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02-20-92 Public Hearing ********************* M I NUT E S PUBLIC HEARING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 20, 1992 The Board of Directors of the South Tahoe Public utility District held a Public Hearing February 20, 1992, 5:00 PM, city council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Directors Mason, Mosbacher, onykso, Wallace, Chairman pierini arrived at 5:35 PM ROLL CALL STAFF: Baer, Solbrig, Mamath, Miller, Gilbert, Hydrick, Taylor, Brown, Hussmann, B. Eppler, Johnson, Attorney Sare GUESTS: Bill & Barbara Craven, Chris Thomsen, Brian Taylor/Tahoe Daily Tribune, Gary Schnakenberg, B. Mosbacher, Wayne & Kim Koch, Clubb Plumbing Rep., Keith Klein/City council 5:00 PM PUBLIC HEARING INSTALLATION OF LOW WATER USE PLUMBING FIXTURES AT FALLEN LEAF LAKE vice Chairman Onysko opened the Public Hearing at 5:14 PM. OPEN HEARING Rick Hydrick stated he did not have a lot to add to the presentation he made at the first Public Hearing held on this matter, February 6, 1992. He re- ported on his 2/20/92 phone conversation with Mark Huston, one of the liaison persons between the District and Fallen Leaf Lake property owners: The people Mr. Huston had spoken to supported the Ordinance, but had concerns about the June 30th deadline and the 60,000 GPD figure designated to the F.L.L. area. They asked what would happen if there were future overages and how these overages would be handled. Hydrick stated he intended to present to the Board, sometime in March, a method of measuring flows in the area. STAFF REPORTS ST055150 PUBLIC HEARING MEETING MINUTES - FEBRUARY 20. 1992 Diane Gilbert stated she had sent all F.L.L. property owners and permit- ees copies of Draft Ordinance 440, Rebate Program Info. & Application, and the Tribune article describing the dilemma of the District. She reported on phone conversations with two F.L.L. property owners: (1) Everett Lundy and (2) Mansfield Smith and read aloud letters received by F.L.L. property owners: 1) Edgar P. Whittemore, Jr. 2) James B. Hill/President F.L.L. Associates 3) Frederick J. Sobeck, M.D. 4) Peter E. Thieriot 5) Everett w. Lundy STAFF REPORTS (continued) Bill Craven/F.L.L. Homeowners Assn. PUBLIC COMMENTS stated they were in agreement with the basic concept of installing low-flow fixtures, but in no way in agreement with the 60,000 GPD figure and displayed a graph he used at the previous Public Hearing showing calculations for I/I. He requested an actual fixture count and asked for a credit for the number of gallons for which they are presently paying. He felt the District should "eat" any infiltration within the system and then they would have a fighting chance to live with the 60,000 GPD figure. He also noted a portion of the F.L.L. Associates are on-line at the present time and contributed to the July 4, 1991 flow count. Chris Thomsen/Stanford Sierra Camp supported water conservation and re- viewed their plans for replacing their fixtures with low-flow fixtures. He felt the June 30th deadline date would not allow the residents a reasonable amount of time to accomplish the retrofit. He requested the District investigate infiltration into the system. Hydrick noted the portions of the gravity system at Stanford Camp and other F.L.L. areas which were susceptible to I/I were in the private portion of the system, not the public portion. PAGE - 2 ST055151 PUBLIC HEARING MEETING MINUTES - FEBRUARY 20. 1992 PAGE - 3 Wayne Koch said he had been in contact with many property owners and most of them had no knowledge of the flow problems until a short time ago. He said he may not have access to many of the homes (depending on the weather) until July 1st. and the June 30th deadline was not realistic. PUBLIC COMMENTS (continued) In regards to I/I, he suggested the District might like to compare the water flow figures (pumping figures for 120 customers) with the sewage flow figures. He stated he could secure over 1,000 toilets in less than 4 weeks, but there would be problems with retrofitting many cabins with low-flow fixtures. Keith Klein/Citv Council said he personally supported the Board in its attempt to solve the problem for the entire community. 6:20 PM - Chairman pierini closed the CLOSE PUBLIC COMMENT PORTION Public Comment portion of the Hearing. OF HEARING Board members discussed the dilemma of BOARD MEMBER COMMENTS the District to meet the F.L.L. 60,000 quota in order to preserve the 1992/93 community-wide building season. Dale Sare explained the TRPA position on the overages at F.L.L.: TRPA will measure the peak-day flows (July 1 - 6, 1992) and every 96 gallons over 60,000 will force the District to reserve those representative sewer units, taking away sewer units for new building on the South Shore. Director Wallace thanked the F.L.L. property owners for their courtesy in approaching the problem. Director Onysko felt the Ordinance should be enacted, but would propose at the next meeting considering instituting an accurate flow measure- ment system. Director Mason said he had questions concerning options to the District if it was determined there really were these flow overages. He questioned what the options might be and sug- ST055152 PUBLIC HEARING MEETING MINUTES - FEBRUARY 20. 1992 PAGE - 4 gested the District get a correct fixture count. He felt June 30th was not a good deadline date. BOARD MEMBER COMMENTS (continued) Director Mosbacher said she did not like the June 30th date, but felt the District had to try to cooperate with the other Agencies. Chairman pierini questioned staff about the maximum flows at F.L.L. Manager Baer stated District staff had convinced TRPA staff the meter is reading at least 10% high and TRPA had agreed to lower the overage total by 12,000 GPD, changing the overage total to 18,000 GPD. Chairman pierini felt there was no reason to pass an Ordinance which could not be enforced (the June 30, 1992 deadline date). He felt October, 1992 was the better of the two dates. Moved Mosbacher/Second Onysko/Mason & BOARD ACTION pierini Voted No/Passed to enact Ordinance No. 440/To Provide For Installation of Low Water Use Plumbing Fixtures. 2'/' <,- ( ,/,- ,,-/ A, ". ,--,,/ /' ~,,".. .4'~ .-,_/-LOU PIERIN!, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: Para :1{f~ PAT A. MAMATH,' CL RK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ST055153 AFFIDAVIT OF PUBLICATION STPUD Box 19487 SLT, CA. 95706-3487 STATE OF CALIFORNIA County of EI Dorado I am a citizen of the United States and a resident of the County foresaid; I am over eighteen years, and not a part to or interested in the above entitled matter, I am the principal clerk of the printer of the printer of The Tahoe Daily Tribune a newspaper of general circulation, printed and published Sunday through Friday in the City of South Lake Tahoe, County of EI Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of EI Dorado, State of California under the date of March 6, 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 11 all in the year of: 1992 I certify (or declare) under penalty, that the foregoing is true and correct. Dated at South Lake Tahoe California, this 11 date of Fe b 19 <32 Signed: ~ wf tU~5; Notice of Public Hearinq ST055154 " ~.:;;.< . 1 :::: :.-:~ ~~WH . ; NQT,ICE .I~ tiERIiBY ~'Y~N tHAT .Tfi~. PllBJ..ICHEARING HELD ~Q!'lFUAUARY6,199tAAs BEEN CQNTiNUED TO FEBRUARY ~~~:;:.:~~~~~~y;~~~61~~~~; . OF SOUTH TAHOE PUBLIC UTILITY DISTRICT TO CONSIDER Enactment ofOrdinence 440 to ProvideJor th, 100tallation of Low Water U.e Plumbing' Fixt~".at Fallen.. LtafL~l;e which 'feads as follows: '" '^.' .' . ... ..'O~\l;'lANCENO. 440 :r"~.~N 9RG1NAJ1l(;49\'1'Pii'SOUTli TAHOE PUBLIC U'fILlTY ~OISTRICTTO PRc)\.Iil?g~OR THEWSTALLATION OF LOW f"W~T~RlJSEPLUt.ASI~FIXfl,JRES ATFAlL,EN l!ilAFLAKE . ..~:I."c1tfrr'\i.~~-~";:.., 'i't- tt'^1.1ITU TA u,...,~. " 9t,EIQora~9"as tollows: ~Sl"""" :~:.r:~":~:~;e~tttk~n~~~. :1I~~~:t~:::~~~ ~ fr9m field observ.t~. The estimatedpe~~pita flow rate of 46 gallons per capitaSI,r.day was establi.hed and a peak OCjlUpanc;y ot 1,271 population at Fallen Leat Lake was factored. r.eoulting in a peak flOW of 59.nOgsllons per day being fixed as 'the project flow design criteria. The project flows ,can be broken down as follows: . Stanford Camp 14,400 Permittees 7.160 U.S, Forest Service 2.000 Fallen Leaf Lake Associates 12,600 . Private PropoertyOwners 23.310 Fredericle'. Property 300 Q~:Thesew.. Clollecl\ion system at Fallen leaf Lake was. based qii:the 1977 de.ignstudies. restricted ,to 'lTlllximum average di$Charge of 60.000 gallqns per day. C.: 'ine limit of the F.llen Leaf Lake seWer<Xlll~ion system of 60.000 gallon. per day was also imposed by the Tahoe Regional P.ktnning Agency in the SOUTH TAHOE PU8~IC UTILITY D(~TRICT'S rOistrict' "erein) 0,2expan~onpiOgram. D. The District i. r,spOnsible for enforcil'lg'the 60,000 gallons per day discharge limitation for the sewage col18(:tion system at. Fallen Leaf Lake. ' e,. Measurement of existing. wastewater flolAls eatablish. peak flows .in excess of 60'000 ~allons per day; A (eserve flow. of lZ.eOO gallons per day for future use by Fallen Leaf Lake Associates is not included. .. , F. Reducing $ewage inflt.lent by water conservation will help ieducethe collection system loading below eQ.OOO gallons per jay. The specific rules, reg~lations and restrictions ~stablished nerein are necessary .nd appropriate to thea<X:Omplbhmem of that end. Additonal measures m~y need to~taken to reduce flows below 60.000 gallons per day, Additlonal'me8>..ures'may 'indude; but are not limited to. the purchase of addi~nal sewer capacity. additional metering. additional flow reduction. and/or disconnection from th., sylitem, <h. '.'. .' , 'se-aIONt!. -OEFt.NtTtON$ . A. ThE! District - The South Tahoe Public Utility Oistrict, B. the BO~rd - The BOard of Directors of the SOuth Tahoe Public Utl1ityOiStrict, C.9~ral "1anaaer - Th& General Manager of ttwtSouthTahoe Public Utility Di.trict. D. J.I1tf. - Any ~son. fifm;eompany, partnership. a$sociation. corporation, or' politi~Fentity IJ.ing lh' Fa\len ~eaf . Lake waste.w'll~f' QoUe4til)h system owned and oP..rat~d by the Oist!ict" ., . , E. . of. f F. ' vWIrlg: ST055155 _~._m_~.~,_..,_~.._._,____._.~_~M__--'--"-'-"~----- toilet;-iJnnal" or. other. devi~~ ...vh!<:h discharges~nCl,_ gallons pet flush. and ~jilOr.tei AfOeri~Q . ds In~i~\lte st!anPard.s. erhead..lav.toryfavc:ets.and sink faucets; ich i~ :~ot toex~ed 2.75 galloll$ petminut en pe~cent (10%) to.lera~.at! water pressur., persquart incl'\:.or i'ny fliJ.!<*laerator Which all .. pfn9rnore ~hat'l.217&9aflons, 'P6rmin" ~.O 9flITII'l'lJX',tht act~t,tellt~ .flow rate,' 1IOUII~l1\i!'li~er~~ !ibytht EJtecutive Oi" . n..E#.rgy Commis.on shall be'marked r. on a label attached to tlilefitting to show eo,. rate $tandards.. (.going maximum flow rates art as estabU\. an National Standards',lnstitute. tow W" I ng Fixtures. means all of the pl\lmbingfillwres i~lli ubsection. SECTION III.. REaUl.f\~M~NTl:; rs .hall retrofit all plullliblng fil(t~esin allbu! dO nOln'leet low water-use pl~mb~9 fixture lll~rmias with low wattr-ul!ep!~bingfixtu!es! ,as ,defined by this O{dinen~. 1'19 later tharJJ~ 30;;1992. Thesefi~lJres shall be installed. andmalnt.ined. .nd.shllll not bereplacQd with . fixtures whlchaUow greater water use or wastewater di$Charge. B. Statement of excl.usive retrpfit jn compliance with this ordinance. together with a dated COf1V of the purchasEJ receipt for. each low water.uselixtlJte. and a copy of the labor eontfact. or statemtntofself installation. whid\e~dellCes complete inlltallatioo. shall ~ fc:itwardl'ld to ~~i$tr,(;t.)anda . writttn .gr"rn~nt.bY the .lJser allo-,ying. inspection of the enforoou who may iOnees.. As signees. dil;charged into the sewercollectioo system at his or her permiscs and to be responsible therefor. ' C. Whenever t~General Manager dttermil\8s t~a~"wr~.ls an existing violation of this ordlnam;~.that loW~3\er use plumbing fixtures have not beelrlnstalled. or hall. been removed since initial installation. the Gentral Mana~r shall discontinue forthwith sewer serVice to the Ustrat,thO bllildlng where the violation occurred. ih .accordsnce I(>'it.h, the disconnectiOn procedures defined lnOistrlCt.Ordinllf'lCe No. 372 fleculatinc the Ulle of Public & Private Sewers. RecojlnectioJ) shall occur only when there is compliance with aU provisions.ofthisotdinance. ...~j't . befeimblit~ts ,Co.l!,\I,J~ .ttnlol.~~ pr9visi9"s Ordinance. 'DA'lJdmg;, slJC!!'l;R?'tsa$,l]~trict incurs fot .-tl to. ~v~atevi01a\i<ln$"nd mbnitor the UsersCQmpliance with th, term&her~of.Ch.llges ,lor discontinlJing orrtstoring sewel service. as those c:harges are determined by the DI$lrict. shall be paid by the User. . E. Any User may appeal any deeision hereunder to .Ihe Board by filing a written appeal .with the Clerk 01 the Board \ .,jlh!n 10 days fr()f'l\ thedste.of the decis.ionappealed from. Tile Board may; m its dl.seretlon. affirm. rljverse.ormOClify .the ~enera. Manager~s decision and Impost such conditions as it deems appropriate. SECTION'V . SEVERABILITY A. If any section,.ubsection, subdivision. paragraph. sjlntenc:e.., c1.atJseor phrase. of th\SOrdil'\ancll.or ;my part thereot. isfor.al1yre.son herd to be invalid. $uCh decision shall not affect the validity of the remaining. portions of this Ordinance or any part thereof. The Board hereby d8Qtares that it would have passed each section. subsection; subdivision. paragraph. sentence. clause. or phrase thereof. irrespective of slJbdivislons. paragraphs, sentences. clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Dir.ctors of the South Tahoe Public Utility District at its duly held Regular Meeting on the Day of . 19. by the fQllowingvote: AYES: . . NOeS: CHAIRMAN OF .80ARD . .>' SOUTH ;r~r~,~e,LlC~Tl~TYDlsTAICT ~TT "t";;!)'~~i~"~80ARD ST055156 PLEASE PRINT Name C\-lR lS Title/Affiliation Address ''30 THOMSt:.,J n R JS:.<"TOQ.. S,1\r-JfofW , F" A LltStJ l..E,4 F I< 0 ~ i v= flJ'Utt C/I. MI Agenda Item/SUbject as Listed on Agenda: [~ Available to Respond to Questions. ~ I wish to Testify on Agenda Item No. Estimated Time Required for My Testimony: S"' fJl ,,J [ ] other Comments: Name MI!' t!.bMW ~ Title/Affiliation fi.tLGN /&9,c {/t:HE~7.{' Address ?J9.Bt 93?r ~q- C!-/I- <76/~~ Agenda Item/Subject as Listed on Agenda: #~)p7Jj=- 4al PAP 8Jrfr~ j.5S0c [ ] Available to Respond to Questions. [ ] I wish to Testify on Agenda Item No. Estimated Time Required for My Testimony: LO [ ] other Comments: Name KocH Title/Affiliation 1JuJ.,ve7e... CLU~8 ~LVPl //(/&- Address..,,2/.:::L r ~/5g Agenda Item/Subject as Listed on Agenda: ~ ~Available to Respond to Questions. [ ] I wish to Testify on Agenda Item No. Estimated Time Required for My Testimony: [ ] other Comments: ST055157 EVERETT W. LUNDY 891 West Bonita Avenue Claremont, California 91711 ;z (r 7(1"'2/ /3C.>frf'\-{;) CPt'- ()( /!;;I:C {oi"< '7 :;7 'r /7 L-> t' /> . c;. ,51Y[ {... IE- /7 A:~- r-I (j2, I~- ~ 0 l? .Q i:::: 0 ( cr ~ 0i LO;:- c!;/ F~- (~.~. {;.( cf c> '-r!<: k c_l?"'4 LCrt::-F ./-,('t..JLE ~.I.... u r-r ,:>.' Nf- F/,)(.. '( ",'H;l.. t?:-,> - C~ JC::- ~ ..4-F {t''''" c';:::::'~~ /_/-.... .~ c... Il-=Lc= 'f:; &r. i:::-~ c- ..1- q KC= -~(~ 9- 'L-<. J:'- ~ C E (:::. r- Fer?.d..- ~tc? 1:=- c t? r;-7 I::> /-2 "T{ c (.( 0 A:- T i:-,. ,:'~' cA It--~-~/ ~. C p/~.:&;; p~ (~ T r-- C) ~ ~ (.::~ c>-?: ?~~' ~. /of. ~.t'- eN t..... ~ -~? r~ ~) I't- (.? <&df~ \?' <;...:-. 13fd:-ry- -:5,,' ~ C::.' 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O'Y\ d p s c ~ 0L-0- c=I 0v ",J-qj/ cz-I--c ~ 4- ~ er- -sysl-e-.."" :J: ~ ;}c(+~€-1-4 S><s~s. Lot ~ti- pqr.u" l~~-s /q.c J Ci\^ Sud .8~ ~ fact &'5 (c..L (.,c) () u {/d e Y~J,2-~5(2- ~~ +-0 r- L.J 11"- ~ CJ}_ /' hVVV\. '5"~9 Ie. d"s I'tLIA:-<2l' ~ +-{OG~ +to SD {{_odS CL!~d- t-Le / ~.I ~ tL VV\. v' €-{'- (' :5 u---r-fJ"fl ~=C:~( ~~t- Sc~ ~ u~,1d u-p 4 <:"i/O(t,.;(S ~. p0'j'j0[ ~"'5 1Ldt- a{r-PQd( 6 C'CU \$1.1- 'e ~ ~~ 9+O-VLfoy-J '~ 1--. u .~ L-r,- +--L.e , ~-oVCS{~S' 61- ?i'ofJDS'-e~~ 6t-cf~CQ- t..r~o /e2S" ST055159 :5 ~ '(J 00.:( .Q.-v<-'J~ee.;~1 a .cue'=- I /.<v2C& u'V-- r p {' P L ~ +- rLz..{- ptu:J'5 C;,.y VV'-o~ ~O--v'-= f1-{'c;k,/~3 t.A-J z; {Il c; c C uy- ~ iLe.. S..f-~ ~.~ .---. ' I (-0 of- Of' d (J GLJ'^- "B .f-r-- e-.a v>". ~ ~ c~ ~~~+4 C~L'4 waA~ t'~ ~ sl-cc~f1 tf'- eiu c ~ d. ~ ~ CCJtf ~d-cOr-- 5 Y S{-Y9-vv~ . /4 '3 D L u-J-t. ~([Y'- f'-- . ( ~ , C 5Z c:=J.,' .".'1/d yy~~~ 't-r-7 c'6 +v ~{u3k +-et~{~-fs, WlP~ C' &-f-V( ~~ r~ G W L (;( ~ 0. (/0-':: ( 0: tl--e J - "fL) -r-& S D iA.ri" ~ d t) uJ II'- li' II ~ "'fJ ~-t- $-<U.-We../'- VV'-G.~' ~ C) Co../-o. ~ L 0-_Cj y&U '" ST055160 ,0L C C)'VL i-a:Zvu l-#..-~ S <9 (t. 'cf' S ~~..A.-rE'-..r---Q~ ~~ ~ ~ ee -If ~ + f-o a '-!- ! ~(j:; s/-' c~(~~ ~ k.ou u j CL~q-/(-( ~ P u tJ 8M u Cd C O-N" f-vtCt- L 0'<'- S'L 'J. e-v' ~ 57 S -.(-:.--V\. fJ V-O '1-O-.1,"S wj~{d. c'ov(~ C)C'CU-('- ~ ~ s~ U--r-eQ5J. 0-1- ~ ~a~c'~ sys~ cVf- F- cc. Ii O-V\- i- ~Q +- ~. Ie ~ . j/ <2.f'7 T r-u ~ Yo uy "'J. ~p~~/~ \ ST055161 ;' J FEE 10 '92 16:19 SWANHILL ~,e..2/3 v J PALLEN LEAP LARE ASSOCIATES .525 University Avenue, .620 Palo Alto, California 94301 December 6, 1991 Diane M. Gilbert Publio Information Officer South Tahoe PUblic Utility District P. o. Box 19487 South Lake Tahoe, California 95706-3487 Re: Proposed Ordinance - Fallen Leaf Lake Dear Ms. Gilbert: Thank you for sending us a copy of the referenced ordinance. We have reviewed it and wish to go on reoord in support of the proposed ordinance as drafted. As you know, we plan to install 100% Low Water Use Plumbing Fixtures in the 39 rental units and the manager's unit which we plan to construct on our property. We feel that is appropriate and necessary for all other Fallen Leaf property owners to retrofit their properties in the spirit of the cooperative effort described in your letter. The rebate, proposed by your District is consistent with such a cooperative, effort and we commend you for this aspect of the plan. I have a question in reqard to the construction of new facilities such as we contemplate. - Should not the proposed ordinance require all new construction to incorporate Low Water Use Plumbing Fixtures? Or, if another ordinance containing such a requirement is already in force, should the new ordinance not refer to that fact? I feel that the property owners who will be affected by the new ordinance should be assured of the fact that all new construction must comply with ~he same dictates as existing construction. By copy of this letter I am notifying the Secretary to the Board of Directors of the Fallen Leaf Lake Community Services District of our position vis-a-vis the proposed ordinance. I feel that the C.S.D. will favor the ordinance and will comply with its requirements as they apply to new facilities which they plan to construct in the Public Access Area at the south end of the lake. ST055162 f FEB 10 '92 16: 19 Sl"jAt~HILL P.3/3 v J Diane M. Gilbert -2- December 6, 1991 We will ask our Lodge manager, Eric Thaden, to a~tend the public hearing on 1/2/92 and I will be happy to assist you in any way I can during the interim. Sincerely, FALLEN LEAF LAKE ASSOCIATES James B. Hill, President JBB/as cC-Carol Block, eSD Secretary (with attachments) cC-Eric Thaden (with attachments) ST055163 FEB-19-'92 WED 16:30 ID:PETER THIERIOT/CPC TEL NO:415/512-8269 PETER E. THIERIOT February 19, 1992 Diane M. Gilbert Public Information Officer South Tahoe Public utility District Box 19487 South Lake Tahoe, CA 96151-3487 Dear Ms. Gilbert: Thank you for your letter of February 12, 1992 about draft Ordinance No. 440, about which I have never heard and notice for which I never received. Attached is a letter addressed to the Board of STPUD. Please hand a copy of this letter to each Board member. Thanks, in advance, for your help. co: Ms. sally Marriner, President CSD of Fallen Leaf Lake Peter E. Thieriot P. O. Box 420217 San Francisco, CA 94142-0217 415-777-7444 1:*250 P01 ST055164 ___ F~B~19-'92 WED 16:34 ID:PETER THIERIOT/CPC TEL NO:415/512-8269 PETER E. T~IERIOT February 19, 1992 Board ot Directors south Lake Tahoe Public utility District BOX 19487 South Lake Tahoe, CA 96151-3487 RE: Draft Ordinance No. 440 Dear Directors: I am a property owner at Fallen Leaf Lake and I have just received the letter of Diane Gilbert dated February 12, 1992. I am writing to ask that you post- pone your decision on proposed Ordinance No. 440 tor several reasons. First, I read with amusement the article from the Tahoe Tribune included with Ms. Gilbert's letter. The reason for the "minimal resistance" from Fallen Leaf Lake residents to this ordinance is that none of us were aware of your proposed action. In the short time that has passed since receiving your letter on Tuesday, February 18, I have spoken with several other property owners. None of us were aware of your proposal because none had received notice. I do appreciate Ms. Gilbertts letter of February 12, However, it was received well after your first meeting, and just two days before what is planned as the last hearing before the Board is to take action. Two days is virtually no time to act in the best of circumstances. It is absolutely no time when those to be directly affected do not live in the area during the winter and are, unable to attend a meeting on such short notice. Second, additional time is necessary to give your proposed ordinance adequate attention. As proposed, I believe that the ordinance may be unnecessarily broad; is not supported by accurate data; and will work a great hardship on a number or property owners. 1:*251 P01 ST055165 _ FEB-19-' 92 WED 16: 35 ID: PETER TH I ER I OT /CPC TEL NO: 41;)/512-8269 t:l251 P02 -2- Fallen Leaf presents a unique situation. There is one major producer of wastewater at the Lake, and that is stanford Camp. As a Fallen Leaf property owner, I can assure the Board that the level of activity at stanford Camp has increased significantly since the 1977 standards were established, a decade and one half ago. It now operates for a longer season with a large number of guests. stanford is always at full capacity during the season, and it accommodates some 250-270 quests plus 70-75 staff for a total of 325-345. It has approximately 100 toilets, only four of which are low-flow. At a rate of consumption of 45 gallons per capita per day, Stanford will produce 14,400 gallons of wastewater a day, with a population of only 320 people. It is reasonable to assume that stanford's guests are less conscious of the need to limit flow than are local residents. The result may well be that guests exceed the 45 gallon per day rate. Compared to this rather heavy daily use, most individual property owners do not use their cabins at all during the winter, and only for sporadic and temporary periods during the balance of the year. The Board's objective is to reduce the level of wastewater flows from Fallen Leaf Lake to an acceptable level. There is no opposition to this goal at Fallen Leaf. However, it may not be necessary to force conversion of all of Fallen Leaf to low flow. The conversion of only Stanford Camp may well be sufficient to reduce the flow to the desired level. If this action should prove inadequate to meet the goal, then the balance of property owners will convert. This alternative should be given consideration. Most of the cabins at Fallen Leaf Lake were constructed forty to seventy years ago. Many of these cabins have their original plumbing fixtures. These fixtures cannot be fitted with low flow devices and this would necessitate replacement of all of the plumbing fixtures in these cabins. This would be a financial hardship and would also remove much of the "old timey" atmosphere of these homes. Finally, I question that the Board has adequate information upon whi.ch to make its determination. Judging by the statements of Mr. onysko which were contained in the newspape~.4rticle, the statistics _ FEB-19-'92 WED 16:36 ID:PETER THIERIOT/CPC TEL NO:415/512-8269 l:I~'51 P03 generated by the flow meters are not generally recognized as accurate. In addition, the math contained in the draft ordinance appears to be wrong. The draft of findings indicates that the per capita flow rate is to be 45 gallons per person per day. Further, II . . . a peak occupancy of 1, 277 population was factored, resulting in a peak flow of 59,770 gallons per day. . ." However, unless I am wrong, 45 x 1,277 - 57,465, not 59,770 as the draft ordinance indicates. I realize that this may only be a simple mistake in math, but it suggests that a prudent person would wish to re-examine the figures upon which the Boardts decision will be made. In sum, I petition the Board to examine first Stanford's wastewater flow rather than mandate low- flow fixtures for the entire Lake, i.e. for the occasional visitors at individual cabins. If the Board would like to hear the response of the Fallen Leaf community to its proposal, I suggest that adequate time be provided for reply and adequate time for attendance at Board meetings. Until then I petition the Board to postpone action of Ordinance No. 440. s~~ \f'~ cc: Ms. Sally Marriner, president eSD of Fallen Leaf Lake Peter E. Thieriot P. O. Box 420217 San Francisco, CA 94142-0217 415-777-7444 02/1 Sl/92 10:45 DRVIS MEDICRL GROUP 916 756 5817 001 DAVIS MEDICAL GROUP Woodland Clinic Medical Group 635 ANDERSON ROAD, SlE, 10, DAVIS, CALIFORNIA 9nfi16 (916) 7:;3-3;j46 FA MIL. Y PR~C;nC~ FREOERICK J, SOBECK. M.D, LAWRENCE y, MOl"lCt lEAD, M,D, J. THOMAS WILKES, M,D, SHANNON K, SMlfH. M,Q, February 19, 1992 Diane M. Gilbert Public Information Officer South Tahoe Public Utility Oistrict P.O. Box 194B7 South Lake ~ahoe, CA 96151-3487 Dear Ms. Gilbert: I received your letter regarding the proposed draft ordinance yest.erday and will not be able to attend the second public hearing on February 20. I understand and approve of the need to reduce sewer outflow from the Fallen Lake region. I feel your proposed solution is unfair as it intends to be applied to all users, however. Our cabin is one of four on the most remote spur of the existing sewer system. We have one bedroom, one bath, no dishwasher, no washing machine. Our cabin cannot accommodate many people at any oue time. The cabin is in use perhaps 30 days each year. We were not even there during the high peak flow times of early July 1~91 that you de~cribe. Our water use was so low that prior to being required to join the sewer system, we got by with simply an outhouse "pit toilet". I would hope that you would grant an exemption to small cabins with inf~equent occupancy who can demonstrate that they do not signIficantly contribute to the total sewage volume. Sincerely, ... ~- J ./:.~, / / _ ,/ a~-4i!,~ Fredarick J. Sobeck, M.D. 749 Plum Lane Davis, CA 95616 FJS/hp ST055166 ...__~___.__,_..__.____~_~_.__._"""_.__"_.._...-.~..~-_.,_~_"_'H_"_'_'_'.. .. -Prta-c'- eJ'cAlT TC A--LL- ~jmcaL0/UI::.-X-"::C i(./ fiILH; T/~-L...-;}- A r 1- { L SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewe, 1950 Waler A PUBLIC AGENCY =0//9 Y--' P.O. Box 19487 . South Lake Tahoe, California 96151-3487 1275 Meadow Crest Drive. Phone (916) 544-6474 . FAX (916) 541-0614 February 12, 1992 Dear Fallen Leaf Lake Homeowners: Last week the District's Board of Directors held a public hearing in consideration of draft Ordinance No. 440, An Ordinahce of the South Tahoe Public utilitv District to Provide for the Installation of Low Water Use plumbinq fixtures at Fallen Leaf Lake. The Ordinance was initiated to reduce the wastewater flows from Fallen Leaf Lake. The average peak wastewater loadings generated from Fallen Leaf Lake (77,000 gallons per day) are well above the design criteria flow projections made in 1977 (60,000 gpd). Those projections became the established limits for the Fallen Leaf Lake wastewater flows. The enclosed draft ordinance requires property owners to retrofit plumbing fixtures with ultra low-flow fixtures by June 30, 1992 in order to facilitate a solution to the overloading problem. We are hopeful that through a cooperative effort between the District and the Fallen Leaf property owners we can greatly reduce the wastewater flows. Please review the draft ordinance. Your comments are welcome, either in writing or in person at the second public hearing February 20, 1992. The public hearing on the ordinance will be held during the District's regularly scheduled Board meeting at 5:00 p.m. at the city council Chambers, 1900 Lake Tahoe Blvd. (corner Tata Lane). The Board may take action to enact the ordinance following the public hearing. Here's the good news! I am also enclosing a letter describing our current ULTRA LOW-FLOW REBATE PROGRAM, a rebate application, list of recommended fixtures and a "lucky buck." The District will pay commercial and residential property owners $75 for every ultra low-flow toilet that is installed between now and June 30, 1992. In addition, South Tahoe Refuse has agreed to dispose of the old toilets for only $1 each. 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(b Ecn g~oos so. c a~~ .:!1i .... ~ p en- ~ ~ .... 0 (b!:::!. 50 ::;. ~::s - v. .... ~ ~ . ::s \o::s =;;r ~ -. 0 0Cl en :::r' .... - cn 8 (b \0 :::. ~ t::;. ::s ~ _. ~ -u.g& e.;s~w@::s'O nOCl go: ~ g ~ g ~ a. 3:' ~ ~ ~ ~ a &; ~ ~ CD...._ ::s'O::Sp;> ~~-:: S'O g '< ..... 0 p;> ~ _0Cl P ::s 0. cn en ~ n" cn o .... P ::s J>> So ~ P. 0" .... 0" .... .... ~ :0;" )> ~;;: En g ~ 0:< e.,< ~ '< -< ~ (b 9 to c -- c. -- ::J OQ tn ::s- c. filii- c.. o =e ::J tn Q) -- ~ -c o tn tn -- C- CD1 ST055168 ORDINANCE NO. 440 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO PROVIDE FOR THE INSTALLATION OF LOW WATER USE PLUMBING FIXTURES AT FALLEN LEAF LAKE BE IT ENACTED by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of El Dorado, as follows: SECTION I. - FINDINGS A. The existing Fallen Leaf Lake sewer collection system design is based on estimates made in 1977 of occupancy loads and from field observations. The estimated per capita flow rate of 45 gallons per capita per day was established and a peak occupancy of 1,277 population at Fallen Leaf Lake was factored, resulting in a peak flow of 59,770 gallons per day being fixed as the project flow design criteria. The project flows can be broken down as follows: Stanford Camp Permittees U.S. Forest Service Fallen Leaf Lake Associates Private Propoerty Owners Frederick's Property 14,400 7,160 2,000 12,600 23,310 300 B. The sewer collection system at Fallen Leaf Lake was, based on the 1977 design studies, restricted to a maximum average discharge of 60,000 gallons per day. C. The limit of the Fallen Leaf Lake sewer collection system of 60,000 gallons per day was also imposed by the Tahoe Regional Planning Agency in the SOUTH TAHOE PUBLIC UTILITY DISTRICT'S ("District" herein) 0.2 expansion program. D. The District is responsible for enforcing the 60,000 gallons per day discharge limitation for the sewage collection system at Fallen Leaf Lake. E. Measurement of existing wastewater flows establish peak flows in excess of 60,000 gallons per day. A reserve flow of 12,600 gallons per day for future use by Fallen Leaf Lake Associates is not included. F. Reducing sewage influent by water conservation will help reduce the collection system loading below 60,000 gallons per day. The specific rules, regulations and restrictions established herein are necessary and appropriate to the accomplishment of that end. Additional measures may need to be taken to reduce flows below 60,000 gallons per day. Additional measures may include, but are not limited to, the purchase of additional sewer capacity, additional metering, additional flow reduction, and/or disconnection from the system. SECTION II. - DEFINITIONS A. The District - The South Tahoe Public utility District. B. The Board - The Board of Directors of the South Tahoe Public utility District. c. General Manaqer - The General Manager of the South Tahoe Public utility District. D. User - Any person, firm, company, partnership, association, corporation, or political entity using the Fallen Leaf Lake wastewater collection system owned and operated by the Distrrct. E. Buildinq - Any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities. F. Low Water-Use plumbinq Fixtures - All of the following: 1. Any toilet, urinal or other device which discharges no more than 1.6 gallons per flush, and incorporates American National Standards Institute standards. 2. Showerheads, lavatory faucets, and sink faucets, the flow from which is not to exceed 2.75 gallons per minute, plus or minus ten percent (10%) tolerance, at water pressures up to 80 pounds per square inch; or any faucet aerator which allows discharges of no more than 2.75 gallons per minute. The words "3.0 gpm max", the actual tested flow rate, or other conspicuous marking approved by the Executive Director of the California Energy Commission shall be marked on the fitting or on a label attached to the fitting to show compliance with flow rate standards. The foregoing maximum flow rates are as established by American National Standards Institute. Low Water-Use Plumbing Fixtures means all of the plumbing fixtures identified in this Subsection. SECTION III. - REQUIREMENTS A. Users shall retrofit all plumbing fixtures in all buildings which do not meet low water-use plumbing fixture standards with low water-use plumbing fixtures, as defined by this ordinance, no later than June 30, 1992. These fixtures shall be installed and maintained, and shall not be replaced with fixtures which allow greater water use or wastewater discharge. -2- ST055169 __.__.,"..._..'"____'~~._'_m^_+. ,~___._.._,_.,~_...,,_..___._.._...___ B. statement of exclusive retrofit in compliance with this ordinance, together with a dated copy of the purchase receipt for each low water-use fixture, and a copy of the labor contract, or statement of self installation, which evidences complete installation, shall be forwarded to the District, and a written agreement by the user allowing inspection of the property by the District. SECTION IV. - ENFORCEMENT A. The provisions hereof shall be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more designees. As used in this section IV General Manager includes designees. B. Each User is deemed to control the wastewater discharged into the sewer collection system at his or her premises and to be responsible therefor. c. Whenever the General Manager determines that there is an existing violation of this ordinance, that low water use plumbing fixtures have not been installed, or have been removed since initial installation, the General Manager shall discontinue forthwith sewer service to the User at the building where the violation occurred, in accordance with the disconnection procedures defined in District Ordinance No. 372 Requlatinq the Use of Public & Private Sewers. Reconnection shall occur only when there is compliance with all provisions of this ordinance. D. District shall be reimbursed for its costs in enforcing the provisions of this Ordinance, including such costs as District incurs for District staff to investigate violations and monitor the Users compl iance wi th the terms hereof. Charges for discontinuing or restoring sewer service, as those charges are determined by the District, shall be paid by the User. E. Any User may appeal any decision hereunder to the Board by filing a written appeal with the Clerk of the Board within 10 days from the date of the decision appealed from. The Board may, in its discretion, affirm, reverse, or modify the General Manager's decision and impose such conditions as it deems appropriate. SECTION V - SEVERABILITY A. clause reason of the If any section, subsection, subdivision, paragraph, sentence, or phrase of this Ordinance, or any part thereof, is for any held to be invalid, such decision shall not affect the validity remaining portions of this Ordinance or any part thereof. The -3- ST055170 Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public utility District at its duly held Regular Meeting on the day of , 19__, by the following vote: AYES: NOES: CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT -4- ST055171 SOUTH TAHOE PUBLIC UTILITY DISTRICT Sewer 1950 Waler A PUBLIC AGENCY P,O, Box 19467 . South Lake Tahoe, California 96151-3467 1275 Meadow Crest Drive. Phone (916) 544-6474 . FAX (916) 541-0614 February 1992 ATTENTION Property Owners: Thank you for your interest in replacing your existing toilet with an efficient, ultra low-flow fixture. The utility District encourages you to take advantage of our REBATE program now! Here's how it works: . . District customers replace ("retrofit") their existing toilet(s) with ultra low-flow fixtures. The new toilet(s) shall use no more than 1.6 gallons per flush. The brand of toilet shall be at the discretion of the property owner, however we recommend you consider one of the models listed on the attached sheet. The method of installation, whether by a professional contractor, handyman, or property owner, shall be determined by the property owner. . When the retrofit is complete, the property owner will complete a simple Toilet Rebate Application. This can be accomplished by mail or in person at the District's Customer Service Office, 1275 Meadow Crest Drive, South Lake Tahoe. . A District Inspector will inspect the retrofit at the residence or business. . The utility District will process a $75 per toilet rebate check to defray the cost of the water conserving toilet and its installation. The property owner can expect his/her check within four weeks of inspection. . The South Tahoe Refuse Company will dispose of your old toilet for $1. simply use the "lucky buck" attached! Attached you will find a Toilet Rebate Application for your use. If you have already retrofitted your toilet fixtures, simply fill out the form and send/bring it to the District so we can schedule an inspection. The utility District has funded $50,000 for this program for the budget year beginning July 1, 1991. The rebates will be handled on a first-come, first-served basis, while funding lasts. Thank you for your interest in this worthwhile program. Together we can reduce the amount of this precious resource, WATER, getting flushed down the drain. Sincerely, Q~<-G Diane M. Gilbert Public Information Officer ST055172 ~.ufacturer Acorn American Standard Artesian Brigs Crane Plumbing Eljer Fabricas Orion Gerber Pluming Grnqt W.C. Corp Kohler Mansfield/Kilgore /Norris Microphor (previously Toto Kiki) Peerless Pottery Porcher Sears Titan Toto Kiki Universal-Rundle V & G Sales (Bradley) Vitromex VI Jrn Pottery SOUTH TAHOE PUBLIC UTILITY DISTRICT RECOMMENDATION FOR ULTRA-LOW FLUSH TOILETS (Effective July 5, 1991 - June 30, 1992) Subject to Revision and Change Toilet Model 1000, 1001,1002, 1003, 1004, 1005, 1006, 1415, 1418, 1420, 1420, 1426, 1675, 1679, 1680, 1684,1685,1695,2100,2105,2110,2115,2121,3315,3318, 3330, 3331,3332,3333,3334, 3335, 3336, 3337, with -Ift- suffix New Cadet Aquarneter 2172.123. 2292.203; Plebe Aquallleter 2139.010. 2139.014, 2139.116, 2145.010,2145.012,2145.014; Madera Aquameter 2234.015; Elderly New Cadet Aquameter 2168.128,3043.102; New Afwall Aquameter 2257.103 Designer Lite C-4602; Santa Fe C-4241; Somerset Lite C-4600 (4200 Bowl and 4800 Tank) Turboflush 4700.4710,4740,4745; Beautyware 257, 258,280,281 282,283,284,287,; Ultra- Conserver 4720,4725; Viscount 1/7790; Carlton 1/7715; bultan 1/7780. Economizer 3-604, 3-605, 3-606, 3-618; CraneMiser 3-660, 3-662. 3-664,3-670. 3-672, 3-674; Whirliton Lite 3-325E Aqualine AF46303. AF46308, AF46403; Preserver 091-4800, 091-4805; 091-4815; Preserver II 091.4850,091.4855; Terrace Ultra One/G 091-1200, 091-1205; Ultra-One/G 091-4660,091-4700, 091-4705; Ultra 1.5/G091-4900 Argus; Argus 306/Monarca Aqua Saver 21-702,21-712,21-718; Ultra-Flush 21-302,21-318,21-312,25-730.25-830 Savex 6040, Savex 6051 (CISA, Venceramica and Edesa) (previously listed under Ceramicas Industriales) Couture Lite K-3471; Highcliff Lite K-4368; Kingston Lite K-4330; Portrait Lite K-3490; Rialto Lite K- 3404, San Raphael Lite K-3394; We8comt! Ute K-4350; Wellworth Lite K-3407, K-3414, K-3420, K-3421 Cascade 3180,3190; Ollantll/ll150-1; Allegro 130-16. 135-16; Norris 516, 517 536,637; ULF Commercial Model 1310 LF-16R, LF-16E Hydrorniser 5160. 5161, 5164, 5660 Le Veneto 9712 5560,5585 The Baron R05 CST 703 (previously listed as LF-16RI, CST 704 (previously listed as LF-l GE) Atlas 4090,4092,4093,4095,4096,4097,4098,4099; Atlas handicap 4078; Amega 4057,4067; Taurus 4058. 4068; Saturn 4023,4022 7335, 7337 Corinto 812 W/S Aris; 822 LlC Aris; 832 Clinton Models in bold italics will need 1.6 gallon pcr flush commercial villves. For detailed program information and a rebate application, call 544-6474 ext 208 ST055173 _________~__,'_ _,.'_______~'_",_.~__.__ ,.w_..__,_.____~._~.._,_____._~_______~____.___"'..__~_'~----.""'-.-...-'..'...---- Toilet Rebate Application Owner Information ~ Property Owner's Name Property Address Account Number (APN) Owners Mailing Address Daytime Phone Number Owner signature Property Information Property Class: (check one) o Single Family Dwelling o Commercial o Multi-family Dwelling o Gov't./Recreational Name of Business :,:.~;~~~:..; Physical Address Number of standard Toilets retrofitted to 1.6 ULF o Water Account Brand o Metered Acct. Model No. Rate Code For Official Use Only Inspected by Date ..." Accounting/Acct. Payable Date Accounting Code # 1-4-5027-6661 Amt. $ Customer file Update Date Public Information Office Date 7/5/91 dg ST055174 '-- 1 You Pay Only One Dollar 1 Date "Lucky Buck" "Lucky Buck" Ins&><'ctor The South Tahoe Refuse Company, in cooperation with South T.ahoe Public Utility District, will dispose of your old, water-guzzling toilet for $1.00. '---- ',-- ST055175