Update of Action by the Conservancy - The following is as written by the San Joaquin River Conservancy. Note Numbers 250.20 and 260.40, Agenda Item, Item F-2. This Memo is dated March 9, 2006, although I have seen it on March 5, 2006.

TO: San Joaquin River Conservancy Governing Board

From: Melinda S. Marks, Executive Officer

Subject: Preliminary Authorizations to Proceed with the Recommendations of the Sycamore Island Fishing Task Force

RECOMMENDATION: It is recommended the Board consider the recommendations of the Sycamore Island Fishing Task Force to recommence public fishing and direct staff to return in May with formal requests to authorize necessary funds, authorize agreements, and ensure compliance with the California Environmental Quality Act (CEQA).

SUMMARY: Sycamore Island has been a privately owned public fishing area for many years. The site was open for fishing and camping on weekends, February through October each year. The facility has several rather rudimentary boat launches into the ponds and the river. Now that the site is in Conservancy ownership, fishing has not been opened for the season while site management services are secured, improvements necessary to protect the environment and public health and safety are made, and permits, approvals and CEQA compliance are secured. The Conservancy has logged 17 inquiries from citizens about reopening the site , and is working to reduce the trespassing occurring on the site by those who seek to fish while the site is closed.

In order to shape an approach to reopening Sycamore Island for public fishing and to secure stakeholder involvement and advice, the Conservancy created a working group called the Sycamore Island Fishing Task Force. The group met on February 17 and 24, 2006, and by consensus arrived at recommendations for reopening the site.

The group, which included fisherman who favored the area, RiverTree Volunteers and San Joaquin River Parkway and Conservation Trust representatives, Dr. Duane Furman from the Conservancy Board, and Conservancy staff, were very motivated to reopen the site for public fishing this season. The committee encourages keeping services and physical improvements for this year at a level directed only at reopening the site with least delay. Some services, such as camping and campfires, are proposed to be discontinued to minimize management problems. Capital improvements and services to fully optimize the use of the site to meet additional Parkway objectives or to be open additional hours are recommended to be implemented in the future after additional planning. The process necessary to adopt rules and regulations to enhance enforcement is proposed to occur concurrently.

Detailed findings of the Task Force regarding recreation services, regulations, site management, capital improvements, coordination with other entities, and environmental compliance are presented in the discussion section.

The consensus of the group is summarized as follows:

1) Create an interim pilot project with the San Joaquin River Parkway and Conservation Trust to provide services through a no-bid agreement. Services would be provided on a user-fee basis, with the Parkway Trust collecting per car and per boat-trailer fees to cover the costs of waste management, sanitation, site oversight, and visitor information. The Trust would also operate a snack stand with bottled drinking water for sale and receive all proceeds. The Trust would provide insurance coverage for the recreation services, and would have visitors sign use waivers. The remainder of the 2006 fishing season would be used to evaluate viability of a user-fee based operation, service levels, and optimum hours of operation. It appears based on preliminary inquiry that a no-bid agreement for a less-than-two-year period pilot project and a user-fee-based operation are legally allowable; however, this aspect needs further legal review.

2) Install those temporary and permanent capital improvements necessary to protect the property and public health and safety. Install signs, picnic tables, and parking and traffic circulation controls, identify handicap access. Rely on portable toilets provided by the Parkway Trust until permanent vault toilets can be sited and installed. Avoid changes in the short term to boat launches, which would trigger permitting requirements. Use a trailer for snacks and entrance fee collection, stored in the warehouse on-site. Prepare a request for authorization for bond funds to be approved by the Board in May and the Wildlife Conservation Board in August. Initiate a master plan process to identify and implement long-term capital improvements.

3) Keep all short-term activities and improvements within Categorical Exemptions allowed by CEQA, i.e., provide for continuation of existing public fishing uses, with only minor physical improvements which do not increase or change the capacity. Secure a lease from the State Lands Commission as necessary to use the culvert over the north channel and the boat launches.

4) Release a request for proposals to secure the best qualified, most beneficial long term service provider or concessionaire by the beginning of the 2007 fishing season. This process is estimated to take five or more months.

DISCUSSION: The Fishing Task Force consisted of Duane Furman, Conservancy Board; Richard Sloan, RiverTree Volunteers; Dave Koehler, Sharon Weaver and Saundra Plett, San Joaquin River Parkway and Conservation Trust; Conservancy staff; and John Anderson and Jim Brunton, members of the public and fishing enthusiasts. Mr. Anderson has retired from, and Mr. Brunton is employed by the County of Fresno Department of Community Health, Environmental Health System. Other participants were unable to attend the scheduled meetings, including Dale Mitchell of the Department of Fish and Game and Jess Cooper and Albert Orozco of the State Department of Parks and Recreation, who previously met with Conservancy staff in the field and provided advice. The Conservancy has also compiled a list of interested parties who will receive this report in the mail prior to the board meeting.

Recreational Opportunities

The Task Force focused on resuming the established fishing activities, eliminating those nonessential activities most likely to create management problems. With that in mind, they recommend:

* Opening the site from dawn to dusk on Saturdays, Sundays and holidays, February through October; alternative hours of operation would be dawn to noon or 5:00 pm.

* Discontinue camping and campfires (the committee did not reach a consensus on providing or allowing the use of barbeques or gas stoves).

* Eliminate vehicle access to some of the secondary roads on the site. Create a limited number of controlled parking areas.

* Continue to allow access to most of the several boat launches on the site, but require parking to be in areas away from the boat launches. Charge fees for boat trailers. Encourage canoes, kayaks, and small electric motor boats.

* Take advantage of opportunities to maximize American with Disabilities Act accessible fishing areas and trails.

* Fish populations have been self-sustained. Monitor fish catches and possible negative impacts of the lack of flows in the north channel.

For the long term the site lends itself well to extensive universal access, development of hiking and mountain biking trails, picnic shelters, habitat enhancement and restoration, improved fishery management, fishing events, and possible concessions for additional recreational services.

Rules and Regulations

The Task Force recognized that rules must be well posted and visitors must be well educated and informed. The capability to take formal action to enforce rules will be limited until regulations or local ordinances are adopted. The Task Force recommends:

* Prohibit campfires, and possibly all barbeques and stoves. Although campfires at the site have been a valued tradition, the nearby urban area makes wildfire an unacceptable risk.

* Prohibit camping. Many have long enjoyed camping at the site; however, campers were locked in at night and were not supervised. It would be difficult to continue to provide camping at the site without incurring management and oversight problems.

* Possibly prohibit alcohol. The prohibition of alcohol may be difficult to enforce, however, if it is allowed and later prohibited it will prove even more difficult. The City of Fresno prohibits alcohol in its Parkway facilities, while the counties allow it. Whether or not to allow alcohol should be considered Parkway-wide.

* Pets should be prohibited or allowed only on leash to protect the public, wildlife, and the pets from fishhooks, etc. Owners must cleanup pet wastes.

* Public use boundaries should be posted. Limiting the more distant ponds to walk-in will create a buffer with the neighbor to the west.

* Require signed use waivers and identify "hazard" areas that cannot be used by those under 16 who are unsupervised.

*No weapons or shooting will be allowed.

* Prohibit the off-road use of vehicles, including all terrain vehicles, motorbikes, and mountain bikes.

* Anticipate that the law enforcement response time may be prolonged at this location.

Fishing Program Services

State procedures to allow no-bid agreements for services with non-profit providers and for pilot project need to be thoroughly reviewed. Under the proposed partnership/pilot project with the Parkway Trust they would be required to:

* Collect fees for management services at the level necessary to recover expenses; for the pilot project it is proposed the Parkway Trust would collect $8- $10 per vehicle and $8- $10 per boat trailer (which approximates the Moen's fee levels) and retain all earned funds to pay for Parkway operations at Sycamore Island. The fee revenues might also supplement the public recreation services the Trust provides at Camp Pashayan.

* Sell water, snacks, and bait; prepackaged food and drinks only; no alcohol.

* Secure signed use waivers and commitment to follow rules from visitors; oversee conduct at the site; perform outreach and education; ask visitors who disobey rules to leave the site.

* Provide and maintain portable restrooms.

* Provide and maintain trash collection; pick up litter.

* May use the scale house and warehouse for storage, refrigerators, and an office; pay associated utilities.

* Could provide canoe and kayak rentals if liability insurance allows.

* Provide liability insurance.

* Maintain adequate radio or cell phone capabilities at the site for communications among Parkway Trust employees and management, local enforcement agencies, etc.

* Clear and lock the site each day of operation.

* Canoeing, education, and interpretive programs would be optional.

Capital Improvements

The Task Force focused on those improvements essential to maintaining and managing the existing fishing uses, with more extensive improvements to follow as planning, funds, and permits allow:

* Install signs necessary for the entrance, parking areas, site boundaries, controlling vehicle access, marking trails, marking handicapped access, etc.

* Make no improvements to boat launches, recognizing that future improvements will require plans and permits.

* Install two vault restroom facilities above the 100-year floodplain as soon as they can be authorized and ordered; otherwise rely on portable toilets throughout the site. Use waterless wash stations.

* Install picnic tables.

* Although there is a well on the site, it is not recommended to provide public drinking water due to monitoring and water quality requirements.

Future more extensive improvements such as picnic shelters, paved paths and access ramps, and boat launch stabilization, will require planning, environmental review, and permits.

Coordination with Other entities

The Conservancy's plans to reopen the site need to be coordinated with the County of Madera, including the traffic, planning, and the sheriff's departments, the Department of Fish and Game wardens and ecological managers, State Lands Commission, various state administrators, and others. Bass fishing organizations represent an untapped support group; outreach efforts will include these groups.

Compliance

As discussed previously, CEQA compliance must be accomplished before the Board takes formal action to approve the proposed Parkway Trust agreement or fund minor improvements. It is currently planned to proceed only with those actions exempted by CEQA. It is possible an Initial Study may be required, adding approximately six months to the timeframe for reopening the site. No changes requiring streambed alterations or the discharge of fill to waters of the U.S. are proposed at this time; however, any improvements to the boat launches to stabilize the sites would trigger these requirements. Staff will apply to the State Lands Commission to secure a lease to use the north channel culvert and boat launches within the state sovereign lands.

Workplan

Subject to additional investigation into state contracting requirements, itemized costs, and other details, staff will return to the Board at the May meeting with the following requests:

* Approve a one-year services agreement for the Parkway Trust to provide fishing program services at Sycamore Island as a pilot program, beginning as soon as possible this season, using temporary project signs, portable restrooms, temporary vehicle barriers, etc., until permanent improvements are funded and installed.

* Approve specific minor capital improvements, authorize funding, and request the Wildlife Conservation Board to affirm the funding at their August 2006 meeting.

* Take these actions only if they are found to be categorically exempt from CEQA as minor project serving existing uses with no increase in capacity. Otherwise, postpone action until CEQA reviews are complete

* Authorize staff to proceed to develop a Request for Proposals to secure program services for fishing operations to begin in the 2007 season.

It is anticipated staff will later return with a scope of work for master planning for long term habitat enhancement and public recreation at Sycamore Island.

**END **

Attachment to Memo Follows

Letter from the San Joaquin River Parkway and Conservation Trust, Inc.

March 2, 2006

Melinda Marks, Executive Officer, San Joaquin River Conservancy, 5469 E. Olive Ave., Fresno, CA 93727

Subject: Sycamore Island Fishing Operations

Dear Melinda:

I'm writing in follow-up to express our interest in providing the support services you've outlined for Sycamore Island Fishing Operations. We are motivated by the opportunity to provide public fishing and wildlife viewing access.

Should the Conservancy Board approve your recommendations, we will welcome the opportunity to craft such a partnership. We see the pilot approach as an execllent way to build upon our experience with operating Camp Pashayan and to develop a useful tool in the overall challenge of operations and maintenance.

Sincerely,

Dave Koehler, Executive Director

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