, Roth, Wright,
Yee
ASSEMBLY FLOOR : 42-25, 8/20/14 - See last page for vote
SUBJECT : Public lands: Martins Beach property: access road
CONTINUED
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SOURCE : Author
DIGEST : This bill directs the State Lands Commission
(Commission) to enter into negotiations with the owner of the
property known as Martins Beach to acquire a right-of-way or
easement for the creation of a public access route. If the
Commission is unable to reach an agreement to acquire a
right-of-way or easement and the owners do not voluntarily
provide public access by January 1, 2016, this bill will direct
the Commission to acquire such a right-of-way or easement by
eminent domain.
Assembly Amendments delete legislative findings and
declarations; add coauthors; and make a technical change.
ANALYSIS :
Existing law:
1.Establishes the Commission in the Natural Resources Agency and
prescribes the functions and duties of the Commission.
2.Specifies that the Commission has jurisdiction over various
state lands, including coastal lands.
3.Authorizes the Commission to acquire a right-of-way or
easement across private land in certain circumstances by
purchase, lease, gift, exchange, or condemnation.
This bill:
1.Directs the Commission to 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 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.Allows the owners of the property to voluntarily provide
public access to and along the shoreline at Martins Beach upon
terms acceptable to the Commission.
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3.Provides that if the Commission is unable to reach an
agreement to acquire a right-of-way or easement and the owners
do not voluntarily provide public access by January 1, 2016,
the Commission shall 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 at the
South Cabrillo Highway in accordance with the procedures set
forth under the Eminent Domain Law.
4.Directs the Commission to enter into consultation and
negotiation with local stakeholders, including, but not
limited to, local and regional government and governmental
entities, to address the ongoing management and operation of
any property acquired pursuant to this bill.
Background
The Commission has authority over California's sovereign lands
and the Commission administers these lands pursuant to statute
and the public trust doctrine.
The public trust doctrine is a common law doctrine that
specifies the state's authority as sovereign to exercise
continuous supervision and control over the navigable waters of
the state, tidelands, and non-navigable tributaries to navigable
waters. The doctrine includes the protection of maritime or
water dependent commerce, navigation, and fisheries, and the
preservation of the lands in their natural state for scientific
study, open space, wildlife habitat, and water-oriented
recreation. Incidental uses that directly promote trust uses or
that lend themselves to the public's enjoyment of trust lands
are also permitted. These may include facilities that serve
visitors, such as parking lots, hotels and restaurants.
In specific circumstances, the Commission may enhance public
access to or along navigable waters (see, for example, Public
Resources Code (PRC) Section 6307) to justify certain actions.
Additionally, PRC Section 6210.9 gives the Commission specific
authority, where there is no access available to public trust or
similar lands, to obtain a "right-of-way or easement across
privately owned land or other land that it deems necessary to
provide access to such public land" via condemnation. The
Commission has never exercised that authority since receiving it
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in 1975.
The California Constitution (Article X, Section 4) states that
"no individual, partnership, or corporation, claiming or
possessing the frontage or tidal lands of a harbor, bay, inlet,
estuary, or other navigable water in this state, shall be
permitted to exclude the right of way to such water whenever it
is required for any public purpose, nor to destroy or obstruct
the free navigation of such water; and the Legislature shall
enact such laws as will give the most liberal construction to
this provision, so that access to the navigable waters of this
state shall be always attainable for the people thereof."
Further, the Coastal Act (PRC Section 30000 et seq.) requires
maximizing public access to the coast and recreational
opportunities.
Martins Beach is located on the Coast of San Mateo County
approximately eight miles south of Half Moon Bay. Seventy-five
foot cliffs are located on both the north and south ends of the
beach. Access to the beach is via a private road (Martins Beach
Road) from Highway 1. There are approximately 45 cabins on
long-term lease adjacent to the beach area. Prior to July 2008,
a single family had owned Martins Beach and the surrounding land
for over 100 years. At various times the family allowed the
public access to the beach by vehicle, according to documents
filed during recent litigation. A parking area was maintained
near the beach and parking fees were charged. Facilities
available included a general store, restaurant and restrooms.
These uses and development pre-date the passage of the Coastal
Act. Documents submitted during litigation state that the store
and restaurant were closed by the end of the 1980s. In July
2008, two parcels totaling 89 acres from Highway 1 west to the
coast and encompassing most of Martins Beach and all of Martins
Beach Road were sold for $37.5 million.
The new owners of the two parcels are Martins Beach 1, LLC and
Martins Beach 2, LLC (MB12). Vinod Khosla, the prominent
venture capitalist, and his family are behind these two LLCs.
In fall 2009 or at some point thereafter, local management of
MB12 closed and locked a gate on Martins Beach Road at Highway
1, and repainted a roadside sign indicating the beach, among
other actions. According to the local management, the road and
parking area were in disrepair and it was uneconomic to provide
a parking attendant at the beach. Considerable local
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controversy ensued as activists and political figures sought to
obtain public access to the beach again. There are numerous
news stories describing trespassing by surfers and others as
well as attempts by stakeholders to negotiate renewed public
access.
MB12 have been sued twice in an effort to obtain public access
to the beach. Friends of Martins Beach LLC sued for public
access to the tidelands, beach parking area and access along the
Martins Beach Road invoking, in part, the public trust doctrine
and provisions of the state's constitution (CIV517634, San Mateo
County Superior Court). The case was decided in favor of MB12
in October 2013, although the final order has not yet been
issued. News reports indicate there will be an appeal.
Additionally, the Surfrider Foundation has filed a citizen's
suit under the Coastal Act to compel public access (CIV520336,
San Mateo County Superior Court). A trial is scheduled for May
2014 in this suit.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Unknown one-time costs, likely in the hundreds of thousands to
low millions from the General Fund for the purchase of a
right-of-way or easement for access to the public lands at
Martins Beach.
Unknown ongoing costs from the General Fund for the
maintenance of the right-of-way or easement.
SUPPORT : (Verified 5/27/14) (Unable to reverify at time of
writing)
Black Surfers Collective
California Coastal Commission
California Coastal Protection Network
Coastside Beach Coalition
Committee for Green Foothills
Environmental Action Committee of West Marin
Ocean Conservancy
San Mateo County
Save the Waves Coalition
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Sierra Club California Coastal Committee
Surfrider Foundation
Wildcoast
ARGUMENTS IN SUPPORT : The author states that this bill was
introduced "to try and provide a pathway for compromise so the
public can once again access Martins Beach. [?] Local residents
and Californians have been deprived of this natural treasure for
long enough. [?] This bill tries to bring the landowner to the
table to reach a compromise since they have been unresponsive to
other efforts. I hope a compromise can be reached because no
one wants to use eminent domain; however, to me there is no
better or more appropriate use for eminent domain."
According to the California Coastal Commission, "An opportunity
to secure permanent public access to such a significant stretch
of beach adjacent to major urban areas without the cost, time
delays and uncertainty of litigation is worthy of pursuing, and
acquisition here under the terms of this bill would appear to be
consistent with the Constitutional and statutory direction to
maximize access."
ASSEMBLY FLOOR : 42-25, 8/20/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta, Brown,
Buchanan, Chau, Chesbro, Cooley, Dickinson, Eggman, Fong, Fox,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Holden, Jones-Sawyer,
Levine, Lowenthal, Mullin, Muratsuchi, Nazarian, Nestande,
Pan, John A. P�rez, V. Manuel P�rez, Rendon, Rodriguez,
Skinner, Stone, Ting, Waldron, Weber, Wieckowski, Williams,
Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Gray, Hagman, Harkey, Jones,
Linder, Logue, Maienschein, Mansoor, Medina, Melendez, Olsen,
Patterson, Quirk-Silva, Salas, Wagner, Wilk
NO VOTE RECORDED: Bradford, Ian Calderon, Campos, Dababneh,
Daly, Frazier, Grove, Hall, Roger Hern�ndez, Perea, Quirk,
Ridley-Thomas, Vacancy
RM:e 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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