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!

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!!

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.

Khosla Hires Lobbyists to Kill SB 968

As earlier reported, State Senator Jerry Hill (D-San Mateo) introduced an important bill earlier this year to provide permanent access to Martin's Beach.  SB 968 has passed through two Senate committees thus far, and awaits a hearing in the Appropriations Committee this Friday.

Yesterday, it was learned that Khosla, or rather Steven Baugher of Martin's Beach I and II, LLCs, hired lobbying firm California Strategies & Advocacy, LLC to try and kill this bill.  It is curious why Khosla waited this long, but in any case, this move comes just days before this key committee hearing.  If the bill does not pass out of Appropriations, it will be laid to rest until it is possibly taken back up next year.

The selection of California Strategies to lobby against the bill is intriguing.  Back in February of this year, Capitol Weekly reported on the Fair Political Practices Commission Enforcement Division's annual violations report.  2013 was characterized as one of the worst years ever in terms of the number of violations and prosecutions related to lobbying and campaign practices.  In this report and article, California Strategies and three of its partners--Jason Kinney, Rusty Areias, and Winston Hickox--are specifically called out for their violation of the Political Reform Act due to their failure to register as lobbyists.

You might think that someone with billions of dollars could hire a more reputable firm, but perhaps this was done intentionally.

The method of lobbying that this firm is (or at least was) purported to use is referred to as "shadow lobbying," which is characterized as former politicians and high-level staff members who serve as "consultants" and provide advice to decision-makers without being clear that they are actually paid lobbyists. 

We are hopeful that legislators and staff at the capitol will see through this guise and base their decisions on what's best for the public and not what's best for one wealthy individual. 

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)