Respect the Beach:

Respect the Beach: Swimmers enjoy Speedboat Beach’s famous boulders over Memorial Day weekend. In recent years, graffiti has appeared on the rocks. The NTPUD cleaned it up.

Unintended Consequences

Removal of the fence at Speedboat Beach raises concerns about safety, but are the claims valid?

By Melissa Siig
June Print Edition
Published: June 22, 2010

After hearing complaints from community members for almost a decade, the California State Lands Commission ruled last October that a metal fence dividing the public trust — an easement between the high and low watermarks maintained by the state for public use — on Speedboat Beach be torn down. When news of the decision came out of Sacramento, cheers of victory could be heard around Lake Tahoe. That is, everywhere except one place — the Lake Vista subdivision in Kings Beach, where Speedboat Beach is located. Residents, who say they are already seeing an increase in the problems that existed before the fence’s removal, are worried because as word about the unfettered beach gets out more people are starting to flock to the area. The majority of public agencies that monitor and maintain the beach and its streets, however, dispute the notion that Speedboat’s overcrowding and security issues are as serious as homeowners make them out to be. With private citizens and public agencies in disagreement over the nature of the problems, can there be a meeting of the minds that satisfies residents’ desire for a safer community and the public’s interest in keeping the beach open to all?

Problems With the Public
The fence, which was erected over 60 years ago by a private property owner and prevented the public from accessing nearly 90 percent of the recreation and scenic area, was torn down in January. Lake Vista residents say they started to get worried this spring when they saw a lot of people showing up to use the beach on warm days. The public portion of Speedboat Beach is only 40 feet wide.

“We were immediately concerned because we already had problems,” said Gary Midkiff of Midkiff & Associates, a planning firm based in Zephyr Cove that is representing several Lake Vista property owners. “There have been substantially more people this spring because of the PR about the fence.”

Over the years, residents have had to deal with drunk people accosting homeowners, thefts from homes and cars, broken glass in the sand, overflowing trash cans, vandalism, trespassing, and graffiti on the beach’s picturesque boulders. Already this year Midkiff said that, despite a posted sign that states alcohol, glass, and dogs are forbidden, there has been a 40-person wedding party on the beach with two kegs and bottles of alcohol and, over Memorial Day weekend, nine dogs on the beach on one day. Sheriff’s deputies were called but did not show up until 5 p.m. after the party had already left.

“No one is enforcing the rules down here,” said Royce Johnson, president of the Brockway Point Homeowners Association, which was formed in the 1980s in response to growing problems in the neighborhood. “People are trashing our neighborhood and we’re not happy about it.”

But the North Tahoe Public Utility District, which maintains Speedboat for Placer County, begs to differ. NTPUD Parks and Facilities Manager Kathy Long said that maintenance crews are at the beach one to two times a day during the summer picking up litter from the beach to the street. Long said the single bear bin is sufficient.

“We’re there every day, and the trash is emptied at least every two to three days,” she said. “It never gets completely full.”
Long said that the district even goes beyond what their contract with the county requires, cleaning up graffiti on the rocks, monitoring the porta-potty, and pruning trees and bushes surrounding the walkway to the beach.

“We do our due diligence with what needs to be taken care of,” Long said.

In terms of keeping the neighborhood safe, the Placer County Sheriff’s Department says it responds to every call, although staffing limitations preclude them from proactively patrolling the beach. Sheriff’s deputies cannot respond to lakefront trespassing calls unless the private property owner has surveyed the location of the high-water mark. According to Lieutenant Alan Carter, none of the Speedboat Beach homeowners have done so.

“In the absence of a boundary, there is not much we can do,” he said.

Carter also believes many of the calls the Sheriff’s Department receives about Speedboat Beach are overblown or unfounded. Nevertheless, the number of incidents at Speedboat Beach increased seven-fold from 2006 to 2009 to a total of 21, the majority of which were theft.

“It hasn’t been that much of a problem area, but it’s definitely on our radar screen,” Carter said.

Too Many Cars, Too Little Street

But the biggest problem may not be the cleanliness of the neighborhood or crime, but the parking situation. The two streets that lead to the beach, Speedboat and Harbor, are narrow roads about 15-feet wide. Although Placer County Department of Public Works put up no-parking signs on one side of each street about 10 years ago and tow-away zone signs around seven years later, on crowded summer days cars can be found parked on both sides of the street, further narrowing the already slim roadway.

“People get there late and park anywhere,” Midkiff said.

This creates a health and safety issue, since emergency vehicles can’t fit down the street if cars are parked on both sides. Last year, a child was seriously injured after jumping off the rocks and, according to Midkiff, fire trucks could not reach the beach in a timely fashion because the road was clogged by cars.

The North Tahoe Fire Protection District, however, disputes this claim. Chief Duane Whitelaw said that Harbor Street was blocked, but it was by either a delivery truck or car temporarily unloading. Emergency vehicles were able to access the beach via Speedboat without incident.

“It was kind of an anomaly,” Whitelaw said. “It was unrelated to the parking issue.”

Whitelaw acknowledges that the neighborhood’s streets are narrow and can get blocked by parked cars. However, he said the fire district, which responds to a large number of medical calls in the area in the summer, has never been impeded by the situation.

“I cannot recall a time where we were physically slowed in getting to an emergency in there,” Whitelaw said. “We are only concerned if the current no-parking regulations are not followed. As long as they are followed, I have no immediate concerns.”
But according to Midkiff and Johnson, the parking ordinance is rarely enforced. Although they say it’s improved in the last few years, with cutbacks at the California Highway Patrol and the Sheriff’s Department, getting law enforcement out to the area to issue tickets is difficult.  

DPW, which has the authority to issue tickets, says the parking situation is not as serious as residents say.

“I personally don’t think it’s as big a problem as people make it out to be,” said DPW Deputy Director Peter Kraatz. “They are concerned they will get tenfold people, but there is no evidence of that.”

Kraatz said members of his staff try to get out to the Speedboat Beach streets a couple times a week during the peak season. While DPW has never towed a car — their preference is to first give a ticket as a warning — Kraatz said DPW is putting up additional signage where Harbor narrows to around 10-feet wide due to a large boulder.

“In most cases, we are not seeing illegal parking,” said Kraatz, although he admits that DPW staff are only in the neighborhood during the week. “On weekends, we rely on the Sheriff to go down there.”

The primary responsibility for ticketing falls not the Sheriff’s Department but to the CHP. Unlike the other public agencies, CHP said that the Speedboat Beach parking situation is a big problem.

“It’s probably one of the three most problem areas in the North Tahoe area for parking,” said officer Tony Prisco, noting that the CHP issues tickets for illegal parking on Speedboat and Harbor every weekend in the summer.

Gate It or Ticket?
So what is the solution? Midkiff has proposed a number of answers, such as resident-only parking or gating Speedboat Beach, making it a park for Brockway Point homeowners only.

“It simply isn’t an adequate beach for the public,” he said. “We should make it a community beach and then we won’t have to worry about problems that come with the public.”

However, Placer County Supervisor Jennifer Montgomery, who met with Midkiff this month to discuss the issues at Speedboat, is strongly against these options.

“It’s a public road, it’s a public beach, and it’s a public trust,” she said. “I will not support a two-tiered system for public beaches. It goes against everything I believe in.”

Montgomery said she’s not worried that with the fence gone an onslaught of visitors will descend upon Speedboat this summer.

“I don’t think a lot of tourists know about this beach,” she said. “There are only so many people who can get there. It’s not like it’s an easy beach to find.”

But Johnson says it’s the tourists, not the locals, who are causing the problems. The Cal-Neva Resort already directs guests to Speedboat; most get there on foot. Midkiff and Johnson are concerned that the proposed Boulder Bay development in Crystal Bay will send their guests to Speedboat Beach as well, contributing even more to the overcrowding problems.

Montgomery thinks the best way to resolve the problem is ticketing. She said she has spoken with both DPW and the Sheriff’s Department and asked them to step up enforcement in the neighborhood. But will that be enough?

Johnson can only hope.

“I don’t know how they got away with putting a public park in a private neighborhood,” he said. “There has to be something done before the summer, before a fire or someone has a heart attack.”

7 Reader Comments so far ...

 
1. Unintended Consequences
Such a sad mentality where the rich feel that they shouldn't have to mingle with us poor folks. Hopefully the homeowners are the ones who have the heart attack.
posted by: Savannah on Jun 22, 2010 at 3:30 PM
2. Enough is enough....
This article misses the fundamental point that we are talking about a public beach - and neglects that the Lake Vista homeowners mentioned in the article are only "two" -- the two upland homeowners that have tried for years to turn Speedboat Beach into a defacto private beach by bullying the public with bullhorns and security guards.

Last year a few members of the community gave public testimony alongside the State Lands Commission General Counsel, to the then Lt Governor of California, Rep. Garamendi to support enforcement of the public trust doctrine at Speedboat Beach.

This is a very important doctrine that applies throughout the state of California. To be clear - while it is possible for homeowners in lake Tahoe to have title and pay taxes down to low water, all lands up to the high water mark in the state of California are subject to the public trust and can be used by the public, including for recreation.

In addition to demanding the immediate removal of the fence that was blocking access to pubic trust lands, here is what Garamendi said, exactly:

"I would ask that the staff working with the attorney general’s office seek a restraining order against the upland property owners prohibiting them from any harassment of the public who lawfully access the public’s rights to access and recreate on the land below the high water mark. I would ask that this be part of the proposed action taken here today. The action of the upland property owners is reprehensible. It is clearly contrary to the rights of the public, and as I see it, it is the responsibility of the state lands commission to make certain that the rights of the public to use the public land and or easements on private land to use that to the fullest extent allowed by the law and the trust doctrine."

During this hearing, the homeowners tried to make claims about the public's bad behavior at Speedboat Beach, as a justification for continuing to block access. Garamendi didn't buy it - there was no evidence to support their claims. Most if not all of the calls from the homeowners to the sheriff's department have been to remove people for "trespassing" on public property.

On the contrary, local residents love and maintain Speedboat Beach, including cleaning up any minimal trash left by tourists.

Already this summer, only months after the Lt Governor's decision and after receiving letters from State Lands demanding that they stop harassing the public, the upland homeowners have hired security guards again.

Several people have followed up with State Lands to ask them to follow through with the decisions made at the State Lands Commission hearing so that we can peacefully enjoy the beach once and for all . Its sad that it has come to a battle between the State of California and two homeowners... enough is enough. Lets agree to co-exist.


posted by: Resident on Jun 22, 2010 at 7:24 PM
3. Enough is enough is right!

This article contains a lot of false information. First, there has only been one call made and police report filed for theft at speedboat beach. Evidence presented at the state lands commission hearing proved that the only police reports filed were those against the upland property owners, made by members of the public for harassment. In fact, the only police record available since 2005 was a report of a lost back pack. Secondly, as a long time resident of the “Lake Vista” subdivision, I can assure you, the reader, that the activities mentioned in the article are untrue. The property owners have no evidence to back up their stories, and they certainly have the video surveillance to prove it if it was in fact happening at this beach. This is a public beach, and it has been since it was entrusted to the public in 1981, all the way to the Nevada state line, clearly marked by the chain link fence at the end of the beach. The harassment, which we sought to extinguish by the removal of the fence, continues at the beach to this day. The public needs to be protected from these individuals who simply want this beach for themselves. The answer isn’t a “community beach gated for use only by members of the Brockway Homeowners Association”. If anything, the beach should be fenced off from the upland property owners! In fact, that was suggested at the hearing. The metal fence that was removed was more of a psychological barrier than anything. People could walk around it through a very narrow passageway during low water seasons, or walk through the water in higher water years. Really, the fence was a deterrence and it worked for years. It was suggested to the upland property owner to erect the fence lining the high water mark running east to west parallel to the lake to protect his property, which was his “main concern”. It clearly was not his main concern. The property owners have no history of property damage; not one insurance claim, not one police report to justify the need for such protection. This is without a doubt a matter of selfish greed. How sad it must be to wake up in your lakefront home in one of the most pristine beach environments in the world, and want it all to yourself to make your property that much more valuable. Shame on you, homeowners. You should have bought property in Nevada, after all there are plenty of lakefronts for sale along Lakeshore Blvd. Enough is enough.

posted by: Beachgoer on Jun 23, 2010 at 8:35 PM
4. Similar issue at Sunnyside??
It seems there could be a similar issue at Sunnyside. I was there tonight and noticed that the neighborhood association just north of Sunnyside, just beyond Kent Beach, has erected a fence leading from their property all the way down to the waterline. They even have cemented about 4 permanent pilings supporting the iron fence in the beach which certainly seems to be within the low and high marks. I wonder who might be the ones to tell them this is not allowed...
posted by: John on Jun 28, 2010 at 10:46 PM
5. what about dollar point private beach
I would like to know if this applies to the beach around dollar point as well. If you can access the beach without crossing private property, is it ok?
posted by: joe on Jul 5, 2010 at 10:44 PM
6. Bullies at Speedboat Beach
My family and I recently spent a Sunday at Speedboat Beach and were rudely accosted by a woman accusing us of throwing our cigarette butts on the ground. When we nicely informed her that it wasn't us, that we don't even smoke, she continued to badger us and exclaimed "This is Tahoe. We pick up our trash!". I appreciate her efforts of confronting people who may be littering on Tahoe's beautiful beaches, but perhaps she should use a bit more due diligence before accosting the wrong people. In fact, I've been going to Speedboat Beach since I was a kid, (for at least the past 26 years), and have always picked up not only my own trash, but any other trash I found lying around. I would agree that the issue is not with the locals, including those coming from Reno!
posted by: Local tahoe lover on Jul 27, 2010 at 12:37 PM
7. Two sides to one story...
Those that disregard the severity and validity of any and all concerns regarding the Brockway/Speedboat Beach issues are only able to do so if they are not living in the upheaval on a daily basis. Of course it sounds petty, when the only thing one has to be concerned about is finding a parking space then parking oneself on the beach for the day! It's not a matter of who has the most money. It has to do with respecting the space of the residents that, not only pay the taxes, but who use their driveways when leaving and returning from their daily tasks. I personally have noticed residents either exiting or returning to a blocked driveway by those loading or unloading their belongings, also having to wait for traffic to clear.... Great, if one has the time to spend an afternoon enjoying the day on the beach, but a residential neighborhood should not have to pay the price for others
enjoyment. How many of us would invite the amount of traffic, both foot and automobile into their own neighborhoods, on a daily basis? I'm assuming, not many (???)
I realize there are other issues to address, but don't have the time so I'll leave it on a personal note...
posted by: Choosing to enjoy elsewhere on Sep 30, 2010 at 2:51 PM
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