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OF DEL NORTE COUNTY ADMINISTRATIVE OFFICE 981 "H" Street, Suite 210 Crescent City, California 95531

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OF DEL NORTE COUNTY ADMINISTRATIVE OFFICE 981 COUNTY OF DEL NORTE COUNTY ADMINISTRATIVE OFFICE 981 "H" Street, Suite 210 Crescent City, California 95531 Phone Fax (707) 464-7214 (707) 464-1165 DEL NORTE COUNTY BOARD REPORT DATE: 4/5/07 AGENDA DATE : 4/10/07 TO: DEL NORTE COUNTY BOARD OF SUPERVISORS ORIGINATING DEPARTMENT: Administration CONTACT PERSON : Jay Sarina, Assistant County Administrative Officer SUBJECT: Response to Blue Ribbon Coalition Request Letter RECOMMENDATION: Discuss possible action as requested by the Blue Ribbon Coalition as it relates to Tolowa Dunes State Park and associated access restrictions. Direct staff to assist as needed. DISCUSSION /JUSTIFICATION: Del Norte County has previously corresponded with California State Parks over Off-Highway Vehicle access restrictions imposed on land adjacent to and within Tolowa State Park without adequate public due process. The board of Supervisors previously requested State Parks reopen the issue and propose a specific format for the suggested community dialogue. The California Department of Parks and Recreation replied to that request nine months later and has indicated that they feel their staff took adequate steps to invite public discourse on the issue. No additional action was proposed. The Blue Ribbon Coalition has requested the County take appropriate formal action in support of recreationists to address issues at Tolowa dunes State Park and Kellogg beach. The Del Norte County Board of Supervisors has taken steps to reopen the issue and involve the public with no cooperation from State Parks. "Preserving Our Natural Resources FOR The Public Instead Of FROM The Public" April 5, 2007 (Sent via US Mail and Electronic Transmission) Supervisor Gerry Hemmingsen Del Norte County Board of Supervisors 981 H Street Crescent City, CA 95531 Re: Tolowa Dunes/Kellogg Beach Dear Supervisor Hemmingsen: Please accept this communiqu6 from the BlueRibbon Coalition (BRC) as an official request to the Del Norte County Board of Supervisors that they take the appropriate formal action and direct staff to address access issues at Tolowa Dunes and Kellogg Beach. As you know, BRC is concerned about the serious lack of any legitimate public-due- process associated with the "creation" of the new state park at Tolowa Dunes. BRC believes that good decision-making by state parks must include substantive involvement by local governments and other stakeholders. At this point, it appears that core tenet has not been followed and public access has suffered. Again, BRC urges Del Norte County to review this issue and take the appropriate action and be prepared to work with recreation and access interests to restore integrity and public trust to the state's decision-making process at Tolowa Dunes and Kellogg Beach. Respectfully submitted, Wor Mx"Oq Don Amador Western Representative BlueRibbon Coalition, Inc. 555 Honey Lane Oakley, CA 94561 Office: 925.625.6287 State of California • The Resources Agency Arnold Schwarzenegger, Governor DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 • Sacramento , CA 94296.0001 Ruth Coleman, Director January 4, 2007 Sarah Sampels, Chair County of Del Norte Board of Supervisors 981 "H" Street, Suite 200 Crescent City, California 95531 Robert N. Black, County Counsel County of Del Norte Received 981 "H" Street, Suite 220 Crescent City, California 95531 JAN 0 9 2007 bbor'd Of rs Dear Chairperson Sampels and Mr. Black: V,0"" '`O1 NO'S Re: Off-Highway Vehicle Use at Tolowa Dunes State Park This correspondence replies to your letter of April 12, 2006 addressed to me and Director Ruth Coleman regarding off-highway vehicle use at Tolowa Dunes State Park. First, I apologize for not responding sooner. I did not realize that there had not been a response until Supervisor-Elect Hemmingsen brought it to my attention during a meeting in Sacramento the week before Christmas and secured for me another copy of the letter. I believe I had more than one letter from Del Norte County on related subject matter on my desk at that time and assumed I had responded to them all. Again, please accept my apology. To get right to the heart of your letter, the Department of Parks and Recreation (Department) does not intend to revisit the policy issue of recreational off-highway vehicle use at Tolowa Dunes on the worm trail or in the dunes at this time. Additionally, the Department stands by the North Coast Redwoods District's (District) order to allow vehicular use only on the wave slope north of Kellogg Road and only by street-legal vehicles. I am truly sorry you believe public discussion of these operational issues was insufficient. District staff took what it believed were adequate steps to invite public discourse of the issue. These operational decisions, made within the framework of both' the 1982 Lake Earl and Tolowa Project Interim Plan for Land Use and Management and the 2001 classification of Tolowa Dunes as a State Park, were made neither quickly nor lightly. Sarah Sampels Robert N. Black January 4, 2007 Page Two While Del Norte County Ordinance Code chapter 12.02 is not enforceable against state government entities, the Department believes it has complied with the spirit of the law. I have also shared my thoughts on the matter, including what I believe are the legitimate bases for the decision, with the supervisor-elect, as well as with Supervisor McNamer and Assistant County CAO Sarina, during a chance meeting in Sacramento on December 21. While I recognize the Board's disagreement with the District's order, we remain committed to working with Del Norte County on issues of mutual benefit and concern. If you have any questions or concerns regarding this correspondence, I can be reached at (916) 653-6884 as needed. Sincerely, Bradly S. Torgan, AIC General Counsel cc: Ruth Coleman, Director Theodore Jackson, Jr., Deputy Director, Park Operations Steve Horvitz, Superintendent, North Coast Redwoods District Bruce Lynn, Superintendent, North Coast Redwoods District-Redwood Coast Sector COUNTY OF DEL NORTE Board of Supervisors 981 "H" Street, Suite 200 Crescent City, California 95531 Phone Fax (707) 464-7204 (707) 464-1165 April 12, 2006 Bradley S. Torgan, Esq. Chief Counsel California Department of Parks and Recreation 1416 Ninth Street 14th Floor Sacramento, California 95814 Ruth Coleman, Director California Department of Parks and Recreation 1416 Ninth Street 14th Floor Sacramento, California 95814 Re: Process leading to the restriction of off-highway vehicles on Kellogg Beach, Tolowa Dunes State Park. Dear Director Coleman and Chief Counsel Torgan: This letter expresses the concerns of the Del Norte County Board of Supervisors about the process by which state parks arrived at a decision to effectively eliminate off-highway vehicles (OHV) from Kellogg Beach. In summary, it appears that public input and informed decision making were minimized. Our primary concern is to rectify the lack of public input and to insist upon the consideration of alternatives to the complete closure of the beach to OHVs. Our concerns extend additionally to the closure of the areas south of Kellogg Road to street legal 4-wheel drives. There is no disputing the fact that OHVs have been allowed on Kellogg Beach for decades. The April 1982 interim plan for land use and management of state lands jointly prepared by the Department of Parks and Recreation ("Department") and Department of Fish and Game acknowledges the historic use of the beach and the dunes by OHVs. On page 14, the plan states: 1 Present recreation use of the project lands is low in intensity yet diversified as to types of activities. Primary activities include hiking, horseback riding, hunting, fishing, nature study, off-road vehicle use, boating and target shooting. With adequate controls as to the intensity and location, there is no apparent reason that these uses, as well as several additional uses such as camping and picnicking, should not remain compatible with other management objectives. Because of erosion, off-road vehicle use has proven to be incompatible in locations other than along the beach frontage. (Emphasis added.) The County has been unable to determine the legal status of this 1982 plan. However, the plan has been cited by sources within your department as the document that provides public notice of the Department's intentions to restrict OHV use within Tolowa Dunes State Park. It is also unclear whether the 1982 document, and its policy recommendations, were subject to environmental analysis. We can find no history of this plan that indicates the county or local residents were consulted. The so-called Lake Earl project was apparently formed in the 1970s, likewise without any significant or public local involvement. The lack of environmental analysis of the use restrictions the department has recently enforced is confirmed by the environmental impact report, dated June 27, 1978 for the "Acquisition at Lake Earl and Lake Tolowa -- Department of Parks and Recreation." That document contains no discussion of either the restriction or the expansion of uses in the acquisition area as a result of the Department's acquisition. This left the understandable impression that the "Lake Earl Project" did not entail significant changes in use. From the period of the 1982 interim plan to 2001, there do not appear to have been any use restrictions enforced by the department. If there were rules made or restrictions imposed, these were accomplished without public notice, at least to the knowledge of anyone who has come forward. In 2001 the Parks and Recreation Commission adopted a recommendation to name and classify the Tolowa Dunes State Park, as such. This action remains highly controversial because of the plainly inadequate public notice that was published in Del Norte County. The published notice referred to an agenda item on the Lake Earl project, to be discussed at a commission meeting held in Eureka.
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