Welcome.

The Surfrider Foundation San Mateo County Chapter has been engaged in an effort to reestablish public access to Martin's Beach, and to preserve access and the beach for future generations to enjoy. This blog is a place to keep posted on campaign efforts, learn more, share your love for Martin's, and get involved.
Photo credit Richard Yelland

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Martin's Beach Public Access Workshop

UPDATE!  A summary report from the public workshop can be found here.

The Surfrider Foundation is organizing a workshop to solicit input from the beach-going community about the particulars of restored public access to Martin’s Beach. The workshop will be held on Monday, July 20, 2015 at the Pacifica Community Center (540 Crespi Drive, Pacifica) from 6pm to 9pm.  

Public input from the workshop will inform negotiations between the California State Lands Commission and Silicon Valley billionaire and property owner Vinod Khosla. The Commission is tasked with negotiating an agreement that will restore public access to Martin’s Beach, as required by California Senate Bill 968, signed into law last year.

Recently, news media reported an “opening” of Martin’s Beach for the summer. However, no official announcement of the opening has been made from the Khosla camp, and it is not clear to the public which days the gate will or will not be open. At best, this appears to be a seasonal, selective opening of the gate to visitors, so it's important for the public to continue to support and be active in efforts to permanently restore public access.

This workshop is an important opportunity for the public to play an active role in restoring access to their beach! Public input collected from this workshop will be vital to understanding the public's needs and wants with regard to restored access.

The workshop will consist of updates on efforts to restore access to Martin’s Beach and roundtable discussions of various aspects of access such as hours and days of operation, accessibility, amenities, allowable uses, and access fees. Participating members of the public will be asked to write down and submit their opinions on these subjects. Representatives from both the State Lands Commission and Coastal Commission will be present at the workshop and provide updates to the public on their agencies’ roles in restoring public access.

Please attend to make your opinions known and voice heard!

See below for flier, and click here for the draft workshop agenda.

photo credit: Ed Grant

Khosla Appeals Martin’s Beach Ruling: Surfrider’s Fight Continues

FEBRUARY 23 2015 (REPOST FROM SURFRIDER.ORG)
BY ANGELA HOWE

It looks like Surfrider Foundation will be going back to court to fight for access in the Martin's Beach case.  Billionaire venture capitalist property owner, Vinod Khosla, filed a Notice of Appeal this week to try to overturn the very strong lower court ruling.  Judge Barbara Mallach from the San Mateo County Superior Court ruled in favor of beach access with a December 5, 2014 decision requiring Khosla to obtain a permit from the Coastal Commission for any change in access to the beach.

After the December ruling that required Vinod Khosla to “cease preventing the public from accessing and using the water, beach, and coast at Martin’s Beach,” Khosla's property managers have only opened the road sporadically.  By filing a notice of appeal, Khosla's attorneys are seeking relief from Judge Mallach's ruling.  Instead of complying with the Judge's order and applying for a necessary Coastal Development Permit from the California Coastal Commission, which is required for any change to public beach access (including restrictive gates, signage and security guards), Khosla and his attorneys have appealed the decision, which could tie the issue up in court for over a year to come.

Surfrider Foundation is committed to defending our lower court victory and continuing the fight to re-open access at Martin’s Beach.  Quite simply, Khosla has violated California law under the Coastal Act and must apply for a permit for any "change in the intensity of use of water, or access thereto" for the coastal land.  He has refused to apply for this permit despite being told to do so by the Superior Court twice, including the court's 2009 dismissal of Khosla's lawsuit against the County for requiring a Coastal Development Permit.

Meanwhile, the Surfrider Foundation San Mateo County Chapter is also working with the State Lands Commission to hold a public hearing on beach access in their effort to negotiate with the property owner pursuant to Senate Bill 968.  SB 968 was signed by the California Governor this past September and added Section 6213.5 to the Public Resources Code.  This bill allows the State Lands Commission to negotiate a public easement to the beach or to acquire the road or easement via eminent domain.  In addition to the litigation, these are alternative means of ensuring the public's right to access the public beach at this special place in Half Moon Bay.

Sheriff's Office says it will not arrest, ticket Martin's Beach visitors

The San Mateo County Sheriff’s Office released this news release yesterday, January 27, stating the Sherrif's Office will not be making arrests or issuing citations for trespass at Martin's Beach. 

Martin's Beach Reopened...?

As 2014 came to a close and 2015 began anew, visitors old and new were delighted to find the gate to Martin's Beach Rd. periodically opened!  The gate was open several days between December 21st and January 7th.  Folks have been documenting their visits on the Friends of Martin's Beach Facebook page.

Most reported being charged a $10 per car fee to park.

While an open gate is welcomed action after years of closure, many worry that this is just a temporary ploy to appease the court while the Khosla camp continues to seek more palatable legal determinations in their favor.  This concern appears consistent with the filing of a Notice of Intent to Move for a New Trial, filed December 16 and reported on here. 

As this was not at all a surprise, on January 14, the Surfrider Foundation's legal firm, Cotchett, Pitre & McCarthy, filed this opposition brief. The image to the left, which shows when the gates have been opened and closed since the Final Ruling came out, is at the end of the brief.

A Surfrider Foundation volunteer is also tracking people's visits to Martin's Beach. You can see the latest on this Facebook page.

Concurrently, while action from the court is awaited, the State Lands Commission has begun to prepare a letter to be sent to Khosla to commence the negotiation process outlined by SB 968 (Hill), which was signed into law last year and currently effective.

If Khosla responds affirmatively, it could commence a year-long process of negotiation by the state agency, which would involve public input.  If not, the Commission will have the discretion to take action into its own hands and consider eminent domain proceedings to establish a state-owned access way to and along Martin's Beach.

Khosla to Judge: I Was Given an Unfair Trial

In the latest turn of events, on Dec. 16 attorneys for Vinod Khosla filed a notice of intent to move for a new trial.  Their reason?  Well, there were several, including "irregularity in the proceedings," "improper orders of the court," "abuse of discretion by the court," and "accident or surprise."

It would be nice if it could be said that this filing was an accident or surprise, but unfortunately Khosla's efforts to skirt the rules seem to be par for the course.

Khosla's attorneys also sent a letter this week, addressed to the California Coastal Commission, in response to the Dec. 8 letter sent by Commission staff to Steven Baugher, manager of Martins Beach I and II, LLCs.  In the letter, they cop to the apparent reason that the gate is still closed to the public, despite Judge Mallach's Final Order that ordered the gate to be opened: bad weather.

In the Judge's order, she stated that the gate was to be opened to the same extent that it was at the time of purchase.  In Richard Deeney's testimony in the case, he stated that he would close the gate when there was bad weather, when there wasn't someone to take money at the gate, or when he felt like it.  So Khosla's attorneys are attempting to justify continued, uninterrupted closure of the gate based on those specific words in Mr. Deeney's testimony, despite the reality that the gate was not permanently closed for "bad weather" or any other reason when the property was owned by the Deeney family. 

A response from the court is awaited. 

Judge to Khosla: "The Gate Across Martins Beach Rd Must Be Unlocked and Open" NOW

As reported on the Surfrider Foundation Coastal Blog, on Friday, December 5, San Mateo County Superior Court judge Barbara J Mallach provided clarity to her final ruling issued November 12, in which she ruled that Khosla's changes to the property--including permanently locking the gate across Martins Beach Rd--constituted development and therefore require a permit from the California Coastal Commission.  Clarification came in the form of a Final Order from the court, which amongst other things orders Khosla to open the gate and restore access to what it was when he bought the property. 

For those who have been wondering when the gate would be required to be reopened, the time has come.  We have arrived.  Open, Sesame!

                                                                     Photo credit: Anneliese Agren

But Khosla has yet to comply.

Following on the heels of this order, the California Coastal Commission sent its own clarifying message to Khosla, via the property manager Steven Baugher.  In case the threat of law is not motivation enough to comply, the Commission sent a seven page letter stating that the property owner is in violation of the Coastal Act for unpermitted development including but not limited to the locking of the gate to bar public access, use of security guards, pursuit of trespassing enforcement against visitors, and placement of signs to deter access, AND that these violations are subject to various fines, including a fine of up to $11,250 per day per violation and $15,000 per day per violation, respectively.  AND the Commission notes that the fines are cumulative from the notice of violation, which was sent in 2011.  Although Khosla is a billionaire, fines racking up to potentially tens of millions of dollars would probably not go unnoticed. 

In the Commission letter, the Commission gave Baugher until Dec. 22 to respond and work to resolve this violation amicably. 

Stay tuned!

Two Years Ago, Five Intrepid Surfers...

...took a ride south of town to Martin's Beach to go surfing. Not an extraordinary thing, except for the fact that the road to Martin's Beach had been closed off to the public and it was unclear whether or not they would be welcomed in their attempt to access and recreate at this local beach.

Not to be deterred, they read up on their rights to access the beach and decided to exercise them.

At 10am on Sunday, October 21, Jonathan Bremer, Kyle Foley, Austin Murison, David Pringle, and Tyler Schmid were ticketed for trespassing at Martin's Beach. This set off an effort to defend their actions and seek a determination from a county judge that these gents were, in fact, not trespassing.

On February 7, 2013, the county judge dismissed the charges based on insufficient evidence to support the allegations of trespassing. (original story here) From that date forward to present time, this decision has allowed the public to visit Martin's Beach without being charged with trespassing.

Thank you, Jonathan, Kyle, Austin, David, and Tyler for blazing the trail down to the beach for the rest of us while we await for a permanent access solution! 

Taking a Moment

WOW!  What an amazing past week this has been for the campaign to Open Martin's Beach, with a victory in the courts and a victory at the state capitol.  Although the campaign is far from over, it's important to take a moment to reflect on how far this effort has come, how many people have contributed their time, stories, energy, and/or funds to support open access, and the movement that has been energized.

Here are a few videos and photos to enjoy of folks taking this moment to enjoy how far we've come.

John Green/Bay Area News Group - CLICK FOR GALLERY

Photoshopped courtesy of Wallace J Nichols

Video: Cycling Brothers a Little Too Stoked that Judge Opened Local Beach

NBC Video Clip - Return to Martins Beach

SB 968 - SIGNED!

Tuesday afternoon, on the last day for the Governor to take action on bills, Governor Jerry Brown put pen to paper and inked him name on SB 968, a bill authored by Senator Jerry Hill (D-San Mateo), which outlined a timeline and process for the State Lands Commission to acquire public access to Martin's Beach.  The bill directs the Commission to enter into negotiations for a period of one year, and if at the end of that year negotiations have not been fruitful, State Lands may opt to use other mechanisms to acquire and facilitate access. 

The bill was fortunate to enjoy bipartisan support in the Senate and Assembly, but even into the final hours its was unclear whether the Governor would sign the bill or not.

Needless to day, we at the Surfrider Foundation are elated that the Governor chose to sign SB 968, and we greatly appreciate that the bill has been given the opportunity to go into effect.  We could not have achieved this action without the leadership of Senator Jerry Hill, co-authors Asm. Mark Stone and Asm. Kevin Mullin, and Speaker Toni Atkins, nor could this have been accomplished without the support of many, including Platinum Advisors; supporting organizations Environment California, California Coastal Protection Network, Sierra Club, Ocean Conservancy, WILDCOAST, Black Surfers Collective, The City Project, Committee for Green Foothills, Save the Waves, Azul, West Marin Environmental Action Committee; outstanding individuals such as former U.S. Rep Pete McCloskey, Rob Caughlan, Warner Chabot, Mark Massara, Christine Craft; our Surfrider Foundation team; and all of you who took the time to write and call your legislators and the Governor to ask for their support.  THANK YOU!!!

We will look forward to engaging with the State Lands Commission in a public process to permanently restore public access to Martin’s Beach.

Supporters can act now by signing the petition to the State Lands Commission supporting this process.

Victory for Beach Goers!

Today, the San Mateo County Superior Court issued its ruling on Surfrider Foundation v. Martins Beach I and II, LLCs.  Honorable Judge Barbara J. Mallach ruled that the permanent closure of the gate across Martins Beach Rd. does, indeed, constitute development, and that Mr. Khosla will need to seek a permit for this development.  Although this ruling does not immediately restore access, it would allow the California Coastal Commission to rightfully pursue enforcement action against Mr. Khosla if he does not apply for a permit for the access closure.  If Mr. Khosla does apply for a permit, the public will have the opportunity to participate in the permitting processes of the County and Coastal Commission and ask that these entities require that a permit to close off access be denied. 

In short, wooooooohoooooooo!!!!!!!!!  We are one very large step closer to restoring public access to Martins Beach, which is great news for the people who cherish it and for future visitors. 

A press release on the win can be found here and our latest entry on the Coastal Blog discusses the bigger picture of this victory.

The full court decision can be found here. 

This victory is credited to our amazing legal team, led by top trial attorney Joe Cotchett of Cotchett, Pitre and McCarthy, LLP, Eric Buescher, Pete McCloskey, and Mark Massara, in consultation with Angela Howe, Legal Director of Surfrider Foundation.  Of course our case could not have been established without testimony from our witnesses, Lennie Roberts, Bernie Leal, Rob Caughlan, Terry Louwerens, and Surfrider Foundation representatives. 

In another prong of the Open Martin's Beach campaign, Surfrider Foundation is advocating for the State Lands Commission to negotiate a right of way easement to the beach. Add your voice to the fight and ask the state agency to open access here.

If you are inclined to join us and support this effort for the long haul, please visit our donation page.

Show Your Support

Our friends at Represent.com put together this limited edition tee to support the cause.  Get yours today and show your support for beach access and for restored access to Martin's Beach.  100% of proceeds benefit the campaign.  Limited time offer...expires at 1pm on Friday, Sept. 5th!!

On to the Governor!

Senate Bill 968, which outlines a process and timeframe for the State Lands Commission to lead efforts to restore access to Martin's Beach, has made its way through the state legislature and is headed for its (hopefully) last stop before being signed into law: the Governor's desk.  (More on that here.)  The majority of state legislators agrees with the importance of protecting coastal access to the public an has seen fit to help restore access to this special beach, which we very much appreciate.

The Governor has until September 20th to sign the bill, and we need to make sure he hears from YOU!  Please take a quick minute to click and send a letter to Governor Brown.

Restore Access by Taking This Survey

Photo courtesy of Judy Allen

The California Coastal Commission has made available a public access survey to gather data on when and how the public accessed Martin's Beach over past decades.  This survey is part of an investigation to determine whether any public rights of access to and/or use of the area exist by reason of past public use.  The data collected could be used to support restoration of public access to the beach in the future.  If you ever visited Martin's Beach before it was owned by Mr. Khosla, please take this survey!


Direct link to PDF file of survey:  http://www.coastal.ca.gov/legal/Martins-PRS-Final.pdf
Do you lack a printer or tech capabilities?  Contact us and we'll send you a printed survey in the mail.

Instructions
Please be sure to:

• print out the blank survey and complete it - document your visits to the best of your ability,
• SIGN and DATE the document on pages 4 AND 15,
• provide any supplementary documentation (i.e. copies of old photos, videos), 
• make a copy of everything (for your records), and 
• send the original signed document to the Coastal Commission 
• **ask everyone you know that used to visit Martin's Beach to please take the survey!** Send them the link above.

Surveys can be sent to the Coastal Commission the following ways:

• California Coastal Commission
  ATTN: Peter Allen
  45 Fremont Street, Suite 2000
  San Francisco, CA 94105-2219

• Fax signed copy to (415) 904-5400

• Scan signed document and email signed copy to MartinsBeachPRS@coastal.ca.gov
  

You can read more about the survey and the Commission's action here.

Setting the Record Straight

In recent media interviews, Vinod Khosla has alleged, amongst other things, that Surfrider Foundation has not been willing to negotiate.  This same allegation has been leveled in court and in the state legislature.  Like the other allegations, this allegation is not only untrue but unwise, as we have documented our every step in the effort to restore access to Martin's Beach.

For a timeline of events associated with the campaign to Open Martin's Beach, please see here.

The timeline also includes links to correspondence that show Surfrider's, the County's, and the beach-going community's efforts to communicate with Mr. Khosla to preserve and restore access by means other than litigation.  Ironically, a letter from Khosla's attorney in 2011 makes clear that it is Mr. Khosla who has been unwilling to negotiate and who has sought litigation from the outset. 

Surfrider Foundation is disheartened that Mr. Khosla is using his energy and resources in such a negative way to broadcast false accusations, instead of taking the very easy and positive step of reaching out to begin a community dialogue about restoring public access to Martin's Beach.  Again, we beseech him to consider this opportunity to move forward in a positive and mutually beneficial way.

An Op Ed from Surfrider Foundation CEO Jim Moriarty on this subject ran here last Friday.

Closing Arguments Made in the Surfrider Foundation Lawsuit to Open Martin’s Beach

Video from outside the court, after the trial

Attorneys for the Surfrider Foundation made final remarks during closing arguments of the Martin’s Beach trial today before San Mateo County Superior Court Judge Barbara J. Mallach.  It is now up to Judge Mallach to consider the evidence presented and render her decision. The Foundation expects a ruling from the court by mid-September.

“We delivered a very strong closing argument today,” says Angela Howe, Legal Director for the Surfrider Foundation.  “Surfrider brought this litigation to protect the public’s right of beach access, which is of the utmost importance for this precious spot on the San Mateo County coast and for all of California’s 1,100-mile coastline."

Mark Massara, longtime surfer and counsel for the Surfrider Foundation in this matter, was present today for the closing remarks with Eric Buescher and Joseph Cotchett of Cotchett, Pitre & McCarthy, who also represented Surfrider in the case before Judge Mallach.

“Let’s be crystal clear: even if one were to believe the tall tales that Vinod Khosla’s lawyers told today, and assume that everything they said about how the U.S. Government and Coastal Commission cannot be trusted, it would not change the fact that Khosla still has to apply for a permit,” declares Massara.

The Surfrider Foundation, the largest non-profit organization dedicated to protecting the world’s oceans, waves and beaches, challenged that the property owner, billionaire venture capitalist Vinod Khosla, violated the California Coastal Act when he closed the only public access road to Martin's Beach by putting up a gate and posted signage to deter visitors. (Complete timeline here)

Although an affirmative decision by the court would not restore public access directly, it would require the property owner to seek a permit for the development that has occurred and begin a public process to consider the changes to the property and beach access.  A decision in favor of Surfrider might also require the property owner to pay hefty fines of up to $15,000 per day into the state Coastal Conservancy coffers,. 

“We believe the judge will make a very informed, reasonable judgment.  It is clear that Mr. Khosla refused to go to the Coastal Commission and we are asking the court to order him to do so,” added Joseph Cotchett, counsel for the Surfrider Foundation.

Meanwhile, in the state legislature, a bill is still in play that also seeks to restore public access to Martins Beach.  SB 968 (Hill – San Mateo) would direct the State Lands Commission to work to negotiate purchase of an easement or right-of-way to facilitate public access to the beach.  If no such purchase is negotiated by 2016, the Commission could opt to exercise eminent domain to acquire the easement.  The bill will be considered by the Assembly Appropriations Committee when the legislature reconvenes in August.

Post-trial press coverage can be found on our Press page here.

Mark Massara on Martin's Beach, Beach Access

Watch an interview with Surfrider Foundation co-counsel Mark Massara from last night on KSCO's Off The Lip Radio Show streamed on TheSurfChannel.com and learn more about the battle of private property rights vs. public beach access at Martin’s Beach. 

Video: www.thesurfchannel.com/news/20140714/martins-beach-billionaire-surfrider-foundation/

Trial Information - UPDATED

UPDATED AS OF 7/14/14:


What: 
Surfrider Foundation v. Martins Beach I, LLC and Martins Beach II, LLC

When:  
*Closing Arguments* - 9:30am on Wednesday, July 16

Where:
San Mateo County Superior Court, 400 County Center, Redwood City
Department 22, Courtroom 8A

Photo credit Rob Caughlan

Superior Court Judge Barbara J. Mallach presiding

If you attend, please show your support by wearing blue!  

If you opt to quietly tweet from the trial, please use #martinsbeach and feel free to mention @Surfrider and @vkhosla.  

Thanks!!

Coastal Commission Granted Authority to Level Fines for Access Closure; SB 968 Still in Play in Assembly

http://www.smdailyjournal.com/articles/lnews/2014-06-21/access-fight-rages-martins-beach-at-center-of-legislative-efforts-state-budget-pending-court-case/1776425125351.html

SB 968 Lives to See Another Day, Heads to Assembly

Despite efforts by Khosla's lobbying team to kill SB 968 in Appropriations last week, a majority of Senators voted to pass the bill out of committee and on to the Senate floor.  Just before 5pm yesterday, the Senate passed SB 968 with a vote of 22 to 11.  The bill will move on to the Assembly for consideration.

Needless to say, we are STOKED!  Our full press release on the matter can be viewed here.

Now, to gear up for the Assembly...

Citizens can take action to support the bill in the Assembly by writing a letter to their Assemblymember here: http://tinyurl.com/pass-sb968.

Citizens are also encouraged to write their Senator in response to the Senator's vote for or against SB 968 and public beach access.  You can find your State Senator here: http://www.legislature.ca.gov/legislators_and_districts/legislators/your_legislator.html, and can find your Senator's vote on this bill here: http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0951-1000/sb_968_vote_20140528_0442PM_sen_floor.html.