imtnbke 
Member since Oct 29, 2008


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Re: “Popular Fremont Hiking Spot for Selfies Prompts Parking Lot on Sacred Land

Dear Cat Wilder -- Thank you for taking the time to reply to my comment.

I know the Obama administration did that, and I won't be surprised if our state Assembly and the city of Berkeley did something similar, as you state.

However, none of those actions carries with it the force of law as regards EBRPD or the city of Fremont. They're simply expressions of sentiments, like letters to the editor of a newspaper.

At the federal level, first the U.S. would have had to sign the treaty (we didn't) and the Senate would have to ratify it (but it can't take any action, since there's no treaty to ratify). The Obama administration's endorsing UNDRIP has no legal effect by itself. It might have some practical effect of dubious legal legitimacy, since President Obama lately has taken it on himself to decree laws on the ground that Congress won't do as he wishes, an attitude I think George III would have admired. Naturally, the courts keep finding his decree-laws unconstitutional, but I imagine he and President Clinton will keep trying.

At the state level, the Legislature would have to enact and the governor sign a bill putting UNDRIP into effect. An Assembly joint resolution wouldn't be enough.

As for Berkeley, I don't know if the city action carries the force of law, but if so, it can't apply to either EBRPD or Fremont.

Posted by imtnbke on 10/22/2016 at 8:39 PM

Re: “Popular Fremont Hiking Spot for Selfies Prompts Parking Lot on Sacred Land

Re the article's recital that parking opponents "noted that the 2007 United Nations Declaration on the Rights of Indigenous People requires governments of signatory nations to obtain 'free, prior, and informed consent' from tribal leadership for projects that impact indigenous cultural heritage": the United States is not a signatory nation. We voted against the UNDRIP treaty and it has no legal force in this country. Even if we'd voted for it, the U.S. Senate would have to have ratified it for it to have any legal effect, and the Senate hasn't done so (naturally, inasmuch as it hasn't had to even consider the question).

https://en.wikipedia.org/wiki/Declaration_…

Posted by imtnbke on 10/21/2016 at 3:26 PM

Re: “Popular Fremont Hiking Spot for Selfies Prompts Parking Lot on Sacred Land

Jose Perez, the problem is at the Stanford Avenue trailhead, not the Ohlone College one. Making it more expensive to park at the Ohlone College trailhead will worsen, not improve, the situation at Stanford Avenue.

Posted by imtnbke on 10/21/2016 at 3:15 PM

Re: “Popular Fremont Hiking Spot for Selfies Prompts Parking Lot on Sacred Land

I am an EBRPD volunteer bicycle trail patroller. Here is the situation:

1. About two or three years ago, Fremont's large Asian and South Asian communities discovered Mission Peak. Theretofore the preserve got little visitation. Mission Peak outings have become the thing to do on weekends for those two ethnic communities. The phenomenon has been written up in The New York Times (see below).

2. As a result of this discovery, thousands of people are becoming more physically fit, seeing the snow-capped Sierra Nevada (yes, from just above Fremont), and acquiring conservation and recreation values.

3. The Stanford Avenue staging area is the main one. It has space for maybe 20 cars, which worked when hardly anyone went to Mission Peak.

4. Now, however, people are parking all over the nearby residential neighborhoods starting at 6 a.m. on weekends, or even earlier. They make noise. Their dogs bark. Their car alarms chirp. No one can sleep past 6 a.m.

5. If you ban parking in those neighborhoods, you consign thousands of people to not visit Mission Peak, sit on couches, lose interest in parklands, and gain weight.

6. So the parking lot is absolutely necessary.

7. I bet my house and the houses of most people reading this are on some sort of Native American sacred land. Probably the whole Bay Area is sacred land. Are we offering to return our homes to Native Americans? No.

That said, I have proposed to EBRPD that it contract with a private shuttle company to run a frequent shuttle to the trailhead from Mission Boulevard. A large parking structure could be built on or near Mission Boulevard and a shuttle service would take people up for perhaps $2. I think it would be a big moneymaker for a shuttle service whose business is imperiled by Uber. That could be the solution.

http://www.nytimes.com/2014/11/05/us/in-cl…

Posted by imtnbke on 10/21/2016 at 3:10 PM

Re: “Fighting for Their Right to Bike

It's true, these aren't really parks for people or native species of flora and fauna, they're taxpayer-subsidized cattle ranches. There's a website with lots of pictures of the problem. http://www.NoOnMeasureWW.org

Posted by Ted Stroll on 10/29/2008 at 10:49 AM

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