Spring 2011: Beach Access Through Partnerships, Programs and Education

SYMBIOSIS A Newsletter of the Mountains Recreation and Conservation Authority

Inside this issue...

- Public Beach Access - Camping Approved in Malibu

Spring 2011

Beach Access Through Partnerships, Programs, and Education

- Transit to Trails - Marine Mammals

Published by the Mountains Recreation and Conservation Authority with a grant from the Santa Monica Mountains Conservancy

We are happy to bring back Symbiosis, the quarterly newsletter of the Mountains Recreation and Conservation Authority. In Greek, symbiosis literally means “living together”. In science, it is defined as close interactions between different species. And in today’s society, it refers to mutually beneficial relationships.

It is in the true spirit of this word, symbiosis, that we create this newsletter. As the public looks to us to provide safe and beautiful parks, the MRCA needs public support to thrive. To continue to strengthen this relationship between our agency and the public, we are providing this newsletter with news and stories from the MRCA. Each edition will focus on a central theme with supporting articles that cover current issues, local natural history, and news about our agency, programs and partnerships. We hope that by reading these stories, you will be both informed and entertained.

This edition of Symbiosis will explore the issue of beach access. The topics range from the political and legal struggles over public access to our programs that work to increase access for all. We also discuss how protecting beaches not only helps the public, but also the wildlife as they face increasing changes to their marine and coastal habitat.

In our efforts to use green practices, most of the newsletters will be sent electronically, and any printed copies will be printed on recycled paper. This is one way we are reducing our environmental impact.

We hope you enjoy this edition of Symbiosis.

Welcome

Greetings from the MRCA

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Public Beach Access

Feature Article: Public Beach Access Camping Approved in Malibu

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Partnerships and Programs Transit to Trails p.9

The Natural Side

Marine Mammals 2

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Greetings from the MRCA...

Dear Friends, It is my pleasure to welcome you to the Spring Edition of Symbiosis. In this issue, we address the passionate topic of public access to local beaches.

California is known for its beautiful and unique landscape, everything from beaches to deserts to mountains, and many within easy driving distance from major population centers. As urban development expands and the amount of open space declines, we all must make the extra effort to protect those prime lands which are still available. But we must go beyond just protecting the land and bringing it into public ownership, we need to make sure the public will have access to such land for all to enjoy well into the future. With this as a focus, the Mountains Recreation and Conservation Authority is resolute to protect, manage, and provide access to these open spaces in and around Southern California.

As you might know our local beaches continue to be at the forefront of the public access debate and the focus of many organizations. As a popular place visited by tourist and locals alike, our coastline holds some of the most scenic and peaceful natural environments in Southern California and it is no wonder people want to stand-up and fight to protect it. So I hope the articles in this edition of Symbiosis will provide new information on the current debate around public access, as well as ways the MRCA is providing and maintaining access to our, I mean YOUR spectacular beaches and ocean views.

George Lange, Chair Mountains Recreation and Conservation Authority

Two Ways to Stay Connected to the MRCA: Introducing our Facebook page: Find us on Facebook www.facebook.com/lamountains Visit our website for information about our parks and programs:

www.lamountains.com

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Featured Author: We are happy to announce that Jenny Price, environmental

writer and advocate, will be writing the feature article in our Symbiosis newsletters.

To learn more about Jenny, please visit her page on the LA Observed: http://www.laobserved.com/writers/jennyprice.php

Public Beach Access

By Jenny Price Them’s fightin’ words!—and yet, why do the struggles over beach access get so passionate? Why do the beach battles in Malibu make headlines in newspapers in London and Tokyo? The answer, of course, starts with another question: Who doesn’t love the beach? Just watch a little kid get within sight of one and start running, and you know there’s something primal about hanging in the sand and the surf.

Especially in Los Angeles. People battle for the beach in Baja, Tel Aviv, and Greenwich, Connecticut, but the Los Angeles area is the beach. Imagine the region without it—or apple pie without apples, if you can.

It’s a symbol of the Good Life, which L.A. itself has always represented. More important, it symbolizes the Good Life for all. It’s served as the most successful public space in the American metropolis that’s always been so notorious for an absence of great public spaces. Which is why it’s not surprising that in the 1920s, some of the earliest civil rights battles in L.A. were to integrate the beaches. And why the media often dramatizes the beach battles in Malibu as all-out class wars. We love and glory in our mountains in L.A., but we’re absolutely fierce about our beaches.

Whose beach is it?

Happily, California has always recognized the abiding importance of public coastal access. Always. After 1850, when public-trust doctrine granted the new state ownership of the lands below the mean high tide line, California’s constitution would specifically guarantee public access to these tidelands: No individual...or corporation...shall be permitted to exclude the right of way whenever it is required for any public purpose....and the Legislature shall enact such laws as will give the most liberal construction to this provision.... (Art. X, Sec. 4) And while the Legislature didn’t always do that in the ensuing decades, it did exactly that in 1976 when it passed the California Coastal Act—the final outcome of Prop. 20, a 1972 citizens initiative—which enacted

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Who’s In Charge of Public Access • The California Coastal Commission implements the access policies of the Coastal Act through planning and regulation.

• The California Coastal Conservancy funds the purchase of coastal lands, and also funds and provides technical assistance for public access projects.

• The State Lands Commission owns and manages the state tidelands.

• Local governments (city or county) must create and enforce Local Coastal Plans that implement the state’s access policies—subject to approval by and appeal to the Coastal Commission.

• Federal, state, county, and city agencies can all own and manage beaches and accessways.

a bible’s worth of policies to accomplish two sizable objectives.

One, the Act protects the coast. And two, it protects our right to get to the coast.

Development shall not interfere with the public’s right of access to the sea...including...the use of the dry sand and rocky coastal beaches to the first line of terrestrial vegetation. (Sec. 30211) How do you get to it?

Unfortunately, by 1976, private owners had blocked off almost two-thirds of the 1100 miles of coastline in California. And while it’s great that the Act requires maximum public access, ideally you shouldn’t need to use a kayak, a parachute, or scuba gear to get there.

How did the Act punch through the wall of development, so that we can get through the locked gates to use the lands that we own? While the Act addressed the problem with a range of policies, the most powerful (and contentious) is this: When a beachfront property owner who wants to do construction applies for the required coastal development permit, the owner can be required, as a condition, to “dedicate” a public easement on the property to mitigate the impact on public access. A public agency (or private interest) must agree to develop and maintain the easement, which the public then has the right to use in perpetuity.

Vertical easements allow everyone to get to the beach from the street side. Lateral easements allow everyone to use a portion of the dry beach above the tide line once you’re actually on What Is the Mean High Tide Line? the beach. Since 1973, when Prop. 20 took effect, beachfront The mean high tide line (MHTL) is the owners have dedicated 172 verticals and 1199 laterals up and average high tide over the last 18.6 down the California coast. years, and is the legal boundary between the public and private lands on beaches that have both. Of course, do you know where that is, exactly? We can’t, really—so the accepted on-the-ground boundary is the previous high tide line, aka the daily high water line (DHWL).

Although it is difficult to ascertain the boundary between public and private lands, a general rule to follow is that visitors have the right to walk on the wet beach. (California Coastal Commission, California Coastal Access Guide)

Mission accomplished?

Yes and no. While the Coastal Act has allowed us to make dramatic progress, it has also met with dramatic resistance.

Which is not surprising, since many seaside communities had enjoyed the public tidelands essentially as private beaches for many decades.

The main objections? Beachfront property owners have argued that public access leads to trespassing and violates their property rights. That the beaches do not have the amenities required—lifeguards, bathrooms, parking—for public use. And that public access damages the coastal environment. However, many beaches in L.A. and in California aren’t equipped with bathrooms or lifeguards. The beachfront residents become Spring 2011 5

the public when they themselves use the public lands. And the proximity of development clearly can cause as much or more environmental damage than daytime beachcombing. More generally, the same conflicts can ensue in any place where people live right next to public lands—whether beaches, parks, sidewalks, or streets. We can find reasonable solutions: we can agree to restrict nighttime hours, or to build a public bathroom.

We can’t agree to bar the rest of the public from using the public beaches—any more than we would bar people from using Griffith Park because the adjacent neighbors fear noise, litter, or trespassing.

Tools for Public Beach Access • Experience the California Coast: Beaches and Parks in Southern California (2009) - the Coastal Commission’s detailed guidebook for the SoCAl coast • Malibu Public Beaches (2008), www.laurbanrangers.org - free downloadable pocket guide, with accessways maps and beach info

Lawsuits have been...well, bountiful, and have included • Lateral easement maps - Carbon and Broad Beaches, Malibu challenges to the legality of the Act itself. However, the courts www.coastal.ca.gov/pubs.html - show have, with one key exception, upheld the Act’s major provisions where you can use the dry sand on consistently for 35 years. The exception? In 1987, the U.S. these two beaches Supreme Court ruled 5-4 that the Coastal Commission’s policy on public easements can violate the Fifth Amendment (which prohibits the taking of private property without just compensation) unless the easement specifically provides the same type of access that the construction will impact. The ruling since has prevented the Commission from requiring verticals (mostly) and laterals (less so) in some cases.

So why has Malibu been such a hotspot?

Malibu showcases the two persistent, major barriers to beach access that we’re continuing to use the Act to address. One, you can’t always get to the beach. In Malibu, the 20 miles of the coast that are lined with private development constitute an entire quarter of the beachfront in L.A. County, and provide the closest beaches for large parts of the greater L.A. area. True, the 16 working accessways on these 20 miles have opened these beaches significantly since the 1970s. Still, the state standard is to have an access point every 1000 feet—which means that for each existing accessway in Malibu, there should ideally be 5 more. Or think of it this way: A lot of people who live right across the street from these beaches have to travel as far as 3 miles to get to them.

And two, even when you can get to the public beach, it might not actually look or feel all that public. In Malibu, “private beach” signs, security guards, and the lack of accurate signage have (as the media has often reported) chased people away on a regular basis, or at the least made them feel uncomfortable on the lands they own. While public advocates including MRCA enforce policies to create sufficient access, we also implement public-friendly policies on signs, guards, and similar issues to make these lands more obviously and definitely public.

Add to the mix the constant lawsuits in Malibu to restrict public access—as abundant as grunion during the grunion runs—and no wonder the access troubles there have inspired unusually intense passions. Add a dash of Hollywood to all that- and did I mention we’re fierce about our beaches in L.A.?--and no wonder these gorgeous beaches have come to symbolize the battles for beach access, and for public lands, in Los Angeles and beyond.

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Sign-fuscation: What Would You Do? Would you walk here?

Courtesy of Rosa Morrow

How about here - when the high tide line is 10 feet from the sign?

Courtesy of Rosa Marrow

Would you walk through this public access gate?

Would you park in this space on this public street?

What’s MRCA doing on the beach?

And aren’t we mountain people? We’re public lands people first and foremost, and beaches are public lands that are as beloved as they are ecologically important. MRCA has set its towel down on four beaches since 1996. And you can’t be surprised that three of them are in Malibu—where the Santa Monica Mountains meet the sea, and where the efforts to improve beach access can benefit especially from MRCA’s involvement.

We’ve patrolled coastal lands in the Palos Verdes Nature Preserve since December 2009. Up in Malibu, we’ve managed a public-access stairway to Escondido Beach since 1996. We’ve also just signed on to construct an accessway on a stretch of Malibu Road that currently has no public access, on a small beautiful property that the Coastal Conservancy has owned and will transfer to the Santa Monica Mountains Conservancy. The accessway, which we’ll also manage, will allow everyone to enjoy the Amarillo and Malibu Colony beaches.

We’ve made our largest investment so far on Lechuza Beach, a spectacular cove in west Malibu with high cliffs and rock formations. If you’ve never been to our beach there, then stop reading right now and go beachcombing immediately! The large piece of Lechuza that MRCA purchased in 2001 makes it the only multi-lot stretch on Malibu’s 20 developed miles that is completely public, above and below the mean high tide line.

MRCA’s three accessways have also made Lechuza the only developed beach in Malibu that meets the state standard for public access. We’re also resolving a range of problems— signage that’s been confusing, locked vehicle gates, and the blocking off of public parking—that in the past have made Lechuza a lot harder to find and use than it should be. And despite the standard legal challenges, which have delayed our efforts, we are right now working on a management plan for the beach—as you read this—that we’ve designed to make this beach look and feel completely public.

Public beach access! The state’s public beaches, Lechuza and beyond, have always been public by law. And now we’re making them public—really public—in practice.

Courtesy of Sara Wookey

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Coastal Commission Approves Plan for Camping in Malibu On October 13, 2010, the California Coastal Commission voted unanimously (12-0) to approve and certify the Santa Monica Mountains Conservancy and Mountains Recreation and Conservation Authority (MRCA) Malibu Parks Public Access Enhancement Plan—Public Works Plan to improve and increase public use of five open space parks owned by the Conservancy or MRCA in Malibu.

The Plan provides for the first public camping ever in the city of Malibu, day-use picnic areas, 17.5 miles of new or improved recreational trails, new parking, restrooms, and two new trailheads.

“The people of California who purchased these parklands have won a major victory,” said Joseph T. Edmiston, Executive Director of the Santa Monica Mountains Conservancy. “This superb plan is the culmination of an effort that goes back 17 years. It owes to the resolution of the board members from both agencies, our public agency partners, and most of all from the outpouring of support from the public at large for increased access to public parks in Malibu. When the plan is fully implemented, 280 campers per night will be able to enjoy the blue water view of Malibu’s coast when they awake─an experience heretofore afforded only those who are residents of Malibu.”

At the Commission hearing in Oceanside, the many speakers in support of the project included public agencies, environmentalists, and community members who will be able to further enjoy nature in the public lands of the Santa Monica Mountains. A group of young people led by Charles Thomas, Executive Director of Outward Bound Adventures, spoke passionately about the value of nature, conservation, and the outdoors to build appreciation of wilderness, self, family and communities for urban youth. “California can lead the way in ensuring that all people have access to nature,” said Thomas.

Several homeowners groups in Malibu have fought to oppose the plan, citing fire danger from use of public parklands and from public camping. For this reason, the Conservancy and MRCA have worked diligently to provide a plan that addresses local concerns including an unprecedented, comprehensive fire protection plan which includes no campfires or smoking at the campsites. The plan also clusters campsites at two parks—Corral Canyon Park and the Conservancy’s Malibu Bluffs Park—near Pacific Coast Highway and away from residences.

The Public Works Plan connects five coastal parks owned by the Conservancy, the MRCA, and the National Park Service—Ramirez Canyon Park, Escondido Canyon Park, Latigo Trailhead, Solstice Canyon Park, and Corral Canyon Park with seven new miles of the regionally significant Coastal Slope Trail. In addition to camping, 12 new day use picnic areas will be created at the parks and many ADA-accessible facilities.

“This (plan) is a really fabulous step forward, and will bring so much public access,” said Coastal Commissioner Sara Wan. “This will really tie together what’s missing in this area in the Santa Monica Mountains for the public.”

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Partnerships: The MRCA is proud of its partnerships and the good that stems from

these collaborations. Our partnerships allow for unique opportunities and programs that otherwise might not be possible. In every edition of Symbiosis, we will feature a different partnership program. This quarter we are featuring our Transit to Trails program.

Transit to Trails Providing Access to Parks and Beaches - By Judy Perez Soto Families load the bus with coolers, beach toys, and adventurous spirits, eager to reach their destination. As the bus gets close to the chosen location, the passengers burst out with oohs and awes as they get their first glimpse of the glistening Pacific Ocean. Moments like this arise on many of the Transit to Trails fieldtrips. For those who participate, these visits to parks and beaches are memorable experiences with their family and friends that might not happen without this program. An avid participant Celia Alvarez said she would be sad if there were no trips because that would mean more time spent at home.

For many Los Angeles communities, access to natural areas is limited due to available transportation and other obstacles.

For over 20 years, the Mountains Recreation and Conservation Authority (MRCA) has provided local communities with opportunities to visit such locations. By providing free transportation and a naturalist as their guide, participants of Transit to Trails can enjoy a day-long visit to a park or beach in and around the Santa Monica Mountains. These families and individuals can spend the day hiking and exploring, learning about the local plants and animals with the naturalist, or simply relaxing with a picnic.

With the help of partnerships, we currently have three pick-up locations. One location is Vista Hermosa Natural Park, which is managed by the MRCA and is located in downtown Los Angeles. At Vista Hermosa, the surrounding community members have become regulars on our trips and truly have made this program Spring 2011 9

a success. By partnering with Anahauk Youth Soccer Association, we have made this program available at Rio de Los Angeles State Park. Our partnership with Anahauk YSA extends far beyond Transit to Trails to include Junior Rangers and a camping program. Lastly, our newest location is at Washington Elementary School, part of the Compton Unified School District and future site of a natural park. This school has been an excellent partner and we hope to continue to strengthen the partnership through this and other programs in their community.

Last year alone, Transit to Trails reached over 1,000 Angelinos.

Sadly with pending budget cuts, this program is becoming more difficult to fund. However, the MRCA is committed to continuing this program. These nature encounters are priceless and can instill a care and love for the land and natural environment that will last a lifetime. This is universal between the older and younger generations. “I enjoy it a lot, the views, walking, seeing trees” says Celia Alvarez. Her grandson David Luna followed by saying, “It’s all about nature, it’s cool seeing all the different animals.”

Mammals of the Sea

By Robin Smith West of the teeming metropolis of Los Angeles, lives a great community under the sea. Dolphins, sea lions and seals are a few of our marine neighbors.

They breathe air, have hair, are warm blooded, give live birth and nurse their young, just like us.

Marine mammals are common to Southern California. You can see them from the Malibu coast, the Channel Islands, and other local beaches.

Some live here year round, others migrate down from the Arctic and Alaska to mate and calf in our warm waters during the fall and spring.

Meet a few of our local marine mammals: Bottlenose dolphin (Tursiops truncates) Bottlenose dolphins are the largest of the beaked dolphins, weighing up to 440 pounds with brains larger than ours. These social animals travel in groups of up to 12 and meet for large dolphin conventions where hundreds gather together. Great communicators, dolphins talk to each other with a variety of vocalizations and clicks. Each one has its own distinctive whistle; this is how they identify each other at a distance. They are their own lifeguards and can help a distressed fellow dolphin breath and reach the water’s surface.

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Gray whale (Eschrichtius robustus) Growing up 50 feet in length and 80,000 pounds, the gray whale can live up to 50 years. Orange whale lice living on this baleen whale’s surface feed on skin and wounds, keeping it clean and healthy. This huge parasite-covered creature is an incredible distance swimmer. During the frozen Arctic winter gray whales migrate down to Southern California and as far south as Baja, the longest migration of any known mammal. Gray whales keep in touch with each other during the journey in a complex language, composed of grunts, clicks, and whistles.

California sea lion (Zalophus californianus) California sea lions are among the most social of our local marine mammals, congregating in groups of hundreds along the shore. They are quite at home lounging on marina docks and buoys, making the most of human beach renovations. Sea lions are among the most vocal of all mammals, communicating in grunts, barks and growls above and below water. When they aren’t making noise, they communicate with postural displays. Although called the California sea lion, they can be found all along the coast of North America.

Swimming in the Pacific surf, lounging on beaches and reefs, marine mammals share our coast and our environmental issues. As our beautiful, natural coastline is being transformed into beachside communities, many coastal wildlife are being displaced and must search for other usable habitat and resting spots. In addition, the beaches are the last stop for LA’s watershed. This means that unfiltered waste from storm drain runoff empties into the Pacific Ocean. Trash from our city street gutters ends up in the ocean, along with litter left on the beach. This pollution takes a toll on the local marine life.

There is a bright side to this situation in that we can all help to turn it around. Here are a few actions we can all take to have cleaner and healthier beaches in California.

• Leave the beach cleaner than you found it – clean up after yourself and pick up trash.

• Keep your neighborhood clean – trash and plastic bags littering streets end up washed down storm drains into the sea. Don’t litter; pick up litter.

• Ditch toxic cleansers – non-toxic, biodegradable products are available and easy to find for most household chores.

• Pick up after your pet – pet waste washes down the storm drains into the ocean, carrying bacteria and disease.

• Support the protection of open spaces – not only do these areas provide habitat for the native plants and animals, but this natural land also help to clean our water, acting as natural filters for the watershed.

Marine mammals are smart, but they need our help (and lacking opposable thumbs, it’s hard for them to pick up litter). Let’s all work together for cleaner beaches, and a do little housekeeping for our marine mammal neighbors.

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Mountains Recreation & Conservation Authority 26800 Mulholland Highway Calabasas, CA 91302

For more information visit: www.lamountains.com www.facebook.com/lamountains

Printed on recycled paper

Featured Coastal Park: Lechuza Beach The State Coastal Conservancy granted the Mountains Recreation and Conservation Authority funds to acquire this spectacular beach property in Malibu, near Matador State Beach. The beach includes exquisite rock formations and views northward up the coast.

Directions: From Pacific Coast Highway in Malibu, take Broad Beach Road southeast. Broad Beach Road connects with Pacific Coast Highway at Trancas Canyon and again about 1.5 miles east (down-coast) of Encinal Canyon Road.

There are two public access points: (1) a stairway marked by a brown park sign saying “Lechuza Beach Access.” This vertical access way goes from Broad Beach Road down to Lechuza Beach and is located opposite a street called “Bunnie Lane.” (2) A pedestrian access gate is located at Sea Level Drive, east of Bunnie Lane. The public has the right to use Sea Level Drive to walk down to the beach. While there is an imposing gate and “private property” sign that blocks Sea Level Drive from vehicular access, that sign does not apply to the pedestrian access gate to the left.

No dogs are allowed on the beach.