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. However, the staff recommendation was to name and classify a new state park. Providing explicit notice of the proposed action would have been simple. Both the obscurity of the notice and the location of the commission meeting created an understandable impression that the changes were cosmetic and would have little impact on the day-to-day use of the property.

2 For those who chose to follow up on the commissions naming and classification of the Park, the staff report provided only the most ambiguous notice as to off-highway vehicle use:

There are extensive trails and old roads to be traversed giving access to most areas of the project. Since there is no soil development within the dunes, damage to vegetation can occur very quickly by off trail uses. Because of this sensitive ecology, recreational activities are limited to trail, road and beach use. Vehicles are not allowed inside the project area except under special supervised conditions.

Following the action of the Commission to name and classify the Tolowa Dunes State Park, there was no attempt to enforce use restrictions. Thus, many people had the justifiable impression that their traditional recreational uses would be allowed within the boundaries of the Park. OHV users were not restricted until October 2005, at which time park personnel began to appear in the parking lot of the county park at Kellogg Road, insisting that people not offload their OHVs. It remains unclear what authority these personnel had on county property.

As it became apparent that the park was considering eliminating OHV use, various meetings were held, none are designed for open public participation. Some local attendees gained the distinct impression from state parks officials that there would be opportunity for deeper dialogue and examination of alternatives. One member of the Board of Supervisors made inquiries as to whether the county could fund the services of an impartial mediator to try to find a mutually acceptable resolution. On February 3rd, 2006, an "event" was conducted at the Elk Valley Rancheria tribal headquarters that was attended by Park representatives and many members of the public. It appears this event, consisting of disparate conversations, was designed to avoid the creation of any record of the public's concerns. Whatever the purpose of the event, the lack of effect was clear when the Park posted its order number 1 - 635 - 88 the following day.

One rather obvious concern, which would have found its way into the record, is the fact that the closing of Kellogg Beach to OHVs would have - and now has had - the effect of displacing OHVs from one location to diverse locations throughout the county. As far as we know, there has been neither a study nor any serious discussion of the environmental effect of this displacement. Anecdotal evidence indicates the effect may be significant.

I draw your attention to Del Norte County ordinance code, chapter 12.02, titled "Establishment of a Consultation and Environmental Review Process for State and Federal Plans, Programs and Projects." This ordinance establishes a protocol for environmental analysis and consultation between state government entities and the County of Del

3 Norte. The ordinance took effect in April 2003. Its purpose is to address the consultative process necessary to enhance environmental, economic, and cultural values within Del Norte County though cooperation and dialogue. It is our belief that neither the letter nor the spirit of this ordinance has been followed in reference to the closure of Kellogg Beach to OHVs.

The Board recognizes legitimate concerns regarding the fragility of the dune ecosystem, as expressed in the 1982 Interim Plan. However, it also seems evident that the Department has recognized that OHV use on the beach itself does not present the same concerns. It is our belief that an internal decision has been made, within the Department, that there is no alternative for the protection of the dune system other than complete closure of the beach to OHVs. We disagree with this determination. We strongly believe that there are alternatives to be explored that would not completely terminate this recreational opportunity.

The Del Norte County Board of Supervisors requests that the Department "return to the table" to engage a community discussion focused on how the Dunes may be protected while OHVs are still allowed to use Kellogg Beach. We believe there are a number of alternatives that may have been rejected without full exploration. By way of examples, we suggest that OHV use might be considered on the beach. area south of Kellogg Road, including County, State, and possibly some private property. We suggest that volunteers may be willing to assist in the policing of a logical boundary. We suggest that the deployment of some physical barriers might work in conjunction with other efforts.

Specifically, we ask that the Department communicate to this Board of Supervisors that the Department is willing to reopen this issue and proposing a specific format for the suggested community dialogue. Until there is a broader acceptance of the restrictions on OHV use, this issue is unlikely to resolve.

The Del Norte County Board of Supervisors stands ready to work with the department and all interested parties to achieve consensus on how best to achieve and balance the values we all support. Please contact me if you want further information.

ar Say^'ipels, Chair Del Norte County Board of Supervisors

Sincerely,

o ert N. B ack, De orte County Counsel

4