SLT council to tackle public beach access
Timber Cove Pier is private, but the beach is public and private. Photo/LTN file
By Kathryn Reed
The beach by Timber Cove Marina is not as public as some would like it to be and is too public for the hotel-pier owners.
This stretch of sand in South Lake Tahoe is going to be the subject of discussion by the City Council when it meets Nov. 18 at 9am at Lake Tahoe Airport. City Attorney Tom Watson, who will be making the presentation Tuesday, was not available for comment.
Public access has been a battle for decades. And the state Supreme Court has been involved.
Problems arose again this summer and continued into the fall as the Beach Retreat & Lodge cut off access to parking at the marina and therefore the beach while some construction was taking place on the property.
Owners believe the beach is for their guests. And the public parking spaces they believe can be used by their employees.
City staff has done extensive research to sift through the legalities, to know who owns what, and when the public gets to play there without being a guest of the lakefront hotel.
Connolly Beach, which is the official name, was open to the public – including the pier – before South Lake Tahoe incorporated in 1965. It was in 1972 that a 261-room hotel was proposed.
“Initially the city’s Architectural Review Committee approved the project, requiring only a 15-foot wide pedestrian easement along the beach, measured from the high water mark,” the staff report says. “This decision was approved on a 2-1 vote. John Cefalu and Larry Muston in favor, Patricia Lowe against.”
The council at the time changed things a bit to accommodate concerns of local residents. Added were 18 public parking spaces and free use of the beach by the public. HKM, the owners of the property, sued the city in 1974 because of the public access.
The case languished in the court system for 11 years. South Lake Tahoe and the Tahoe Regional Planning Agency were the defendants.
In April 1975, the state Lands Commission decided it had a vested interest in the shoreline of Lake Tahoe. Then the state Attorney Generals Office took over as well. The case was now about public access to the beach and the state’s interest in the shoreline.
Eventually the state Supreme Court got involved. The justices ruled in August 1985.
The final outcome:
• The state of California owns the land below the historic low water mark. The public has the right to be on that section at any time.
• Property owners may use the beach for commercial purposes by temporarily sectioning off part of the beach in the 100-foot mark from high water, but cannot exclude the public from the entire beach. The state is the only entity that can enforce this provision.
• The public can use 100 feet of beach during daylight hours from June through September.
• The state owns a public trust easement that allows access for the public year-round between the high water mark (6,229 feet) to low water mark and below.
• There must be 18 parking spaces for the public.
I believe that all beaches belong to the public – in Hawaii, all beaches are open to the public and must have public access. The 18 parking places allocated for public parking should not be used for employee parking. Employee parking is a “private” concern, and hotels should be required to provide emeployee parking in their Use Permits. Maybe they can work a deal with Safeway to lease employee parking spaces if they don’t have enough spaces on their hotel property site. They should definitely NOT have their private employees parking in our PUBLIC parking spaces.
Timber Cove Marina and the infamous Tahoe Keys Marina are stealing public property!!! They claim it as their own which is clearly against the law.
Why this is being allowed by local, state and federal officials is beyond me!
It’s nothing more than a big theft of public land by private parties.
I’ve always waned lakefront property and a meadow, so maybe I’ll just take some, as these people aren’t getting busted for it, why should I ???? OLS
Actually, the court decision relating to this beach was rendered in the El Dorado County Superior Court. In considering the case the Court relied upon a landmark Supreme Court case referred to as Fogerty vs. the State of California, which involves the State’s interest in the area between the high and low water marks. As a result of the State’s interest, the State Attorney General’s Office intervened in the litigation.
Some people are of the erroneous impression that only the area between the high and low water mark along the shore of this property is public, when in fact, the public area extends to 100 feet above the high water mark along the shoreline. It is important for people to understand, however, that the owners of the lodging property do own the property, including the beach area. It is through historic use and conditions placed upon the developer in the early 70’s that render it public.
In anticipation of the City Council meeting on Tuesday, the City has prepared a power point presentation that provides a good summary of much of the history relating to this beach. Here is a link to the agenda – see the Connolly Beach issue under the New Business heading.
http://slt.granicus.com/GeneratedAgendaViewer.php?view_id=6&event_id=192
While it is true there are some limits to what the City can enforce, the fact remains the public has rights to enjoy the beach, and the City and State must do all that is possible to ensure the highest level of lake access can be preserved. Further, it is important that the public know that historic Connolly Beach is available for its enjoyment.
On Tahoe’s California shore, the Fogerty decision established an easement that allows public access on private property between the high water mark (6228.75)and the low water mark where State lands begin. This beach strip is not owned by the State and the private property owner must pay property taxes on it.
Fogerty does not extend public access beyond the high water mark. The above reference to “100 feet beyond the high water mark” must be a special condition placed on the Connolly Beach parcel at the time it was developed for the current use.
Passion4Tahoe, Thank you for the information! Most helpful in regards to what is a public beach.
I’m anxious to see how this plays out. OLS
East Bay Resident – you are correct. As part of the development agreement for the motel, the historic 100 foot beach was to remain public, and 18 parking spaces were to be made available.
Despite the agreement between the developer and the City, after the motel was built the developer went to court to try to have the beach designated as private.
Prior to the sale of the property to the current owner, the motel was owned and operated by people with strong ties to the community, George Karadanis and Bob Maloff. During their ownership, they understood the importance of this beach to the community and there were significantly fewer access issues. Mr. Karadanis passed away in 2009 and unfortunately, following Bob Maloff’s passing in 2011, things changed dramatically.
As a side note, Lisa Maloff, Bob’s widow, just made a $5 Million donation to our community college. An incredible legacy and a great demonstration of the family’s dedication and commitment to our town.
As we lose people who care deeply about our community, the fabric of our town can change.
Prediction: The council meeting will (yet again) offer a classic example of political pandering – by speech, to the voting public, by action, to the business interests who actually finance the political campaigns.
I did not know that it was Lisa Maloff who made that beautiful donation to the College. We’ll see how well the council honors Bob Maloff’s memory.
Copper, if you have a lot of confidence in your prediction I would love to place a $100 dollar bet with you that the city will be going with the people on this one. This has become a hot subject with the people as a matter of fact some people behind the removal of the parking meters are upset about the beach access. The city have received a lot of complaints this summer.
It is to be noted that the 100 ft of beach only pertains to the summer months.
Tahoe Keys Marina is inland. Therefore private property.
Reloman, the confidence I have in my prediction is secondary to the hope I have that it’s wrong. No longer a voter in South Lake Tahoe, I was a resident and participating voter there for over 25 years and now, going on 20 years, am an interested, and even hopeful, former resident from just down the hill.
I know some of the new council folks, but have little clue to their long term political and leadership philosophies. I know the two long-term council members, one of them very well since the seventies (I’ve referred to him as “little Tommy” ever since he was truly little – physically,as well as politically), and have zero confidence that either one of them is actually willing to put the needs and desires of the resident voters entirely ahead of the interests of their own financial backers.
I’m perfectly willing to be called on my skepticism of any SLT city council’s commitment to the citizen voters; prove me wrong – please.
Are there any laws against SUP boarders and canoes staying just of shore and ringing cow bells during weddings? Might be a nice way to celebrate sunrise too.
Her donation would have been nice before some voted to TAX us forever.
out city’s ganstas
feature h cole
like all them creatures
he on the dole
got a rushmore sportin
trupp + theimann
maybe it time we
figured the reason:
we duped
our yearning masses
rot with jesus
they open the door
for news to please us
cell phones, kubby, dogma
no ansas
we all comin down
wit brand new cansas
cult of stupidity
the new nordic norm
never gonna weatha
the alpine storm cuz
we duped