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New tobacco shops ban comes to city, county
Photo courtesy of Julie Ann Pixler
Odin Rasco
Chair of the Washoe Tribe of Nevada and California Serrell Smokey, joined by Team Tahoe members, speaks on the steps of Congress in Washington D.C. March 13.
Staff writer
Team Tahoe urges Congress to extend restoration act Laney Griffo Tahoe Daily Tribune
WASHINGTON, D.C. — With the expiration of the Lake Tahoe Restoration Act of 2016 just around the corner, community leaders from Lake Tahoe traveled to Washington, D.C., last week to urge lawmakers to extend the act. The LTRA, which expires Sept. 30, is bipartisan legislation that provides funding for projects that support forest health, water for fire infrastructure, watershed restoration, water quality, aquatic invasive species control, Lahontan cutthroat trout recovery and accountability. Nearly two dozen members of Team Tahoe, a coalition of Nevada and California local elected officials, tribal leaders and representatives from public and private agencies gathered to meet with representatives regarding extension of the act. Members of the Team Tahoe coalition, including Rep. Kevin Kiley (R-CA), Tahoe Regional Planning Agency Chair Cindy Gustafson, League to Save Lake Tahoe Chair Steve Spurlock and Washoe Tribe of
meeting, the directors decided to hire different representation for the legal battle with El Dorado County AuditorController Joe Harn. Directors unanimously voted not to approve an agreement for continued legal services with Kronick Moskovitz Tiedemann & Girard, the law firm that employs now former EDHCSD general counsel David Tyra, who was replaced at the end of February. The firm had been assisting the CSD with its lawsuit against Harn and the county, as well as litigation related to Heritage Village and the Austin case, which accuses the district of failure to comply with
Responding to an uptick in tobacco shops in the county paired with a national rise in middle schooler tobacco use, the Placerville City Council passed an emergency ordinance putting a hold on the acceptance of new smoke shop applications March 12, mirroring a moratorium extended by the El Dorado County Board of Supervisors the same day. The county has seen “There’s a little a rapid expansion too much about of tobacco-selling businesses in recent the marketing to years — a 36% jump the kids. There’s a since 2020 — that has led to growing little too much of concerns amongst this going on out health officials and there — it was a government leaders. Presentations from shock to the system the El Dorado County to see so many Department of Public Health before (tobacco shops) just both the council pop up out there. and board in recent months explained the They were like rising rates of teen mushrooms.” tobacco use and the methods employed by — John Clerici, tobacco companies to Placerville City councilman market to underage consumers. “There’s a little too much about the marketing to the kids. There’s a little too much of this going on out there, it was a shock to the system to see so many (tobacco shops) just pop up out there. They were like mushrooms,” Councilmember John Clerici said. The board kicked off its response in late January, approving an interim moratorium that halted the acceptance of applications to open new tobaccoretailing businesses in unincorporated areas for 45 days. The temporary halt went into effect Jan. 30; as the initial halt neared its expiration date, the board met again March 12 and voted to extend the moratorium for an additional 10 months and 15 days as county staff draft a more permanent set of rules to put into effect. “It is high time we take action,” District 3 Supervisor Wendy Thomas said, appearing before the City Council. Thomas explained county staff had devised a “creative mix of zoning regulations as well as licensing regulations” that was “not overly onerous, as far as infringing on people’s rights, but strict enough to make sure it will help move the needle as far as protecting our youth from having access to tobacco products.” She also urged the council approve its own temporary hold on new smoke shop applications as a matter of cohesive policy. If the county has a ban in place but Placerville didn’t follow suit, it might drive more to try to open in the city, “and we already have a proliferation of smoke shops within city limits.” Councilmember Michael Saragosa expressed his own concerns with a potential scenario where the county had limitations in place but the city did not.
■ See LOEWEN, page A3
■ See BAN, page A7
Nevada and California Serrell Smokey, spoke in a press conference on the steps of Congress. “We are here today with a simple message: Protect Lake Tahoe, extend the Lake Tahoe Restoration Act,” said Kiley. Since the act’s passage in 2016, Lake Tahoe Environmental Improvement Program partners have implemented hundreds of projects, leveraged the federal investment five-to-one with state, local and private funding and supported 1,700 jobs per year. According to Kiley, since its enactment $104.7 million has been appropriated for the current LTRA as of the 2023 fiscal year. However, that’s only 27% of the total authorization. “So, while Congress has steadily increased the pace of appropriations under the act since its enactment, the act has a significant amount of spending authority remaining under what was originally a seven-year spending bill,” Kiley said. Gustafson, who is also a Placer County supervisor, spoke following Kiley’s statement. ■ See RESTORATION ACT, page A5
EDHCSD keeps Loewen report close ... for now, updates lawsuit against county Noel Stack Managing editor
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El Dorado Hills Community Services District general counsel
Derek Cole reported at the March 14 EDHCSD Board of Directors meeting that the investigation regarding former General Manager Kevin Loewen’s conduct while employed at the district is complete and a report has been submitted. However, he noted much to some residents’ dismay, “There is nothing we can report at this time,” citing attorney-client privilege. “I know there is a lot of interest in this report,” Cole said. “I certainly understand why.” Each board member and staff will have the opportunity to individually read the full report, after which, Cole said, they will hold a
meeting and decide what information to release. The attorney also shared that he would be providing Brown Act training to EDHCSD board members next month. Earlier this year the EDHCSD board and staff received a letter from the El Dorado County District Attorney’s Office confirming an investigation into “some past actions” by the district’s board members and Loewen. The letter notes the investigation uncovered apparent Brown Act violations and recommended proper training.
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