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

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!

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.

Khosla to Testify

San Mateo County Superior Court Judge Barbara Mallach has ruled that Vinod Khosla, the billionaire behind the holding companies which are designated the owners of the property adjacent to Martin's Beach, will have to testify in court for the Surfrider Foundation lawsuit. 

It is unfortunate that it took a judge compelling him to appear to finally bring him out from behind the corporate veil to talk about his actions to close off access to the beach.  However, his required appearance and answers to questioning will bring some degree of satisfaction to many who have hoped for and sought after simple dialogue with the man behind the closure.

Latest indications are that Khosla will be called to appear somewhere between 3pm and 5pm on Monday, May 12.  (See "Trial Information" below)

An Open Letter to Vinod Khosla

February 3, 2014

To: Vinod Khosla

As of writing this letter, it has been 2.5 years since we first wrote to you to ask that you engage in a dialogue about your closure of Martin’s Beach to the public.   At that time, we could only guess that you were the owner, as there was no public documentation of the name of the new owner of the property adjacent to the beach, other than “Martin’s Beach I, LLC” and Martin’s Beach II, LLC”.  You opted to hide your name from the public for reasons we can only assume, like avoiding public scrutiny and outreach efforts in response to closure of the only road leading to this well-loved beach.

Now that you have been “outed,” your name and face have been associated with this issue, yet you still hide behind proxies who act and speak on your behalf.  This runs contrary to your very public persona that is constantly in the limelight, advocating for cleantech solutions or advising others on achieving success in the tech sector. 

Such behavior also runs contrary to statements made on your behalf, such as “the property owner strives to be a constructive member of the community”, despite being “very aware of the community concern about the situation.” [i]  Certainly it does not reflect that you “feel badly about the controversy surrounding Martin’s Beach.”[ii]  Shirking attempts to engage you in a dialogue reveals you to be rather disinterested in a “community conversation” or an outcome that would be “constructive.”

It almost seems like you think by ignoring the community we will go away.  Like we will forget about this beach that families have enjoyed and built lives around, or forget about the bigger picture of public access to beaches in California. 

We won’t.

Surfrider Foundation continues to hope for a constructive conversation that will result in both public access to Martin’s Beach and respect for the local private property.

We call upon you, Mr. Khosla, to step into the light and demonstrate that you are a constructive member of the community by engaging in a conversation with the community.  Dialogue could eliminate the need for litigation and lead to an amicable solution to give the public access to the beach they cherish.

Citizens wishing to join this call to action to Mr. Khosla may do so here: http://tinyurl.com/write-2-khosla

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[i] http://www.sfgate.com/bayarea/article/Surfers-lose-fight-to-access-Half-Moon-Bay-beach-4926919.php

[ii] http://www.cnn.com/video/data/2.0/video/us/2013/11/06/erin-wian-billionaire-closes-off-california-beach.cnn.html