Lake Tahoe Summit, Letter To Elected Officials
To:
Governor Steve Sisolak
Cc:
White House National Climate Advisor Gina McCarthy
U.S. Senator Jacky Rosen (D-NV)
U.S. Senator Catherine Cortez Masto (D-NV)
U.S. Senator Dianne Feinstein (D-CA)
U.S. Senator Alex Padilla (D-CA)
Nevada Governor Steve Sisolak
U.S. Representative Mark Amodei (NV-02)
U.S. Representative Tom McClintock (CA-04
TRPA Governing Board
RE: Lake Tahoe Summit, Tuesday August 16, 2022
Dear Governor Sisolak, Elected and Appointed Representatives:
While I appreciate your participation in the 2022 Lake Tahoe Summit, it is with sadness that I write to you today.
Based on the UC Davis 2022 State of the Lake Report, it is apparent that Lake Tahoe is in a virtual environmental freefall and out of “Equilibrium” and “Harmony” as required by the Bi-State compact. Some say Lake Tahoe is in crisis.
Among other realities called out in the report, Algal growth has increased “six-fold” over the last 50 Years and fine particles are the highest on record.
Any reasonable person can agree, since the Bi-State Compact was adopted 53 years ago in 1969, the Tahoe Regional Planning Agency (TRPA) policies, procedures, approved projects and now endless government grants and entitlements are not working and continue to place the waters of Lake Tahoe in increasing peril and crisis.
Unfortunately, billions of Federal and State dollars spent on TRPA and its government “partner” studies and projects have failed to protect our cherished clarity.
Additionally, ever increasing TRPA pro-growth project approvals create cumulative, over capacity impacts which are imperiling the health and safety of Lake Tahoe residents and visitors alike by failure on the part of the TRPA to address safe, timely and effective wildfire evacuation.
Therefore, as a resident of the Nevada side of Lake Tahoe Basin, I request your support and leadership for the following suggested short- and long-term actions:
Immediate Short-Term Action
1. Please oppose the dangerous new TRPA plan to approve height, density, and coverage changes in its Code of Regulations. These code changes are in contradiction to TRPA’s mandate to preserve and protect Lake Tahoe and return lake clarity to 1960 levels.
This dangerous march toward increased density, height and coverage is based on a misguided false narrative, and subjective agenda driven studies that support the construction of 4,500 more homes in the Lake Tahoe Basin.
The proposed TRPA Code Changes, as well as TRPA Governing Board direction given during their stated-on July 27, 2022, Governing Board meeting:
Increase density inside and outside town centers from 25 to 40 units per acre. Outside a town center -15 to 25 units per acre. All multi-family lots could have three units per lot.
Coverage would increase from 35% to 70%.
Height would increase from 3.5 stories to four stories or more.
2. Oppose any attempt of the TRPA to impose or further allow Accessory Dwelling Units (ADU’s) on the Nevada side of the Lake Tahoe Basin and oppose any attempt to change Nevada Law to allow ADU’s.
The concept that ADU construction will promote more workforce and/or low-income housing needs is a misguided false narrative, arbitrary and capricious.
There is no substantial evidence or data to support the concept that ADU’s will have any impact on providing such housing. Housing costs are guided by market valuation and the TRPA, and its “partners” have failed to understand the true metrics of the real estate market pricing process.
ADU’s will only increase basin human capacity resulting in greater environmental impacts exacerbating the environmental crisis facing the Lake Tahoe Basin as detailed in the 2022 State of the Lake Report.
3. Based on the dire contents of the 2022 State of the Lake Report, please support placing a temporary eighteen month pause (moratorium) on all new public projects over one million dollars, private commercial projects over 5,000 sq. feet, multifamily residences over four units, except for deed restricted housing and on all TRPA increased height, density, and coverage code changes.
This, until a complete Lake Tahoe Basin cumulative impact analysis can be completed to:
Analyze the cumulative basin wide environmental impacts of all proposed, planned and currently approved public and private projects including, since said projects after the adoption of the 2012 Regional Plan and for all currently approved or planned commercial and public projects outside of and within twenty miles of the Tahoe Basin.
Analyze the cumulative basin wide environmental impacts resulting from the adoption of the 2012 Regional Plan. This, considering the failure on the part of the TRPA to monitor the cumulative environmental impacts of all projects including since the adoption of the 2012 Regional Plan.
Cumulative impact is the impact on the environment which results from the tyranny of incremental impact of small decisions when added to other past, present, and reasonably near future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts result from individually minor but collectively significant actions taking place over a period of time.
Historical Note:
The increased height, density and coverage of the 2012 TRPA Regional Plan was highly controversial, and the TRPA has failed to monitor the true resulting cumulative environmental impacts of the 2012 regional plan. Now, the TRPA wishes to increase height, density, and coverage further once again. This should not be permitted by our elected and appointed government officials.
4. Support placing a temporary eighteen month pause (moratorium) on the permitting of all Short-Term residential rentals and seek code changes to dramatically reduce current short-term rentals within the Lake Tahoe Basin.
This, until a complete Lake Tahoe Basin and neighborhood cumulative impact analysis can be completed to determine the cumulative environmental impacts of all Short-Term residential rentals within the Lake Tahoe Basin.
5. Join numerous public agencies supporting bi-partisan Federal legislation introduced by California Representatives McClintock and LaMalfa to put an end to purposely grown wildfires and escaped prescribed burns. The legislation directs the U.S. Forest Service to immediately suppress wildfires on National Forest System lands and put an end to the policy of letting fires burn.
Please take partisan politics out of this dangerous and environmentally damaging practice and support and enhance the bill by adding its requirements to the Bureau of Land Management and the Parks Service.
According to the 2022 State of the Lake Report:
Wildfires are an increasing presence, even when they are not burning within the basin.”
“Fine particles reduce visibility and cause the air quality to reach dangerous levels that impact public health and the lake in many ways.” “One way is believed to be the change in phytoplankton species and vertical distribution in the lake, noted above.”
Its time the TRPA stand up to its “USFS “partner,” BLM and the Park Service and demand that agencies stop the practice of purposely growing fires for subjective forest resource purposes of which process prioritizes subjective forest health over massive and tragic public health, safety, and property damage impacts.
Long-Term Action
1. Support changes in the TRPA Code of Procedures and Ordinances to adhere to the National Environmental Policy Act (NEPA) when considering project approval and code changes.
Without the requirement that TRPA adhere to the NEPA process, TRPA is aware and understands they can, to their advantage, approve projects without requiring a basin wide cumulative impact analysis. Nor are they required to provide advance public noticing of “intent” which allows a more reasonable public noticing process and timeframe, ensuring adequate and fair public input during project “scoping.” This additional public noticing would trigger the NEPA environmental review process that requires standardized public involvement, which is currently void with the current TRPA environmental improvement process.
Historically, avoiding the NEPA process has granted TRPA unparalleled power to adopt and approve any project they wish without an adequate basin wide environmental cumulative impact analysis.
Adoption of the NEPA process would help ensure additional and adequate public and environmental protection challenge processes including additional appeal and alternative dispute resolution processes which TRPA does not allow.
Currently the TRPA administrative appeals process prevents adequate public appeals and forces organizations and citizens to expend their own money by being forced into court.
The long-term basin wide cumulative environmental impact analysis failure on the part of the TRPA is driven using a "sham" environmental checklist which is often completed by TRPA staff acting on their own without advanced public notice and void of “substantial data.” This allows TRPA to circumvent the process of ensuring that basin wide environmental cumulative impacts are analyzed.
As an example, TRPA recently approved a 40 Unit Condominium project within the Lake Tahoe Basin Third Creek Watershed and approx. ¼ mile from Third Creek without a public hearing, utilizing their “consent calendar” approval process. This despite TRPA Code of Ordinances Section 2.2.2 B.2. a. Hearings Officer which states:
Residential projects involving the following require review and approval by the Hearings Officer:
a. multi-residential and employee housing greater than four units.
This disregard for an adequate public hearing and environmental review on the part of the TRPA should not be allowed to stand. Please require TRPA to adhere to the NEPA process. This would not require a change in Public Federal Law, but simply a change in the TRPA Code of Procedures and Ordinances.
2. Cease the use within the TRPA, of the organizational process system known as “Leading Small Groups” (“LSG’s”).
The TRPA appears to have adopted and accelerated a social change process system strikingly similar to what is known “Leading Small Groups” (LSG’s), which meet behind closed doors, out of the public view, to craft plans and effect agenda driven change impacting the long-term quality of life and environmental integrity within the Lake Tahoe Basin.
Through this LSG change process, damaging code changes adding capacity, density, coverage as well as significant public and private projects, massive trail and transportation projects and endless federal funding for these projects and agenda driven studies are suddenly transformed by the TRPA process, to now be considered “environmental improvements.”
Historically, Leading Small Groups (LSG's) have operated as government interagency executive committees, within a hierarchical system working to impose ideological or agenda driven change, cutting across regulatory boundaries and often functioning with assumed or self-declared quasi authority granted by a central or controlling power.
In the Lake Tahoe Basin over the last 10 years, significant increased numbers of government “partner” committees, sub-committees and working groups, under TRPA leadership, appear to be operating as LSG's. These LSG’s come and go depending on their usefulness to the TRPA change agenda at hand.
This includes "non-profit" organizations, otherwise known as "Non-Governmental Organizations" (NGOs) of which TRPA Board members (several of whom are also County Commissioners) serve as in Board of Director roles within the NGO's.
In this way, TRPA leaders can ensure funds earmarked for projects, plans and studies are quietly funneled to and through the NGOs from a variety of sources directly or indirectly. Results from quietly government funded studies are rolled out to the community by "Collaborative Government and NGO Partners” creating the illusion that government and TRPA agencies have adopted a sound policy of, by, and for the public based on the perception of sound public process “Partnering” and party-controlled messaging. Quite the opposite is often true.
LSG committees, sub-committees and working groups give the outward impression of having broad representation during their deliberations, but the truth is that LSG's are made up of sympathetic members of the small group in power, and in the case of the TRPA, specific “government partners” and favored “partner” NGO's.
What is missing is true meaningful community involvement. Instead, the process is deceptive in nature as public officials and agencies give approvals for projects that have been privately evaluated and funded through closed-door government “partner” and NGO "LSG" collaboratives.
Additionally, some NGOs seem to have been able to skirt the grey area of whether they are classified as "Public Body's" under the California and Nevada Open Meeting Laws.
As the pre-established TRPA project or study to effect change works its way through the working group, committee, and subcommittee daisy chain process it gains increased credibility, legitimacy, and acceptance. By the end of the committee process, propped up by media messaging, any multi working group, committee or sub-committee proposed change has usually garnished unquestioning acceptance by lawmakers and agencies making it easy to be adopted via a presumptive “rubber stamp,” at which time it becomes adopted as law, ordinance, or project.
The public is usually overwhelmed by the rapid speed at which a given governmental or agency ideological change moves through the TRPA small group and favored committee process, often with only a few days’ notice for public comment.
It is the norm for government and TRPA staff report packets to run between 200 to 500 pages, such as those posted on the TRPA website only a few days before any given public meeting, making it impossible for the average citizen to read or comprehend much of the content. Further, these staff reports are proliferated with unclear daunting government acronyms and extensive staff storytelling, making it difficult for the lay person to understand.
After LSG’s serve out their mission (i.e., public indoctrination and acceptance in preparation for the predetermined government outcome culminating in agency vote), they either seemingly disappear from the TRPA and public radar or gain even more traction depending on their need to promote the massive open spicket of federal funding flowing into the Lake Tahoe Basin.
LSG’s oftentimes taking on a life of their own, continuing to tout their much-accomplished social changes often branding themselves as the chosen purveyors of public social change leadership for the greater good. All TRPA Federal Grants are branded as “Environmental Improvement Programs” void of substantial data to prove otherwise.
NOTE: The TRPA adoption of the NEPA process would put an end to the unfair LSG process by requiring TRPA to provide advanced public notice and scoping intent and open additional avenues of appeal and alternative dispute resolution currently void of the current and unfair TRPA LSG process.
Thank you for considering my suggested comments.
Sincerely,
Doug Flaherty
Nevada Lake Tahoe Resident
TahoeBlue365@gmail.com
