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HomeMy WebLinkAboutAgenda Statement 1979/11/13 Item 12 ...- -- CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No. 12 For meeting of 11/13/79 ITEM TITLE Resolution 1 t4( Supporting the National League of Cities and the League of California Cities in their Efforts to Preserve Lake Tahoe SUBMITTED BY City Attorney ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO -2.) The City Council at their meeting of November 6, 1979 requested that a resolution be prepared supporting the position of the National League of Cities in securing legislation to create a preservation district for Lake Tahoe. ... Such a resolution has been prepared. GDL:lgk Agreement_ Other EXHIBITS Resolution X Ordinance Plat - Notification List_ ENVIRONMENTAL DOCUMENT: Attached___ Submitted on FINANCIAL IMPACT N/A STAFF RECOMMENDATION Adopt Resolution BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION 0-4~ ,./ qf\~ by the City COuncil of Chula Vistc> C I'" . '-', adtornla I Dated // -1.j~22. -----j Form A-113 (Rev. 5/77) ,.. ~ EXHIBIT -------,-. CrTY OF SP"W JOSE, CAJ-rFOR~r A 801 NORTH FIRST STREET SAN .JOSE, CA 95110 (408) 277-4237 October 23, -/'/~~:" JANET GRAY HAYES MAYOR Honorable Will T. Hyde Mayor of Chula Vista P.O. Box 1087 Chula Vista CA 92012 Dear Mayor Hyde: As you know, many people from California's cities travel to Lake Tahoe each year to enjoy the majesty and dignity of one of the world's most beautiful and unique mountain lakes. But unless something is done now, much of what we treasure in Lake Tahoe will be ruined forever. Rapid and almost uncontrollable urbanization and sprawl has consumed thousands of acres of forests and meadows and the clean mOllntain air and water is becoming increasingly polluted. Repeated attempts by government to resolve battles between the public and private sectors in the best interests of the lake have failed. And now, Tahoe's environment is predicted to worsen irreversibly if three approved, but unbuilt, gambling casino projects are constructed. That's why I'm introducing the enclosed resolution at the National League of Cities Convention in Las Vegas November 24-28. The resolution calls for the creation of a federally administered Lake Tahoe National Recreation Area and supports a method of public purchase of the unbuilt casino sites. That method would allow sale of federal land in Las Vegas and use part of the ,proceeds to buy land at Tahoe. The plan, conceived by Congressman Philip Burton of San Francisco and Congressman Jim Santini of Las Vegas, appears to be receiving considerable support in both California and Nevada. I'm hoping you'll ask your Council to consider endorsing the enclosed resolution. My presentation would be considerably strengthened if I can show support for preservation of Lake Tahoe from many California cities. Please let me know what action your council takes. Thank you in advance for your help. Sincerely, / JGH/je "A~ Enclosures \) IWRITTEN t;OMMUNICATIONS "-., '. CITY CGU~\CIL 1JEETING "'h~ (;,) /977 Office of JENNIE M. FULASZ, CITY CLERK City O~ ChuQa CVigta CALIFORNIA . , November 15, 1979 The Honorable Edmund G. Brown, Jr. Governor, State of California State Capitol Sacramento, California 95814 Enclosed is a certified copy of the City of Chula Vista Resolution No. 9845 supporting the National League of Cities and the League of California Cities in their efforts to preserve Lake Tahoe. ;J/M~ hl~J~ c, JENNIE M. FULASZ, CMC t/ City Clerk Enc mar /"" 1 '6J./ ~ 276 Fourth Avenue, Chula Vista, CA 92010 (714) __ 575.5041 RESOLUTION REGARDING PRESERVATION OF LAKE TAHOE -~ ~-- ~~ERE^S: Lake Tahoe, located in both California and Nevada, 1S a recreational, wilderness, and scenic area of national importance; and WHEREAS: Lake Tahoe is acclaimed as one of the horld's most unique mountain lakes with characteristics similar to only one other lake in the \\orld, and attracts more visi tors per year than any other recreation area of national, significance in America; and WHEREAS: Over seventy-one percent of the land in the Lake Tahoe Basin is held in public ownership, meaning the Lake Tahoe region belongs primarily to the people of the United States of America as a whole; and ~~EREAS; The environmental quality of Lake Tahoe has declined at an ala~ing rate over the past decade due to rapid and almost uncontrollable urbanization hhich has caused federal clean air quality standards to be violated frequently, water clarity to be reduced by 16 percent since 1970, and over half the meadows in the Basin to be converted to urban use; and ... W~EREAS: The deterioration of Lake Tahoe is predicted to worsen dramatically because of the recent approval of four major gambling casino projects which will double the current population and subsequently multiply the threats to the fragile environ- ment of Lake Tahoe; and ~~EREAS: Repeated attempts have been made by state, regional and local government to manage the competing interests at the Lake in the best interests of the Tahoe Basin, but all have met with dismal failure and continued irreversible harm to the area; and WHEREAS: The inability of these levels of government to adequately protect and preserve the public's resources and investment in Lake Tahoe leaves no other choice except to ask for federal intervention in the management of the Lake Tahoe Basin; and WHEREAS: The cr-eatioTl of a Lake Tahoe National Recreation Area, administen:d by Lhe t.;.S. Department of Agriculture through the U.S. Forest Service could protect Lake Tahoe by giving these agencies authority for management, planning, acquisition and enforcement of zoning and environmental standards in the Basin; and W~EREAS: Congressman Phillip Burton of San Francisco, California and Congressman James Santini of Las Vegas, Nevada, have suggested funding for acquisition of private, undeveloped property and casino sites at Tahoe through federal land sales in Las Vegas, Nevada -- a method which would place more Tahoe acreage in public use and protection without dipping into existing park funds as well as compensate property owners wishing to sell their land; and ~~EREAS: It is the policy of the National League of Cities to advocate preservation of our nation's most precious resources and assure the citizens of our cities continued opportunity to experience the scenic majesty of our country's irreplaceable natural beauty and heritage; NOW, THEREFORE, BE IT RESOLVED by the National League of Cities that the League support legislation to protect Lake Tahoe from further environmental harm through the creation of a Lake Tahoe National Recreation Area; and , BE 1T FURTHER PESOLVED, that th8 National League of Cities endorses and advocates the concept of land acquisition as proposed by Congressmen Burton and Santini in a sincere effort to preserve and protect Lake Tahoe for generations to come. * UNANIMOUSLY ENDORSED BY THE SAN JOSE CITY COU\CIL O~ OCTOBER 9, 1979. ,;- ~ ~~t; " ( " .... ( ~ u. From the Office of Mayor Janet Gray Hayes San Jose, California September 28, 1979 TOWARD RESOLUTION OF THE TAHOE ISSUE p Lake Tahoe, long acclaimed as one of the world's most beautiful mountain lakes, has attracted millions of visitors during the last few decades. But its increased popularity has pushed its environ- mental balance dangerously close to the breaking point. According to a report which will be published this fall by the U.S. Environmental Protection Agency through the Department of Forestry, "evidence ... confirms that every element of the basin environment is deteriorating at an alarming rate... The rate of decline is accelerating more rapidly than any of us expected." The Regional u.S. Forester Zane G. Smith terms Tahoe's condition as "a full.-blown crisis." Clearly, action is needed now to protect the lake. Local officials, as guardians of the interest of American citizens, could be helpful in assuring that the Tahoe Basin remains a national treasure to be valued by generations to come. A brief overview of the Lake Tahoe Basin Lake Tahoe is the largest high-mountain lake in North America, the third deepest on this continent, and one of the clearest lakes in the world. Its unique environmental characteristics are shared by only one other body of water in the world -- Lake Baikal in the Soviet Union. The total land area of the Tahoe Basin is 205,250 acres. Three quarters of this property is lcoated in California and one quarter is located in Nevada. Currently, 71 percent of the land is in public ownership and 29 percent is owned privately. Of the portion owned privately, sixty- six percent of the owners live in parts of California other than in the actual Lake Tahoe Basin. Only twenty-three percent of Tahoe property owners actually live in the basin. These figures indicate that the majority of the Lake Tahoe Basin is owned by the taxpayers of the United States. Millions of tax dollars have already been invested in this land, and commitment by public officials to protect this investment is in order. ......... q'i> 4 .;; ~..~ (' ( Toward Resolution of the Tahoe issue Page 2 However, protection of the lake has been difficult for all levels of government. And while the problems caused by struggles between public and private lake users and battles between California and Nevada persist, the lake continues to deteriorate. Governmental attempts to protect Lake Tahoe The rapid urbanization of the Lake Tahoe region in the early 1960's was alarming. In an effort to control the rapid growth which was occuring, the legislatures of both California and Nevada formulated the Tahoe Regional Planning Compact. It was ratified by Congress in 1969, and was supposed to save the lake from developments which would jeopardize the special and delicate nature of the Tahoe environment. It brought into existence the Tahoe Regional Planning Agency (TRPA) for the purpose of forming a regional plan and adopting ordinances necessary to protect the lake. Unfortunately, it hasn't worked. Even though some larger, potentially harmful projects have been slowed down, urbanization has actually increased. TRPA has approved over 95 percent of the development proposals upon which they have acted since 1971 and almost 10,000 new units have been permitted in less than seven years. Furthermore, under TRPA rules, four major casino projects were approved at Stateline, even though an agency study indicated they would double the present gambling facilities, the number of hotel rooms, and the volume of traffic. According to a University of California research group, the completion of the four casinos would create a need for ten lanes of traffic from the California side of the lake and six from Nevada. Additionally, four multi-story parking garages have been approved this year that, if built together, would be the largest parking facility in the world. The 10,536 parking stalls would provide more parking than the Los Angeles International Airport structures. TRPA has failed because it has three built-in weaknesses: first, local interests have the majority of votes on the board (six out of ten votes); second, voting procedures allow a project to be approved unless a majority of both the California and Nevada representatives turn it down; and third, the rule which deems a project approved if no action is taken on it after 60 days. / ~~ c- ( Toward Resolution of the Tahoe lssue Page 3 In 1973, California officials formed Cal-TRPA primarily out of frustration with TRPA's inability to protect the lake and California's interests. It gave itself veto power over local and state projects on the California side of the lake. Even though it could not reverse prior project approvals, it prohibits local governments from approving any more land subdivisions until the existing ones are 85 percent built. California and Nevada have tried several times to reorganize TRPA, and this spring after ten negotiating sessions, finally worked out a compromise which strengthened environmental protections for the basin. But before ~he compromise could be legally approved, Nevada amended the proposed reformation and passed its own bill which was rejected by California and called "a sham and a fraud." The Nevada Legislature then adjourned and won't be back into session until 1981. Since then Governor Edmund G. Brown, Jr. has vetoed $75,000 in state support for TRPA and legislation will be introduced this fall to pull the state out of TRPA altogether. The two states are currently at a stalemate -- and it's a stalemate which seems impossible to break due to the diverse positions the states hold on issues central to the area's long range plans. Those issues include opposite positions on a development moratorium while a new full-scale plan is drafted; how best to manage and accom- modate an increasing flow of private cars, what to do about expansion of gambling casinos; what restraints to put on potential litigation and enforcement actions; environmental impact reports, air and water quality controls and voting procedures. Suggestions for solutions Some officials have suggested holding a "Camp David" sort of summit meeting on Tahoe with attendance by both governors, senators and the Carter Administration. However, agreements forthcoming from such a meeting would not be binding, and such a session could not hope to tackle the fundamental problems which exist at Lake Tahoe. Others have suggested "limping along" with TRPA for another two years until the Nevada legislature comes back into session and then try all over again to revamp the agency. But two more years of inaction would certainly mean further irreversible damage for the lake. Another suggestion is to allow TRPA to be disbanded and revert to separate management by each state of its own portion of the basin. This approach does not begin to recognize the effect development in one state has upon the other, and that the states are inseparably linked by the lake. q~L\tJ' '~ .... ( ( Toward Resolution of the Tahoe lssue Page 4 A Lake Tahoe National Recreation Area The only suggestion which appears to provide signficant protection for , the lake is the attempt to make the Tahoe Basin a National Recreation Area. This would mean that the U.S. Forest Service would assume responsibility for management of the lake and provide assurances that long-term preservation concerns receive highest priority in decision- making and planning. Authority for management, planning and acquisition would be vested with the Secretary of Agriculture and a new partnership would be formed with the states. The plan would allow for continued State Park management and expansion as well as state air and water board action for the implementation of Federal Clean Air and Clean Water Acts. Control over development, administration and enforcement of zoning ordinances and permits would be vested with the Secretary, which could be delegated to the Forest Service. The legislation to create a Tahoe National Recreation Area would have to be backed up with appropriations to allow the Forest Service to acquire more property in the basin. Approved casino sites should be purchased by the ForestService,and so should the 20,000 privately owned, but undeveloped lots in the basin. Most owners of these vacant parcels will not be able to build on them unless sewage facilities are greatly (and very expensively) expanded, and as a result the owners are forced to pay property taxes on land which will always be vacant. A creative way to fund these purchases was unveiled in August by California Representative Phillip Burton and Nevada Representative James Santini. It would allow the Bureau of Land Management to sell property it owns in the Las Vegas area to the state of Nevada, and then let Nevada sell the property to private interests. The money raised from the sales would be used by the U.S. Forest Service to acquire private land at Tahoe. The plan would provide three positive benefits to the public and to private property owners: one, more land would be acquired for the public and kept in its natural state; two, the owners of the vacant lots would be compensated for their land and relieved of their property tax oBligation; and three, the program can be accomplished without further dipping into the taxpayer's pocketbooks. Supporters of the concept of a Lake Tahoe National Recreation Area include U.S. Regional Forester Zane G. Smith, the League of Women Voters, the Sierra Club, the League to Save Lake Tahoe, the San Jose Mercury and News, the Los Angeles Times and the Sacramento Bee. / q~~~ '-~ ( ( Toward Resolution of the Tahoe issue Page 5 In Conclusion The creation of a Lake Tahoe National Recreation Area seems to be the only alternative left to rescue Tahoe from its current course of deterioration. I respectfully ask other local officials to consider advocacy of this position and help preserve Lake Tahoe for generations to come. / q4~4