Public weighs in on future of Martin’s Beach: Surfrider seeks input on how access should be crafted, state officials give update on negotiations

Despite the Legislature, Gov. Jerry Brown, Attorney General Kamala Harris, two county judges and numerous attorneys weighing in on the dispute pitting the rights of private property owners against the public’s right to access California beaches; this was the first opportunity for the community to gather and share their thoughts.

From what would be an acceptable parking fee to whether dogs should be allowed on the property, the information will be compiled and shared with the property owner, the State Lands Commission and the Coastal Commission.

Per Hill’s legislation, the SLC is in the midst of negotiating with Vinod Khosla, the co-founder of Sun Microsystems who bought the coveted property for $32.5 million in 2008, and may use condemnation if a deal cannot be reached by Jan. 1, 2016.

“What we do tonight will help us inform the way negotiations can happen with Mr. Khosla,” said Surfrider’s California Policy Manager Stefanie Sekich. “This beach has been used for almost a century by generations and generations of families. It’s a special little nook of the world.”

While members of the public have been outspoken on social media platforms, Surfrider’s meeting also drew a robust crowd of Martin’s Beach residents.

Occupants of the few dozen individually-owned homes rent land from Khosla through long-term leases, all which are slated to expire by 2021. While all in attendance admitted they knew not what Khosla’s ultimate plans were for the property, residents voiced concerns about finding an appropriate balance between public beach access and keeping the property pristine.

Impact of public access

Although many note a historical precedence spanning nearly a century in which the public was permitted access to the beach by the former owners, some argue erosion and changes in the land need to be accounted for.

“There has to be some consideration given to issues like infrastructure, like what is now a very severe shortage of parking space. Whereas we used to be able to accommodate 200 cars, there’s now a parking area that would accommodate no more than a few dozen,” said David Pasternak, a nearly 40-year Martin’s Beach resident.

Hill said his legislation is intended to strike a balance between those who reside on the property and the community outcry to for public access to coastal resources.

“We all want a solution that will bring access but also respect the rights of the homeowners who are there,” Hill said.

Steve Puthuff, president of the Martin’s Beach Homeowners Association, said the members have varied beliefs but he supports public beach access. Yet with that access should come “responsibility for cleaning up after yourself, not vandalizing property and cleaning up after your dog,” Puthuff said.

Other members of the public expressed frustration that they’d been denied access to the beach with some even noting the issue was sending a bad message to future generations.

SLC Executive Officer Jennifer Lucchesi said input from the residents and public is vital as it will help craft a balanced solution for the future of Martin’s Beach.

“Between all of the entities, state and local, that are involved in this effort, I think there will be a lot of brainstorming about how to provide the requisite amenities to address the concerns,” Lucchesi said. “This is the opportunity for us to understand those issues more fully so we can build that into our future negotiations and help inform other agencies as we move forward.”

Charles Lester, executive director of the Coastal Commission, attended the meeting to answer questions and provide an update concerning alleged Coastal Act violations at the property as well as the agency’s prescriptive rights survey.

The Coastal Commission also sought input on how the public has historically used the property, which could be used during legal proceedings to establish the public has acquired access rights over time.

Cases like Martin’s Beach are very concerning as the commission seeks to promote beach access and ensure only appropriate coastal developments are approved, Lester said. Currently, Khosla has yet to follow through with requirements related to an emergency permit that allowed him to repair riprap on the property, according to Lester and attorney Mark Massara.

But Khosla’s financial means have made enforcement difficult and officials wary, said Massara, who is assisting Surfrider in its claim that Khosla violated the Coastal Act when he failed to garner permits before he painted over signs, hired security guards to deter the public and closed the gate for an extended period of time.

“It was always clear to me that what Vinod was up to required permits,” Massara said. “It’s just that his wherewithal and resources presented certain challenges and people to be really cautious about what he was doing out there.”

Long process

Lucchesi said SLC representatives have met with Khosla twice and an appraisal is currently being prepared to determine the cost of a vertical easement to create access to property from Highway 1 as well as a lateral easement along the beach.

“We are in discussions, progress is being made, albeit slowly. But we have been engaged with them and they have been engaged with us,” Lucchesi said.

While the SLC has nearly $5.5 million set aside to negotiate purchase of easements, it’s a statewide budget and it cannot be expended during eminent domain proceedings, Lucchesi said.

While Sekich urged the discussion should remain positive as Surfrider and the state agencies ultimately seek an amicable resolution with Khosla, it appears they’re gearing up for a potentially long battle.

Khosla has appealed a county judge’s ruling that favored Surfrider and should the SLC be unsuccessful in negotiating an easement, eminent domain proceedings could take years.

But timing may be critical if longtime visitors like Dolores Cunha, a 92-year-old who recalls first visiting Martin’s Beach as a child and would help her father fish, is to see guaranteed public access in her lifetime.

“I think it’s kind of a shame that this man took over,” Cunha said after filling out notecards with her ideas for public access. “It was such a nice beach where families went. It’s a very interesting place to go because there’s people doing all sorts of things. Surfing, fishing and even grandkids swimming.”

Visit martinsbeach.blogspot.com for more information about Surfrider’s efforts.

samantha@smdailyjournal.com

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