NOTICE OF EMERGENCY WATER RESTRICTION RULES PG. 16 BOARD OF DIRECTORS 2021–2023 ANNUAL ELECTION PG. 8
TKPOA MEMBERSHIP SURVEY– MORE RESULTS PG. 18
356 Ala Wai Boulevard South Lake Tahoe, CA 96150
Tahoe Keys Property Owners Association
PRSRT STD U.S. POSTAGE PAID RENO, NV PERMIT NO. 200
APRIL 2021
Tahoe Key s P r oper t y O wne r s A s s oc ia t ion
You Know Me. And I Know the Tahoe Keys. 530.545.0888
SEE MY ACTIVE LISTINGS BELOW
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530-541-2200
adele@adelelucas.com
HERE ARE YOUR MARCH 2021 TAHOE KEYS STATISTICS: SINGLE FAMILY
MARCH 2021
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SOLDS:
AVG. SOLD PRICE: $1,686,083 ($641.55/sq. ft. avg.)
92
SOLD DOM:
96.46%
% OF ASKING PRICE:
11
ACTIVE: AVG. LIST PRICE:
$2,064,364 ($710.31/sq. ft. avg.) 53
AVG.DOM:
TOWNHOUSES
MARCH 2021
4
SOLDS: AVG. SOLD PRICE:
$464,888 ($395.22/sq. ft. avg.) 76
SOLD DOM: % OF ASKING PRICE:
98.52% 3
ACTIVE: AVG. LIST PRICE:
$896,000 ($714.11/sq. ft. avg.) 111
AVG.DOM:
ING
PEND
Newer Waterfront Lodge with indoor pool, large dock and exquisite details. $5,595,000
Rare single story home with 80 feet of water frontage and large dock. $1,875,000
Keys Breeze
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BRE #00838770
president’s letter Greetings Tahoe Keys Homeowners, IT BEEN A BUSY TIME and some long days for our TKPOA staff, our Board
President's Letter
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Aiding Your Body's Natural Healing Process 6 Seeking Volunteers for Board of Directors Annual Election 2021–2023 8 2021 Board Actions Summary
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TKPOA Calendar
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Legal Expenses
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Emergency Rule Notification
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More Survey Results
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Notice of Change in Operating Rules Text of Proposed Changes: Architectural Control Rules
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Notice of Change in Operating Rules Text of Proposed Changes: Water Restrictions 26 Shrimply Blue: A Mission to Restore Lake Tahoe's Clarity 28 Cove Advisors Needed
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Accounting Report
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TKPOA Waterwells Status
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PUBLISHING DISCLOSURE NOTICE The Keys Breeze is the official monthly publication of the Tahoe Keys Property Owners Association (TKPOA), which is located at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150. Each membership parcel receives one subscription to Keys Breeze mailed to a domestic address. Cost to produce and distribute this publication is offset by advertising revenues and budgeted funds. The inclusion of advertising in this publication does not constitute an endorsement or recommendation by the Tahoe Keys Property Owners Association or its Board of Directors of the projects, services or views contained therein. FOR ADVERTISING OPPORTUNITIES please contact Kathy Hess-Slocum at Just Imagine Marketing and Design at (775) 846-5656, kathy@justimaginemktg.com. Printed on recycled paper with soy-based inks.
of Directors, and our newly formed Water Quality Long Range Planning Committee. The Board and I appreciate that the information recently sent to our homeowners regarding our current water challenges, while scary news on the surface, is less so when we all look at the facts and science. By now you should have received a notice regarding the pending water restrictions and irrigation ban facing the residential and commercial customers of our Tahoe Keys Water Company. This situation is quite unprecedented in the Tahoe Key’s fifty-plusyear history. The actions that the Board has UNFORTUNATELY, YEARS taken were not taken lightly. We, like you, are also homeowners and equally affected by OF THIS EXPECTATION, AND these restrictions. THE LACK OF METERS, HAVE As the Board of Directors realized the severity of the issues our Water Company RESULTED IN A COMMUNITY, faced, an experienced engineering firm, MC WHICH I’M TOLD, AVERAGES Engineering, was contracted to provide both a short-term plan and a long-term solution 30% MORE WATER USE PER to our drinking water challenges. The Tahoe RESIDENCE THAN ANY OTHER Keys community is fortunate to have more than its share of talented and experienced WATER DISTRICT. homeowners. As such, the Board was able to initiate the formation of a new Water Quality Long Range Planning Committee, made up of several homeowners, all with extensive water quality and water systems experience. This volunteer Committee is tasked with reviewing MC Engineering’s options and will make a recommendation to the Board. Once short-term and long-term solutions are identified, the Board will take immediate steps to ensure the potential solution is implemented as soon as CONTINUED ON PAGE 4
The Keys Breeze Magazine IS THE OFFICIAL PUBLICATION OF THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION
ADMINISTRATIVE OFFICE HOURS
8:30 a.m. to 4:30 p.m. Daily
Dave Peterson, VICE PRESIDENT
Facilities Manager, Ext. 226
Sean Ward, SECRETARY
Vacant
Bonnie Halleran, DIRECTOR
Project Coordinator/ Property Manager, Ext. 241
Water Company and Water Quality Manager (530) 542-6451
APRIL 2021
Melvin Meyers, DIRECTOR Steven Shepherd, DIRECTOR
Daniel Larson
Operations Manager, Ext. 228
Joe Sherry, PRESIDENT Kieron McCammon, TREASURER
Tom Callahan
Security (530) 545-0847
General Manager, Ext. 224
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Architectural Control Dept. Manager, Ext. 239
Pool Supervisor (530) 545-4124
Kirk J. Wooldridge
Front Desk Attendant Dial 0 2020–2021 BOARD OF DIRECTORS
Bill Spicer
TAHOE KEYS PROPERTY OWNERS ASSOCIATION
Keys Breeze
Accounting Manager, Ext. 227
Linda Callahan
356 Ala Wai Boulevard South Lake Tahoe, CA 96150 (530) 542-6444 p (530) 541-2521 f tkpoa.com
Heather Blumenthal
Don Havard
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possible. The Board and I are committed to transparency and openness with our homeowners through this process. This brings us to our current water restrictions, I will be brief, and let members of the Water Quality Long Range Planning Committee provide more technical detail. Recently, an extensive technical explanation was posted on the Tahoe Key’s Homeowners Association website. On the website, you can review several other in-depth and technical reports and summaries. Basically, our Tahoe Key’s Water System is composed of three wells. Historically, the Keys community has enjoyed years of inexpensive and unlimited water. Unfortunately, years of this expectation, and the lack of meters, have resulted in a community, which I’m told, averages 30% more water use per residence than any other water district. Additionally, the Board has been advised by our Water Company that around 2/3 of our treated water is being utilized for irrigation during the summer. Although not a role model for a Californiabased Water District, with the constant threat of drought, looming, we proceeded this way for many years and our three wells were always up to the task. While much of California has endured water irrigation bans due to drought conditions, and their homeowners have had to endure brown lawns and possible damage to their landscaping, the Keys continued watering on without restrictions. This was only possible due to our three healthy wells and the hard work of our Water Company. Like nearby water districts, recent years brought the threat of contamination by PCE. Back in 2008, this ultimately caused the shutdown of one well and threatens the operation of a second well. The shutdown well was brought back online in 2012, though with restricted capacity. Steps have been in motion to identify possible PCE mitigation procedures to allow our wells to continue operating. That being said, our Water Company was able to keep the water flowing and provide for our water needs. Recently, a new threat emerged when water testing required by the California State Water Resources Board, revealed an above level of uranium in one of our wells. This well had already been shut down for the season. Another one of our wells faced the prospect of exceeding State-mandated levels of uranium in the near future. We have all been educated regarding uranium these past weeks and it is a naturally occurring substance in mountain wells such as ours. Again, since historically 2/3 of our water is used for irrigation, our one non-affected well is simply not able to keep up with Keys Breeze
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the anticipated demand this summer. During this, hopefully, short-term situation, our Water Company cannot risk our one working well, not meeting demands, which could result in the water pressure in our lines falling lower than the State allowed level. To ensure this unpleasant and costly issue does not occur, the Board was forced to take the temporary measure to prohibit irrigation. While unpleasant and unpopular, the measure is needed while a shortterm, and an eventual long-term, fix, is identified and implemented. Ensuring an adequate supply of clean and treated drinking water must be prioritized over the landscaping needs of our community. All involved are working hard to have our options identified and reviewed in the next few weeks. I know it’s tempting to irrigate from our canal waterways, and many have expressed their intention to do so. I’m told by the experts this is not allowed for several reasons, most importantly the safety of you and your family. I have been told by our committee of experts that Keys homeowners do not have water rights to draw water from the canals. In addition, canal water in its untreated form could pose an unknown health risk to humans and animals. Connecting a residence to canal water via a pump system, even with a backflow valve, would contaminate your home water lines with canal water. If installed incorrectly or if the anti-siphon valve or backflow valve fails, it could allow untreated water into the Tahoe Keys Water Company’s system. The introduction of untreated water into our Water Company water lines could cause serious cost and contamination issues. Also, the use of an improperly connected electrical water pump could cause an electrical hazard and potential drowning risk to swimmers and neighbors. Although tempting to all of us, this is not a viable option. We are all in this together, and the Board of Directors appreciates your cooperation and support while we quickly move to bring the Keys Water System back to normal capacity. Rumors and misinformation only distract our experts from our goal, so please contact me directly if you have any questions. For the latest information please utilize our Association website for additional and factual information or contact the Association front desk at (530) 542-6444. Sincerely,
Joe Sherry, PRESIDENT
TKPOA Board of Directors jsherry12361@gmail.com APRIL 2021
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YOU, ONLY BETTER.
Our team of spine specialists will get you back to what you love. Zachary Child, MD Fellowship-trained Spine Surgeon Gregory Burkard, Jr, DO Physical Medicine Specialist Alison Ganong, MD Physical Medicine Specialist
Low back pain Spinal deformities Whiplash injuries Degenerative spinal conditions Spondylolysis and spondylolisthesis Disc replacements
Soft tissue sprains, strains, and contusions Mechanical back dysfunction Fractures, dislocations, subluxations Malignant tumors of spine, pelvis and extremities
530.539.6600 Partnering with Tahoe Orthopedics & Sports Medicine physicians
B arton o rthopedics a nd W ellness . com
REGENERATIVE MEDICINE:
Aiding Your Body’s Natural Healing Process
If you’re dealing with arthritis or an injury, regenerative medicine may be an option to help stimulate healing. The goal of this type of treatment is to regenerate body tissue. Techniques include injections of platelet-rich plasma (PRP) and stem cells. Conditions that may benefit from regenerative medicine include: • • • • •
Rotator cuff partial tears Tennis elbow Achilles tendon problems Knee or hip arthritis Spine and back pain
Regenerative medicine can be provided by a physiatrist—a physical medicine and rehabilitation doctor. To determine if you’re a candidate, your physiatrist will evaluate you based on a physical exam, imaging studies, and discussion of previous treatments. How Platelet-rich Plasma Therapy Works When you’re injured, your body responds by
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delivering platelet cells to the injured area. These platelets begin the repair process by forming a clot in the injured area, which prevents further bleeding and serves as a scaffold for new tissue to grow. The platelets release growth factors to attract the cells, such as stem cells, necessary to heal the area. PRP therapy aids the body’s natural healing process by delivering a higher concentration of platelets directly to the area of need. PRP is formed by drawing a sample of your blood, which is centrifuged to concentrate the blood platelets. The PRP is then injected back into the injured area. In addition to being safe and effective, PRP therapy is a fairly simple procedure, requiring less than an hour in the clinic. Most conditions require only one PRP injection. It may take up to three months to notice improvements, but the benefits last much longer than many other forms of treatment since PRP injections are fixing the problem rather than masking symptoms.
Understanding Stem Cell Procedures
Stem cells help heal injured tissues such as bone, cartilage, ligaments, and tendons. Following some injuries, our bodies struggle to heal, particularly as we get older. In regenerative medicine, stem cell procedures deliver a high concentration of stem cells to the injured area, aiding your body’s ability to heal naturally. One source of stem cells is bone marrow found in the hip bone. The bone marrow is rich in mesenchymal stem cells, which help heal damaged tissues. In this procedure, a small bone marrow sample is taken from the hip through a needle. The stem cells are isolated from the marrow sample in a centrifuge and injected directly into the injured area using advanced imaging guidance. Patients experience little downtime following this procedure and avoid the long, painful rehabilitation periods that can follow surgery. Research is ongoing as to how regenerative medicine can treat a variety of conditions. Studies show promising results for tendon injuries, muscle strains, and knee arthritis in particular. Talk with your doctor about whether this type of treatment might be an option for you.
Dr. Alison Ganong is a Tahoe Orthopedics & Sports Medicine physician with Barton Health. Dr. Ganong will host a free Wellness Webinar on Thursday, April 22 at 5pm, register in advance, or view previously recorded webinars at BartonHealth. org/Lecture. Learn more about Dr. Ganong’s Regenerative Medicine treatments at Lake Tahoe, Incline Village and Carson City, by visiting BartonOrthopedicsAndWellness.com or calling (530) 543-5554. Keys Breeze
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SEEKING VOLUNTEERS for Board of
Directors Annual Election 2021–2023 Term Board of Directors
By Kirk Wooldridge, General Manager THE TIME IS APPROACHING when the Tahoe Keys Property
Owners Association (TKPOA) will start seeking candidates for the three seats on the Board of Directors that will be vacated at the end of the current term of office. Board Members: Joe Sherry, President; Sean Ward, Secretary; Mel Meyers, Director; have their 2019–2021 terms coming to an end. Vice President Dave Peterson, Treasurer Keiron McCammon, Director Bonnie Halleran, and Director Steve Shepherd still have their 2020–2022 terms to complete. A mailing to all TKPOA property owners will be going out on April 26th, 2021 announcing the upcoming election and requesting you to volunteer your services as a TKPOA Board Member through the Self Nomination process. From the TKPOA BYLAWS ARTICLE VII, Board of Directors,
Section 2: Number and Qualification of Directors.
The Board of Directors shall consist of seven (7) persons who shall be owners of lots whose memberships are in good standing with all assessments current and not subject to any suspension of membership rights. Only one owner per lot shall be eligible to serve on the Board at any time and at least one of the seven Board positions shall be occupied by a townhouse owner.
Section 3: Term of Office.
Each director shall serve for a term of two (2) years, with three (3) directors elected in odd-numbered years and four (4) directors elected in even-numbered years. No individual shall serve more than two (2) consecutive two-year terms on the Board. Each director, including a director elected or appointed to fill a vacancy or elected at a special meeting of Members, shall hold office until the expiration of the term for which he or she was elected and until a successor has been elected and qualified.
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The Association has responsibility for its common elements as well as the management and operation of the Association’s business affairs; all in accordance with standards established by the Governing Documents. To the extent that an association (in our case nonprofit 501(c)(4) corporation) has such authority and control, it is its Board of Directors that carries out these duties and responsibilities. TKPOA’s responsibilities include: on-going maintenance functions, upkeep of the common elements, and to provide and direct TKPOA management and staff. The TKPOA Board’s authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the Governing Documents of the Association. To be successful, the TKPOA Board of Directors must uniformly and fairly govern the community, and it must have a reasonable level of participation by each of its members over time. The duties include: preparing for and participating in 12 Open Board Meetings during the year, 12 Executive Session Meetings during the year, serving as liaison to a standing committee, providing articles for the monthly Keys Breeze, and participating in Town Hall Forums and other meetings to represent the Association and to seek input from members. It requires the contribution of 20 hours per month to 20 hours per week. If you have questions about running for the Board, the current and prior Board Members are a good resource of information.
Officers of the Association
Once the Board of Directors have been elected, each year Article XI of the TKPOA Bylaws requires that the President and Vice President shall be elected by the Board from among the Directors. The Board may appoint, or may empower the President to appoint, such other officers (Secretary and Treasurer) as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided for in the Bylaws and as the Board may from time to time determine. APRIL 2021
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The TKPOA acts through its officers, committees, TKPOA management and staff. The Board of Directors makes the policies for the Association, but the officers, committees, TKPOA management and staff carry out these policies and administrative functions for the community. All of the officers have an affirmative obligation to act with utmost good faith towards the Association and cannot deal in the funds or the property of the Association to their own self-advantage. I invite your candidacy as an Association Director for the coming Fiscal Year 2021–2023 two-year term. The successful operation of our Association is dependent on a qualified and dedicated Board of Directors. The Board meets each month based on an agreed upon yearly schedule at the TKPOA Pavilion to conduct Association affairs and provide members an opportunity to express their views and offer suggestions. To receive additional information on Board candidacy please contact Heather Blumenthal at (530) 542-6444, ext. 228 or email at hblumenthal@tahoekeyspoa.org. If you are a “Member in Good Standing”, as defined in the TKPOA Bylaws Article VII and are interested in serving as a Director, you may nominate yourself as a candidate. Candidates MUST be registered by no later than May 28th, 2021 at 4:30 pm in order to be included on the ballot. Members, who have registered by the deadline, will automatically become candidates and their statements and photographs will be included with the ballot mailed to all members.
TO BE SUCCESSFUL, THE TKPOA BOARD OF DIRECTORS MUST UNIFORMLY AND FAIRLY GOVERN THE COMMUNITY, AND IT MUST HAVE A REASONABLE LEVEL OF PARTICIPATION BY EACH OF ITS MEMBERS OVER TIME.
CALL FOR A FREE ESTIMATE!
2021 ACC APPLICATION SUBMITTAL SCHEDULE
Tanner Hart
boatdocksinc@gmail.com
Submittal Deadline (Wednesday prior to the meeting) August 4
April 28
August 18
May 12
September 8
May 26
September 22
June 9
October 6
June 30
November 3
July 14
December 1 Keys Breeze
General Engineering PO Box 8233 South Lake Tahoe LIC #1051115
BOAT DOCKS
INC
April 14
530-541-1111 BOATDOCKSINC.COM • CUSTOM DESIGNS • FLOATING DOCKS • FIXED DOCKS • SUPPLIES • • RETAINING WALLS • RAMPS • DECKS • PILINGS • REPAIRS • BUOYS • • MAINTENANCE • SALVAGE • RELOCATION • POLYURETHANE FLOATS •
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BOARD ACTIONS SUMMARY By Heather Blumenthal, Operations Manager
MARCH 11TH – EMERGENCY BOARD MEETING BOARD ACTIONS • Approved the Tahoe Keys Property Owners Association (TKPOA) Rules and Regulations for Water Service Emergency Rule Change Order to cease all Landscape Irrigation for all water serviced properties and customers of the Tahoe Keys Water Company and to provide notification to all TKPOA Members immediately. • Approved the Tahoe Keys Property Owners Association (TKPOA) Rules and Regulations for Water Service Rule Change for an Order to cease all Landscape Irrigation for all water serviced properties and customers of the Tahoe Keys Water Company and to provide notification to TKPOA members for a 28-day rule change process scheduled for potential adoption at the May 19th, 2021 Board of Directors Regular Open Meeting. • Approved installation of a temporary uranium treatment system at Well #3 as part of the 2021 Water Allocation and Emergency Facilities Plan for a cost up to $400,000 to be expensed to the Water Company Outside Services Operational Expense Account #51700 Professional Services. This project is not subject to the CEQA Review Process and due to the project’s emergency nature and timeline, the Board has waived the competitive bidding process in order to move forward immediately with ordering and installation. • Approved installation of a temporary uranium treatment system at Well #2 as part of the 2021 Water Allocation and Emergency Facilities Plan for a cost up to $225,250 to be expensed to the Water Company Outside Services Operational Expense Account #51700 Professional Services. This project is not subject to the CEQA Review Process and due to the project’s emergency nature and timeline, the Board has waived the competitive bidding process in order to move forward immediately with ordering and installation. • Approved the purchase and installation of a new pump motor, differential assembly and VFD for Well #1, and reconditioning of the existing Well #1 pump motor and differential assembly to improve the reliability of Well #1 utilizing Commercial Pump and Mechanical (CPM) for a cost of $35,296 plus a 10$ contingency of $4,704 for a total cost of $40,000 to be expensed to the Water Company Outside Services Operational Expense Account #51700 Professional Services. • Authorized borrowing up to $400,000 from the Common Reserves to pay for the three approved projects at Well #1, Well #2, and Well #3 to be paid back by Water Company Operating Funds by the end of the year.
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MARCH 17TH – EXECUTIVE SESSION BOARD ACTIONS • Reviewed eight personnel matters. • Reviewed six member disciplinary matters, including three hearings. • Reviewed 19 legal matters, including ongoing issues with the Tahoe Keys Marina. • Under legal matters, authorized staff to submit a loan application with Merchants Bank of Commerce for funding an anticipated cash shortfall due to the TKM&YC’s communication of intent to not submit payment for their portion of the East Channel Bulkhead Replacement Project completion. • Reviewed 10 contracts, no new contracts were approved.
MARCH 17TH – BOARD OF DIRECTORS MEETING BOARD ACTIONS • Approved the revised Water Restriction Emergency Rule as of March 17th, 2021. • Approved the revised Water Restriction Operating Rule as of March 17th, 2021 to be published for a 28-day membership review period. • Approved Noble Consultants for Construction Management for the East Channel East Bulkhead Replacement Project for $69,100 plus a contingency of $7,000 for a total of $76,100 to be funded out of the Channel and Lagoons Reserve Account #72300. • Approved Green Vista Landscape for the East Channel East Bulkhead Project Revegetation and Erosion Control requirements for $15,050 plus a contingency of $5,000 for a total of $20,050 to be expensed to the East Channel East Bulkhead Replacement Project and to direct staff to explore negotiating cost sharing with the California Tahoe Conservancy (CTC) for their portion of this project requirement. • Approved publishing proposed Architectural Control Rules changes for a 28-day member review period • Approved publishing the new TKPOA water quality website. Keys Breeze
• Changed the name of the Water Company
Long Term Facilities Plan Subcommittee to the Water Company Long Term Planning Oversight Subcommittee. • Accepted Arlene Olson’s resignation from the Visions Ad Hoc Committee.
Custom Boat Docks
Shoreline General Engineering Inc. Docks Ramps Pile Driving Platforms
Piers Fencing Welding Custom Railings
530.545.3188
CA LIC # 692692
www.docksndeckslaketahoe.com |
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TKPOA APRIL 2021 CALENDAR + BEYOND A P R IL 20 2 1
6 ACC Meeting 9:00 am 15 Town Hall Forum – Bottom Barriers 6:00 pm 20 ACC Meeting 9:00 am 21 Board of Directors Exec. Session 9:00 am 21 Board of Directors Regular Mtg. 5:00 pm 27 Finance Committee Meeting 10:00 am Water Quality Committee TBD Tahoe Keys Blvd Median Subcommittee TBD Bylaws and CC&Rs Communication Subcommittee TBD TKPOA Visions Ad Hoc Committee TBD Tahoe Keys Waterways Restoration Fund (TKWRF–501(c)(3) – El Dorado Community Foundation TBD
MA Y 2 0 2 1
4 ACC Meeting 9:00 am 18 ACC Meeting 9:00 am 19 Board of Directors Exec. Session 9:00 am 19 Board of Directors Regular Mtg. 5:00 pm 25 Finance Committee Meeting 10:00 am Town Hall Forum TBD Water Quality Committee TBD Tahoe Keys Blvd Median Subcommittee TBD Bylaws and CC&Rs Communication Subcommittee TBD TKPOA Visions Ad Hoc Committee TBD Tahoe Keys Waterways Restoration Fund (TKWRF–501(c)(3) – El Dorado Community Foundation TBD
Note: All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd, South Lake Tahoe unless otherwise noted. Until further notice, member meeting attendance will be limited to conference call and/or Webinar. Links and call in information for meetings are posted on the TKPOA website ahead of each meeting. Please contact the TKPOA front desk at (530) 542-6444 for details on member attendance.
ACC COMMITTEE OPENING By Linda Callahan
Attention All Members!
The Architectural Control Committee (ACC) is looking to fill an opening on the committee. The ACC meets approximately 18 times per year. Once a month October through February and twice a month March through September. They meet Tuesday mornings at 9 am. The ACC is responsible for reviewing ACC submittals; making sure those submittals conform to the current Tahoe Keys Property Owners Association rules and regulations. The ACC is also responsible for writing ACC rules (ACR) for Board adoption, and for executing the Enforcement Procedure and Fine Policy. The ACC has a dedicated staff of two employees, a Compliance Officer, and a Department Manager. An ideal candidate would possess a good understanding of current local building codes, attention to detail, and a willingness to contribute to the community’s success. If you are interested in being considered to serve as a member of the ACC, please reach out to Linda Callahan at lcallahan@tahoekeyspoa.org or call (530) 542-6444. Keys Breeze
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Legal Expenses By Kirk Wooldridge, General Manager OVER THE COURSE OF A PAST FISCAL YEARS, the Tahoe Keys Property Owner Association (TKPOA) Board of Directors has faced a variety of legal issues ranging:
• • • • • • • • • • •
• • • • • •
Tahoe Keys Marina & Yacht Club (TKM&YC) violations of the 1991 Superior Court of California – Stipulation Agreement No: 1225 TKM&YC legal cases filed in El Dorado Superior Court SCLT – 4914, SC2020-0148 and SC2017-0140 Lighthouse Shores Claims of violations of the El Dorado Superior Court of California – Court Order SV92-0066 Property Owner and Commercial Water Company Collection Activities Compliance with the Davis-Stirling Act Civil Code Amended and Restated – BYLAWS Project Amended and Restated – Declaration of the Covenants, Conditions and Restrictions (CC&Rs) Project Tahoe Keys Water Company – Rule and Regulations Project Employment Law Claims Perchloroethylene (PCE) Litigation Investigation and Strategy Environmental Law Strategy for the TKPOA required Environmental Impact Report (EIR) for California Environmental Quality Act (CEQA) and Environmental Impact Statement (EIS) for National Environmental Policy Act (NEPA) 1991 Community and Single-Family Home Property Owner Dock Disputes Community Ink Publisher – Legal Claim and Arbitration Fire and Water Damage Claims Architectural Control Rules and Operating Rules Enforcement Legal Strategy against external issues that may impact the Association El Dorado Superior Court – Small Claims Court Cases filed against the Association or against the TKM&YC
As a result of these issues the TKPOA like most California Large Scale Associations from time to time and on an ongoing basis require knowledgeable legal counsel representation. To that end, the TKPOA Board of Directors, Finance Committee and TKPOA Staff struggle each year to determine the association’s budget for legal expenses. The amount allocated, whether $5,000, $10,000, $20,000, $40,000 or more, will depend on the anticipated number of legal issues. Unfortunately, legal expenses are not as predictable or as steady as insurance or utility expenses. Associations could go an entire year with no legal expenses and the next Keys Breeze
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year spend $50,000 or more. The more prudent course is to properly fund this expense line item each fiscal year and hope it will not be needed. The Board of Directors is ultimately responsible for the management and conduct of the affairs of the Association. As of December 16th, 2020, the newly adopted BYLAWS, give the Board of Directors authority through Article 8 – Board of Directors Authority: Section 8.14 Other Powers and Duties. The Board shall have the power to exercise for the Association all powers duties and authority vested in or delegated to the Association and not reserved to members by other provisions of the Governing Documents and undertake any action on behalf of the Association as the Board shall deem necessary or proper in the furtherance of purposes and powers of the interest o the Association and its members. In carrying out this Section 8.14 the Board of Directors will need to consult Professional Advisors such as an Attorney or Legal Firm: 8.2 Consult Professional Advisors. The Board shall have the power to consult with, seek the advice of, and reasonably rely on the advice of attorneys, accountants, and other professionals in carrying out the Board’s authority and responsibility under the Governing Documents and the law, and to pay for such professional services. Many of these legal issues are discussed and documented in the Board of Directors - Executive Session per the Davis-Stirling Act Civil Code and the TKPOA BYLAWS as provided: 6.10 Executive Session. To the fullest extent permitted by law, including Civil Code section 4935, the Board may meet in executive session to confer with legal counsel or to discuss and/or vote upon personnel matters, Member discipline, litigation in which the Association is or may become involved, matters that relate to the formation of contracts between the Association and others, and for the purpose of meeting with a member, upon such member’s request, regarding the member’s payment of assessments. Over the past seven years there have been many legal issues that have confronted the Board of Directors, the timing of these issues is never ideal. In addition to this the Board of Directors has also pro-actively taken on legal issues that have for past Board’s not been a priority to CONTINUED ON PAGE 14
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Environmental Quality Act (CEQA) and Environmental Impact Statement (EIS) for National Environmental Policy Act (NEPA) 1991
LEGAL EXPENSES
CONTINUED FROM PAGE 13
address, but instead they have currently moved forward with legal action to finally achieve an outcome. In the past seven years the TKPOA has spent $1,303,714 in legal expenses. YEAR
TOTAL
2014
$58,011
2015
$46,515
2016
$98,626
2017
$333,544
2018
$361,141
2019
$213,130
2020
$192,746
TOTAL
$1,303,714
• •
• •
• •
Association Legal Counsel California Common Interest - Association Law Employment Law Collection Law Architectural Control Rules Enforcement DFEH Claims
1991 Superior Court of California – Stipulation Agreement No: 1225 Enforcement Tahoe Keys Water Company – Rules and Regulation Tahoe Keys Water Company – Collection Activity Tahoe Keys Marina and Yacht Club (TKM&YC) Legal Claims
Downey Brand LLP • •
Environmental Law Environmental Impact Report (EIR) for California Keys Breeze
TKPOA Property Owner – Community Dock Disputes Insurance Claim Coverage
Employment Law Insurance Claim Coverage
Sandhu Law Group LLC
Brownstein Hyatt Farber Schreck LLP • • •
Perchloroethylene (PCE) Litigation Specialty Tahoe Keys Water Company – Legal Claims against Responsible Parties
Boutin Jones Inc.
Richardson Ober DeNichilo LLP
•
• •
Gordon & Rees LLP
The Board of Directors has been pro-active in defending lawsuits and protecting the Associations interests and rights in regard to major issues. In taking on these legal issues the Board of Directors is protecting the association and you as an individual property owner against legal claims. Since 2014, the TKPOA has defended and won all legal claims, insurance claims, El Dorado Superior Court – Small Claims cases and Department of Fair Employment & Housing (DFEH) claims. For the past seven years the TKPOA has received legal settlement payments of approximately $150,000 and has defended against claims successfully of over $1,500,000. To make this happen the TKPOA has utilized the following attorneys and legal firms to defend your interests: • • • • • •
Coopers & Scully
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Injury and Accident Law Insurance Claim Coverage
TKPOA Staff
Representation of the TKPOA and Individual Property Owners in Superior Court of El Dorado County – Small Claims Division These attorneys and legal firms are backed up with our comprehensive insurance coverage provided by Hays Insurance Services whom over the last three years has grown to understand the unique demands of the TKPOA. Each year they strive to find the best insurance coverage to meet our legal and potential liability coverage concerns. These legal expenses can be staggering when they are unplanned, and the timing of these issues can present ongoing challenges for the TKPOA Board of Directors and TKPOA staff. The $1,303,714 in legal expenses does not represent the countless hours spent by TKPOA Board of Directors, Committee volunteers, and TKPOA staff to support and defend these legal issues and support these legal teams in their cases to provide cost effective and positive outcomes. As part of your quarterly assessment, you are paying for these legal expenses which is a reality as a member of a large-scale association like the TKPOA. It sounds simple, but any legal action put forward by a TKPOA property owner against the TKPOA, is legal action against yourself as a property owner, which will result in an increased legal expense for the TKPOA property owners. The TKPOA Board of Directors and TKPOA staff will continue to try to minimize these expenses on a caseby-case basis to determine the best legal outcome for the TKPOA property owners based on the legal counsel review and advisement.
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Emergency Rule NOTIFICATION
TO : Tahoe Keys Property Owners Association (TKPOA) – Property Owners and Commercial Customers served by the Tahoe Keys Water Company (TKWC) RE: Approved Emergency Rule Change – An Order for the Prohibition of all Landscape Irrigation for all TKPOA Water Serviced Properties and Commercial Customers of the Tahoe Keys Water Company ON MARCH 17TH, 2021, the TKPOA Board of Directors
approved and adopted the following Emergency Rule during the Open Board Meeting. Pursuant to Civil Code Section 4360 (d) an Emergency Rule Change to prohibit “all landscape irrigation” for all water serviced properties and commercial customers of the TKWC. This emergency rule change shall be in effect for 120 days, from April 1, 2021–July 8, 2021 per the TKWC memorandum dated February 28th, 2021 that documents the forecasted water shortage this coming summer due to current and potential further uranium contamination citations from the State Water Resources Board. This order will extend to all TKPOA common areas, all cove townhome landscaping, all single-family home landscaping, and commercial water customer properties landscaping. The Board of Directors has implemented this emergency rule based on the authority granted from the “Tahoe Keys Property Owners Association Rules and Regulations for Water Service” Section 12; Paragraph 12.3 ‘Public Hazard’, and by authority of the Davis Stirling Civil Code §4360 (d) to impose an irrigation prohibition order which is required by the limited TKWC Water Service available because of the natural occurring Uranium contamination of TKWC wells 2 & 3, and potential threat to personal safety. PROPOSED EMERGENCY RULE CHANGE EFFECTIVE IMMEDIATELY April 1st, 2021 – July 8th, 2021
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The TKWC is issuing an order prohibiting “all landscape irrigation” (sprinklers, drip systems, hand watering, etc.) and draining and refilling of pools, hot tubs, and spas, utilizing Tahoe Keys supplied water for all Tahoe Keys Water Company water serviced properties and commercial customers. This includes TKPOA common areas, all cove townhome landscaping, all single-family home landscaping, and commercial water customer properties landscaping.
Violations of this Order
The TKWC Rules and Regulations provide the following: Water Service Section 12; paragraph 12.2 “Termination of Service” Any violation of the “Prohibition Order” may result in water service disconnection based on the following written notices issued by the TKWC.
First Violation
First Written Notice shall be issued by the TKWC. A written notice with return receipt requested to the owner describing the violation, a notice will also be delivered to the property. This notice must state the nature of the violation and request that the owner either (i) resolve the violation within a specified time, which shall be within 72 hours or (ii) inform the TKWC of a timeframe by which the violation will be corrected. The notice shall also describe the consequences for non-compliance, including applicable fines. To avoid imposition of fines pursuant to the procedures below, the owner must notify the TKWC when the violation has been corrected. A re-inspection of the property shall be APRIL 2021
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conducted to verify compliance and shall be recorded in the file for that property.
Second Violation
Second Written Notice shall be issued by the TKWC. Any violation that is not resolved according to the deadline set forth in the First Notice of Violation is subject to fines and disconnection. A second notice of violation will be sent via certified mail stating that within seventy-two (72) hours of delivery or attempted delivery of the notice, and a notice will also be delivered to the property. The owner must either remedy the violation(s) or contact the TKWC informing them of the date by which compliance will be achieved. A re-inspection of the property shall be conducted to verify compliance and shall be recorded in the file for that property. A fine of $1,000 will be imposed on the property.
Third and Final Notice of Violation
Third Written Notice shall be issued by the TKWC. If a violation has not been resolved according to the deadline set forth in the Second Notice of Violation, a Third and Final Notice of Violation will be sent via certified mail informing the owner that the violation has not been resolved and a notice will also be delivered to the property. The Board of Directors will hold a hearing to consider termination of the water service. The hearing before the Board of Directors shall be set no fewer than ten (10) days from the mailing date of the Third and Final Notice of Violation. At the hearing, the owner has a right to appear and address the Board. If a water service disconnection is imposed, the owner shall be notified in writing of the decision within fifteen (15) days following the Board’s decision. A fine of $2,000 will be imposed on the property. A forty-eight (48) hours’ notice will be given prior to disconnection of water service, the TKWC shall make a reasonable effort to contact the property owner by telephone or in person to notify the property owner that water service will be disconnected by a specified date and time if the Violation of the Third Written Notice is not resolved. A re-inspection of the property shall be conducted to verify compliance and shall be recorded in the file for that property.
Recurrent Violations
In the event an owner has already committed at least two (2) prior violations for which First Notices of Violation have been issued, the Board of Directors may at its discretion bypass the First Notice of Violation and Keys Breeze
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Second Notice of Violation and start the enforcement process with the issuance of a Third and Final Notification.
Disconnection of Water Service
Termination of water service due to violations charges must occur on a weekday and when the TKWC/TKPOA office is open.
Reconnection of Water Service
Once the Water Service has been disconnected through this violation process, the property owner will have to agree to, contract and pay for the reconnection of the water service with a flow restriction valve to allow for only water service to provide household water use. The cost of the installation of the flow restriction valve is estimated at $3,000 to $5,000 depending on property location.
Due Date for Fines
For non-member owners, fines imposed pursuant to these Rules and Regulations are due by the due date for the next water bill, or an alternative later date set at the Company’s sole and absolute discretion. For member owners, fines imposed pursuant to these Rules and Regulations are due by the date set by the Board for the payment of Individual assessments. Individual assessments imposed upon a property are due by the date set by the Board of Directors. If the payment is not made on or before this date, the TKPOA, in accordance with its collection policy, may place a lien on the member owner’s property.
Appeals
Any owner may appeal a TKWC decision by filing a written appeal with the TKWC Manager, in a form approved by the TKWC, within ten (10) days from the date of any decision made in accordance with the provisions of these Tahoe Keys Water Company – Rules and Regulations for Water Service: Section 13.
Water Service Call Charges for Service Calls Outside Regular Working Hours
In accordance with Water Section 8: SCHEDULES OF CHARGES, RATES AND FEES, 8.4 Schedule 4 – Water Service Call Charges for Service Calls Outside Regular Working Hours. For a service call outside the company’s business hours 7:30 am–4 pm Monday through Friday, the owner shall be charged a flat fee of $150, plus an additional $75 per hour for the company’s time in excess of two hours. APRIL 2021
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By Keiron McCammon, Treasurer AGAIN, A BIG THANK YOU to everyone who took the time to complete the member survey. It was great to get 697
responses (forty-five percent of our homeowners). Last month, I reviewed many of the results related to our members’ make-up and the general sentiment regarding our Association and its services, facilities, and amenities. Now let’s dig into some specifics. First, we asked if you felt the elected Board of Directors strives to serve our community’s best interests as a whole. While the vast majority were neutral or agreed (some strongly) that the Board of Directors does strive to serve our community’s best interests, 147 disagreed (some strongly). Suffice to say, there’s room for improvement here, and this Board is committed to doing even better in serving your best interests and increasing our level of transparency and communication with homeowners.
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Q16. Do you feel the members of the elected Board of Directors strive to serve the best interests of our community as a whole?
On that front, a good majority of you (62%) voiced your concerns that our quarterly assessments fees are too high. Only 5% stated that they felt fees were too low (32% thought they were just right). Setting appropriate fees is a challenging issue—striking a balance between necessary costs and investment to maintain and enhance all that we enjoy owning/living in the Tahoe Keys while keeping annual increases in fees to a minimum. While both second-home owners and full-time residents felt the same about assessment fees, townhome/cove homeowners tended to skew to feeling fees are too high (73%) versus single-family homeowners (59%). This skew is understandable since some of our Coves have quarterly assessments over $2,800 (compared to $735 for single-family homes).
Q20. Do you feel the quarterly assessment of $735 for 2021 is too much, just right, or too little?
We were curious whether those that felt the assessments fees were too high would still feel this if they understood that $183 of the $735 assessment fee was for our Water Company that provides all our water. Even taking this into account, 300 (75%) homeowners still felt fees were too high. Keys Breeze
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Q21. When you consider that $183 of the $735 quarterly assessment is for our Water Company that provides all your water do you still feel it is too much?
So it seems fair to say that most homeowners either feel fees are too high or just right. As we start work on the budget for next year, the Board, Finance Committee, and staff will need to take this to heart and work to limit the necessary increases in assessment fees for 2022. Labor and service costs go up year-over-year as a matter of course, and we are faced with some pressing issues (our Water Company and the fight against the aquatic weeds, to name two), so there is a headwind against us at the moment.
Next, we wanted to see if our members would be willing to pay higher assessment fees if it meant that we could improve our services, facilities, and amenities. While 193 (31%) would be willing to pay more, the vast majority, 431 (69%), felt fees were already too high, or just right.
Q28. Would you be willing to pay higher quarterly assessment fees in the future if it meant we could improve our services, facilities, and amenities? Interestingly, single-family homeowners and full-time residents were more inclined to pay higher fees. Secondhome owners skewed more to feeling that fees and amenities were just right. What strikes me is that many homeowners would like to invest more in our Association, and it behooves us to find ways they can do that without forcing increased assessment fees on everyone. To that end, the Board recently appointed new
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committee members to the Tahoe Keys Waterways Restoration Fund, a 501(c)(3). A year ago, the Board approved setting up this fund to work with our Water Quality Committee to identify projects that homeowners may want to fund through charitable donations to help tackle the challenges we face with our lagoons and the invasive weeds. More on this through the year. Another possible contention for members is the numerous operating rules and regulations that come with being part of a property owners association. It was gratifying to see that many (48%) of you feel that our rules and enforcement improve owning/living in the Tahoe Keys. Although just as many feel they make no difference, or even worse, detract from owning/living here.
Q13. Do the “rules” of the Association improve, detract, or make no difference to owning/living in the Tahoe Keys?
When asked specifically about our architectural rules and enforcement, 50% felt it improves owning/living in the Tahoe Keys.
Q14. Do the Architectural Control Rules and their enforcement improve, detract, or make no difference to owning/living in the Tahoe Keys?
Although 163 (25%) homeowners felt the rules and their enforcement detracts from living/owning here. Our Architectural Control Committee members and Architectural Control Department staff are the enforcement arm of the Association in many ways, and no one likes being told what they can and can’t do. Yet, our rules and enforcement help maintain the high standards we all enjoy and benefit from owning/living in the Tahoe Keys. That said, perhaps there is work to be done to minimize the number of rules, to be even fairer in their enforcement, and to endeavor to put homeowners’ wishes first wherever possible. To that end, it is clear that many of you (314) feel the various fees we charge for applications to the architectural department (that range from $25 to $500) are too high.
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Q15. Do you feel the ACC application fees for all exterior improvements are too much, just right, or too little?
I believe that over the years, these fees have been increased during various budgeting cycles. As part of our budget planning for 2022, we will look at the impact of normalizing the different fees so as not to penalize those homeowners who are investing in improving their properties. On a fun topic, I was pretty surprised at the number of homeowners that expressed interest in volunteering to serve on one of our committees or even to help operationally across our various departments.
Q29. Would you be interested in volunteering?
Of course, the rubber will hit the road when we reach out to those of you that indicated you’d like to volunteer and provided an email address…don’t let us down now. The Board and our General Manager will be discussing the possibility of leveraging volunteers beyond our usual committees. It might be a way to supplement our staffing levels or possibly reduce costs in some areas. Of course, this is as yet unproven. Still, I believe Greg Hoover (Water Quality Manager) will try experimenting with a volunteer program to help crew our skimmer boats this coming season. And, given the number of you interested in serving on our committees, we’ll see if we can create more opportunities for you to step in this year.
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Now to the final question, how likely is it that you would recommend owning/living in the Tahoe Keys to a friend or colleague? This question is an industry-standard way that businesses and brands use to gauge the perception of their customers. It’s a way to calculate what’s called a Net Promoter Score (NPS). You respond by giving a rating between 0 (not at all likely) and 10 (extremely likely). Those that gave a score of 9 or 10 are called Promoters and are typically loyal and enthusiastic. Passives respond with a score of 7 or 8 and are satisfied but not happy enough to be a Promoter. Detractors respond with a score of 0 to 6, they are unhappy, and in a business context, they are unlikely to buy from you again and may even discourage others from buying from you. We included this question in the survey to get a measure of how satisfied homeowners are with owning/living in the Keys overall, taking into account all our services, facilities, and amenities, our staff, and everything the Keys affords.
Q10. How likely is it that you would recommend owning/living in the Tahoe Keys to a friend or colleague?
We scored seven. To put this score in context, a negative score indicates the need for improvement. A score between zero to thirty is considered good, a score of thirty to seventy is great, and anything over seventy is excellent (think brands like Apple and Nike). Overall, the sentiment is that owning/living in the Keys is “good,” but not “great.” Hopefully, this and future Boards can continue to improve our Association year-over-year, and our net promoter score will go from seven to over thirty.
If you are interested in the complete set of survey results, you can view the overview I put together here: http://bit.ly/ tkpoa-results Or scan this QR code with your phone: A PDF version of the presentation is available on the TKPOA website: http://bit.ly/tkpoaresults-download Once again, thank you to everyone that participated in this year’s survey; your input is invaluable to the Board as we deliberate and debate our future actions. If you have any questions or concerns, you can email me at keiron@mccammon.me. Keys Breeze
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Notice of Change in Operating Rules
TEXT OF PROPOSED CHANGES
(Deletions are shown in strikethrough type and additions in boldface underlined type) ON MARCH 17TH, 2021, the TKPOA Board of Directors
approved the following Proposed changes to Architectural Control Rules for a 28 day membership review period. These rules will be considered for adoption at the June 16th, 2021 Board of Directors Meeting. If you would like to provide any feedback to the Board prior to approval, please email your comments to Heather Blumenthal, Operations Manager at hblumenthal@ tahoekeyspoa.org, or submit them in person at the TKPOA Pavilion Office.
Section 10 – Landscaping 10.03 All Developed lots within the Tahoe Keys are to be landscaped and maintained. Undeveloped lots must also be maintained. The dumping of any debris is prohibited. Vehicles must be parked on approved paved areas. Trailer/Boat storage is not allowed. 13.17 Over Water Platforms (OWPs) – The maximum width, parallel to the high waterline, is limited to 25% of that measurement. Under no circumstances can the width, as measured parallel to the high waterline, be more than twenty feet (20’). Height limitations not to exceed twelve inches (12”) above the bulkhead and no more than three feet (3’) above high water where there is riprap. 13.24 Maintenance and Cleaning are recurring activities not requiring ACC approval. They are associated with maintaining accessory structures in a good condition. They include tasks such as washing, painting (same colors) and replacement of lighting fixtures, hardware, bumpers (in kind) and resetting of pilings. Resetting of pilings means to drive existing piles back down to original depth, in the original position. Section 14 – Exterior Lighting The primary intent of rules for exterior lighting in the TKPOA is to: a) Protect property owners from annoyance and obtrusive glare; b) enhance safety, security, and usability of the properties; c) provide for installation and maintenance of subtle, low-intensity lighting, which enhances landscaping, and d) provide protection for night-sky viewing opportunities. This requires attention to overall management of outdoor lighting and a general reduction in lighting intensity. 14.03 Accent decorative and landscape lighting should be soft, low intensity and not offensive to neighbors or to traffic. All exterior lighting must be extinguished after 10:00 p.m.; with the exception of low intensity front and/or rear property lights. No rope or string lights are permitted except as provided in section 15.14. (holiday lights) 14.04 Dock, Ramp, and Over Water Platform (OWP) lighting 14.04a Light colors are limited to: warm white and pale blue.
ARE IN
Purpose and Effect of Proposed Rule Change To further clarify Architectural Control Rules
Section 9 – Fences 09.03 Height: Fences must not be higher than six feet (6’) along the side of the house, or higher than three four feet in front of the house or four feet (4’) in the rear of the house. Front fences must comply with the 5 foot setback from the curb requirement. Section 9A – Revetments, Bulkheads, and Landscape Walls 9A.01 Landscape walls less than 2 feet high and not within 1 foot of the high water line are exempt from City permit requirements. 9A.03 Any landscape wall four three feet or higher, at or facing the high water line, and changes the natural slope or gradient of the lot, will require a City Permit. 9A.04 Walls four three feet and higher are required to be engineered and contain an engineering stamp. You are encouraged to contact TRPA CSLT first to reduce the potential for misunderstandings about the type of wall and review processes required. 9A.05 Landscape/retaining walls: If a retaining wall is necessary, it shall not be more than 1’ above the high waterline (HWL) when placed behind the HWL. No retaining wall shall be below the HWL. Additional height of the retaining walls may be considered if it is 2’ or more behind the HWL. Retaining walls may be of the following materials: rock, concrete, concrete blocks, interlocking vinyl, or steel piling. Other materials may also be considered. Keys Breeze
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14.06a Soffit lights: Generally used to illuminate building sidewalls, entryways and exits. Soffit lights are recessed pointing downward from the underside of an architectural structure such as an arch, a balcony, or overhanging eaves. They may not be placed more than 12 feet above ground level and not less than 8 feet apart. The depth of the recess must be sufficient to conceal the lighting filaments so as not to project light directly to neighboring properties or the street. Soffit lights must be extinguished after 10:00 p.m. or be set on motion detection for no more than 5 minute cycles. 14.07 Front Porch Lights: May stay on all night, but must be screened, shaded, or aimed downward so as to not annoy or disturb neighbors. 14.07a Illuminated street addresses: Usually positioned on or near the front porch/entry. Only required on new construction of the primary residences. May stay on all night. May be added to existing residence structures. Street addresses may be illuminated from low intensity, front porch lights, or independently by low intensity lights. 14.08 Rear Property Lights: Can include temporary use of floodlights (see floodlighting 14.02) and temporary use yard lights that facilitate use of the property (outdoor parties, games, etc). Rear Property Lights must be aimed, screened, shielded, or constructed so filaments are not visible from adjacent lots or common areas, and must not be positioned (aimed) to reflect off water surfaces. All Rear Property Lights must be extinguished after 10:00 p.m. (see exception in 14.03). Section 15- Misc. Provisions for exterior grounds, storage, and structures 15.02 Free Standing temporary storage structures (including Bear Boxes) of any most types are not permitted. Permanent storage structures integrated into the design of the residence structure may be considered. on a case-by-case basis. 15.02a Bear Boxes may be considered under the following circumstances: • Must be approved by ACC. • May not be positioned in side or rear setback areas. • May not be placed closer than 20 feet of the front curb. • May be placed where they can be screened from view from the street and neighboring properties. • Installations accommodating more than 3 standard garbage cans will not be allowed. Keys Breeze
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Notice of Change in Operating Rules
TEXT OF PROPOSED CHANGES (Deletions are shown in strikethrough type and additions in boldface underlined type
ON MARCH 17TH, 2021, the TKPOA Board of Directors
approved the following Proposed Rules for Water Restrictions for a 28 day membership review period. These rules will be considered for adoption at the May 19th, 2021 Board of Directors Meeting. If you would like to provide any feedback to the Board prior to approval, please email your comments to Heather Blumenthal, Operations Manager at hblumenthal@tahoekeyspoa. org, or submit them in person at the TKPOA Pavilion Office. Purpose and Effect of Proposed Rule Change To address the forecasted water shortage due to current and potential further uranium contamination citations from the State Water Resources Board per the Tahoe Keys Water Company’s (TKWC) February 28th, 2021 memorandum. The TKWC is issuing an order prohibiting “all landscape irrigation” (sprinklers, drip systems, hand watering, etc.) and draining and refilling of pools, hot tubs, and spas, utilizing Tahoe Keys Water Company supplied water for all Tahoe Keys Water Company water serviced properties and commercial customers. This includes Tahoe Keys Property Owners Association (TKPOA) common areas, all cove townhome landscaping, all single-family home landscaping, and commercial water customer properties landscaping. Violations of this order: The TKWC Rules and Regulations provide the following: Water Service Section 12; paragraph 12.2 “Termination of Service” Any violation of the “Prohibition Order” may result in Water Service disconnection based on the following Written Notices issued by the TKWC. First Violation: First Written Notice shall be issued by the TKWC. A written notice with return Keys Breeze
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receipt requested to the owner describing the violation, a notice will also be delivered to the property. This notice must state the nature of the violation and request that the Owner either (i) resolve the violation within a specified time, which shall be within 72 hours or (ii) inform the TKWC of a timeframe by which the violation will be corrected. The notice shall also describe the consequences for non-compliance, including applicable fines. To avoid imposition of fines pursuant to the procedures below, the owner must notify the TKWC when the violation has been corrected. A re-inspection of the property shall be conducted to verify compliance and shall be recorded in the file for that property. Second Violation: Second Written Notice shall be issued by the TKWC. Any violation that is not resolved according to the deadline set forth in the First Notice of Violation is subject to fines and disconnection. A second notice of violation will be sent via certified mail stating that within 72 hours of delivery or attempted delivery of the notice, and a notice will also be delivered to the property. The owner must either remedy the violation(s) or contact the TKWC informing them of the date by which compliance will be achieved. A re-inspection of the property shall be conducted to verify compliance and shall be recorded in the file for that property. A fine of $1,000 will be imposed on the property. Third and Final Notice of Violation: Third Written Notice shall be issued by the TKWC. If a violation has not been resolved according to the deadline set forth in the Second Notice of Violation, a Third and Final Notice of Violation will be sent via certified mail informing the owner that the violation has not been resolved and a notice will also be delivered to the property. The Board of Directors will hold a APRIL 2021
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hearing to consider termination of the water service. The hearing before the Board of Directors shall be set no fewer than ten (10) days from the mailing date of the Third and Final Notice of Violation. At the hearing, the owner has a right to appear and address the Board. If a water service disconnection is imposed, the owner shall be notified in writing of the decision within fifteen (15) days following the Board’s decision. A fine of $2,000 will be imposed on the property. A 48 hours’ notice will be given prior to disconnection of water service, the TKWC shall make a reasonable effort to contact the property owner by telephone or in person to notify the property owner that water service will be disconnected by a specified date and time if the Violation of the Third Written Notice is not resolved. A re-inspection of the property shall be conducted to verify compliance and shall be recorded in the file for that property. Recurrent Violations. In the event an owner has already committed at least two (2) prior violations for which First Notices of Violation have been issued, the Board of Directors may at its discretion bypass the First Notice of Violation and Second Notice of Violation and start the enforcement process with the issuance of a Third and Final Notification. Disconnection of Water Service. Termination of water service due to violations charges must occur on a weekday and when the TKWC/TKPOA office is open. Reconnection of Water Service. Once the water service has been disconnected through this violation process, the property owner will have to agree to, contract and pay for the reconnection of the water service with a flow restriction valve to allow for only water service to provide household water use. The cost of the installation of the flow restriction valve is estimated at $3,000 to $5,000 depending on property location. Due Date for Fines. For non-member owners, fines imposed pursuant to these Rules and Regulations are due by the due date for the next Keys Breeze
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water bill, or an alternative later date set at the company’s sole and absolute discretion. For member owners, fines imposed pursuant to these Rules and Regulations are due by the date set by the Board for the payment of Individual assessments. Individual assessments imposed upon a property are due by the date set by the Board of Directors. If the payment is not made on or before this date, the TKPOA, in accordance with its collection policy, may place a lien on the member owner’s property. Appeals: Any owner may appeal a TKWC decision by filing a written appeal with the TKWC Manager, in a form approved by the TKWC, within ten (10) days from the date of any decision made in accordance with the provisions of these Tahoe Keys Water Company – Rules and Regulations for Water Service: Section 13. Water Service Call Charges for Service Calls Outside Regular Working Hours In accordance with Water Section 8: SCHEDULES OF CHARGES, RATES AND FEES, 8.4 Schedule 4 – Water Service Call Charges for Service Calls Outside Regular Working Hours. For a service call outside the Company’s business hours 7:30 am–4 pm Mondaythrough Friday, the owner shall be charged a flat fee of $150, plus an additional $75 per hour for the company’s time in excess of two hours.
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www.TahoeKeysRealty.com
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Shrimply Blue:
A Mission to Restore Tahoe’s Lake Clarity
By Madison Schultz, Chief News Editor, IVCBA OUTDOOR ACTIVITY IS CONSTANTLY BUSTLING in Tahoe
communities, and many locals share their outdoor adventures with their four-legged best friend. However, what comes with an influx of human activity, comes with loss of lake clarity. In such a flourishing, dog-friendly community, Yuan Cheng, president and founder of Shrimply Blue has found a way to help restore Tahoe’s lake clarity, while also serving fido his much-deserved treats. “I just finished my MBA program at UC Davis, and for my graduating project you typically work with a company, so I worked with the Tahoe Environmental Research Center,” Cheng said. “The [TERC] said to us ‘there is invasive shrimp in the lake, they’re high in Omega-3, were trying to get rid of them, but what can we do with them?’” After working with five other MBA students and TERC, Cheng and his team came up with the plan to harvest invasive Mysis shrimp, to then repurpose them into healthy dog treats. While just starting out, the small nonprofit is diving headfirst into production, and is already in the process of testing out the dog treats and further analyzing their health benefits; to assure dog owners that they’re safe and delicious for your furry friends to enjoy. The process to harvest Mysis shrimp is completed through mid-water trawling, which is when boat vessels Keys Breeze
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are out on the lake and catch invasive shrimp with a large net off the vessel. The key to harvesting the Mysis is that they congregate mid-water, which allows them to be targeted without negatively influencing other dynamics of the lake. After the shrimp are caught, they would then be sent to a processing facility to be manufactured into the all-natural dog treats that Shrimply Blue is creating. “From a nutritional profile, these [treats] are really what I think dog owners are already looking for,” Cheng said. “On a dry basis, the Mysis shrimp are 58% protein, they’re total lipid content is 22%, and 32% of that is Omega-3.” Though these Mysis shrimp do have hearty health benefits, Shrimply Blue is taking it one step further, and actively testing new recipes as well as curating ways to extend the lifespan of these dog treats. “My main role is to help make the dog treats by creating the recipes, testing shelf-life, and running microbial and quality control tests to ensure that they are safe,” said Bisma Parwez, Shrimply Blue co-founder. Parwez is a fourth-year UC Davis Food Science & Technology student. Parwez and other food science team members have been actively making sure that these treats are safe by running extensive testing to ensure high quality nutrition standards. Parwez said the company is focused on an all-natural product that promotes health and happy canines. Aside from the positive health benefits that these treats have, the mission behind Shrimply Blue is to “Restore Lake Tahoe’s clarity through dog treats.” But, Cheng says, beyond lake clarity, they are also focused on Lake Tahoe’s larger ecosystem. “Tahoe’s water clarity used to be 102 feet, and the latest measurement has declined by nearly 40%,” Cheng said. “Global warming and increase in algae growth are things we really want to avoid moving forward. Lake Tahoe is such an iconic and beautiful lake, and we think it’s important to bring it back to what it once was. It’s amazing that by restoring Tahoe’s ecosystem, we can help the lake almost restore itself and its water clarity – APRIL 2021
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so that’s really our pull,” Cheng said. While dog treat tasting and testing is currently in the works, the startup’s goal is to trawl Emerald Bay by the fall of 2021. “Emerald Bay makes a really strong case study because though it’s attached to Lake Tahoe, the Mysis there are isolated, and they don’t intermingle,” Cheng said. “This means you can very quickly effect the population of Emerald Bay because it’s smaller – and you can very quickly see what the ripple effect/s to the ecosystem are going to look like.” Cheng also noted that in 2012 TERC saw the Mysis in Emerald Bay disappear, and very quickly noticed that Daphnia, native plankton, come back, and water clarity get restored. “The idea for us is to start on Emerald Bay, trawl the Mysis there, and reproduce what happened in 2012,” Cheng said. “After trawling, we expect the Daphnia to come back within a year, and water clarity to improve within two years.” Considering that Shrimply Blue is a small nonprofit just starting out, it has an exciting roadmap to success ahead. It is looking for community support and engagement to get this project to flourish and become successful. Shrimply Blue staff members are excited to get further involved with the Tahoe surrounding communities in-person when physically meeting is considered safe once again. Though the treats directly benefit the pooches, the nonprofit isn’t intending to stop by only servicing the dogs; in fact, Shrimply Blue also has some great benefits for local community members as well. “As this project scales up on Lake Tahoe, eventually it could be up to 8–10 vessels trawling the lake just at night for Mysis shrimp, so the other piece of this [project] that is positive is that we’re adding to the local economy,” Cheng said. “We needed a really unique way for the local economy and jobs to be tied to the environmental aspect of Tahoe, so that’s another added benefit.” Cheng also notes that the nonprofit has been doing everything it can to keep things local, help the local economy, and making this project feel like it’s happening alongside the local communities. Shrimply Blue board member, Roger de Lusignan, volunteered to help with fundraising efforts. He says he is excited to find funding in local North Lake communities to keep the momentum going around this project. Keys Breeze
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“We’re reaching out to the homeowners associations, were trying to identify high net-worth individuals that have an interest in the lake, and we are needing a corporate sponsor,” de Lusignan said. Right now, the nonprofit is still in the early stages, and though Shrimply Blue has a strong path to success, they need all the community support that’s available to them. “We are putting in extensive efforts to do all the right things, we just need all the community support,” de Lusignan said. To help support Shrimply Blue, local Lake Tahoe communities are encouraged to: Make a donation and help Shrimply Blue raise funds to clear Emerald Bay this year. Sign up to learn more about Shrimply Blue’s dog treats. Contact the Shrimply Blue team to volunteer and join the effort of restoring Lake Tahoe’s water clarity. If you’re interested in donating, volunteering, or following along with Shrimply Blue, visit: www. shrimplyblue.org/subscribe, or follow the team on Facebook, Instagram, LinkedIn, and Pinterest at the handle: @ShrimplyBlue.
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COVE ADVISORS NEEDED COVE ADVISORS NEEDED FOR BAVARIAN ISLE, ALOHA ISLE, ST. MORITZ, COVE 3B, ISLANDERS I, AND MOUNT TALLAC VILLAGE III It is important that all TKPOA subdivisions are represented by a property owner living within their subdivision. Per the Advisor rules, any owner in good standing may volunteer to serve as the Advisor to their Subdivision or Cove. Otherwise the property owners may nominate themselves or another owner within that subdivision, confirmed by a vote of the Board of Directors. Each Cove Advisor is responsible for handling the general affairs of the cove including unit/ common area facilities; report maintenance, repair and other property owners issues to TKPOA management and follow-up in keeping those property owners up to date with current events, general affairs of projects happening within the Keys, and manage the cove’s budget. If you want to volunteer or nominate a fellow owner please complete the “Request to be Appointed” form, which can be found on the TKPOA website: www.tkpoa.com by clicking on the news ticker on the home page. Please return your completed form to Operations Manager, Heather Blumenthal, or turn in at the Pavilion Office located at 356 Ala Wai Blvd, South Lake Tahoe, CA 96150. Sincerely,
Carl Frederick COVE 3A ADVISOR CO-CHAIR ADVISOR COMMITTEE
2021 ARCHITECTURAL CONTROL COMMITTEE MEETING SCHEDULE IMPORTANT!
APRIL 6 & 20
MAY 4 & 18
JUNE 1 & 15
JULY 6 & 20
AUGUST 10 & 24
SEPTEMBER 14 & 28
OCTOBER 12
NOVEMBER 9
DECEMBER 7
Keys Breeze
ACC Meetings have been moved from Mondays to Tuesdays for 2021.
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APRIL 2021
All meetings are held at the Pavilion and begin at 9:00 am unless otherwise posted. ACC application submittals are due by Wednesday prior to the meeting date. For more information please contact Linda Callahan, ACD Manager, at (530) 542-6444, ext. 239, or lcallahan@tahoekeyspoa.org. |
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ATTENTION TKPOA MEMBERS Nationwide, the U.S. Postal Service has been plagued by continuous delivery delays. Reportedly, on-time delivery is only 64% for First-Class mail. To avoid late charges, please allow more time for your quarterly assessment payments that are sent to the Tahoe Keys Property Owners Association. Quarterly statements are mailed out as a courtesy, however, assessment payments are due even if the statement is not delivered by your mail courier.
MAIL PAYMENTS TO:
Tahoe Keys POA P.O. Box 1026 Roseville, CA 95678-8437
THE ASSESSMENT PAYMENT SCHEDULE is located towards
the back of every Keys Breeze issue. Assessments are due on a quarterly basis as indicated in the assessment payment schedule. No other payment plans have been approved by the board, so please pay your assessment in full according to the schedule.
QUARTERLY DUE ASSESSMENT
Qtr 1 Qtr 2 Qtr 3 Qtr 4
Jan. 1 April 1 July 1 Oct. 1
LATE FEE APPLIES AFTER
Jan. 30 April 30 July 30 Oct. 30
Meetings and Approvals
At the March 17th, 2021 Open Board Meeting, the TKPOA Board of Directors: reviewed homeowner delinquent accounts. There were no disciplinary hearings for delinquent accounts. Disciplinary hearings are generally held when a homeowner is delinquent on two quarterly assessments.
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At the March 23rd, 2021 Finance Committee meeting, the TKPOA Finance Committee members: Reviewed and approved the January 2021 Financial Statements, received a report and update on the recently enacted Tahoe Keys Water Co. (TKWC) emergency rules, approved GL coding for the TKWC Long-Range Facilities Plan, reviewed Legal Expenses, reviewed the 2020 TKPOA Member Survey, reviewed a list of budget adjustments, and reviewed a draft of the 2022 Budget Development Schedule. The next meeting for the Finance Committee is scheduled for Tuesday, April 27th, 2021. As a reminder, the Budget meetings, the Board meetings, and the Finance Committee meetings, and are open to members of the TKPOA (meeting dates are subject to change).
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TAHOE KEYS PROPERTY OPERATING & RESERVE FUNDS NET INCOME RESULTS (DRAFT) AS OF JANUARY 31, 2021 (ACCRUAL BASIS) ANNUAL EXPENSE BUDGET % REMAINING BUDGET
OPERATING FUNDS (YEAR TO DATE) FUND
INCOME
EXPENSE
NET INCOME
BUDGETED
%
EXPENSE
RESERVE FUNDS (YTD) NET INCOME
TKPOA COMMON Common
$541,244
$143,516
$397,728
$2,034,216
92.9%
$96,387
Water Quality
129,247
21,660
107,587
604,937
96.4%
17,187
Water Company
140,475
57,910
82,564
651,727
91.1%
102,564
$810,966
$223,086
$587,880
$3,290,880
93.2%
$216,137
TKPOA TOTALS
SUBDIVISIONS Cove 1
$24,940
$6,418
$18,523
$69,110
90.7%
$7,774
Cove 2
19,574
4,862
14,712
62,961
92.3%
11,667
Cove 2A
30,885
8,099
22,786
99,773
91.9%
24,381
Cove 3A
24,429
8,140
16,289
73,753
89.0%
22,865
Cove 3B
22,095
4,255
17,840
62,512
93.2%
11,555
Cove 3C
34,367
8,963
25,405
126,463
92.9%
20,686
Cove 4
21,740
7,320
14,421
54,752
86.6%
11,320
Cove 5
68,364
18,495
49,869
239,628
92.3%
28,910
Islanders I
9,713
3,317
6,396
33,056
90.0%
6,363
Islanders II
17,934
7,057
10,877
60,880
88.4%
11,000
Islanders III
37,082
9,639
27,443
116,066
91.7%
11,606
Tahoe Marina Shores
41,938
10,928
31,010
159,645
93.2%
19,682
Lighthouse Shores
14,301
2,511
11,790
40,974
93.9%
6,695
PineStone East
301
104
198
1,242
91.7%
1,569
PineStone West
553
69
484
829
91.7%
982
2,855
253
2,602
3,038
91.7%
3,771
$371,071
$100,428
$270,643
$1,204,682
91.7%
$200,828
$1,182,037
$323,515
$858,522
$4,495,562
92.8%
$416,965
12
91.7%
PineStone 3 SUBDIVISION TOTALS ASSOCIATION TOTALS
Operating Months Remaining
11 Keys Breeze
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APRIL 2021
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OWNERS ASSOCIATION OPERATING AND RESERVE FUND BANK BALANCES (DRAFT) AS OF JANUARY 31, 2021 (ACCRUAL BASIS) FUND
OPERATING
RESERVE
TKPOA Common
$316,970
$1,216,951
$-
$544,091
Water Quality
$163,734
$360,947
Water Company
$89,352
$465,274
TKPOA TOTALS
$570,056
$2,587,262
Com—Channel and Lagoons
SUBDIVISIONS Cove 1
$31,519
$185,506
Cove 2
38,945
184,826
Cove 2A
3,774
264,186
Cove 3A
13,966
296,577
Cove 3B
(1,836)
259,548
Cove 3C
28,264
382,735
Cove 4
40,822
158,580
Cove 5
(23,261)
999,473
Islanders I
26,051
260,962
Islanders II
(5,419)
158,710
Islanders III
(1,327)
520,197
Tahoe Marina Shores
52,444
118,738
Lighthouse Shores
37,246
202,691
PineStone East
5,848
132,856
PineStone West
3,100
13,769
PineStone 3
28,399
62,300
SUBDIVISION TOTALS
$278,534
$4,201,652
ASSOCIATION TOTALS
$848,591
$6,788,914
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APRIL 2021
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TKPOA Waterwells Status By Andy Kopania, Water Quality Committee Chairperson THE WATER THAT IS CURRENTLY BEING PROVIDED meets
all drinking water standards and is completely safe to drink. While two of our three wells are currently shut down, our remaining well provides more than sufficient, clean water during this time of the year. The water coming from your tap is no different than the water that has been pumped from that well for the last 50 years. There is no need to buy bottled water. Our Board of Directors and General Manager sent out a request for proposals for engineers to help us with this issue in December 2020. In February 2021, a firm called MC Engineering was selected from the four companies that submitted bids. Since that time, MC Engineering, our staff, and a volunteer committee of homeowners with more than 150 cumulative years of water-related experience have been working long hours to develop solutions. Based on the recommendations from the engineer, our staff, and volunteer committee, on March 11th, 2021, during an emergency meeting, our Board of Directors approved the purchase and installation of an interim treatment system to remove uranium and arsenic from the water from the two affected wells. Those filters will allow us to recover 80% of the production from one well and 40% from the other. The equipment has been ordered, the design is being completed, we will be applying for permits next week, and the system is currently scheduled to be installed in late April and early May – prior to when TKPOA’s peak water demand season begins. Because we do not have any meters to be able to monitor water use, it is challenging to identify exactly where our main water demands, and potential losses occur. However, using water production data from the State of California for water systems of comparable size and in comparable climates, along with sewer flow data provided by South Tahoe Public Utility District (STPUD) from within the Keys, the best information we have right now indicates that during the summer, 80% to 90% of the water use is for irrigation, with potentially half of that being used in the common areas (including around the townhomes) and the other half being used at single family homes. The balance of the water is for indoor use, including at VHRs and for hot tubs, as best as we can discern at this time. The rate of water use for irrigation in the Tahoe Keys is at least two times greater than that in other parts of northern California, including Keys Breeze
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in the Sacramento Valley. Now that an initial system is being installed, our engineer, staff, and volunteer committee are looking at ways to better monitor our water use and to identify ways to reduce the extremely large amount of water used for irrigation. That is the next step in our evaluation and planning process. We need to complete that evaluation to be able to know if the capacity that we recover from our two affected wells after the new filters are installed could have the potential to meet some fraction of a reduced irrigation demand. That analysis is a few weeks away. Until such an assessment is completed, there is no way to know if even limited irrigation would cause a loss of pressure in our water system that would cause serious violations of state health & safety regulations. The number one priority is to provide safe and sufficient water for indoor use. Until further assessment is completed, irrigation of any sort should not be conducted to ensure that we comply with those regulations and maintain a safe water supply. As part of their contract, our engineer will also be evaluating different options for a long-term, permanent solution to the PCE, uranium, and arsenic impacts to our wells. These options were developed by our Board and volunteers in consultation with experts at STPUD, and our engineer is providing additional options for further consideration. The initial assessment from our engineer is currently scheduled to be available in June. Please do not consider pumping water from the lagoons for irrigation use. The untreated lagoon water may contain bacteria such as E. coli from goose and other animal feces. In addition, at certain times of the year and in certain locations, the lagoon water also contains cyanotoxins from the blue-green algae that form Harmful Algal Blooms (HABs). The E. coli and the cyanotoxins would be potentially very dangerous if pets, wild animals, or children came in contact with them on lawns that had been irrigated with lagoon water. While the detailed engineering work described above has taken precedence up to this point, the Association is also working to make information available to the membership as things develop and will hopefully have a more formal program in place very soon in that regard. Please contact the TKPOA Water Company (530) 3184268 and/or General Manager Kirk Wooldridge, (530) 542-6444 with any questions. APRIL 2021
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