This complaint was submitted to the Tahoe Regional Planning Agency by California LULAC. The complaint was drafted by Jerry Dinzes and Dave McClure for the California LULAC's executive director.
1. November 22, 2009
To the Governing Board of the Tahoe Regional Planning Agency
RE: TRPA’s reconsideration of the Kings Beach Commercial Core
Improvement Project.
The League of United Latin American Citizens, the largest and oldest Hispanic
membership organization in the country, advances the economic conditions,
educational attainment, political influence, health, housing and civil rights of
Hispanic Americans through community-based programs operating at more than
700 LULAC councils nationwide.
This letter is intended to express our serious concerns regarding TRPA’s
reconsideration of the Kings Beach Commercial Core Improvement Project.
Reconsideration was based on the Placer County BOS preference for the
“Hybrid” alternative (two through lanes, a middle turn lane, and two single lane
roundabouts) over an “enhanced four-lane” alternative that retains current
capacity and includes sidewalks and beautification treatment.
The TRPA Board’s original decision preserved the integrity of the residential
neighborhoods while enabling the local jurisdiction to pursue a project
alternative within the framework of the TRPA statutory requirements. LULAC
recognizes the need for commercial revitalization in Kings Beach, but the loss of
dignity of adjacent residents is not a prerequisite to commercial revitalization.
The diversion of commuter/commercial traffic from SR28 into the residential
neighborhoods of Kings Beach will disrupt social cohesion and endanger public
health and safety. The only relief of SR28 congestion is through the network of
residential streets. This neighborhood is comprised of low income and largely
Hispanic residents. Many are long term residents comprising the backbone of the
workforce. Most do not have the language skills, time and ability to get up and
speak at public meetings. However, the residents attend local churches and
schools, walk, play, ride bikes, and spend much time on these streets due to small
homes and limited yards.
Under the “Hybrid” scenario the burden of reducing the capacity of SR28 falls on
the low income and minority population of about 3000. The narrow streets are
not designed for highway vehicles, only for simple access to the residences.
When it snows the roads get even more narrow and dangerous. Many residents
do not have automobiles to go to the K-3 elementary school, the adjacent Boys
and Girls Club, playgrounds, soccer fields, and attend the three local churches.
They walk to the local grocery store, the bank and various stores on Hwy 28, and
use mass transit to get to and from work – ironically Kings Beach residential
already constitutes a livable, “walkable” community. Any overflow of highway
traffic will be a hardship guaranteed to degrade neighborhood cohesion, endanger
the safety of children and families, devalue residential property, and disrupt the
EXECUTIVE BOARD
Argentina Dávila-Luévano,
State Director
Angel G. Luévano,
Immediate Past State Director
Dr. Alberto Rocha,
Deputy State Director
Ricardo T. Mendoza,
State Treasurer
Sofia Andrade,
State President - Youth
Danny Castanon,
Deputy State Director – Youth
Nancy Pelayo,
Deputy State Director -Young Adults
Angelica Vasquez,
Deputy State Director - Women
Reverand Deacon, Sal Alvarez, Deputy
State Director – Seniors,
APPOINTED POSITIONS
Sandi Castanon-Ramirez, State
Secretary
Joey Ramirez, Sergeant-At-Arms
Jan Tucker, Parliamentarian
Sal Alvarez, Chaplain, & Public Policy
Research and Legislative Commission
VETERANS AFFAIRS OFFICERS
Jess Saenz - South
Angelo Montalvo, - North
NATIONAL OFFICERS
Michelle Pelayo,
Commission - Young Adults
Vera Marquez, LNESC Commission
FORMER STATE DIRECTORS
Zeke Hernandez
Dr. Bill Melendez
Larry Luera
Manuel Marquez
Vera Marquez
Frank Galaz
Mel Jurado
Marcos Contreras
Gil Flores
Mickie Solorio Luna
FORMER NATIONAL
PRESIDENTS
Dr. Mario Obledo
Eduardo Morga
ADVISORS
Dolores Huerta, Civil Rights Leader
Arturo Rodriguez, United Farm
Workers
Barbara Carpenter, UFCW
LEGAL COUNSEL
Manuel Juarez, Corporate
Joaquin, Avila, Voting Rights
THE CALIFORNIA LEAGUE OF UNITED LATIN AMERICAN CITIZENS
P.O Box 4847 – Antioch, CA 94531
925 813-2178 (cell) - AALuevano@aol.com (email)
www.LULACCalifornia.org (web site)
2. TRPA’s reconsideration of the Kings Beach
Commercial Core Improvement Project – Placer
County, California – Page two
serenity and health of the existing quiet residential neighborhood. In essence, the burdens result
in reduced quality of life and are serious violations of basic civil rights.
Please keep in mind that the California Constitution, Article I, Section 1, guarantees all
Californians a constitutional right of safety. If you contend that there is a compelling
government interest at stake in the current plan which trumps the constitutional right of
safety, we insist that you specify what that compelling government interest is.
The conceptual Traffic Calming Plan for the Kings Beach “grid” network of residential streets
does not result in safer conditions than exist today. It is a “band-aid” on an injury that has not
yet occurred and does not need to occur. The Plan states its intention of not reducing the volume
of cut-through traffic, as this volume is needed to reduce the backup queues on SR28. With the
documented volumes and the practical reality of not controlling impatient driver behavior, the
walkability and livability existing today will be seriously compromised.
In a neighborhood with such a high percentage of Latinos, Placer County should have honored
the voice of the Latino community opposing the diversion of highway traffic. The process
failure to adequately consider this voice was demonstrated in the May 2007 Workshops and
affirmed by the inadequate methodology used in the Environmental Justice section in the
EIS/EIR.
There is overwhelming community support for sidewalks and beautification of Kings Beach. The
1996 Kings Beach Community Plan clearly states numerous times that sidewalks and streetscape
improvements would occur retaining the four-lane capacity. This document was approved and is
part of the current TRPA Regional Plan. Commercial revitalization is not dependent on the
“Hybrid” alternative. Revitalization will follow these downtown upgrades without congestion
and misplaced overflow traffic.
The mission of LULAC need not conflict with a project intended to raise the quality of a
downtown. Commercial revitalization is a shared goal that can be met while maintaining
environmental and social justice. To assume that a gain in commercial revitalization must shift
the burden of traffic and cause a loss of basic civil rights is a fallacy. Placer County has
developed a KBCCIP alternative that does not reduce SR28 capacity, causing no congestion
related degradation to the neighborhood, and is characterized by Caltrans as the “superior
alternative.” The TRPA is ultimately responsible for planning issues within the Tahoe Basin,
and good public policy raises the quality of life for all, which the enhanced four-lane alternative
accomplishes.
In conclusion, LULAC is strongly opposed to any transportation project that diverts traffic into
the Kings Beach residential streets. LULAC urges the TRPA Governing Board to “maintain
public health and safety” within the region; an essential component of the very definition of
Environmental Threshold Carrying Capacity in the Compact. As such the TRPA should
prohibit the diversion of commercial and regional traffic through residential.
3. TRPA’s reconsideration of the Kings Beach
Commercial Core Improvement Project – Placer
County, California – Page two
This administrative complaint is filed by the LULAC California, District Thirteen and by
aggrieved N. Lake Tahoe LULAC council # 3162 members and residents of Kings Beach,
Placer County California.
Sincerely,
Argentina Dávila-Luévano Angel G. Luévano Jan Tucker, Chair, LULAC
State Director, CA LULAC LULAC National Vice California Civial Rights
President Far West Region Commission
cc: Allen Biaggi, Director of Nevada Department of Conservation & Natural Resources 901
Shelly Aldean, Carson City Board of Supervisors Members
Donna Ruthe, Governor of Nevada Appointee
John Breternitz, Washoe County Commissioner
Jennifer Montgomery, Placer County Board of Supervisors
Steven Merrill, Governor of California Appointee
Nancy McDermid, Douglas County Commissioner
Byron Sher, California Senate Rules Committee Appointee
Norma Santiago, El Dorado County Supervisor
Mara Bresnick, California Assembly Speaker Appointee
Timothy Cashman, Nevada At-Large Member
Ross Miller, Nevada Secretary of State
Casey Beyer, Governor of California Appointee
Hal Cole, City of South Lake Tahoe Council Member
Josh M. Reid, Presidential Appointee
Joanne Marchetta, TRPA Executive Board
Nicole Rinke, TRPA General Counsel
Senator Gil Cedillo, Chair, California Latino Legislative Caucus
Assembly Member, Vice Chair, California Latino Legislative Caucus
Lupe Martinez, Director of Organization, Center on Race, Poverty and the Environment
Abdi Soltani, Executive Director - American Civil Liberties Union of Northern California
Nancy Ramirez, Regional Counsel, Mexican American Legal Defense Fund
President Rosa Rosales, LULAC National President
Brent Wilkes, Executive Director, National LULAC
Manny Juarez, Corporate Legal Counsel, LULAC California
Dr. Al Rocha, Deputy State Director, LULAC California
Angelo Montalvo, District Thirteen Director – Sacramento – LULAC
Jerry Dinzes, President, N. Lake Tahoe LULAC Council # 3162
MISSION: Advance the economic condition, educational attainment, political influence, health, and civil rights of
Hispanics in the United States. The California League of United Latin American Citizens (LULAC) is an affiliated
unit of LULAC National.