Keys Breeze NL Jan 19

2019 TKPOA VHR PROGRAM

PG. 14

UPDATE – TKPOA V TKM&YC CONTEMPT OF COURT CASE PG. 21 NEW AND PROMISING TECHNOLOGIES TO ADDRESS CYANOBACTERIA OUTBREAKS IN THE KEYS PG. 12

356 Ala Wai Boulevard South Lake Tahoe, CA 96150

Tahoe Keys Property Owners Association

PRSRT STD U.S. POSTAGE PAID DENVER, CO PERMIT NO. 3280

JANUARY 2019

Tahoe Key s P r oper t y O wne r s A s s oc ia t ion

ADELE LUCAS 530.545.0888 | 866.541.2200 AdeleLucas.com

CHRIS HERNANDEZ 530.318.6946 | 775.588.6130 RealTahoeEstates.com

BROOKE HERNANDEZ 530.314.9766 | 775.588.6130 RealTahoeEstates.com

NV# 0029180 CA# 00838770

NV# 145419 CA# 01477359

NV# S.0071297 CA# 01477800

THESE ARE PROPERTIES THAT WE’VE RECENTLY SOLD:

SOLD

439 Ala Wai #143 | $505,500

SOLD

2003 Kokanee | $971,000

SOLD

5 Lighthouse Shores | $2,127,500

SOLD

585 Alpine | $873,000

SOLD

555 Tahoe Keys Blvd #3 | $416,100

SOLD

419 Christie | $808,000

SOLD

2181 Balboa | $1,825,000

Tahoe Keys Specialists Working in Concert Together.

2018 #1 in sales for Tahoe Keys

Make us your choice.

Let us give you a complimentary market analysis today!

SOLD

1978 Garmish | $1,030,000

SOLD

1882 Cascade Ct | $1,000,000

SOLD

SOLD

455 Lido | $1,050,000

SOLD

1928 Kokanee | $1,100,000

SOLD

SOLD

1661 Venice Dr | $1,045,000

336 Tahoe Keys Blvd #272 | $655,000

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JANUARY 2019

2229 Morro | $ 595,000

SOLD

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3

497 Tahoe Keys Blvd #29 | $469,000

Looking to reach your customers?

Call for a free estimate!

BOAT DOCKS

To advertise in this quality publication, contact Kathy Slocum 775.846.5656 kathy@justimaginemktg.com

541-1111

Doug Gayner

keysboatdocks.com | dgayner@ymail.com

LIC #369533 | WORKERS’ COMPENSATION MARINE LIABILITY INSURANCE

General Building & Engineer Contractor Serving Lake Tahoe since 1956 PO Box 2554 South Lake Tahoe

NOTE: ALL MEETINGS WILL BE HELD AT THE

justimaginemktg.com TKPOA PAVILION, 356 ALA WAI BLVD., SOUTH

• CUSTOM DESIGNS • FLOATING DOCKS • FIXED DOCKS • SUPPLIES • • RETAINING WALLS • RAMPS • DECKS • PILINGS • REPAIRS • BUOYS • • MAINTENANCE • SALVAGE • RELOCATION • POLYURETHANE FLOATS •

LAKE TAHOE UNLESS OTHERWISE NOTED.

STEVEN LAPKIN PHOTOGRAPHY 503 914 8025

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www.stevelapkin.com

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president’s letter

H

appy New Year, Tahoe Keys Community. I hope 2019 is productive and healthy for all of us in the Keys. We face many challenges this year. By working together as a cohesive Community we can bring resolution to problems and accomplish much to improve our beautiful Tahoe Keys.

President's Letter

5

Reduce Chronic Pain

8

Volunteer Appreciation Reception

10

Cyanobacteria Outbreaks

12

TKPOA VHR Program

14

One of the Board's first tasks for 2019 is selecting a seventh Board member. Sadly, Director James Woller had to resign from the Board for health reasons. We hope Jim finds the correct medical attention so his health can be improved and we wish him well upon his departure from Lake Tahoe. Director Woller's dedicated service to the Tahoe Keys Community will be missed. How"BY WORKING TOGETHER ever, his contributions to the Board and Keys residents will continue to benefit the WE CAN BRING Community.

RESOLUTION TO PROBLEMS

Being on the Board is an honor and rehard work and dedication. Team AND ACCOMPLISH MUCH" quires work and always considering what is best for entire the Keys Community must be foremost in a Director's intentions for serving on the Tahoe Keys Board. The team consists of Board members, Tahoe Keys staff, Committee members, Cove Advisors and all volunteers who work hard to improve the Keys Community.

Where in the Universe is Keys Breeze 15 WUC Boat Sticker Survey Update

17

2019 Calendar

20

TKPOA "Contempt of Court" Update

21

Local Dining Scene

24

Winter Safety Driving Tips

26

ACC Rule of the Month

28

Text of Proposed Changes

29

Current Board members have diverse backgrounds and bring many skills and expertise to the table. I am very proud of our Board. I can assure you all that every Board member has the best interest of our Community in mind with

CONTINUED ON PAGE 6 The Keys Breeze Magazine IS THE OFFICIAL PUBLICATION OF THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION

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 the 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.

COVER PHOTO: Kirk Wooldridge, General Manager Printed on recycled paper with soy-based inks.

356 Ala Wai Boulevard South Lake Tahoe, CA 96150 (530) 542-6444 p (530) 541-2521 f tkpoa.com ADMINISTRATIVE OFFICE HOURS

8:30 a.m. to 4:30 p.m. Daily

Kirk J. Wooldridge

Accounting Manager, Ext. 227

Rick Robillard, PE

Water Co. Manager, Tahoe Keys Water Company (530) 542-6451

Front Desk Attendant Dial 0

Linda Callahan

Architectural Control Dept.

Manager, Ext. 239

2018–2019 BOARD OF DIRECTORS

Tom Callahan

Robert Meyers, VICE PRESIDENT

Facilities Manager, Ext. 226

James Brooks

Security (530) 545-0847

JANUARY 2019

John Gonzales, PRESIDENT Jim Siegfried, TREASURER Sean Ward, SECRETARY Dennis Daniel, DIRECTOR Rick Wood, DIRECTOR

Pool Supervisor (530) 545-4124

Operations Manager, Ext. 228

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Don Havard

Bill Spicer

General Manager, Ext. 224

Keys Breeze

Administrative Assistant, Ext. 223

Project Coordinator/ Property Manager, Ext. 241

TAHOE KEYS PROPERTY OWNERS ASSOCIATION

Heather Houston

Jo Ann Wilson

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5

CONTINUATION

PRESIDENT'S MESSAGE | CONTINUED FROM PAGE 5 every decision made. We do not always agree on all matters, but that is the sign of a caring Board. Presenting differing points of view aids the Directors to make better and more informed decisions. The names and offices held by each of the Board members are listed on the front page of this newsletter. Please remember the time that each of the volunteer Board members spends to improve our Community. I personally thank each of them for their service.

Respectfully, John Gonzales TKPOA Board President

2019 ARCHITECTURAL CONTROL COMMITTEE MEETING SCHEDULE January 7

February 4

March 4

April 8 & 22

May 6 & 20

June 10 & 24

July 8 & 22

August 5 & 19

September 9 & 23

October 14

November 11

December 9

All meetings are held at the Pavilion and begin at 9:00 a.m. unless otherwise posted. ACC application submittals are due by noon 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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ONE TAHOE.

ONE YOU.

Orthopedics · Rehabilitation · Performance · Wellness

530.539.6600 BartonOrthopedicsAndWellness.com

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Daily Habits to Reduce Chronic Pain

By Sherellen Gerhart, MD

Dr. Sherellen Gerhart is a physician board certified in internal medicine, palliative and hospice medicine, and geriatric medicine. She oversees Barton Palliative Care in South Lake Tahoe and provides support, consultation, and education for patients and their families. If you or a loved one is living with chronic pain, contact Barton Palliative Care at 530.600.1960 or visit bartonhealth.org/palliativecare to learn about this local service.

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MORE THAN 100 MILLION AMERICANS ARE LIVING WITH CHRONIC PAIN. THAT’S MORE THAN THE NUMBER OF AMERICANS AFFECTED

BY CANCER, HEART DISEASE, AND DIABETES COMBINED. A PERSON WITH CHRONIC PAIN IS THREE TO FOUR TIMES MORE LIKELY TO DEAL WITH DEPRESSION AS WELL. Chronic pain can last for weeks, months – even years. Sometimes chronic pain is caused by an injury, infection, or an ongoing condition like arthritis or cancer. Not managing chronic pain can lead to deepening depression, poor sleep, agitation, and loss of concentration.

Keep in mind, if you are living with chronic pain, you can find relief. There are many solutions available that can help you live a happier, healthier life – despite your pain. For starters, try these strategies:

1. Get out of bed. Although it may be tempting to go on bed rest while you’re in pain, staying active daily will help keep your body – and mind – in better shape. Avoid movements that makes pain worse, but try low-impact activities that minimize the risk for further injury. Your doctor can suggest the safest activities for you.

2. Relax. Certain relaxation techniques, such as med-

itation or breathing exercises, have proven to be helpful in managing chronic pain. Plus, going to your own “happy place” can distract you from any physical pain. The American Chronic Pain Association (theacpa.org) offers a relaxation guide, or try downloading a guided imagery app to your smartphone.

3. Take the right medication for your pain. Nonste-

roidal anti-inflammatory drugs (NSAIDs), such as ibuprofen, and acetaminophen, can be purchased over-the-counter and relieve muscular and bone pain. But some people, especially older adults with certain diagnosis, cannot take NSAIDs because of specific risks. Be sure to get guidance from your health care provider as to appropriate dosing and use.

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Antidepressants may help control pain as well as any emotional toll you may be experiencing. Muscle relaxants, another prescribed option, are often used to reduce pain caused by muscle spasms. Talk with your doctor about what the best fit for you.

4. Try yoga. Yoga can be key in preventing or even

reversing the mental effects of chronic pain. Depression or anxiety caused by chronic pain can lead to loss in brain tissue, which can then lead to memory impairment and emotional problems. Research shows that regular yoga practice has the opposite effect on the brain – a major reason to roll out your mat.

5. Feed your body good food. Certain foods can

fight inflammation, make your bones stronger, and therefore help alleviate your pain. The best foods for arthritic pain, for example, include fish, soy, and olive oil because they contain anti-inflammatory properties like omega-3 fatty acids. Plus, a healthy diet can help life your spirits.

In addition to these strategies, be sure to talk with your doctor about self-care solutions that are tailored to your own chronic pain.

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2018 TKPOA Member Volunteer Reception

By Jo Ann Wilson, Administrative Assistant

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Thank you to our 2018 TKPOA Volunteers!

TKPOA’s Annual Volunteer Appreciation Reception was held at the Pavilion on the evening of Thursday, December 13th, 2018 to acknowledge our Volunteers’ time and commitment. It is the enthusiasm of volunteers and the mutual support of the members working together that makes the Tahoe Keys a great place to live!

Whether you volunteered for an event, served on a committee, assisted with elections, or participated in one of the many tasks necessary to run a successful community, the TKPOA would like to take this opportunity to thank all of you that have done so much in the past year.

Your willingness, dedication, and contributions are appreciated!

THANK YOU KKe ey ys s BBr re ee ez ze e

||

DJ EA CNEUMABREYR 2 2001 198

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1 11 1

NEW AND PROMISING TECHNOLOGIES

to Address Cyanobacteria Outbreaks in the Keys

By Andy Kopania, Chairperson, Tahoe Keys Water Quality Committee

TKPOA has been dealing with aquatic invasive plants since the 1970s and in the past five to ten years the issue has developed greater urgency, due to the rapid spread of Curlyleaf Pondweed, and due to the recognition that the aquatic weeds are spreading from the Keys lagoons into Lake Tahoe. TKPOA is committed to a collaborative and science-based approach to find and implement the best methods to control its infestation.

More recently, we have been seeing more frequent, persistent, and widespread outbreaks of cyanobacteria, also referred to as hazardous algal blooms, or HABs. Within our lagoons, the weeds and HABs have similar causes: shallow water allowing sunlight penetration to the bottom, warm water temperatures, and the abundant availability of nutrients (nitrogen and phosphorus) that promote the growth of both the weeds and the HABs. Lack of circulation also likely contributes to the frequency and severity of the HABs. Overall, the aquatic weeds represent a chronic problem within the lagoons that will require a long-term solution. The HABs, on the other hand, are an acute and more immediate problem that requires an immediate response.

The Water Quality Committee has developed a range of technologies that we would like to implement within the Keys next year (2019) that should have a substantial limiting effect on cyanobacteria development and growth, reducing the potential for HABs. The technology programs that we hope to implement in 2019 include: 1. A Laminar Flow Aeration (LFA) test. LFA involves the use of fine-bubble aerators to increase the dissolved oxygen level in the water and to circulate the aerated water to the bottom of the lagoons, where it converts ammonia to nitrate, making the nitrogen less available to both cyanobacteria and aquatic weeds. This project is fully funded and we anticipate receiving final regulatory permits this month. It will be deployed in the area between Christie Drive and Lucerne Way, north of Venice Drive.

2. EcoSOAR test. EcoSOAR is a technology that removes the nitrogen from normal ambient air, ionizes the remaining oxygen, and injects that oxygen into a water stream, which is then distributed into the lagoons. The ionized oxygen then attaches itself to organic matter, like cyanobacteria, destroying the cells, and also oxidizes the nutrients, making them less bio-available. The EcoSOAR vendor has agreed to provide a 3-month test of their unit along with installation and technical support, at no cost to TKPOA. However, we will need to pay for permitting, electricity, and monitoring.

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We will begin the permitting process for this test soon, with the goal to conduct the test between May and June 2019. The proposed test will be conducted in the south lagoon of Lake Tallac, near the area of Texas Ave and Whitney Drive. TKPOA needs to identify a funding source for the permitting and electricity. The Lahontan Regional Water Quality Control Board (LRWQCB) has indicated that it may fund the monitoring costs.

3. Floating Island Wetlands. This technology uses native wetland plants on a floating matrix. The roots extend into the water providing a very large surface area through which nutrients are absorbed and removed from the water. The islands may also be deployed with fine-bubble aerators to create water circulation to push more water through the root system. The vendor estimates that a 0.5-HP compressor can push enough air through the aerators to move 12.4 million gallons per day.

We are targeting three areas within the Keys that Greg Hoover (Water Quality Manager/AIS Management Coordinator) has identified as the most prone to HABs - the east end of the area between Venice and Morro Drives, the area near the intersection of Venice and Alpine Drives (west side), and the area of Lake Tallac west of 15th Street. We are currently looking for funding sources for this technology before we initiate permitting.

D. Re-start components of the Tahoe Keys water circulation system.

In the 1970s, a substantial water circulation system was installed to move and treat water to reduce turbidity and phosphorus. The system included large pumps capable of moving significant volumes of water under the south ends of Alpine, Emerald, and Christie Drives. Our Water Company manager, Rick Robillard, already had an engineering firm conduct an assessment of the system overall and that assessment indicates that the pumps look to be in potentially usable condition.

These pumps have the capability to circulate water throughout the west lagoons. We would need to identify funding sources to move forward.

The staff and volunteer Water Quality Committee and Board members take the aquatic invasive plant issue and the cyanobacteria issue very seriously and have invested a significant amount of time to identify and evaluate approaches that will provide a long-term solution by addressing the root causes. We appreciate the support and feedback from TKPOA members.

" TKPOA is committed to a collaborative and science-based approach to find and implement the

To learn more about aquatic invasive species and HAB’s, please visit keysweedsmanagement.org or attend one of our Water Quality Committee meetings. Meeting dates are posted on the TKPOA website calendar.

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best methods to control infestation."

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2019

TKPOA VHR Program

by Heather Houston, Operations Manager As we close out 2018, the status of vacation home rentals is up in the air with the recent passage of Measure T and a subsequent lawsuit filed by a group called the South Lake Tahoe Property Owners Group in hopes of declaring the measure unconstitutional. Measure T is a voter approved initiative that prohibits vacation home rentals outside of the core tourist and commercial zones in South Lake Tahoe with an exception allowing full time residents to rent their properties for up to 30 days per year. These restrictions are not set to take effect until December 31st, 2021; however, new occupancy restrictions required by Measure T were set to take effect immediately for vacation home rentals in residential areas.

The new occupancy restrictions limit occupancy to two people per bedroom with a maximum of 12 people total. This new restriction will also affect the number of vehicle parking spaces allotted to a vacation rental property. While the lawsuit has yet to be resolved, an El Dorado County judge has issued a restraining order that temporarily prohibits the enforcement of this occupancy limit. The City of South Lake Tahoe has also stated they will “use discretion” in gradually enforcing these new occupancy limits as long as VHR guests are responsible and do not violate other regulations by causing disturbances.

TKPOA’s own VHR program will continue to mirror that of the City’s with a focus on enforcing noise, parking, and trash regulations to protect the quiet enjoyment of the Tahoe Keys and responding to reported nuisance complaints.

For 2019, TKPOA has issued its VHR permits with occupancy and parking limits that were reported based on the City’s VHR property listing. TKPOA VHR permits for 2019 will be reissued, as necessary, to reflect any changes to occupancy and parking limits. Those members renting their property as a vacation rental will receive further communication from TKPOA if an updated VHR permit is required for their property.

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In 2018, TKPOA issued VHR permits to 285 properties, 184 were Single Family Homes and 97 were located within the Townhomes. For 2019, the Board of Directors approved an increase for TKPOA’s Annual VHR Permit fee from $350 to $400. 285 properties were billed the 2019 annual fee which was due as of December 31st, 2018. Accounts with delinquent fees will be assessed a late charge and will receive a reminder for payment of the fee. Accounts that have not paid the fee as of February 2019 will be subject to Board disciplinary action that may affect the sale of short term recreational passes to renters of their property.

For those members no longer renting their property, a written letter may be submitted to the Office requesting removal of the 2019 permit fee. As of December 10th, 2018 TKPOA received written notice from 13 members that they were no longer renting their property as a VHR in 2019. These properties were subsequently removed from TKPOA’s VHR list; however it is important to note that properties operated as a VHR without the proper TKPOA permit will be subject to Board disciplinary action including fines up to $1,000.

To report a noise, parking, or other nuisance violation, please contact Security at (530) 545-0847.

For questions on TKPOA’s 2019 VHR Program, please contact Operations Manager Heather Houston at (530) 542-6444 ext. 228 or HHouston@ tahoekeyspoa.org.

WHERE IN THE universe IS KEYS BREEZE? Attention all TKPOA Homeowners Submit your photo and win!

S

how us where you read the Keys Breeze. Winners will be chosen and given a $20 gift certificate to Chicken in a Barrel.

All images must be submitted electronically. JPEG files are the preferred format and the size needs to be no less than 1 MB. By submitting your photo, you are giving us permission to reprint in Keys Breeze. Please email submissions to Heather Houston at HHouston@tahoekeyspoa.org.

Thank you!

Mary Pakes in Oahu, Hawaii Keys Breeze

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BOARD ACTIONS SUMMARY

2018 EXECUTIVE SESSION / BOARD OF DIRECTORS MEETING

By Jo Ann Wilson, Administrative Assistant

DECEMBER 15TH — EXECUTIVE SESSION: BOARD ACTIONS

Reviewed 4 personnel matters Reviewed 2 member dispute and disciplinary matters Reviewed 16 legal matters Approved moving forward with a revised dock plan for Pinestone I & II East Community Dock Owners for potential approval by homeowners and ACC for Complaint to Remove Encroachment z Reviewed 10 contracts z Approved The ‘Employee of the Quarter Program – Key Performer Award’ z Approved the October 20th, 2018 Executive Session Minutes and November 17th Executive Session Minutes z z z z

DECEMBER 15TH — BOARD OF DIRECTORS MEETING: BOARD ACTIONS

z Approved a letter of support to the City of South Lake Tahoe to "Make the City Fire Safe" z Approved Reserve Expenditure Requests (RER) for Pavilion Building Window Replacement Project proposal from South Shore Glass for the sum of $6,410 plus a $641 contingency for a total of $7,051 to be funded out of the Common Reserves Fund z Approved Reserve Expenditure Requests (RER) for Lighthouse Shores Vehicle Gate Security Controls Replacement proposal from Truckee Overhead Door for $9,040 plus a $904 contingency for a total of $9,944 to be funded out of Lighthouse Shores Reserves Fund z Approved Resolution No:# 2018-003 Unanimous Consent to Conduct Emergency Board Meeting by Email z Approved contract for Fresh Tracks Public Relations for AIS Program 2019 for $15,000 [Option A], to be funded 2019 Water Quality Reserve Fund- Component "Support of EIS/EIR Application 2019" z Approved Stakeholder Committee Charter for Tahoe Keys Lagoons Restoration Project – AIS EIS/EIR z Approved Sierra EcoSystem Associates (SEA) "Consulting Services Agreement for Tahoe Keys Lagoons Restoration Project 2019 for February 1st, 2019 to January 31st, 2020" for $51,991 to be funded by the Water Quality Reserve Funds. [Aquatic Invasive Weed Program - Support of EIR/EIS Application 2019] z Approved proposal in Support of the Tahoe Keys Integrated Aquatic Plant Management Program (V.3) February 2019 – January 2020 – Dr. Lars Anderson for $8,280 to be funded by the Water Quality Reserve Funds. [Aquatic Invasive Weed Program - Support of EIR/EIS Application 2019] z Approved contract for EcoSOAR for Scientific Trial in Lake Tallac Lagoon with Premier Materials Technology, Inc. with costs of required monitoring plans expensed to Water Quality Operational expenses z Approved the Water Company 2019 Assessment for Four TKPOA Multi-Unit Properties, with the difference between proposed and proportionate to be included in an increase in the 2020 assessments for these homeowners z Approved contract for Annual Accounting Audit of 2018 Financial Records by Certified Public Account/ Firm Gilbert Associates, Inc., CPAs and Advisors to perform the 2018 Annual Audit and Tax Return for $22,700, to be funded by the Common Operating Expense 51000 z Approved the October 20th, 2018 Board of Directors Regular Meeting Minutes Keys Breeze

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Waterway Usage Committee Boat Sticker

Survey Update The Waterway Usage Committee (WUC) would like to thank the homeowners who participated in our survey. The survey was in the October Keys Breeze and the deadline for your submission was November 30th. We are appreciative of your input and the preliminary results of the survey can be seen on the following pages of this issue of the Keys Breeze. The surveys were tallied at an open WUC meeting on December 4th, 2018. We asked for comments from you and we received quite a few. Your comments are being transcribed by TKPOA Staff and will be available at a future date on the TKPOA website.

The WUC feels that we should continue our work on whether or not to charge non-member boat owners a fee for usage of our waterways. The committee will present our findings and recommendations to the Board of Directors in the next couple of months for their decision. Our committee will be meeting again in February (date to be determined); check the TKPOA website calendar for meeting schedules and times. All members are welcome to attend. Thank you.

The WUC Committee.

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WATERWAY USAGE COMMITTEE BOAT STICKER SURVEY West Channel Single Family Property (192) Yes

No

Townhome Property (64)

Blank / No Opinion

Yes

No

SURVEY QUESTIONS:

1.

Are you in favor of having non-property owners contribute towards the long-term costs (reserves), and the annual operations and maintenance costs our waterways and infrastructure?

125

51

16

48

14

2.

Should Single Family home members be allowed to continue to rent out their “PRIVATE” boat slips/ docks?

143

46

3

37

26

3.

Currently Townhomes cannot rent their docks.

Are you in favor of them being able to rent their docks?

97

81

14

34

30

4. Should non property owner’s occupying a private Single Family boat slip pay a fee to use Keys waterways? (e.g., renters, visitors, guests, family, friends).

106

78

8

41

23

5.

Should provisions be made to allow short-term visitors and guests to dock without a fee?

110

77

5

33

29

6. Are you aware that property owners who allow use of their docks by others are liable for actions that are associated with use of their docks?

155

32

5

55

8

7.

Should there be a limit to the number of registered vessels on a private dock?

108

81

3

50

12

8. Should non-property owners pay the same annual fee to use TKPOA waterways as property owners pay for Channels and Lagoons and Water Quality? (currently $356 for 2018)

87

88

17

41

20

9.

Should provisions be made for boat stickers using seasonal, monthly and weekly rates?

100

74

18

46

16

10.

57

10

125

26

5

The WUC is looking into other potential sources of funds such as the following: Boat Trailer Storage, Winter Boat Storage, etc. Please offer your ideas.

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PROPERTY CATEGORY: Landlocked Property (31)

No Property Category Selected (3)

Aggragate Totals (290)

Blank / No Opinion

Yes

No

Blank / No Opinion

Yes

No

Blank / No Opinion

Yes

No

Blank / No Opinion

2

19

11

1

2

1

0

194

77

19

1

31

0

0

2

0

1

213

72

5

0

23

7

1

1

1

1

155

119

16

0

20

11

0

2

1

0

169

113

8

2

14

16

1

1

2

0

158

125

7

1

27

4

0

3

0

0

240

44

6

2

23

6

2

2

1

0

183

100

7

3

17

13

1

2

1

0

147

122

21

2

20

10

1

1

1

1

167

101

22

33

9

2

20

3

0

0

95

17

178

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SURVEY RESULTS

SURVEY RESPONSE:

Congratulations On behalf of the TKPOA Board of Directors, Members, and Staff, we would like to congratulate Accounting Manager Don Havard on receiving his Community Association Financial Manager (CAFM) certification from the California Association of Community Managers (CACM)!

CACM is a professional trade association dedicated to ensuring the quality and standards of practice in the California community association industry and is the leading resource for Californiaspecific education and certification, events, activities, products, services and networking opportunities to help managers and management companies achieve excellence in the industry.

Congratulations on your accomplishment Don!

TKPOA 2019 MEETING CALENDAR JANUARY 2019 7 8 14 19 19 20 22 23

ACC Meeting 9:00 am Waterways Usage Committee 10:00 am Water Quality Committee Meeting 10:00 am Board of Directors Executive Session 8:00 am Board of Directors Regular Meeting 2:00 pm Town Hall Forum TBD TBD Finance Meeting 10:00 am Waterways Usage Committee Meeting 9:00 am

FEBRUARY 2019 4 16 16 19 20 TBD TBD

ACC Meeting 9:00 am Board of Directors Executive Session 8:00 am Board of Directors Regular Meeting 2:00 pm Finance Meeting 10:00 am Town Hall Forum TBD TBD Water Quality Committee Meeting TBD Waterways Usage Committee Meeting TBD

Note: All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd, South Lake Tahoe unless otherwise noted.

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UPDATE TKPOA “Contempt of Court Order” Case -TKM&YC vs TKPOA (SLTL-4914) “Free Launching and Retrieval for all TKPOA Property Owners”

By Kirk Wooldridge, General Manager

O

n November 2nd, 2018 the Tahoe Keys Property Owners Association (TKPOA) received the “Order and Judgement of Contempt” for the October 10th, 2018 Case No: SCSLT4914 ordered by the Honorable Warren C. Stracener – Superior Court Judge - County of El Dorado – Cameron Park, CA.

In the ten page “Order and Judgement of Contempt” it documents the: I. Proceedings, II. Evidence, III. Findings, IV. Punishment and Contemptuous Acts. In the IV. Punishment and Contemptuous Acts, and the following has been stated:

1. The Court will stay any jail sentences and any fines.

2. The Tahoe Keys Marina and Yacht Club, LLC is hereby ORDERED to pay the Tahoe Keys Property Owners Association's attorneys' fees pursuant to CCP § 1218 which will be submitted in the form of a motion for attorney's fees.

3. The Tahoe Keys Marina and Yacht Club, LLC shall immediately (as of October 10, 2018) cease and desist from imposing the pollution/milfoil inspection fees and no such fee shall be charged to members of the Tahoe Keys Property Owners Association in the future. The Tahoe Keys Marina and Yacht Club, LLC shall return any pollution/milfoil inspection fees that have been paid by members of the Tahoe Keys Property Owners Association since the imposition of that charge.

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4. Within 15 days of October 10, 2018, the Tahoe Keys Property Owners Association shall provide an accounting of the amounts owed to the original nine declarants, as well as the additional individuals whose receipts were admitted into evidence at trial.

Within 15 days thereafter, the Tahoe Keys Marina and Yacht Club, LLC shall tender payment of the amounts owed. If there is a dispute over the amounts owed, the parties may address the same with this Court, which has retained jurisdiction over the matter to address such a dispute.

5. The Tahoe Keys Marina and Yacht Club, LLC shall allow members of the Tahoe Keys Property Owners Association to use the Boat Ramp to launch and retrieve boats owned by such members without charge by or compensation to the Tahoe Keys Marina and Yacht Club, LLC in accord with the 1991 Judgment.

To further execute this IV. Punishment and Contemptuous Acts, the TKPOA Board of Directors has instructed TKPOA Legal Counsel to act on item #2:

The Tahoe Keys Marina and Yacht Club, LLC is hereby ORDERED to pay the Tahoe Keys Property Owners Association's attorneys' fees pursuant to CCP § 1218 which will be submitted in the form of a motion for attorney's fees.

On November 19th, 2018 Art Zorio - Attorney and the Law Firm Brownstein Hyatt Farber Schreck, LLP (BHFS)

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filed following motions for Attorney Fee reimbursement and the accompanying documentation:

1. Declaration of Arthur Zorio in Support of Plaintiff Tahoe Keys Property Owners Associations’ Motion for Attorney’s Fees Under C.C.P. §1218; Memorandum of Points and Authorizes in Support 2. Plaintiff Tahoe Keys Tahoe Keys Property Owners Associations Memorandum of Costs 3. Plaintiff Tahoe Keys Tahoe Keys Property Owners Associations Notice of Motion and Motion for Attorney’s Fees Under C.C.P. §1218; Memorandum of Points and Authorities in Support

At this time these motions support the legal basis for the reimbursement of TKPOA Attorney fees in the case for $181,466. A hearing is currently set in January 2019 to rule on these motions.

Questions or Additional Information: For additional information on “Contempt of Court Order” Case -TKM&YC vs TKPOA (SLTL-4914) [TKPOA vs Horton], the November 2nd, 2018 “Order and Judgement of Contempt” and full court transcript of the October 10th, 2018 hearing, as well as the motions filed above can be reviewed on the TKPOA Website at www.tkpoa.com following this link: under “Litigation” https://www.tkpoa.com/documents/ category/86-litigation.

Please contact the TKPOA Front Desk Staff (530) 542-6444 if you have questions or need additional information.

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iN iN A A

BARREL

BBQ

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EVERY MORNING, AND THROUGHOUT THE DAY, IT'S HARD TO MISS THE SMELL AND SMOKE AS CHICKEN IN A BARREL PREPARES ITS TASTY, SMOKED-BARBEQUED CHICKEN, RIBS, BEEF AND PORK. With two large, custom built, smoker

barrels, the barbeque smoke and smell drifts across the road at 2100 Lake Tahoe Blvd, between 4th St. and the “Y”.

South Lake’s newest eatery is owned by Don and Rebekah Havard along with their partners, Mark and Arleen Hudson. The life-long friends first came across Chicken in a Barrel while vacationing on the Hawaiian Island of Kauai 7 years ago. Once franchise opportunities became available, the foursome jumped at the opportunity. When they found the old 50’s Drive-In at 2100 Lake Tahoe Boulevard was available, they thought they could recreate the atmosphere from the Hawaiian restaurants. The street reminded them of the original Kauai location, and a community that combines locals with tourists was going to be a good fit.

The founder of the Chicken in a Barrel restaurants, Mike Pierce, developed his one of a kind smoking process over 20+ years. “The star in this version of Hawaiian-style barbeque is to use a rub that will help seal in the flavor and keep the meats juicy” according to Don. “Then, what you get is our great tasting meat that doesn’t need any sauce. But, we do make our own sauce if you would like to dab a little (or a lot) on our great tasting, smoked-barbequed flavored Chicken, Ribs, Shredded Beef, or Shredded Pork.”

Everything served in this little road-side barbeque is made from scratch with Chicken in a Barrel recipes. “The Hawaiian-style Cole slaw has quickly become a local favorite” Mark says. “But we also make our own Macaroni Salad, Chili Beans, Corn bread, and brownies from scratch” adds Don. You’ll also find their hamburgers to be fresh pressed each day as they use their own hamburger recipe and grass-fed ground beef. Long-time customer, James, will tell you he thinks the burgers are a hidden gem in this barbeque joint; “I think they’re among the best burgers you’ll find on the lake, or anywhere else for that matter.”

As Don likes to say, “We’re not a fancy place, we just have darn good food.”

It seems that Yelp reviewers agree. With 4 ½ stars as of today, Chicken in a Barrel has the highest rating of any barbeque restaurant in South Lake Tahoe.

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10 WINTER SAFETY DRIVING TIPS AND MORE

By TKPOA Security Department

With the snow season officially here it is time for everyone to slow down and take stock of our winter driving speeds and practice safe driving in our Community. Accidents, traffic tickets, and injuries are three ways to quickly ruin your winter weekend and freeze up personal finances.

Don’t be that driver with just a tiny portion of defrosted glass. Scrape all the windows from front to back. And while you’re at it, read through this list of 10 important items to check before driving snowy roads.

Tips to prepare for Snow:

1. Make sure your brakes, windshield wipers, defroster, 2.

3.

4.

5.

heater and exhaust system are in top condition.

6.

Check your antifreeze and be ready for colder temperatures.

You may need to add concentrated windshield washer fluid to the windshield washer fluid reservoir to prevent an icy windshield. More information about this type of windshield washer fluid can be found on the California Air Resources Board, http://www.arb.ca.gov.

Check your tires. Make sure they are properly inflated and the tread is in good condition. Always carry chains. Make sure they are the proper size for your tires and are in working order. You might want to take along a flashlight and chain repair links. Chains must be installed on the drive wheels. Make sure you know if your vehicle is front or rear wheel drive.

Other suggested items to carry in your car are an ice scraper or commercial de-icer, a broom for brushing snow off your car, a shovel to free your car if it is "snowed in", sand or burlap for traction Keys Breeze

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7.

8.

9.

if your wheels should become mired in snow and an old towel to clean your hands.

It is also a good idea to take along water, food, warm blankets and extra clothing. A lengthy delay will make you glad you have them.

Weather conditions may warrant detouring traffic from the main roadway. It is strongly suggested that drivers always keep an updated map containing the areas of travel.

If you have a cellular telephone, pre-load the Caltrans Highway Information Network (CHIN) and NDOT phone numbers for convenient, updated road conditions, or download their app, and phone numbers for convenient, updated road conditions.

Put an extra car key in your pocket. A number of motorists have locked themselves out of their cars when putting on chains and at ski areas.

10. Make sure your brakes, windshield wipers, defroster, heater, and exhaust system are in top condition.

The above information was compiled through the California and Nevada departments of transportation.

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WINTER DRIVING TIPS z

z z z

z

z

Allow enough time. Trips to the mountains can take longer during winter that other times of the year, especially if you encounter storm conditions or icy roads. Get an early start and allow plenty of time to reach your destination.

Keep your gas tank full. It may be necessary to change routes or turn back during a bad storm or you may be caught in a traffic delay.

Keep windshield and windows clear. You may want to stop at a safe turnout to use a snow brush or scraper. Use the car defroster and a clean cloth to keep the windows free of fog.

Slow down. A highway speed of 65 miles per hour may be safe in dry weather, but is an invitation for trouble in snow and ice. Snow and ice make stopping distances much longer, so keep your seat belt buckled and leave more distance between your vehicle and the vehicle ahead. Bridge decks and shady spots can be icy when other areas are not.

Remember to avoid sudden stops and quick direction changes.

Be more observant. Visibility is often limited in winter by weather conditions. Slow down and watch for other vehicles that have flashing lights, visibility may be so restricted during a storm that it is difficult to see the slow moving equipment.

When stalled, stay with your vehicle and try to conserve fuel while maintaining warmth.

Be alert to any possible exhaust or monoxide problems.

CHAIN CONTROLS z

z z z z

For more information and to check on current road conditions visit the California Department

You must stop and put on chains when highway signs indicate chains are required. You can be cited by the California Highway Patrol and fined if you don't. You will usually have about a mile between "Chains Required" signs and the checkpoint to install your chains.

Control areas can change rapidly from place to place because of changing weather and road conditions.

The speed limit when chains are required is 25 or 30 miles an hour.

When you put on chains, wait until you can pull completely off the roadway to the right.

Do not stop in a traffic lane where you will endanger yourself and block traffic.

When removing chains, drive beyond the signs reading "End of Chain Control" to a pulloff area where you can safely remove them.

DEFENSIVE DRIVING Along with the safe practices mentioned above, we also have to remember to be a safe defensive driver.

Here are some skills to put you in control: z Stay focused. Driving is primarily a thinking task, and you have a lot of things to think about when you're behind the wheel: road conditions, your speed and position, observing traffic laws, signs and signals, road markings, following directions, and being aware of the cars around you. z Stay alert. Being alert (not sleepy or under the influence) allows you to react quickly to potential problems — like when it is icy out and the driver in the car ahead slams on the brakes at the last minute. z Watch out for the other people around you. Part of staying in control is being aware of other drivers and people around you (and what they may suddenly do) so you're less likely to be caught off guard. Such as children running out in front of you.

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of transportation website at www.dot.ca.gov or download the Caltrans app onto your smartphone.

n November 17th, 2018 the TKPOA Board of Directors approved the following additions to the newly adopted TKPOA Rules and Regulations for Water Service for a 30 day membership review period. These changes will be considered for adoption at the January 19th, 2018 Board of Directors Meeting. If you would like to provide any feedback to the Board prior to approval, please email your comments to Jo Ann Wilson, Administrative Assistant at JWilson@tahoekeyspoa.org, or submit them in person at the TKPOA Pavilion Office.

Purpose of Change: To add Enforcement Procedures to TKPOA’s Rules and Regulations for Water Service. The entire text of the adopted Rules and Regulations for Water Service are available on the TKPOA website, www.TKPOA.com, or upon request at the TKPOA Pavilion Office.

ACC Rule of the Month:

ENFORCEMENT PROCEDURES General Approach (Voluntary Compliance): 1. The objective of these rules shall be to promote and seek voluntary compliance by owners and tenants with the standards and restrictions set forth by the CC&Rs and Board of Directors.

2. Under circumstances requiring immediate action, the Security Department and Architectural Control Department (ACD), as agents for the Association, will be By: Linda Callahan, authorized to undertake immediate corrective action.

Architectural Control Department Manager 3. Accordingly, in the event that the Association becomes aware of an infraction that does not necessitate immediate corrective action, the owner and/or tenant Holiday Lights cannot remain on thefor residence year will receive written notice thereof and will be given responsible the violation round. Lights should be aremoved after the holiday, reasonable opportunity to comply voluntarily. Such notice will describe the weather permitting. non-complying condition, request that the owner and/or tenant correct the condition within a reasonable time specified in the notice. It will also advise the According to the Architectural Control Rules Brochure owner of their appeal rights. The owner is ultimately responsible for the achieve(ACRB), Section 15, Misc. Provisions for Exterior ment of compliance and will be responsible for any fines or litigation, administraGrounds, Storage and Structures, Item 15.14 reads as tive costs, legal actions and fees necessary for the resolution of the violation. follows: Holiday and Traditional Displays vary widely. Displays NOTICE OF VIOLATIONS: and holiday decorations may be erected temporarily 1. First Notification – A notice which states the nature of the violation and will be without a permit. Holiday decorations may be issued to the property owner by the Association. The notification issued to the displayed no more than 30 days before or 14 days property owner and/or tenant by the Association gives 5 to 14 days to correct the after a holiday (weather permitting). Decorations for violation or to inform the Security Department and Architectural Control Compersonal events (birthdays, weddings, homecomings, mittee (ACC) of a timeframe by which the violation will be corrected. In the body etc.) may be displayed no more than 3 days before and of the notice, the fine policy and the consequences of non-compliance will be 3 days after the event. All other displays require ACC clarified. The notification of violation will be mailed to absentee owners. It is the approval and must be in harmony with the requisite responsibility of the owner and/or his contractor to advise the Association when occasion (as appropriate) and surrounding structures the violation has been corrected. A re-inspection of the property will be conductand neighborhood. Lights may not shine so brightly ed to verify compliance and recorded in the property's file. as to be an unreasonable disturbance to neighbors 2. Second Notification -- Those violations that are not promptly corrected by the or drivers and no sound devices are permitted for any owner are subject to a fine as prescribed in the Fines and Charges for Violations decoration. All lighted displays must be turned off by Procedures and Fine Schedule of the Rules in the TKPOA Annual Disclosures. A 11pm. No display may obstruct the views from any second notification letter stating that the owner must comply within 72 hours other property. after first attempt to deliver a certified letter or contact the Association informing them of the time period by which compliance will be achieved.

3. Recurrent Violations -- In the event the rule violations are recurrent, then the ACC at its discretion may start the enforcement process with the third and final notification.

4. Third and Final Notification - A certified letter will be sent informing the property

Holiday Lights

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Notice of Change in Association Rules

TEXT OF PROPOSED CHANGES

(Deletions are shown in strikethrough type and additions in boldface underlined type)

On December 15th, 2018 the TKPOA Board of Directors approved the following changes to the Architectural Control Rules for a 30 day membership review period. These changes will be considered for adoption at the February 16th, 2019 Board of Directors Meeting. If you would like to provide any feedback to the Board prior to approval, please email your comments to Jo Ann Wilson, Administrative Assistant at JWilson@tahoekeyspoa.org, or submit them in person at the TKPOA Pavilion Office.

Purpose of Change: To update language of current Architectural Control Rules for clarification or requirements and standards.

Dock Rules

Brochure: The word “brochure” has been deleted out of the Architectural Rules. The document is now called the Architectural Control Rules. To view these complete changes a copy of the Architectural Control Rules can be requested from the TKPOA Pavilion Office.

Dock Dimensions: New docks: Any construction of a new dock (either where there is no existing dock on the property or, where an existing dock is relocated) shall not exceed 225 sq. feet.

Replacement in Kind: Applications for “replacement in kind” of an existing dock in the same location and Section 13 Boat Docks and Over-Water Platforms of the same design and configuration shall not be considered a new dock, and shall not be subject to 13.09 All applicants must comply with the Dock Rules the 225 sq. foot limit for new docks; however, the below and as specified within the Form 13 Boat size of the new replacement in kind dock shall be not Dock application. exceed the square footage of the existing dock. Any application to change the location, design and/or

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configuration of an existing dock will be deemed a “new dock” application subject to the 225 sq. foot limit.

Dimensions Applicable to All Docks: Height: 18 inches above water level or high water mark. Fascia will extend from decking to not less than 8 inches above the water line. All pilings must be contained within the dock. The height of all pilings must not exceed 3 feet above the high water line (HWL).

Dock pilings must be a minimum of 2 ½ inches in diameter.

13.10a Plastic Floating Motorized Personal Water Craft docks are prohibited.

13.10c Plastic floating docks are prohibited.

Non-motorized Kayak/Standup paddle board ports may be considered.

• One per dock

• Color to match dock

• Only for facilitating ingress and egress (no storage or moorage)

• Must conform to setback requirements 13.17 Over Water Platforms (OWPs) - The max imum 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 bulk head and no more than three feet (3’) above high water where there is riprap.

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